198 Regulatory agenda?

GOVERNOR'S OFFICE

Regulatory Agenda

[41 Pa.B. 679]
[Saturday, January 29, 2011]

 Executive Order 1996-1, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the 30th publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

 The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

 Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

 This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
6 Pa. Code Chapter 15 Protective Services for Older Adults	December 2011, as proposed.	The Older Adults Protective Services Act is under review in light of the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law to be unconstitutional. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered.	Denise Getgen [phone]
6 Pa. Code Chapter 23 Long-Term Care Ombudsman Program	December 2011, as proposed.	The Department wishes to promulgate regulations for the Long-Term Care Ombudsman program in order to bring it into conformity with national standards.	Bob McNamara [phone]
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2, 3 and 16	July 2011, as proposed.	The long-term project is intended to update the Department's Regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389).	Craig E. Shultz, DVM Director [phone]
Cervidae 7 Pa. Code Chapter 18	March 2011, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations. (3 Pa.C.S. §§ 2303—2380.9).	Craig E. Shultz, DVM Director [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 20a	July 2011, as proposed.	Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa.C.S. §§ 2501—2504).	Craig E. Shultz, DVM Director [phone]
Biofuels 70 Pa. Code Chapter 11	August 2011, as proposed.	This regulation will satisfy the requirements of Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act).	John Dillabaugh [phone]
Weights and Measures Regulations 70 Pa. Code Chapters 1 through 101	December 2011, as proposed.	This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act.	John Dillabaugh [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186—190	June 2011, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186—190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health, and medication, wagering, due process and disciplinary action.	Jorge Augusto [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	June 2011, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173 including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Jorge Augusto [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	December 11, 2010, as final.		David Scott [phone]
Commercial Feed Rules and Regulations 7 Pa. Code Chapter 71	March 2011, as proposed.	This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act)	John Breitsman [phone]
Pet Food Rules and Regulations 7 Pa. Code Chapter 72	March 2011, as proposed.	This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act)	John Breitsman [phone]
Fertilizer Regulations 7 Pa. Code Chapter 73	September 2012, as proposed.	This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701—6725 (Fertilizer Act).	John Breitsman [phone]
Soil and Plant Amendment Regulations 7 Pa. Code Chapter 130a	September 2012, as proposed.	This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S.A. §§ 6901—6921 (Soil and Plant Amendment Act).	John Breitsman [phone]
Clean and Green Regulations 7 Pa. Code Chapter 137b	June 2011, as proposed.	This regulation will address statutory changes made by Act 235 of 2004, Act 88 of 2010 and Act 109 of 2010 and will otherwise update the current regulations.	Douglas Wolfgang [phone]
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	December 2011, as proposed.	This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations.	Douglas Wolfgang [phone]
PA Food Code 7 Pa. Code Chapter 46	April 2011, as proposed.	This regulation will amend 7 Pa. Code Chapter 46 and implement legislative changes that may occur during the promulgation process.	William Chirdon [phone]
Milk Sanitation 7 Pa. Code Chapter 59a	March 2011, as final.	This regulation will replace 7 Pa. Code Chapter 59 and implement the provisions of the Milk Sanitation Law.	William Chirdon [phone]
Commercial Kennel Canine Health Regulations 7 Pa. Code Chapter 28a	Published November 27, 2010, as final.	This regulation sets standards for humidity, ammonia and ventilation levels, as well as, lighting and flooring standards in commercial kennels.	Sue West [phone]
BANKING
Annual Assessment Regulation	Late 2011.	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing the conduct of debt settlement services pursuant to the Debt Management Services Act.	Late 2011.	Required pursuant to 63 P. S. § 2403(b).	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing pleading procedures for Department administrative actions.	Late 2011.	Regulation to create simplified and clear filing and pleading procedures specific to Department administrative proceedings and the statutes under the Department's jurisdiction.	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing continuing education under the Debt Management Services Act.	Late 2011.	Required pursuant to 63 P. S. § 2409.	Robert C. Lopez Deputy Chief Counsel [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Film Production Tax Credit Program (Final Regulation)	Spring of 2011.	The purpose of the final regulation is to implement the provisions of the Tax Reform Code of 1971 relating to Film Production Tax Credits.	Andrew Tanzer [phone]
Industrialized Housing and Components (Proposed Regulation)	Spring of 2011.	The purpose of the proposed regulation is to amend Chapter 145 of Title 12 to bring it into compliance with Act 13 of 2009.	Mark Conte [phone]
Local Earned Income Tax (Proposed Regulation)	Spring of 2011.	The proposed regulation interprets and makes specific the provisions of the Local Tax Enabling Act, as provided in Chapter 5 of the act (53 P. S. § 6924.501 et seq.). The proposed regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth.	Andrew Tanzer [phone]
Office of Open Records Appeals Process (Proposed Regulation)	Spring of 2011.	The purpose of the proposed regulation is to establish regulations relating to appeals involving a Commonwealth agency or local agency.	Terry Mutchler [phone]
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code Chapter 431 Constables' Education and Training Board	April 2011 Proposed.	The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training. Recent statutory changes have necessitated additional updates to the regulations.	John Pfau 265-8546
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	Publish proposed rulemaking April 2011.	A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502)	Matt Beaver [phone] Susan Wood, Esq. [phone]
State Forest Picnic Areas (Chapter 23)	Publish proposed rulemaking April 2011.	The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502)	Matt Beaver [phone] Susan Wood, Esq. [phone]
Conservation of Pennsylvania Native Wild Plants (Chapter 45)	Publish proposed rulemaking April 2011.	Major purpose of rulemaking is to update the lists of native wild plants within the classifications and change the beginning date of the ginseng harvest season from August 1 to September 1. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313).	Chris Firestone 570-724-8149 Susan Wood, Esq. [phone]
CORRECTIONS
Revisions to 37 Pa. Code Chapter 93	July 2010, as proposed.	The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions.	Timothy Holmes [phone]
Amendments to 37 Pa. Code § 94.4	July 2010, as proposed.	The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates.	Theron Perez [phone]
EDUCATION
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapter C	Fall 2011, as final.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. Seq.	John Tommasini [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63	Fall 2011, as proposed.	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. §§ 6701 et. Seq.)	Myrna Delgado [phone]
Higher Education— College and University Security. 22 Pa. Code Chapter 33	July 2011, as proposed.	This chapter governs the responsibility of institutions of higher education to comply with the College and University Security Information Act. The chapter applies to independent institutions of higher education, community colleges, member institutions of the State System and State-related institutions.	Adam Schott [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
25 Pa. Code Chapter 1021 Practice and Procedure	The Environmental Hearing Board intends to propose corrections to existing rules in early 2011.	The Environmental Hearing Board intends to correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, and eliminate its rules pertaining to the Costs Act which has expired.	Maryanne Wesdock [phone]
ENVIRONMENTAL PROTECTION
Remining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapters 86—88	FY 10-11.	Revisions to Chapters 86—88 to include remining financial guarantees proposal, and revisions to address program conditions that are currently inconsistent with federal OSM rules, including self-bonding, decisions on incidental coal extraction, coal exploration on areas unsuitable for mining, impoundment design criteria and disposal of noncoal waste and NPDES permit-by-rule for abandoned mine discharges.	Bill Allen [phone] [e-mail]
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 77	FY 10-11.	Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including hydrologic data requirements and updates to permit application fees to support program activities.	Bill Allen [phone] [e-mail]
Water Supply Replacement Surface Mining Conservation & Reclamation Act 25 Pa. Code Chapters 87 and 88	FY 10-11.	Revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies.	Greg Shuler [phone] [e-mail]
Remining Requirements (Subchapters F and G Revisions) Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapters 86 and 88	FY 10-11.	Amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect regulatory changes enacted by the Federal Environmental Protection Agency.	Keith Brady [phone] [e-mail]
Noncoal Mining Fees Noncoal Surface Mining Conservations & Reclamation Act 25 Pa. Code Chapter 77	FY 10-11.	Amendments to 25 Pa. Code Chapter 77 in order to implement fees to support the Noncoal Mining Program.	Bill Allen [phone] [e-mail]
Coal Mining Permit Fees Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapter 86	FY 10-11.	Increase permit application fees to support program activities.	Bill Allen [phone] [e-mail]
Areas Unsuitable for Surface Mining Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapter 86	FY 10-11.	Amendments to 25 Pa. Code § 86.130 to add subsection (b)(18) to designate the Lower Kittanning, Clarion, Brookville and Mercer coals within the upper portion of the Muddy Run watershed, Reade Township, Cambria County, as unsuitable for surface mining operations. The regulation is the result of a comprehensive technical evaluation conducted in response to a petition submitted to the EQB by the Reade Township Municipal Authority, which requested that an area within the Muddy Run drainage be designated as unsuitable for surface mining operations.	Geoff Lincoln [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78	FY 10-11.	Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to the quantity and quality for replacement water supplies as well as their adequate operation and maintenance; alternate requirements for drilling through mineable coal seams and the recovery of coal bed methane prior to mining.	Scott Perry [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78	FY 10-11.	This rulemaking will include changes to bond amounts.	Scott Perry [phone] [e-mail]
Underground Coal Mine Safety Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	FY 10-11.	The rulemaking adopts by reference the MSHA regulations with a few minor edits. The regulation addresses belt flammability standards and maintenance requirements, seal design, construction and maintenance requirements, emergency response requirements, self-contained rescue devices and refuge chambers communication.	Joseph Sbaffoni 724-439-7469 [e-mail]
Underground Coal Mine Safety Automated External Defibrillators Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	FY 10-11.	This regulation establishes safety standards relating to Automated External Defibrillators in underground bituminous coal mines.	Joseph Sbaffoni 724-439-7469 [e-mail]
Underground Coal Mine Safety Reportable Accidents Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	FY 10-11.	This rulemaking expands the list of accidents in underground bituminous coal mines that must be reported to the Department within 15 minutes of discovery.	Joseph Sbaffoni 724-439-7469 [e-mail]
Safe Drinking Water Fees Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 10-11.	Amendments to update drinking water program fees. The fees have not been changed since 1984.	Kevin McLeary [phone] [e-mail]
Dam Safety and Waterways Management Fees Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code Chapter 105	FY 10-11.	The purpose of the rulemaking package is to amend existing regulations at 25 Pa. Code Chapter 105 to update existing fees and include additional fees for activities performed by the Department. The fees have not been increased since 1991.	Sidney Freyermuth [phone] [e-mail]
Clarks Creek, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 10-11.	This rulemaking identifies the six following candidate streams that were considered for redesignation in order to provide the correct aquatic life use designation in the water quality standards: UNT Lackawanna River ''Clarks Creek'' (Wayne County), Pine Creek (Schuykill County), UNT Conestoga River (Lancaster County), Hammer Creek (Lebanon and Lancaster Counties), UNT Schuylkill River ''Spring Mill Run'' (Montgomery County), and Cacoosing Creek (Berks County). A correction to the designated use of Toms Run (Forest County) is also included in this rulemaking.	Rodney McAllister [phone] [e-mail]
Fishing Creek, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 10-11.	This rulemaking identifies the eight following stream segments that were considered for redesignation in order to provide the correct aquatic life use designation in the water quality standards: Buck Hill Creek (Monroe County); Upper Lehigh River (Lackawanna, Monroe, Wayne and Luzerne Counties); Little Lehigh Creek (Lehigh and Berks Counties); Gallows Run (Bucks County); French Creek and Beaver Run (Chester County); Tannery Hollow Run (Cameron County); Fishing Creek (Lancaster County); and Deer Creek and Little Falls (York County).	Rodney McAllister [phone] [e-mail]
Air Quality Plan Approval and Operating Permit Fees Air Pollution Control Act 25 Pa. Code Chapters 127 and 139	FY 10-11.	The proposed rulemaking will amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking also adds a new section to address fees for risk assessment applications. The proposed rulemaking will amend the existing emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking will also add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 to add new categories of fees and to establish a fee schedule to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS).	Dean Van Orden [phone] [e-mail]
Nonattainment New Source Review Particulate Matter 2.5 (NNSR PM2.5) Air Pollution Control Act 25 Pa. Code Chapters 121 and 127	FY 10-11.	The final rulemaking amends the existing nonattainment new source review (NSR) requirements in 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), §§ 127.201—127.218, to incorporate recently promulgated Federal requirements for particulate matter equal to and less than 2.5 micrometers in diameter (PM2.5) and PM2.5 precursors. Amendments to § 121.1 (relating to definitions) are also made to support the final amendments to Chapter 127. The final amendments limit the emissions of PM2.5 and PM2.5 precursors for new major sources or major sources being modified in certain counties and portions of counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. The Federal regulation requires a state with PM2.5 nonattainment areas to submit the revised nonattainment NSR PM2.5 requirements to the U.S. Environmental Protection Agency (EPA) by May 16, 2011, for approval as a revision to the State Implementation Plan (SIP).	Virendra Trivedi [phone] [e-mail]
HEDD—High Electric Demand Days Air Pollution Control Act 25 Pa. Code Chapter 121 and 129	FY 10-11.	The proposed rulemaking would amend 25 Pa. Code Chapter 129 to limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during non-emergency periods that operate less than 1,200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD). Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129.	Susan Hoyle [phone] [e-mail]
Sulfur Limits in Commercial Fuel Oil Air Pollution Control Act 25 Pa. Code Chapters 121 and 123	FY 10-11.	The final rulemaking will amend 25 Pa. Code § 123.22 (relating to combustion units) to lower the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion units in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to § 121.1 (relating to definitions) will also be made to support the final amendments to § 123.22. The final rulemaking will ensure consistency with the State Implementation Plan revision submitted by Pennsylvania to meet reasonable progress goals for reducing regional haze.	Susan Hoyle [phone] [e-mail]
Flexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses Air Pollution Control Act 25 Pa. Code Chapter 121 and 129	FY 10-11.	The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flexible packaging printing presses and offset lithographic printing and letterpress printing presses to meet the Clean Air Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would amend §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and add §§ 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic and letterpress printing presses) to adopt emission limits and work practice standards for flexible packaging printing presses and offset lithographic printing and letterpress printing presses. Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129.	Susan Hoyle [phone] [e-mail]
Municipal and Residual Waste Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code Chapters 271—285 and 287—299	FY 10-11.	These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test and fee revisions. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002.	Steve Socash [phone] [e-mail]
Municipal Waste Regulated Medical Amendments Solid Waste Management Act 25 Pa. Code Chapter 284	FY 10-11.	This rulemaking will amend the existing Chapter 284. This will include some definitions in Chapter 271 that will be added or amended. The term infectious waste will be replaced with the term ''regulated medical waste.'' This terminology change will be a global change. In addition to definitional changes, this proposal also includes changes to storage, transporter licensing and manifesting requirements for regulated medical waste.	Steve Socash [phone] [e-mail]
Residual Waste Generator Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code Chapter 287	FY 10-11.	These proposed revisions streamline and update biennial reporting requirements, reduce the number of generators subject to biennial reporting and annual chemical analyses requirements and eliminate submission of annual chemical analyses. The requirement for source reduction strategies is proposed for elimination.	Steve Socash [phone] [e-mail]
Radiological Health 25 Pa. Code Chapters 215—240	FY 10-11.	This rulemaking will amend 25 Pa. Code Chapters 215—240 in order to incorporate by reference federal regulations pertaining to the security of certain radioactive material.	Joe Melnic [phone] [e-mail]
Radiological Health 25 Pa. Code Chapters 215—240	FY 10-11.	This rulemaking will include amendments to address new x-ray technology that is not addressed in current regulations.	Joe Melnic [phone] [e-mail]
Radon Certification Amendments 25 Pa. Code Chapter 240	FY 10-11.	This rulemaking will include amendments to incorporate standards and protocols for radon certification. The rulemaking will also update worker health and safety rules, provide for the regulation of radon testing and mitigation in schools and public buildings, and amend requirements for radon certification continuing education providers.	Joe Melnic [phone] [e-mail]
GENERAL SERVICES
Responsibility, 4 Pa. Code Chapter 60	Fall 2011, as proposed.	This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Michael C. Barrett [phone]
Committee on Construction Contract Documents, 4 Pa. Code Chapter 62	Summer 2011, as final omitted.	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Michael C. Barrett [phone]
Selections Committee, 4 Pa. Code Chapter 64	Summer 2011, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67	Summer 2011, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Contract Compliance 4 Pa. Code Chapter 68, Subchapter A, Prequalification of Vendors and Non-construction Contractors	Summer 2011, as final omitted.	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Michael C. Barrett [phone]
Methods of Awarding Contracts, 4 Pa. Code Chapter 69	Summer 2011, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Use of the Forum 4 Pa. Code Chapter 87	Fall 2011, as final omitted.	The regulations will be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure.	Michael C. Barrett [phone]
HEALTH
Communicable and Non-Communicable Diseases 28 Pa. Code § 27.1 et seq.	June 2010, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation and revise language pertaining to reportable diseases. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1—521.21.	Jalene Kolb [phone]
Nursing home regulations 28 Pa. Code §§ 201.3 and 211.6	April 2011, as proposed.	Amendments made by Act 68 of 2008 to the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901—1922) include a definition for the term ''social worker'' and prohibits individuals from holding themselves out as social workers, using the title of ''social worker'' or using the abbreviation of ''S.W.'' without meeting Act 68's definition of ''social worker.'' Act 68 also prohibits ''advertising as a social worker and adopting or using any title or description of services incorporating the term 'social worker' and their related abbreviations, which implies directly or indirectly that the individual is a social worker.'' The new statutory definition of a ''social worker'' conflicts with the definition in the Department's nursing home regulations. In order to resolve this conflict and allow facilities to continue to employ the individuals they currently employee in these positions (and who do not meet the new statutory definition of a social worker) the Department would propose to amend the term ''social worker'' in the regulations to ''social services coordinator.'' This will continue to allow nursing homes to hire individuals who meet the qualifications in the Department's nursing home regulations and in federal nursing home regulations, thereby giving facilities a larger pool of potential employees and controlling health care costs. The amendments would be promulgated pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101—448.904b, and Act 68.	Robert T. Datorre [phone]
Hospice Regulations	November 2011, as proposed.	These regulations will establish and enforce minimum standards for the licensure of hospice services and residential facilities. The regulations are based on federal CMS regulations for Medicare certified providers. The regulations govern the construction, maintenance and operation of inpatient and residential hospice facilities to ensure safe, adequate and efficient provision of hospice services.	Audrey Miner [phone]
Emergency Medical Services System Regulations	March 2011 As proposed.	These new regulations will facilitate the Department's administration of the Emergency Medical Services System Act (Act) chapter of Act 37 (2009), 35 Pa.C.S. §§ 8101—8157. The Act repeals and replaces the Emergency Medical Services Act. However, many of the provisions of the Emergency Medical Services Act will remain in effect for 180 after final regulations are promulgated under the Act. The Act is designed to update the existing emergency medical services system by ensuring higher quality and better coordinated emergency medical services are provided in a system that is fully integrated with the overall health care system and, in particular, with the public health system.	Kenneth E. Brody [phone]
Photo Identification Tag Regulations	April 2011, as interim regulations.	The Health Care Facilities Act (35 P. S. § 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P. S. § 448.809.2) requires health care workers employed in health care facilities and physician practices to wear photo identification tags that also contain other information including name, title and name of the health care facility. The effective date of this amendment is January 22, 2011. The Act requires the Department to adopt interim regulations by April 22, 2011 and final regulations within 18 months of the effective date. Implementation of these provisions are staggered with those working ''outside'' of a health care facility and in physician offices required to comply immediately and those employed ''at'' a health care facility required to comply by June 1, 2015.	James T. Steele, Jr. Robert Datorre Audrey Miner [phone]
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b) 2, 963.13(c), 963.14(a), 963.15(a), 963(15)(c), 25 Pa. Code § 965.4(9) and 25 Pa. Code § 965.7.	Winter 2010-11.	PENNVEST recommends the following revisions: (1) Delete 25 Pa. Code § 963.12(a)(6) in its entirety and the second sentence of 25 Pa. Code § 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. (2) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. (3) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month. (4) Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary. (5) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (6) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (7) Amend 25 Pa. Code § 965.4(9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (8) Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million.	Shawn W. Weis (717)-783-6776
INSURANCE
Fraternal Beneficial Societies (31 Pa. Code Chapter 43)	Spring 2011, as final omitted.	Delete an obsolete, unnecessary regulation relating to the establishment and valuation of reserves by fraternal beneficial societies.	Peter J. Salvatore Regulatory Coordinator [phone]
Written Rebuttals to Examiner's Report and Appeals of Orders Adopting Reports of Examination, 31 Pa. Code Chapter 58a	Spring 2011, as proposed.	The Department repealed outdated regulations relating to appeals from examinations because they were inconsistent with the current exam law. This new chapter will set forth procedures and standards consistent with the current statute.	Peter J. Salvatore Regulatory Coordinator [phone]
Life Insurance Illustrations (New Chapter 87a)	Summer 2011, as proposed.	Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form.	Peter J. Salvatore Regulatory Coordinator [phone]
LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Summer 2011.	Update and improve existing regulations for administration and enforcement of the UCC and adopt appropriate provisions of Chapter 30 of the International Building Code (related to elevators and conveying systems)	Edward Leister [phone]
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Spring 2011.	Update the requirements for unattended self-service stations and adopt requirements for storage and dispensing of compress natural gas as vehicular fuel.	Edward Leister [phone]
Boilers and Unfired Pressure Vessels, Title 34, Chapter 3a, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Spring 2011.	Update the codes adopted to the current editions.	Edward Leister [phone]
Business Enterprise Program, Title 34, Bureau of Blindness and Visual Services	Submit proposed rulemaking in Winter 2011.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	David DeNotaris [phone]
Unemployment Compensation, Title 34, Chapter 61, Bureau of Unemployment Compensation Tax Services and Office of Unemployment Compensation Benefits	Publish as Final in Winter 2011.	Update Unemployment Compensation administration regulation.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Chapter 63, Bureau of Unemployment Compensation Tax Services	Publish final form regulation in Winter 2011.	Update Unemployment Compensation tax and employer regulations.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Chapter 65, Office of Unemployment Compensation Benefits	Publish as final regulation in Winter 2011.	Update Unemployment Compensation benefits and claimant regulations.	Craig Pontz [phone]
Unemployment Compensation Title 34, Chapter 101 Board of Review	Submit proposed rulemaking in Summer 2011.	Update appeal and hearing procedures to reflect evolving procedures and statutory changes.	Edward Rawlings [phone]
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225 Prohibition of Excessive Overtime in Health Care Act	Submit proposed rulemaking in Winter 2011.	Regulations to implement this law.	James A. Holzman [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 83, Welfare of Apprentices	Submit proposed rulemaking in Fall 2011.	Amend provisions to reflect federal requirements.	Jason Anderson [phone]
Bureau of PENNSAFE Title 34, Chapters 301—323, Worker and Community Right to Know	Submit proposed rulemaking in Summer 2011.	Amend the PA Hazardous Substance List.	Thomas J. Ward, Jr. [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 31 Seasonal Farm Labor	Submit proposed rulemaking in Winter 2011.	Update regulations and clarify jurisdiction.	James A. Holzman [phone]
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes 43 Pa. Code § 7.1 et. seq.	October 2008 as proposed.	This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Dennis T. Guise [phone]
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 203	Proposed regulations, June 2011.	The Commission intends to update regulations promulgated pursuant to 53 Pa.C.S. § 2164(1), (8) and (14) (relating to Part III, Subpart C, of the Local Government Code).	Syndi L. Guido [phone]
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 63, 65, 67, 69, 71, 73, 75 and 77 ''Board of Probation and Parole''	To be worked on in FY 2010.	Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices.	Linda Laub Acting Chief Counsel [phone]
Addition of a section to 37 Pa. Code Part II. ''Board of Probation and Parole''	To be worked on in FY 2010.	Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e).	Colleen Fickel Director Central Services, PBPP [phone] Ext. 292
37 Pa. Code, Chapter 79 The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5(13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''	To be worked on in FY 2010.	Add new sections relating to ''Accidental Discharge,'' ''Break in Service'' and ''Weapons Change.''	Todd Burns Executive Director FETC [phone] Ext. 389
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	December 2012, as proposed.	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children.	Ruth O'Brien [phone]
Administration and Operation of a Children and Youth Social Services Agency 55 Pa. Code Chapter 3680	June 2013, as proposed.	This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (TANF Reauthorization) 55 Pa. Code Chapter 165	August 2011, as proposed.	The purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations.	Ruth O'Brien [phone]
Physician Assistant/Midwife 55 Pa. Code Chapter 1141	December 2011, as final-omitted.	This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	December 2012, as final-omitted.	This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Participation Review Process for Medical Assistance Nursing Facilities 55 Pa. Code Chapter 1187	September 2011, as final-form.	Act 16 of 2007 requires the Department to promulgate regulations that establish the process and criteria to be used to review and respond to requests for increases in Medical Assistance certified nursing facility beds.	Ruth O'Brien [phone]
Medical Assistance Copayment Changes 55 Pa. Code Chapter 1101	June 2011, as final-omitted.	This regulation will codify new MA copayment exclusions mandated by the Federal Deficit Reduction Act (DRA) of 2005, and reduce the copayment for brand name drugs identified as preferred on the Department's Preferred Drug List (PDL) as authorized under the DRA. This regulation will be reviewed by the Medical Assistance Advisory Committee (MAAC).	Ruth O'Brien [phone]
Transition to RUG-111 v.5.12 and Latest Assessment 55 Pa. Code Chapter 1187	October 2011, As final-form.	This regulation will use 5.12 44 Grouper as a result of CMS's final rule (CMS 1410-F) directing states to transition from MDS 2.0 to MDS 3.0 on October 1, 2010	Ruth O'Brien [phone]
Exceptional Nursing Facility Payment 55 Pa. Code Chapter 1187	August 2011, as proposed.	This regulation will eliminate the current Peer Group 13 (Special Rehabilitation Nursing Facilities) in the current nursing facility rate setting methodology and replace it, for certain qualified facilities with a blended rate payment system design. A portion of the blended rate will continue to be based upon the current case-mix payment methodology and a portion will be based upon an established price for certain exceptional nursing facility residents.	Ruth O'Brien [phone]
Third Party Liability Programs 55 Pa. Code Chapter 259	January 2012, as proposed.	Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to ensure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language.	Ruth O'Brien [phone]
Medical Assistance Estate Recovery Changes 55 Pa. Code Chapter 258	January 2012, as proposed.	This regulation will incorporate additions and changes to the estate recovery program regulation that was codified in February 2003. The changes reflect modification and additions identified since implementation. These include additional and clarified definitions; inclusion of language regarding the Long Term Care Partnership; modification of the Department's priority of claim based on a change to 20 Pa.C.S. § 3392 relating to classification and order of payment; and clarifications regarding undue hardship waivers, postponement of collection and computation of claim.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers 55 Pa. Code Chapter 5260	February 2012, as proposed.	This proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents.	Ruth O'Brien [phone]
Residential Treatment Facilities (RTF) 55 Pa. Code Chapters 31, 1157 and 1165	May 2012, as final-form.	This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department.	Ruth O'Brien [phone]
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5230	September 2011, as final-form.	The Office of Mental Health and Substance Abuse Services is in the process of amending the Commonwealth's Title XIX Medicaid State Plan to add Psychiatric Rehabilitation Services to the Rehabilitation option. This service is being added under the provision of 42 CFR 44.130(d) ''Rehabilitation Services.'' Psychiatric rehabilitation is a therapeutic rehabilitation service for individuals with mental illness designed to increase competence in normal life activities and allows individuals to pursue life goals with the greatest amount of independence. The proposed regulation will promulgate the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS).	Ruth O'Brien [phone]
Integrated Treatment for Outpatient Clinics (formerly referred to as ''Psychiatric Outpatient Clinics'') 55 Pa. Code Chapter 5200	July 2011, as proposed.	These regulations would be promulgated, simultaneously with identical regulations from the Department of Health, to permit providers of drug and alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901—922, 1001—1031 and 1051—1059).	Ruth O'Brien [phone]
Intermediate Care Facilities for the Mentally Retarded 55 Pa. Code Chapter 6650	September 2011, as proposed.	This regulation applies to private and public residential facilities receiving monies for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, restraints, incident management, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log.	Ruth O'Brien [phone]
REVENUE
Support Offset and Other Personal Income Tax Provisions	March 2011, as proposed.	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson [phone]
Amendments to Chapter 117. Return and Payment of Tax	Proposed regulation published at 40 Pa.B. 3122 (June 12, 2010); March, 2011 as final.	The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements.	Douglas Berguson [phone]
Pennsylvania Subchapter S Corporations— Election Language 61 Pa. Code Chapter 107a	June, 2011, as proposed.	The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal Income Tax.	Douglas Berguson [phone]
Corporate Net Income Tax 61 Pa. Code §§ 151.14, 153.54 and 153.66—Amended Report	Final regulaton published at 40 Pa.B. 3356 (June 19, 2010).	The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced.	Douglas Berguson [phone]
§ 119.30 Innocent Spouse Relief	Final regulation published at 40 Pa.B. 7093 (December 11, 2010).	The Department is promulgating a new rulemaking to clarify the Department's policy on Innocent Spouse Relief for Pennsylvania Personal Income Tax as enacted under Act 87 of 2002.	Douglas Berguson [phone]
Consolidation of Administrative Appeals under the Board of Appeals 61 Pa. Code Chapters 7 and 901	March, 2011, as proposed.	The Department is proposing regulations to consolidate the administrative appeals under the Board of Appeals and streamline the administrative appeals process.	Douglas Berguson [phone]
Amendments to PA Gaming Cash Flow Management Regulations, 61 Pa. Code Chapter 1001	January, 2011, as final.	The Department is promulgating a final-omitted rulemaking to amend the PA Gaming Cash Flow Regulations to include table game revenue as enacted under Act 1 of 2010.	Douglas Berguson [phone]
Amendments to Realty Transfer Tax Regulations 61 Pa. Code Chapter 91	June, 2011, as proposed.	Amendments to the Realty Transfer Tax regulations are being proposed to improve the clarity and effectiveness of the regulations.	Douglas Berguson [phone]
Amendments to Local Option Small Games of Chance 61 Pa. Code Chapter 901	June, 2011, as proposed.	The Department is proposing revisions to improve the clarity and effectiveness of the regulations relating to games of chance.	Douglas Berguson [phone]

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Professional and Occupational Affairs   —Schedule of Civil Penalties for violations of the Clean Indoor Air Act— 49 Pa. Code Chapter 43b. (16-46)     —Telephonic Testimony— 49 Pa. Code Chapter 43b. (number not yet assigned)             —Recording Devices— 49 Pa. Code §§ 43b.101—43b.102 (16A-45)	Spring 2011, as Final.                 Spring 2011, as Proposed.                     Spring 2011, as Proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.   This regulation would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissions or hearing examiners. Statutory Authority: Section 3 of the act of July 2, 1993 (P. L. 345, No. 48), authorizes the Commissioner of Professional and Occupational Affairs to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission, after consultation with the licensing boards and commissions.   The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.	Cynthia K. Montgomery [phone]
State Board of Accountancy   —Continuing Education— 49 Pa. Code §§ 11.61—11.69a (16A-5511)   —General Revisions— 49 Pa. Code Chapter 11 (number not yet assigned)   —Civil Penalty Schedule— Accountants— 49 Pa. Code § 43b.10a. (16-48)	Summer 2011, as Final.         Spring 2010, as Proposed.           Summer 2011, as Final.	The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.   This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.       This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Sara Fox [phone]
State Architects Licensure Board   —General Revisions— 49 Pa. Code Chapter 9 (number not yet assigned)   —Experience Requirement— 49 Pa. Code § 9.46 (16A-4120)	Fall 2011, as Proposed.           Spring 2011, as Proposed.	This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).     This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Penny Walker [phone]
State Board of Barber Examiners   —Fees— 49 Pa. Code § 3.103 (16A-428)	Spring 2011, as Proposed.	The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.	Kelly Diller [phone]
State Board of Chiropractic   —Chiropractic specialties— 49 Pa. Code Ch. 5 (16A-4312)         Review of Chiropractic Treatment— 49 Pa. Code Chapter 5 (16A-4315)   —Assistance of Unlicensed Supportive Personnel— 49 Pa. Code Chapter 5 (16A-4316)   —Licensure by Reciprocity— 49 Pa. Code § 5.13 (16A-4320)     —Volunteer license— 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2011, as Proposed.             Spring 2011, as Final.           Spring 2011, as Final.             Spring 2011, as Proposed.         Spring 2011, as Final (Proposed- omitted).	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   This rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).       This rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601.       This proposed rulemaking would provide a revised method of licensing out-of-state chiropractors by reciprocity. Statutory Authority: Sections 302(3) and 504 of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.504.   This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302; and section 5 of the Volunteer Health Services Act, 35 P. S. § 449.45.	Deborah Smith [phone]
Corporation Bureau   —UCC Revised Article 9— (16-35)	Spring 2011, as Proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Martha Brown [phone]
State Board of Cosmetology   —Fees— 49 Pa. Code § 7.2 (16A-4515)                 —Sanitation— 49 Pa. Code Chapter 7 (16A-4516)       —Schedule of Civil Penalties— 49 Pa. Code § 43b.5. (number not yet assigned)	Spring 2011, as Proposed.                   Spring 2011, as Proposed.           Spring 2011, as Proposed.	The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period.   This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520.   This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Kelly Diller [phone]
State Board of Dentistry   —EFDA Program Approval— 49 Pa. Code Chapter 33 (16A-4616)   —Anesthesia Update— 49 Pa. Code Subchapter E §§ 33.331—33.342 (16A-4621)	Spring 2011, as Final.         Spring 2011, as Proposed.	This regulation would establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).     This regulation would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.	Lisa Burns [phone]
—EFDA Scope of Practice— 49 Pa. Code § 33.205a (16A-4624)             —Volunteer License— 49 Pa. Code § 33.110 (Number not yet assigned)	Spring 2011, as Proposed.                   Spring 2011, as Final (proposed- omitted).	This proposed rulemaking implements the act of April 29, 2010 (P. L. 176, No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. 176, No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3 (d.1) and (o) of the Dental Law (act), 63 P. S. § 122 (d.1) and (o).   This regulation would amend the current volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
State Registration Board for Professional Engineers, Land Surveyors and Geologists   —General Revisions— 49 Pa. Code Chapter 37 (16A-479)                       —Qualifications for Licensure— 49 Pa. Code Chapter 37 (16A-4711)	Spring 2011, as Proposed.                             Spring 2011, as Proposed.	The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151.   The proposed rulemaking is needed to implement Act 25 of 2010, to provide for the certification of geologists-in-training, and to update the board's regulations concerning the licensure process for engineers and land surveyors. Statutory Authority: Section 4(l) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(l).	DeAndra Burger [phone]
State Board of Funeral Directors   —Supervision at Funeral Services— 49 Pa. Code § 13.215 (number not yet assigned)   —General Revisions— 49 Pa. Code Chapter 13 (Number not yet assigned)	Summer 2011, as Proposed.         Spring 2011, as Proposed.	The proposed rulemaking would update the Board's regulations to address current practice. Statutory Authority: Sections 11(a)(5) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(5) and 479.16(a).     The amendments would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications, and supervisor responsibilities. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).	Heidy Weirich [phone]
State Board of Landscape Architects   —Licensure Requirements and Continuing Education— 49 Pa. Code Chapter 15 (16A-6110)   —Schedule of Civil Penalties—Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2011, as Proposed.             Spring 2011, as Proposed.	This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9).         This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher [phone]
State Board of Medicine   —General Revisions— 49 Pa. Code Chapters 16—18 (16A-4925)                   —Internet Prescribing and Telemedicine— 49 Pa. Code Chapter 16 (16A-4927)   —Behavior Specialists— 49 Pa. Code Chapter 18 (16A-4929)         —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 18 (16A-4930)	Spring 2011, as Proposed.                         Spring 2011, as Proposed.           Spring 2011, as Final.               Spring 2011, as Proposed.	This proposed rulemaking would implement Acts 29, 46 and 48 of 2007, and would generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act.   This rulemaking would establish minimum standards of practice relating to internet prescribing and telemedicine. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.       The rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.   The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments.	Tammy Dougherty [phone]
State Board of Medicine   —Perfusionists— 49 Pa. Code Chapter 18, Subchapter J (16A-4931)       —Certified Midwives— 49 Pa. Code Chapter 18 (16A-4932)                   —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b § 43b.20 (number not yet assigned)	Spring 2011, as Final.             Summer 2011, as Proposed.                         Spring 2011, as Proposed.	The rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.   The proposed rulemaking would provide for the licensure of ''certified'' midwives as suggested by the Commonwealth Court's decision in Goslin v. State Board of Medicine, 949 A.2d 372. Statutory Authority: Sections 1 and 2 of the Midwife Registration Law of 1929, 63 P. S. §§ 171 and 172, and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, make it unlawful to practice as a midwife without a certificate from the Medical Board and authorize the Board to issue rules and regulations as may be necessary for the examination, licensing and proper conduct of the practice of midwifery by midwives.   This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Dougherty [phone]
State Board of Nursing   —LPN / IV Therapy— 49 Pa. Code § 21.145 (16A-5122)   —Updated Applications— 49 Pa. Code § 21.151 (16A-5134)	Spring 2011, as Final.       Spring 2011, as Proposed.	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.	Ann Steffanic [phone]
—Reactivation/ Re-licensure after Lapse— 49 Pa. Code Chapter 21 (16A-5135)           —Out of State Nursing Education Programs using Pennsylvania Clinical Sites— 49 Pa. Code Chapter 21 (16A-5137)	Summer 2011, as Proposed.                   Summer 2011, as Proposed.	This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.   This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.
State Board of Nursing   —Fees for Nursing Education Programs— 49 Pa. Code Chapter 21 (number not yet assigned               —Volunteer License— 49 Pa. Code Chapter 21 Subchapter F §§ 21.601—21.607. (number not yet assigned)	Spring 2011, as Proposed.                         Spring 2011, as Final (Proposed- omitted).	This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board.   This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic [phone]
State Board of Examiners of Nursing Home Administrators   —Sexual Misconduct— 49 Pa. Code §§ 39.1 and 39.9 (16A-6211)	Summer 2011, as Proposed.	This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g).	Chris Stuckey [phone]
—Continued Competence— 49 Pa. Code Chapter 39 (16A-6213)       —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b § 43b.17 (number not yet assigned)	Spring 2011, as Proposed.             Spring 2011, as Proposed.	This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4),(9) and (c).   This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Occupational Therapy Education and Licensure   —Continued Competency— 49 Pa. Code §§ 42.50—42.58 (16A-677)	Winter 2010-2011, as Proposed.	The proposed rulemaking would implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Chris Stuckey [phone]
State Board of Optometry   —Continuing Education— 49 Pa. Code §§ 23.81 and 23.82. (16A-5212)           —Schedule of Civil Penalties— Optometrists 49 Pa. Code Chapter 43b (number not yet assigned)   —Volunteer License— 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2011, as Final (Proposed- omitted).               Spring 2011, as Proposed.             Spring 2011, as Final (Proposed- omitted).	This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the 2 years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5).   This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.       This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Deborah Smith [phone]
State Board of Osteopathic Medicine   —Miscellaneous Provisions— 49 Pa. Code Chapter 25 (16A-5319)               —Perfusionists— 49 Pa. Code Chapter 25 (16A-5320)         —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 25 (16A-5321)     —Volunteer License— 49 Pa. Code, Chapter 25 Subchapter L §§ 25.601—25.607. (number not yet assigned)   —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (number not yet assigned)	Spring 2011, as Proposed.                     Spring 2011, as Final.             Spring 2011, as Proposed.                 Spring 2011, as Final (Proposed- omitted).         Spring 2010, as Proposed.	This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.   The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 161, No. 20) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.   The proposed rulemaking implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.   This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.     This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner [phone]
State Board of Pharmacy   —Compounding Practices— 49 Pa. Code Chapter 27 (16A-5419)	Spring 2011, as Proposed.	This rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs.	Melanie Zimmerman [phone]
—Cancer Drug Repository Program— 49 Pa. Code Chapter 27 (16A-5423)         —Pharmacy Internship— 49 Pa. Code Chapter 27 (16A-5424)         —Drug Therapy Management— 49 Pa. Code Chapter 27 (16A-5425)       —Emergency Preparedness— 49 Pa. Code Chapter 27 (16A-5426)	Spring 2011, as Proposed.               Spring 2011, as Proposed.               Spring 2011, as Proposed.             Summer 2011, as Proposed.	The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act.   This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.   This proposed rulemaking would implement Act 29 of 2010, which provides for collaborative drug therapy management between a pharmacist and a licensed physician. Statutory Authority: Section 5 of the act of June 1, 2010 (P. L. 201, No. 29) requires the Board to promulgate regulations to implement Act 29 within 18 months of its effective date.   The proposed rulemaking would establish procedures and standards for the operation of remote emergency pharmacies in the event of an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).
State Board of Pharmacy   —General Revisions to Standards of Practice— 49 Pa. Code § 27.18 (16A-5427)   —Correctional Facility Drug Redistribution— 49 Pa. Code Chapter 27 (number not yet assigned)   —Electronic Prescribing of Controlled Substances— 49 Pa. Code Chapter 27 (number not yet assigned)   —Schedule of Civil Penalties— 49 Pa. Code § 43b.7 (number not yet assigned)	Summer 2011, as Proposed.         Summer 2011, as Proposed.             Fall 2011, as Proposed.               Spring 2011, as Proposed.	This proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).     This proposed rulemaking is required to conform the Board's regulations to the act of July 9, 2010 (P. L. 457, No. 59), which permits a vendor pharmacy to redistribute drugs returned by a correctional facility to other correctional facilities. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).   This proposed rulemaking is intended to establish standards for pharmacies and pharmacists to receive, dispense and archive electronic prescriptions for controlled substances to comport with recent regulations promulgated by the Federal Drug Enforcement Agency. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).   This regulation would amend the schedule of civil penalties for the State Board of Pharmacy to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Melanie Zimmerman [phone]
State Board of Physical Therapy   —Act 38 Revisions— 49 Pa. Code Chapter 40 (16A-6514)             —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2011, as Proposed.                 Spring 2011, as Proposed.	The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008.   This regulation would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Roberts [phone]
State Board of Podiatry   —Certificate of Authority to Perform Acupuncture— 49 Pa. Code Chapter 29 (16A-449)   —Schedule of Civil Penalties— Podiatrists 49 Pa. Code Chapter 43b (Number not yet assigned)   —Volunteer License— 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2011, as Proposed.           Spring 2011, as Proposed.             Spring 2011, as Final (Proposed- omitted).	This regulation would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.     This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.       This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Gina Bittner [phone]
State Board of Psychology   —Continuing Education— 49 Pa. Code § 41.59 (16A-6317)     —Code of Conduct— 49 Pa. Code § 41.61 (16A-6318)	Fall 2011, as Proposed.         Spring 2011, as Proposed.	This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.   This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).	Chris Stuckey [phone]
—Education— 49 Pa. Code § 41.31 (16A-6320)     —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Summer 2011, as Proposed.       Spring 2011, as Proposed.	This regulation would clarify the education and examination requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This regulation would establish a schedule of civil penalties for the State Board of Psychology to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Certified Real Estate Appraisers   Continuing Education Enforcement— 49 Pa. Code §§ 36.41 and 36.241 (16A-7016)   Schedule of Civil Penalties —Real Estate Appraisers— 49 Pa. Code § 43b.15a (16-49)	Spring 2011, as Proposed.         Spring 2011, as Proposed.	The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).   The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties, with the approval of the Board.	Heidy Weirich [phone]
State Real Estate Commission   —Education— 49 Pa. Code § 35.384 and 35.385 (16A-5613)       —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620)     —Schedule of Civil Penalties— 49 Pa. Code § 43b.8 (number not yet assigned)	Summer 2011, as Final.           Spring 2011, as Proposed.         Spring 2011, as Proposed.	This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.   The proposed regulation would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.   This regulation would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Patricia Ridley [phone]
State Board of Social Workers, Marriage and Family Thera- pists and Professional Counselors   —Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement— 49 Pa. Code Chapters 47—49 (16A-6916)     —General Revisions— 49 Pa. Code Chapters 47—49 (number not yet assigned)     —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2011, as Final.                   Summer 2011, as Proposed.             Spring 2011, as Proposed.	This proposed rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008.   This proposed rulemaking will eliminate outdated regulations, and update existing regulations to comport with current standards of the profession and current practices of the Board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).   This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter [phone]
State Board of Examiners in Speech- Language and Hearing   —General Revisions— 49 Pa. Code Chapter 45 (number not yet assigned)	Summer 2011, as Proposed.	This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).	Sandra Matter [phone]
State Board of Vehicle Manufac- turers, Dealers and Salespersons   —Salesperson License— 49 Pa. Code Chapter 19 (16A-609)   —Fee for Out-of-state RV Dealer Participating in a Show— 49 Pa. Code § 19.4 (16A-6011)	Spring 2011, as Proposed.         Spring 2011, as Proposed.	This regulation would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-state RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).	Janice Cline [phone]
State Board of Veterinary Medicine   —Dental Procedures— 49 Pa. Code Chapter 31 (16A-5718)   —Facilities— 49 Pa. Code Chapter 31 (16A-5720)     —Licensure, Continuing Education— 49 Pa. Code Chapter 31 (16A-5724)	Spring 2011, as Final.         Spring 2011, as Proposed.         Spring 2011, as Final.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.     This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27.   The proposed regulation would update the Board's regulations with regard to original licensure, temporary permits, license renewal and continuing education. Statutory Authority: Sections 5(2), 8, 11 and 18 of the Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.5(2), 485.8, 485.11 and 485.18).	Michelle Roberts [phone]

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This would delete State Employees' Credit Union payment language.)	This is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11.	This is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.51. Time for Recomputation of Annuity. (This would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j)).	2011	This would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including possibly permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 243.8. Membership rules for educational employees.	2012	This would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (This would be amended to specify the effects of a service purchase or reinstatement.)	2012	This would clarify the effects of the reinstatement or purchase of previous State service. An administrative decision has offered partial guidance in this area. This would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2011, as proposed.	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director [phone]
Administration of Megan's Law—Neighbor Notification 37 Pa. Code Chapter 55	June 2011, as proposed.	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairpersons and minority chairpersons of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school or employer. See 42 Pa.C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of subsequent and anticipated amendments to Megan's Law.	Syndi L. Guido Policy Director [phone]
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43—Temporary Registration Cards and Plates 67 Pa. Code Chapter 43	June 2011.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver [phone]
175—Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	June 2011.	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings. The regulation revisions also propose to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth.	Kristen Singer [phone]
21—Odometer Read Disclosure Statements 67 Pa. Code Chapter 21	June 2011.	Changes are needed to bring the regulation current with the Vehicle Code to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver [phone]
23—Delivery of Certificates of Title 67 Pa. Code Chapter 23	June 2011.	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver [phone]
17—Authorization to Verify ID Numbers 67 Pa. Code Chapter 17	June 2011.	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver [phone]
71—School Bus Drivers 67 Pa. Code Chapter 71	April 2011.	The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed as having stage 3 dementia.	Scott Shenk [phone]
83—Physical and Mental Criteria— Including Vision Standards Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	April 2011.	The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed with cognitive impairments.	Scott Shenk [phone]
84—Dual Control Learner's Permit 67 Pa. Code Chapter 84	February 2011.	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Scott Shenk [phone]
105—Mechanical Electrical and Electronic Speed Timing Devices 67 Pa. Code Chapter 105	June 2011.	The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures.	Kristen Singer [phone]
255—Messenger Services 67 Pa. Code Chapter 255	June 2011.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver [phone]
Chapter 427—Public Transportation (Act 44 of 2008)	January 2011.	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2009. Permanent regulations must be published by July 18, 2011. No additional sections will be added to the temporary regulations but some sections in the temporary regulations will be revised/updated.	LaVerne Collins [phone]
Chapter 175.96 Vehicle Equipment and Inspection Regulations	March 2011.	The motor vehicle code does not allow for the utilization of laser guided systems which is an innovative technology that could be used to increase quality, efficiency and safety associated with snow plow and line painting operations. We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96(h) as it pertains to Department operations.	James Smith [phone]
67 Pa. Code Chapter 189	January 2011.	With the influx of Marcellus hauling a large number of State Routes have been posted with weight limit restrictions. (80-90% of SRs in some counties). Since a permit is required to haul on these posted roads, delivery/hauling has become more cumbersome for smaller operations, especially the logging industry. Currently all permits require: 1) an initial and final inspection; 2) Signed excess maintenance agreements; 3) Security/Bonding. These steps involve some level of time and money—much of which wasn't needed a few years ago before so many roads were posted. Regulation changes would allow for a less cumbersome permit process for smaller operations which pose little risk to the roadways. Eliminate time lag and costs associated with the current permit process. This is being advanced as an emergency regulation.	Steve Koser [phone]
67 Pa. Code Chapter 101	April 2011.	To be consistent with Federal final rule on worker visibility apparel. Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic.	Matt Briggs [phone]
67 Pa. Code Chapter 455	June 2011.	A review of PennDOT's Errors and Omissions procedures was conducted by the FHWA and PennDOT personnel. This review resulted in modifications to PennDOT's procedures in Publication 93. This Title 67 change is needed to be consistent with the revised Design Error and Omission process contained in the revised Publication 93.	Gary Kleist [phone]

[Pa.B. Doc. No. 11-198. Filed for public inspection January 28, 2011, 9:00 a.m.]