186 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[37 Pa.B. 609]
[Saturday, February 3, 2007]

   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 twenty-second 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 (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
PA Code Title VI Chapter 3 Fair Hearings and Appeals	December 2008, as proposed	This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. It is being reviewed internally to improve Departmental procedures and efficiencies.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 11 Older Adult Daily Living Centers	September 2008, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of long term care services.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 15 Protective Services for Older Adults	June 2008, as proposed.	The law and regulations are under review in light of the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 20 Family Caregiver Support Program	December 2008, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussion regarding development of the family caregiver support program.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 2009, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of community living alternatives.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 23 Long Term Care Ombudsman Program	December 2007, 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.	Robert Hussar 717-783-6207
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2	June, 2007, as proposed.	This 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).	Paul Knepley, DVM [phone]
Cervidae 7 Pa. Code Chapter 18	June, 2007, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations.	Paul Knepley, DVM [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 21	June, 2007, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement.	Paul Knepley, DVM [phone]
Amusement Rides 7 Pa. Code Chapter 139	March, 2007, as proposed.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	Bill Wehry [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	June, 2007, 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.	Anton J. Leppler [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	May, 2007, 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.	Benjamin H. Nolt, Jr. [phone]
Horse Racing Commission 58 Pa. Code § 163.531 Definitions	Published as final in the October 7, 2006 edition of the Pennsylvania Bulletin.	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 short-term project and would amend 58 Pa. Code § 163.531 by amendment to the Definitions Section of the Pennsylvania Breeders' Fund Program found at 58 Pa. Code §§ 163.531--163.538.	Benjamin H. Nolt, Jr. [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	September, 2007, as proposed.	This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes.	David Scott [phone]
Chemsweep Regulations 7 Pa. Code Chapter 128b	Published as final in the July 1, 2006 edition of the Pennsylvania Bulletin.	This regulation will amend 7 Pa. Code Chapter 128b to expand the pesticide disposal program which has been limited to agricultural pesticide products. The amendment will include all Commonwealth citizens who are in possession of cancelled, unused or suspended pesticides.	Don Gilbert [phone]
Fertilizer Regulations 7 Pa. Code Chapter 73	September, 2008, 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, 2008, 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]
Dog Law 7 Pa. Code Chapters 23, 25 and 27	Published as proposed in the December 16, 2006 edition of the Pennsylvania Bulletin.	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation.	Mary Y. Bender [phone]
Clean and Green Regulations 7 Pa. Code Chapter 137b	March, 2007, as proposed.	This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation.	Sandra E. Robison [phone]
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	July, 2007, 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 regulation.	Sandra E. Robison [phone]
Seed Testing Labeling and Standards 7 Pa. Code Chapter 111	September, 2007, as proposed.	This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S.A §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
General Provisions and Standards for Seed Certification 7 Pa. Code Chapter 113	September, 2007, as proposed.	This regulation will replace 7 Pa. Code Chapter 113 and 115 by combining them into one chapter--Chapter 113 and implement provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
Commercial Manure Hauler and Broker Certification Program 7 Pa. Code Chapter 130e.	To be published in January, 2007, as final.	This will establish regulations for the Commercial Manure Hauler and Broker Certification Program. This regulation will establish certification requirements for those persons commercially hauling or applying manure on behalf of an agricultural operation.	Johan E. Berger [phone]
BANKING
Annual Assessment Regulation	Late 2007	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz [phone]
Regulations defining proper conduct of the mortgage loan business	Late 2007	63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212.	Carter D. Frantz [phone]
Regulations governing check cashing business	Late 2007	63 P. S. § 2304(1)	Carter D. Frantz [phone]
Regulations governing money transmission business	Early 2008	7 P. S. § 6114	Carter D. Frantz [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145 (Final Regulation)	Spring of 2007	The purpose of the final regulation is to eliminate the exception for the insulation requirement for industrialized homes and adopt the model code requirements for energy efficiency; designate the International Residential Code as the primary standard; provide clarity for the third-party agencies regarding the frequency of inspections; and to reduce the number of required inspections by the Department.	Matthew Speicher [phone]
Pennsylvania Industrial Development Authority 12 Pa. Code Chapter 73 (Statement of Policy)	Spring of 2007	The purpose of the statement of policy is to make comprehensive changes to PIDA's policy with respect to project eligibility, advanced technology designation, financial considerations, engineering guidelines, and project format.	Tim Anstine [phone]
Neighborhood Assistance Program 12 Pa. Code Chapter 135 (Statement of Policy)	Spring of 2007	The purpose of the statement of policy is to update the special program priorities.	Jill Busch [phone]
COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time.
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking September 2007.	This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking.	Chris Firestone, Mike Lester and Dan Devlin 717-783-3227 Susan Wood, Esq. 717-772-4171
State Forests (Chapter 21)	Publish proposed rulemaking September 2007.	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, 1340.502)	Matt Beaver, 717-783-4543 Susan Wood, Esq. 717-772-4171
State Forest Picnic Areas (Chapter 23)	Publish proposed Rulemaking September 2007	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, 1340.502)	Matt Beaver, 717-783-4543 Susan Wood, Esq. 717-772-4171
CORRECTIONS
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	February, 2007 as final.	The regulations are being revised to eliminate unnecessary regulations and amending necessary regulations to be consistent with current correctional practice.	William Sprenkle [phone]
Promulgation of state intermediate punishment regulations.	January, 2006, as proposed	The regulations will replace the guidelines currently in effect.	Randall N. Sears [phone]
Amendments to 37 Pa. Code § 94.3(a)(2)	June 2006, as proposed	The amendment will permit the Secretary to waive the Department's requirement that an inmate serve a minimum of nine months in a facility prior to placement in a community corrections center.	Randall N. Sears [phone]
EDUCATION
Higher Education-- Institutional Approval 22 Pa. Code, Chapter 40	March 2007, as proposed.	These regulations establish procedures for the approval and operation of independent two-year college, college seminary or university, or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees.	Jim Buckheit [phone]
Higher Education--Foreign Corporation Standards 22 Pa. Code, Chapter 36	March 2007, as final.	These regulations are necessary to establish procedures for the approval and operation of out-of-state institutions of higher education currently operating or seeking to operate programs in the Commonwealth.	Jim Buckheit [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	March 2007, as final.	Regulations outline requirements for teacher preparation, certification and professional educators. These revisions restructure the requirements for early childhood, elementary/middle school and special education teachers. They also impose new policy on continuing professional education.	Jim Buckheit [phone]       or Sharon Brumbaugh [phone]
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & C	Spring 2007, 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, P. L. 30, No. 14, March 16, 1949, P. S. Section 1-101, et seq. The revised standards will reflect the changes in Chapter 14 and IDEA.	John Tommasini [phone]
Chapter 16 Special Education for Gifted Students 22 Pa. Code, Chapter 16	May 2007, as proposed	These regulations outline how special education programs and services are to be provided to students identified as gifted.	Jim Buckheit [phone]       or Linda Rhen [phone]
Charter School Standards, Chapter 711	July 2007, as proposed	These Department Standards govern Charter Schools, revision is required in order to comply with IDEA 2004.	Linda Rhen [phone]       or Sheri Rowe [phone]
Special Education Services and Programs 22 Pa. Code, Chapter 14	July 2007, as proposed.	These regulations outline how special education services and programs are to be provided to children with disabilities. Specific revisions are necessary to incorporate the recent changes to IDEA 2004.	Jim Buckheit [phone]       or Linda Rhen [phone]
Academic Standards and Assessment, 22 Pa. Code, Chapter 4	July 2007, as final.	These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma.	Jim Buckheit [phone]       or Diane Castelbuono [phone]
Higher Education--Program Approval 22 Pa. Code, Chapter 42	July 2007, as proposed.	These regulations establish procedures for approval of specialized associate degree programs, upper division programs at two-year and community colleges, graduate programs and vocational education programs.	Jim Buckheit [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	Fall 2007, as final.	A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18, regarding Vocational Education, and section 2502.8, regarding Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pa. Code, section 4.32(a).	Lee Burket [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code, Chapters 51, 53, 55, 57, 61 & 63	The Board has informally discussed revision of the regulations, received public input and is reviewing that input with the Department to determine appropriate next steps.	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.)	Mary Ramirez [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure	The Board published final rulemaking of previously proposed rule changes in the Pennsylvania Bulletin on February 11, 2006. No new rulemaking is expected for the remainder of 2006 or early 2007.	The Environmental Hearing Board Rules Committee has recommended revising the Board's rules of practice and procedure to add new rules addressing the following issues: 1) default judgment; 2) withdrawal of appeals without prejudice; 3) prepayment of penalties. The Rules Committee is also considering the clarification of existing rules.	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 77	FY06-07	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.	Bill Allen 717-783-9580
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code, Chapter 78	FY06-07	Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to bond amount and plugging procedures to attain a more effective seal; quantity and quality for replacement water supplies as well as adequate operation and maintenance; and alternate requirements for casing, cementing and plugging wells through mineable coal seams to facilitate future mining through the wells or recovery of coal bed methane prior to mining.	Ron Gilius 717-772-2199
Coal Mine Reclamation Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 86	FY06-07	Revisions to Chapter 86 (Surface and Underground Mining: General) to eliminate an existing reclamation fee and to provide for the reclamation of sites where the operator reclamation bond has been forfeited	Keith Brady 717-787-4814
Program Conditions and Remining Financial Guarantees Surface Mining Conservation & Reclamation Act 25 Pa. Code, Chapters 86, 87, 88	FY06-07	Revisions to Chapter 86, 87 & 88 program conditions, responding to OSM disapprovals and remining financial guarantees proposal that includes revisions to self-bonding, seismic safety factors, and impoundments	Bill Allen 717-783-9580
Title 25, Chapter 401. Mine Subsidence Insurance Fund General Provisions/ The act of August 23, 1961 (P. L. 1068, No. 484) as amended (52 P. S. §§ 3201--3225) (act). See note in Summary	FY06-07	Revisions to Chapter 401 to expand Mine Subsidence Insurance (MSI) coverage to apply to appurtenances to structures as well as to structures, the removal provisions that change periodically, such as premium rates and policy limits, so that they can be provided in the insurance policy, and other editorial changes. Note: Section 19 of the act provides that the MSI Board has the authority to promulgate rules and regulations and to establish other provisions of the insurance policy as it deems prudent.	Larry Ruane 717-783-9590
Water Supply Replacement Surface Mining Conservation & Reclamation Act 25 Pa. Code, Chapters 87, 88	FY06-07	Revisions to Chapters 87 & 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.	Keith Brady 717-787- 4814
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code, Chapter 85	FY06-07	This proposal will update Chapter 85 based on the bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County.	Andrew Zemba 717-772-5633
Mine Opening Blasting Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapter 89	FY06-07	Revisions to Chapter 89 (Underground Mining of Coal and Coal Preparation Facilities) to better coordinate regulation of blasting of underground mine entries between surface blasting requirements and underground blasting requirements.	Bill Allen 717-783-9580
NPDES Permitting Program Amendments Clean Streams Law 25 Pa. Code, Chapter 91 & 92	FY06-07	Revisions to Chapter 91 (General Provisions) and 92 (National Pollution Discharges Elimination System Permitting, Monitoring and Compliance--NPDES) that govern the NPDES permitting program for point source discharges of water pollution.	Tom Franklin 717-787-8184
Watershed Permits Clean Streams Law 25 Pa. Code, Chapter 92	FY06-07	Revision to Chapter 92 (National Pollution Discharges Elimination System Permitting, Monitoring and Compliance--NPDES) to allow for a watershed permit in watersheds covered by a TMDL or similar allocation.	Lee McDonnell 717-787-8184
Big Brook et al Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY06-07	This proposal identifies eight streams (Big Brook (Wayne County), Beaver Creek (Chester County), Clarion River (Clarion County), Furnace Run (Lancaster & Lebanon Counties), Mill Creek (Berks County), Stone Creek (Bedford County), and Brooke Evans Creek (Montgomery County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister 717-787-9637
Clark Creek et al Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY06-07	This proposal identifies nine streams (UNT Lackawanna River (Clark Creek)(Wayne County), Upper Lehigh River (Lackawanna, Monroe, Wayne & Luzern Counties), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), L. Lehigh (Lehigh & Berks Counties), Hammer Creek, (Lebanon & Lancaster Counties), Spring Mill Creek (Montgomery County), Cacoosing (Berks County), and Fishing Creek (Lancaster County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister 717-787-9637
Water Quality Network Stream Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY06-07	This proposal identifies nine stream segments (Blue Eye Run (Warren County); Conewago Creek (Adams County), E. Br. Dyberry Creek (Wayne County), East Hickory Creek (Warren County), Minister Creek (Forest County), Muncy Creek (Sullivan County), Spruce Run (Union County), UNT Tunkhannock Creek (Susquehanna County), and Young Womans Creek (Lycoming County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister 717-787-9637
Erosion and Sediment Control and Stormwater Management Clean Streams Law 25 Pa. Code, Chapter 102	FY06-07	Several major modifications/revisions include: addition of provisions from Chapter 92 that relate to NPDES permitting requirements for discharges associated with Construction activity; incorporate post construction storm water management; incorporate buffer provisions; and revise permit requirements.	Barbara Beshore 772-5961
Dam Safety and Waterways Management Dam Safety and Enroachments Act and Clean Streams Law 25 Pa. Code, Chapter 105	FY06-07	Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria.	Troy Conrad 772-5970
Public Notification Revisions Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY06-07	Amendments to several sections in Chapter 109 to strengthen the public notification (PN) requirements for imminent threat violations and situations. Will include enhancements to the preplanning requirements in the Operation and Maintenance Plan and Emergency Response Plan sections, and revisions to the Tier 1 PN delivery requirements.	Lisa Daniels, Deb Rotz 717-772-4018
Stage 2 Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY06-07	This rule will implement the requirements of the Federal Stage 2 DDBR that was effective March 6, 2006. The rule will require community water systems and noncommunity water systems, which treat drinking water with a primary disinfectant other than UV to conduct additional compliance monitoring for trihalomethanes and haloacetic acids.	Tom Franklin 717-783-1820
Chapter 109 General Update Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY06-07	This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and reporting requirements for lead, copper, arsenic, radionuclides inorganic chemicals, volatile synthetic organic chemicals and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; reporting requirements for failure to monitor; and compliance determinations for the chemical contaminates. The update also will include mandatory electronic data reporting requirements.	Lisa Daniels 717-772-2189
Water Resources Planning Water Resources Planning Act 25 Pa. Code, Chapter 110	FY06-07	Addition of new Chapter 110 (Water Resources) establishing requirements for the registration, record keeping and periodic reporting of water withdrawals and water uses in accordance with the Water Resources Act (Act 220 of 2002) to provide information for water resources planning and development of the State Water Plan.	Susan Weaver 717-783-8055
Glass Furnaces Air Pollution Control Act 25 Pa. Code, Chapters 121 and 129	FY06-07	The proposal would add nitrogen oxide emission reduction requirements for glass furnaces.	Terry Black 717-787-2030
Clean Air Interstate Rule Air Pollution Control Act 25 Pa. Code, Chapters 121, 129 and 145	FY06-07	Revise Air Quality Regulations to comply with the Federal Clean Air Interstate Rule by reducing emissions of sulfur oxides and nitrogen oxides from electric generating units.	Wick Havens 717-772-3436
Nonattainment New Source Review Air Pollution Control Act 25 Pa. Code, Chapter 127	FY06-07	The Department's existing nonattainment new source review (NSR) regulations will be amended to clarify existing requirements and to develop an approvable ''equivalency'' demonstration as a revision to the State Implementation Plan	Terry Black, John Slade 717-787-2030
Air Quality Permit Streamlining Air Pollution Control Act 25 Pa. Code, Chapter 127	FY06-07	The proposed regulation will revise certain public notice provisions and public comment provisions to extend from 120 to 180 days the duration for temporary ''shake-down'' operation of new equipment subject to the Plan Approval requirements.	Terry Black, John Slade 717-787-2030
Cement Kilns Air Pollution Control Act 25 Pa. Code, Chapters and 129	FY06-07	The proposal would add nitrogen oxide emission reduction requirements for cement kilns.	Terry Black 717-787-2030
Portable Fuel Containers Air Pollution Control Act 25 Pa. Code, Chapter 130	FY06-07	The proposal would revise the portable fuel container regulation to reflect new technology. The new technology makes the containers user-friendlier and provides a slight increase in volatile organic compound and hazardous air pollutant emission reductions.	Terry Black 717-787-2030
Consumer Products Air Pollution Control Act 25 Pa. Code, Chapter 130	FY06-07	The proposal would revise the consumer product regulation to add additional categories of regulated products. The revisions will reduce volatile organic compound and hazardous air pollutant emissions.	Terry Black 717-787-2030
Adhesives and Sealants Air Pollution Control Act 25 Pa. Code, Chapter 130 and Chapter 129	FY06-07	The proposal would add volatile organic compound (VOC) content limits for adhesive and sealant products.	Terry Black 717-787-2030
Surface Mine Safety Surface Mine Conservation and Reclamation Act, Noncoal Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapter 209	FY06-07	Revision to Chapter 209 (Coal Mines) to adopt by reference the Federal MSHA regulations for surface coalmines and surface noncoal mines.	Bill Allen 717-783-9580
Radiation Protection Program Radiation Protection Act, Radon Certification Act 25 Pa. Code, Chapter 215-240	FY06-07	Rewording of existing requirements and definitions for clarity; updating of U.S. Nuclear Regulatory Commission incorporation by reference citations; reinstating industrial radiography incident reporting requirement inadvertently deleted by previous rulemaking; updating radon protocols and deleting notary requirements from radon services permit applications	L. Ray Urciuolo 717-783-9730
Storage Tank Amendments Storage Tank and Spill Prevention Act 25 Pa. Code, Chapter 245	FY06-07	This final regulation represents comprehensive amendments to the Storage Tank and Spill Prevention provisions of Chapter 245, which was last updated in 1997.	Ray Powers 717-772-5809
Waste Facility Notification near Military Airports Solid Waste Management Act 25 Pa. Code, §§ 271.1, 279.112, 287.1 & 293.112	FY06-07	This proposed regulation is in response to a petition filed by the U.S. Department of Defense. It would amend the Municipal and Residual Waste Regulations to include military airport in the definition of ''airport'' and require a transfer facility applicant to notify the PENNDOT's Bureau of Aviation and the Federal Aviation Administration and the airport if a proposed transfer facility or expansion is within 6 miles of an airport runway.	Steve Socash 717-787-7381
Hazardous Waste Program Solid Waste Management Act 25 Pa. Code, Chapters 260-270	FY06-07	This proposed regulation revises various chapters in Article VII (Hazardous Waste Management) of Subpart D that govern the generation, treatment, storage, transportation and disposal of hazardous waste.	Rick Shipman 717-783-1736
Triennial Review of Water Quality Standards Clean Streams Law 25 Pa. Code, Chapter 93 Water Quality Standards and Chapter 16 Water Quality Toxics Management Strategy--Statement of Policy	FY06-07	This review identifies amendments to the Water Quality Standards and the Water Quality Toxics Management Strategy--Statement of Policy. Water Quality Criteria and Standards in Chapters 93 and 16 are revised to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the federal Clean Water Act.	Tom Barron 717-787-9637

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Administration of the Land Recycling Program (Act 2) Land Recycling and Environmental Remediation Standards Act 25 Pa. Code, Chapter 250	FY06-07	Revisions to Chapter 250 (Administration of the Land Recycling Program) that govern the remediation of sites contaminated by the release of regulated substances. This proposal includes numeric Statewide health standards that have been revised because of updates to toxicological information and physical and chemical parameters. Other modifications include increased public notice requirements, additional requirements for postremediation care at properties where institutional and engineering controls are used, additional deed notice provisions, assuring portability of water supplies by applying federal Maximum Contaminant Levels to drinking water at points of use and providing for notice when contamination is discovered during remedial activities.	Dave Hess 717-783-9480
GENERAL SERVICES
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 & 47	Spring 2007, as final omitted.	These regulations should be updated to reflect current agency practice and procedure.	Mary Benefield Seiverling [phone]
Responsibility, 4 Pa. Code Chapter 60	Spring 2007, as proposed	This chapter should be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Mary Benefield Seiverling [phone]
Committee on Construction Contract Documents, 4 Pa. Code Chapter 62	Summer 2007, as final omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Mary Benefield Seiverling [phone]
Selections Committee, 4 Pa. Code Chapter 64	Fall 2007, as final omitted	These regulations will be reviewed to ensure that they accurately reflect present practice and are consistent with the Procurement Code.	Mary Benefield Seiverling [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67	Fall 2007, as final omitted	The regulations should be amended to more accurately reflect present practice and to delete antiquated contract provisions.	Mary Benefield Seiverling [phone]
Contract Compliance 4 Pa. Code Chapter 68	Summer 2007, as proposed	References to the Human Relations Commission need to be replaced by procedures under the current DGS programs.	Mary Benefield Seiverling [phone]
Methods of Awarding Contracts, 4 Pa. Code Chapter 69	Spring 2007, as final omitted	These regulations should be repealed since they have been superseded by enactment of the Commonwealth Procurement Code.	Mary Benefield Seiverling [phone]
Commonwealth Parking Facilities, 4 Pa Code Chapter 71	Spring 2007, as final omitted	The regulations need to be updated to reflect changes to agency procedure and practice.	Mary Benefield Seiverling [phone]
Commonwealth Automotive Fleet 4 Pa. Code Chapter 73	Fall 2007, as final omitted	These regulations need to be reviewed and updated to reflect current practice.	Mary Benefield Seiverling [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications, 4 Pa. Code Chapter 81	Fall 2007, as final omitted	These regulations should be revised since the DGS Bureau of Management Services no longer has responsibility for processing subscriptions and orders for the Pennsylvania Code.	Mary Benefield Seiverling [phone]
Bookstore Operations, 4 Pa. Code Chapter 83	Fall 2007, as final omitted	These regulations should be revised since the bookstore operations were transferred to the Pa Historical and Museum Commission by statute.	Mary Benefield Seiverling [phone]
Exercise of First Amendment Rights on Commonwealth Property 4 Pa. Code Chapter 85	Summer 2007, as final omitted	The regulation will be rewritten to reflect the current organizational structure and to conform to changes which will be made to the Statement of Policy in Chapter 86	Mary Benefield Seiverling [phone]
Use of the Forum 4 Pa. Code Chapter 87	Summer 2007, as final omitted	The regulations should be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure.	Mary Benefield Seiverling [phone]
Death Benefits for Survivors of Fireman and Law Enforcement Officers, 4 Pa. Code Chapter 89	Winter 2007, as final omitted	Amendments are needed to this regulation to make it consistent with legislative amendments.	Mary Benefield Seiverling [phone]
HEALTH
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.	June, 2007, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101-- 448.904b.	Barbara Holland 717-346-9692 James T. Steele, Jr. 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	July 2007, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Yvette M. Kostelac 717-783-2500
Supplemental Nutrition Program for Women, Infant's and Children (WIC) 28 Pa. Code § 1101.1 et seq.	March 2007, as proposed.	The amendments to existing regulations will bring the Commonwealth into compliance with the requirements of the Federal Child Nutrition and WIC Reauthorization Act of 2004. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and The Administrative Code of 1929 (71 P. S. § 532(a) and (g)).	Robert Datorre 717-783-2500
School Immunization Requirements 28 Pa. Code §§ 23.83 and 23.86	March 2007, as proposed	The amendments to existing regulations will revise immunization requirements for school entry and attendance, add a grace period for the provision of vaccinations in order for them to be considered valid, and change school reporting requirements to require reporting of doses of vaccine given. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; The Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949 (24 P. S. § 13-1303a).	Yvette M. Kostelac 717-783-2500
Sexual Assault Victims Emergency Services Regulations 28 Pa. Code §§ 117.51--58.	March 2007, as final.	The amendments to existing regulations will establish minimum parameters for the treatment of sexual assault victims presenting at Pennsylvania hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and The Administrative Code of 1929 (71 P. S. 532(a) and (g)).	Robert Datorre 717-783-2500
Drug and Alcohol confidentiality, disclosure of client-oriented information. 4 Pa. Code § 255.5 (a) (in part) and (b).	January, 2007, as proposed	The amendment of existing regulations will rescind parts of 4 Pa. Code § 255.5(a) and all of 4 Pa. Code § 255.5(b), relating to disclosure of information and restrictions on the type of information which can be disclosed to various individuals and entities. Pursuant to 71 P. S. § 751-25 and 71 P. S. § 1690-101 et seq.	Keith B. Fickel 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
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.	Spring 2007	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 preceding the 20 year term. (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
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Spring/Summer 2007, as proposed.	Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28	Spring/Summer 2007, as proposed	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Life Insurance Illustrations (New Chapter 87a)	Spring 2007, 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 717-787-4429
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Spring 2007, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Spring 2007, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10	Spring/Summer 2007, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Requirements for Qualified Reinsurers 31 Pa. Code, Chapter 161 §§ 161.1--161.9	Spring/Summer 2007, as proposed.	Amend to update requirements for assets held in trust.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
LABOR AND INDUSTRY
Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety.	Submit final-omitted regulation in Winter 2007.	Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority.	Edward Leister 717-787-3323
Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Winter 2007.	Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards.	Edward Leister 717-787-3323
Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services	Submit proposed rulemaking in August 2007.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	Lucy Shumaker 717-783-3784
Office of Vocational and Rehabilitation, Title 34.	Submitted Final Rulemaking in Winter 2007.	Regulations will govern the registration process and implement the Sign Language Interpreter and Transliterator Registration Act which was enacted in 2004. (Act 57 of 2004).	Catherine N. Wojciechowski 717-787-4186
Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213.	Submit proposed rulemaking in Spring 2007.	PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures.	Richard C. Lengler 717-783-9288
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services	Submit proposed rulemaking in Winter 2007.	Update Unemployment Compensation tax and select benefit regulations.	Scott Miedrich 717-787-2097
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits	Submit proposed rulemaking in Winter 2007.	Update requirements and procedures for filing benefit claims and applications.	Jeri Morris 717-787-3667
Unemployment Compensation, Title 34, Chapter 101, Unemployment Compensation Board of Review	Submit proposed rulemaking in Spring 2007.	Update appeal and hearing procedures to reflect evolving procedures and statutory changes.	Edward Rawlings 717-787-1620
Bureau of Workers' Compensation Title 34, Chapter 121	Submit final-form regulation Spring 2007.	Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology.	Thomas Dinsmore 717-772-0621
Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment	Submitted proposed rulemaking on Fall, 2007	Update processes governing medical care and costs under the Workers' Compensation Act.	Eileen Wunsch 717-772-1912
Bureau of Workers' Compensation, Title 34, Chapter 123	Re-submit final-form regulation in Spring 2007.	Update procedures for qualifications of vocational experts to reflect passage of Act 88.	Eileen Wunsch 717-772-1912
Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance	Submit proposed rulemaking in Fall 2007.	Clarify standards and security requirements for individual self-insured employees.	George Knehr 717-783-4476
Bureau of Workers' Compensation, Title 34, Chapter 123	Submit proposed rulemaking in Fall 2007.	Clarify procedures for obtaining benefits under the Uninsured Employer Guaranty Fund.	John T. Kupchinsky 717-783-5421
Bureau of Workers' Compensation, Title 34, Chapter 131	Submit proposed rulemaking in Fall 2007.	Update procedures for proceedings before workers' compensation judges and incorporating Act 147 of 2006.	Elizabeth A. Crum 717-787-5082
Workers' Compensation Appeal Board, Title 34, Chapter 111	Submit proposed rulemaking in Fall 2007.	Update procedures for Workers' Compensation Appeal Board.	Susan McDermott 215-560-4583
Bureau of Mediation, Title 34	Submit proposed rulemaking in Fall 2007	Specify procedures and process for Bureau mediators.	William D. Gross 717-787-2803
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage	Submit proposed rulemaking in Fall 2007	Address statutory amendments for training wages, clarify overtime exclusions and delete expired Food-Service Employee Incentive Program	James A. Holzman 717-787-4186
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes 43 Pa. Code Section 7.1 et. seq.	January 2007 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 717-861-8503
Persian Gulf Conflict Veterans' Compensation Program. 43 Pa. Code Chapter 9	February 2007	This regulation is needed to implement Act 29 of 2006, which established the Persian Gulf Conflict Veterans' Compensation Program. The funding for this program was approved by Pennsylvania voters in November 2006, and the Act took effect in December 2006. DMVA's goal is to have regulations (which relate directly to military affairs) in effect by September 2007.	Dennis T. Guise 717-861-8503
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 203	Final regulations, May 2007.	The Commission intends to publish regulations to allow physicals to be performed by physicians' assistants and certified nurse practitioners. Current regulations require all physicals to be performed only by licensed physicians.	Syndi L. Guido 717-772-0905
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 204	Proposed regulations, May 2007.	Act 79 of 2005 requires the Commission to promulgate regulations to implement the Retired Law Enforcement Identification Act.	Syndi L. Guido 717-772-0905
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
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.''	The proposed regulation was published in the Pa. Bulletin in the fall of 2006.	The County Probation and Parole Officers' Education and Training Commission is in the process of promulgating these regulations and anticipates the completion of proposed regulations by Summer 2007 for publication in the PA Bulletin.	Henry L. Van Brederode 717-787-5699 x 389
The Domestic and Sexual Violence Victim Address Confidentiality Act 23 Pa.C.S.A. § 6712 requires the Office of the Victim Advocate to promulgate regulations to establish an address confidentiality program to protect victims of sexual and domestic violence.	The regulation will be published in the Pa. Bulletin in the summer of 2007 using the ''final-omitted'' process.	23 Pa.C.S.A. § 6712(2) requires the Office of the Victim Advocate to promulgate the required regulations by July 1, 2006.	Victoria Sostack 717-783-5157
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	June 2007, 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	December 2007, as proposed	This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and noncustodial 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]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	October 2007, as proposed	This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from 6 months to 1 year for the first violation and from 1 year to 2 years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Family Violence Option 55 Pa. Code Chapter 187	February 2008, as proposed	This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Breast and Cervical Cancer Prevention and Treatment Program 55 Pa. Code Chapter 140	February 2007, as final-form	This regulation provides Medicaid benefits to individuals diagnosed with Breast and Cervical Cancer, effective January 1, 2002. The BCCPT Act of 2000 amended Title XIX of the Social Security Act by giving states the option of providing full Medicaid benefits to a new group of individuals. This regulation provides Medical Assistance for women who have breast and cervical cancer, including precancerous conditions of the breast and cervix, in addition to full Medicaid benefits. Specifically, uninsured and underinsured women under the age of 65, screened and diagnosed with either breast or cervical cancer, including precancerous conditions of the breast or cervix, by a provider or facility funded in full or part by the Centers for Disease Control and Prevention under its National Breast and Cervical Cancer Early Detection Program, will be eligible for Medicaid benefits. Pennsylvania has chosen the Department of Health Healthy Woman Project as the screening entity for this program. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, professional medical organizations and other client advocacy groups.	Ruth O'Brien [phone]
Medical Assistance Changes (MAC) 55 Pa. Code Chapters 133, 140, 141, 178 and 181	April 2007, as proposed	This regulation incorporates eligibility requirements for Temporary Assistance for Needy Families (TANF)-related, Supplemental Security Income (SSI)-related and General Assistance (GA)-related Medicaid. Some of the major changes include revisions to: 1) the application and redetermination process; 2) the qualification requirements and eligibility rules for Healthy Beginnings; 3) the income eligibility methodologies for TANF-related categories of Medicaid; 4) the income and resource requirements for the Medicaid Program; 5) Extended Medical Coverage to include provisions as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); 6) the GA-related Nonmoney Payment (NMP) and Medically Needy Only (MNO) eligibility criteria as set forth in Act 35; 7) the qualifying criteria for TANF-related categories to include a new eligibility group as set forth in § 1931 of the Social Security Act.	Ruth O'Brien [phone]
Payment for Burial and Cremation 55 Pa. Code Chapters 283, 285	March 2007 as proposed	The proposed rulemaking increases the maximum payment to funeral directors for burial or cremation services to a standard $750 for all eligible individuals. This rulemaking also increases maximum level of contributions that may be made by another agency or individual towards burial expenses without reducing the Department payment. This amount is increased from $180 to $750. Additionally, this proposed rulemaking eliminates several restrictive requirements for burial, thus allowing families and funeral directors more flexibility and choice in planning and selecting burial goods and services.	Ruth O'Brien [phone]
Revisions to Special Allowances for Supportive Services 55 Pa. Code Chapter 165	April 2007 as proposed	The purpose of this proposed regulation is to ensure adequate and consistent availability and distribution of special allowances. These special allowances are for supportive services to recipients of cash assistance who are engaged or intend to engage in employment and training activities approved by the Department.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (TANF Reauthorization) 55 Pa. Code Chapter 165	April 2007 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]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	March 2007, as final-omitted	This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Medical Assistance Case Management Services 55 Pa. Code Chapter 1239	March 2007, as proposed	This regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
OMNIBUS Pharmacy 55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	September 2007, as final-omitted	This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation was reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Physician Assistant/Midwife 55 Pa. Code Chapter 1141	June 2007, 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]
Discontinuance of the Mandatory Second Opinion Program 55 Pa. Code Chapter 1150	June 2007, as final-omitted	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 2008, as proposed	This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chapters 1101, 1141, 1150, 1221	March 2007, as proposed	This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Definition of Medically Necessary 55 Pa. Code Chapter 1101	July 2007, as proposed	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	September 2007, 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]
Dental Services 55 Pa. Code Chapter 1149	May 2007, as final-omitted	This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Preadmission Requirements for Nursing Facility Services 55 Pa. Code Chapter 1187	July 2007, as final	This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Home Health Regulation 55 Pa. Code Chapter 1249	February 2007 as final-form	The proposed regulation: 1. removes the State requirement that clients be homebound to receive home health agency services. Requiring a client to be homebound is in violation of ''Olmstead Update No. 3'' codified at 42 CFR 440.230(c) and 440.240(b); 2.  moves service limitations from the regulations to the fee schedule which will permit program exceptions to the limitations when appropriate.	Ruth O'Brien [phone]
Changes to Nursing Facility Rate Setting System 55 Pa. Code Chapter 1187	June 2007, as final-omitted	This regulation will support the balancing of long term care by encouraging the continued trend of having nursing facilities serve higher acuity MA recipients, encouraging right sized facilities and decreased reliance on MA payments. Further objectives of this regulation will be to provide greater predictability in rate setting, reduce the number of appeals and incorporate performance standards/incentives to encourage cost effective and high quality care in the most appropriate setting.	Ruth O'Brien [phone]
Medical Assistance Copayment Changes 55 Pa. Code Chapter 1101	February 2007, 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]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Third Party Liability Programs 55 Pa. Code Chapter 259	June 2007, 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]
Licensure and Approval Appeal Procedures 55 Pa. Code Various Chapters	April 2007, as proposed	This regulation replaces the uncodified regulation at 7 Pa.B. 3266 with the General Rules of Administrative Practice and Procedure (1 Pa. Code Chs. 31--35) for all facilities and agencies certified by the Department.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers Draft Regulation, 55 Pa. Code Chapter 5260	June 2007, 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) for Mental Health Services 55 Pa. Code Chapters 31, 1157, 1165	April 2007, as proposed	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]
Intermediate Care Facilities for the Mentally Retarded 55 Pa. Code Chapter 6650	July 2007, 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, conversion of State-funded programs to ICF/MR, 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]
Child Care Facilities 55 Pa. Code Chapters 3270, 3280, 3290, 3300	May 2007 as final-form	The purpose of the proposed rulemaking is to update the minimum standards for child care facilities. The regulations need to be updated to reference the current laws that directly impact on the operation of child care facilities, to incorporate the Department's statements of policy issued since 1992, to implement changes in recommended health and safety practices, to clarify regulations and to reflect best practice in the field of child care.	Ruth O'Brien [phone]
REVENUE
Construction Contractors 61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17	December 2007, as proposed	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities following Act 45 of 1998. Department awaiting decision of the Pennsylvania Supreme Court.	Douglas Berguson 717-346-4633
Construction Contractors 61 Pa. Code §§ 31.11, 46.2, 46.3, 46.6 and 46.9	September 2007, as final.	Chapter 46 Construction Contractors Sales Tax Requirements and Amendment to § 31.11 to avoid duplication of regulations.	Douglas Berguson 717-346-4633
Regulations Governing the Collection of a School District Personal Income Tax 61 Pa. Code Chapters 141--148	Published as final December 2, 2006	The regulation provides uniform rules for the levy, implementation, administration, assessment and collection of the School District Personal Income Tax authorized by the Taxpayer Relief Act of 2006. Regulation published at 36 Pa.B. 7253 (December 2, 2006).	Douglas Berguson 717-346-4633
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	September 2007, as final.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas Berguson 717-346-4633
Organ and Bone Marrow Donor Tax Credit 61 Pa. Code § 11.1	Published as final December 2, 2006	Chapter 11 implements the organ and bone marrow donor tax credit under sections 3 and 4 of the Organ and Bone Marrow Donor Act of 2006. Regulation published at 36 Pa.B. 7252 (December 2, 2006).	Douglas Berguson 717-346-4633
Support Offset and Other Personal Income Tax Provisions	July 2007, 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 717-346-4633
Pennsylvania Gaming Cash Flow Management 61 Pa. Code §§ 1001.1-- 1001.11	July 2007, as final	The Department is proposing ''permanent'' regulations for Chapter 1001, Pennsylvania Gaming Cash Flow Management in accordance with the Pennsylvania Race Horse Development and Gaming Act 2004 (Act 71).	Douglas Berguson 717-346-4633
Contract Carriers Exemption Certificate--Transfer of Registration § 31.46	July 2007, as proposed	This regulatory change will amend certain regulatory provisions for exemption from sales tax for transfer of registration to conform to Federal legislation.	Douglas Berguson 717-346-4633
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Commissions, Elections and Legislation   Alteration of Local Election Districts 4 Pa. Code § 184 (16-36)   Lobbying Disclosure 51 Pa. Code (number not yet assigned)	Fall 2007, as Proposed.       Spring 2007, as Proposed.	The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code, 25 P. S. §§ 2701-- 2750. Statutory Authority: Section 2750 of the Election Code, 25 P. S. § 2570, which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting.     This proposed rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006, which requires the Lobbying Disclosure Committee to deliver proposed regulations implementing the provisions of Act 134 within 180 days. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.	L. Lawrence Boyle [phone]
Bureau of Professional and Occupational Affairs Recording Devices 49 Pa. Code, §§ 43b.101-- 43b.102 (number not yet assigned)	Spring 2007, as Proposed.	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.	Thomas A. Blackburn [phone]
State Board of Accountancy General Revisions 49 Pa. Code, Chapter 11. (16A--559)     Continuing Education 49 Pa. Code §§ 11.61-- 11.69a (16A-5511)	Spring 2007, as Final.             Spring 2007, as Proposed.	The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.   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.	Penny Walker [phone]
State Architects Licensure Board Architect Registration Examination Requirements 49 Pa. Code § 9.45(b) (16A-419)	Spring 2007, as Proposed.	This regulation would adopt a 5-year ''rolling clock'' requirement that applicants pass all divisions of the Architect Registration Examination within a rolling 5-year period. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).	Penny Walker [phone]
State Athletic Association Communicable Disease Testing 58 Pa. Code § 21.8 (16-37)	Spring 2007, as Proposed.	This regulation would alter the Commission's current regulations that authorize the testing of boxers for communicable diseases to require such testing no more than 6 months prior to the date of the application for licensure. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501, authorize the Commission to promulgate regulations implementing changes to the health and safety rules as recommended by the Medical Advisory Board.	Greg Sirb [phone]
State Board of Barber Examiners Student Records and Curriculum 49 Pa. Code, Chapter 3 (16A-427)	Spring 2007, as Proposed	This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).	Hilarene Staller [phone]
State Board of Certified Real Estate Appraisers General Revisions 49 Pa. Code, Chapter 36. (16A-7014)	Spring 2007, as Final.	The regulation represents a comprehensive revision of requirements relating to education and experience for initial certification, continuing education for renewal of certification, standards of practice, and supervision of appraisal assistants. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2); and Section 3 of the Assessors Certification Act, 63 P. S. § 458.3.	Michelle Smey [phone]
State Board of Chiropractic Chiropractic specialties 49 Pa. Code Ch. 5 (16A-4312)     Patient records 49 Pa. Code § 5.51 (16A-4313)     Reactivation Competency Requirements 49 Pa. Code § 5.17 (16A-4314)       Volunteer license 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2007, as Proposed.             Spring 2007, as Final.       Spring 2007, as Proposed.             Spring 2007, 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. The 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).   The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   This regulation will update the Board's requirement that a licensee whose license has been inactive for more than 5 years demonstrate current competence in order to reactivate the licensee's license. Statutory Authority: Sections 302(3) and 501(b) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.501(b).   This regulation is required to conform the 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.	Deborah Smith [phone]
Corporation Bureau UCC Revised Article 9 (16-35)	Spring 2007, 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 General Revisions 49 Pa. Code Chapter 7 (16A-4514)	Spring 2007, as Proposed.	This regulation would implement the omnibus amendments to the Beauty Culture Law provided by Act 99 of 2006. Statutory authority: Section 16 of Act 99 requires the Board to promulgate regulations within 18 months of its effective date (September 5, 2006).	Hilarene Staller [phone]
State Board of Dentistry EFDA Program Approval 49 Pa. Code, Chapter 33 (16A-4616)   Dental Hygienists Scope of Practice/Local Anesthesia 49 Pa. Code, Chapter 33 (16A- 4617)     Sexual Misconduct 49 Pa. Code, Chapter 33 (16A-4618)     Volunteer license 49 Pa. Code § 33.110 (number not yet assigned)	Spring 2007, as Proposed.           Spring 2007, as Proposed.               Spring 2007, as Final.         Spring 2007, as Final (Proposed-omitted).	This regulation is intended to 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 is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices and will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).   This regulation will define sexual misconduct as it pertains to dentists, dental hygienists and expanded function dental assistants. Statutory Authority: Sections 3(c), (d) (d.1) and (o) of the Dental Law, 63 P. S. § 122(c), (d), (d.1) and (o).   This regulation is required to amend the current 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).	Lisa Burns [phone]
State Registration Board for Professional Engineers, Land Surveyors and Geologists General Revision 49 Pa. Code, Chapter 37 (number not yet assigned)	Spring 2007, 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.	Terrie Kocher [phone]
State Board of Funeral Directors Forms Review 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)   Professional Misconduct 49 Pa. Code §§ 13.201, 13.202. (16A-4814)   Preneed Funeral Arrangements 49 Pa. Code, Chapter 13 (16A-4815)     Preneed Activities of Unlicensed Employee 49 Pa. Code, Chapter 13 (16A-4816)       Renewal Fee 49 Pa. Code § 13.12 (16A-4817)     General Revisions 49 Pa. Code, Chap. 13 (number not yet assigned)	Spring 2007, as Proposed.           Spring 2007, as Final.         Spring 2007, as Proposed.           Spring 2007, as Proposed.           Spring 2007, as Proposed.       Spring 2007, as Proposed.	This proposed regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).     This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).   The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).   The proposed rulemaking would increase the biennial renewal fee for licensed funeral directors. Statutory Authority: Section 18.1 of the Funeral Director Law, 63 P. S. § 479.18.1.   These amendments would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications for licensure and responsibilities of supervisors. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).	Michelle Smey [phone]
State Board of Medicine Athletic Trainers 49 Pa. Code, Chap. 16 (16A-4915)     Acupuncture Registration 49 Pa. Code, Chapter 18, §§ 18.11--18.19 (16A-4919)   Qualifications of Expert Witnesses 49 Pa. Code § 16.52 (16A-4923)       Volunteer License 49 Pa. Code § 16.18 (number not yet assigned)	Spring 2007, as Final.           Spring 2007, as Final.           Spring 2007, as Proposed.           Spring 2007, as Final (Proposed-omitted).	This joint regulation would implement Act 92 and 93 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (formerly regulated by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001 and Section 3 of Act 93 of 2001.   This regulation will amend the Board's existing regulations so that they comport with recent amendments to the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.     This proposed regulation will adopt the criteria for qualification as an expert established by section 512 of the Mcare Act for all proceedings before the Board. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.   This regulation is required to amend the current regulations regarding volunteer licenses to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.	Tammy Radel [phone]
State Board of Nursing LPN/IV Therapy 49 Pa. Code § 21.145 (16A-5122)   RN and LPN Program Examination Pass Rates 49 Pa. Code, Chapter 21 (16A-5123)             CRNP General Revisions 49 Pa. Code, Chapter 21, Subchapter C (16A-5124)         Fees for CRNP Continuing Education Course Approval 49 Pa. Code, Chapter 21 (16A-5128)   Nursing Programs and Faculty Requirements 49 Pa. Code, Chapter 21 (16A-5129)   Continuing Education for RNs 49 Pa. Code, Chapter 21 (16A-5130)	Spring 2007, as Proposed         Spring 2007, as Proposed.                     Spring 2007, as Proposed.                 Spring 2007, as Proposed.           Spring 2007, as Proposed.           Spring 2007, 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.   This regulation will clarify the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   This regulation is required to implement Act 206 of 2002, which gave exclusive jurisdiction over CRNPs to the State Board of Nursing and to revise the existing regulations to allow the effective use of CRNPs to the full extent of their education and training. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 7(c) of Act 306 of 2002, P. L. 1567, No. 206, December 9, 2002.   This regulation would establish a fee for the approval of CRNP continuing education courses. Statutory Authority: Sections 8.1(c) and 11.2(a) and (d) of the Professional Nursing Law, 63 P. S. §§ 218.1(c), 221.2(a) and (d).     This regulation updates the Board's regulations relating to nursing education programs as part of a systematic review of the professional nursing regulations undertaken by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   The proposed regulation is required to implement the continuing education requirements mandated by Act 58 of 2006. Statutory authority: Section 12 of the Professional Nursing Law, 63 P. S. § 222.	Ann Steffanic [phone]
State Board of Nursing Administration of Conscious Sedation Medications 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 2007, as Proposed.               Spring 2007, as Final (Proposed-omitted).	The proposed regulation would provide standards for registered nurses in the administration of conscious sedation medications. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).         This regulation is required to amend the 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 Administrator-In Training 49 Pa. Code, Chapter 39 (16A-627)	Spring 2007, as Proposed.	This regulation would create an alternative method for obtaining experience and training prior to admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).	Chris Stuckey [phone]
State Board of Occupational Therapy Education and Licensure Orders 49 Pa. Code § 42.25 (16A-676)	Spring 2007, as Final.	This regulation would authorize an occupational therapist to receive an oral order when it is impracticable to receive a written order. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Chris Stuckey [phone]
State Board of Optometry Volunteer License 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2007, as Final (Proposed-omitted).	This regulation is required to amend the Board's 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 Athletic Trainers 49 Pa. Code, Chap. 16 (16A-4915)     Physician Assistant Prescriptive Authority 49 Pa. Code, Chapter 25 (16A-5318)       Volunteer License 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)	Spring 2007, as Final           Spring 2007, as Proposed.             Spring 2007, as Final (Proposed-omitted).	This joint regulation would implement Act 92 and 93 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (formerly regulated by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001 and Section 3 of Act 93 of 2001.   This joint rulemaking (with the Pharmacy Board) sets forth the requirements for physician assistants with regard to prescriptive authority under the direction of a licensed physician. Statutory Authority: Section 10(p) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10(p).   This regulation is required to amend the Board's 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.	Gina Bittner [phone]
State Board of Pharmacy Supplies and Equipment 49 Pa. Code, Chapter 27 (16A-5415)     General Revisions 49 Pa. Code, Chapter 27 (16A-5416)       Continuing Education 49 Pa. Code § 27.32 (16A-5417)     Syringes and Needles 49 Pa. Code, Chapter 27 (16A-5418)       Pharmacist Breaks 49 Pa. Code, Chapter 27 (16A-5419)	Spring 2007, as Proposed.             Spring 2007, as Proposed.           Spring 2007, as Proposed.       Spring 2007, as Proposed.           Spring 2007, as Proposed.	The regulation would amend existing regulations pertaining to supplies and equipment to eliminate a specific list of supplies and allow pharmacies to keep on hand supplies specific to the pharmacy's area of practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).   The proposed regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).   The proposed regulation would clarify the Board's continuing education requirements. Statutory Authority: Section 3.1 of the Pharmacy Act, 63 P. S. § 390-3.1.   This regulation would amend existing regulations to eliminate the requirement for a prescription prior to dispensing needles and syringes by a pharmacist. Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9).   This regulation would permit a sole pharmacist on duty to take up to a 30-minute break while the pharmacy remains open. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).	Melanie Zimmerman [phone]
State Board of Physical Therapy Biennial Renewal Fees 49 Pa. Code § 40.5 (16A-6511)	Spring 2007, as Final.	This regulation would increase the biennial renewal fees for physical therapists, physical therapy assistants and certificate holders. Statutory Authority: Section 8(b) of the Physical Therapy Practice Act, 63 P. S. § 1308(b).	J. Robert Kline [phone]
State Board of Podiatry Certificate of Authority to Perform Acupuncture 49 Pa. Code, Chapter 29 (16A-449)   Volunteer License 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2007, as Proposed.             Spring 2007, as Final (Proposed-Omitted).	This regulation is required to 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 regulation is required to amend the Board's 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 Qualifications 49 Pa. Code, Chapter 41 (16A-6315)   Continuing Education 49 Pa. Code § 41.59 (16A-6317)       Code of Ethics 49 Pa. Code § 41.61 (16A-6318)	Spring 2007, as Proposed.           Spring 2007, as Proposed.         Spring 2007, as Proposed	This regulation amends education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2).   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 Ethics 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]
State Real Estate Commission Seller's Property Disclosure Statement 49 Pa. Code§ 33.335a (16A-5611)   Education 49 Pa. Code § 35.384, 35.385. (16A-5613)           Consumer Notice 49 Pa. Code § 35.336 (16A-5614)     Partial Fees 49 Pa. Code, Chapter 35 (16A-5615)     Commercial Property Exclusion 49 Pa. Code § 35.336 (16A-5617)	Spring 2007, as Proposed.           Spring 2007, as Proposed.             Spring 2007, as Proposed.       Spring 2007, as Proposed.         Spring 2007, as Final (Proposed-omitted).	This regulation adopts a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law, 63 P. S. § 7304(a).     The 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.   This regulation would shorten and simplify the Consumer Notice mandated by section 608 of the Real Estate Licensing and Registration Act. Statutory Authority: 63 P. S. § 455.608.   The proposed regulation would eliminate the partial fees charged to licensees who apply mid-biennium. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.   This regulation would incorporate the exemption from the consumer notice requirement for commercial property transactions involving entities as set forth in Act 125 of 2006. Statutory Authority: Section 608 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.608, as amended by Act 125 of 2006.	Patricia Ridley [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Technical Amendments 49 Pa. Code §§ 47.1 and 47.1a. (16A-699)     Standards of Professional Conduct 49 Pa. Code, Chapters 47, 48 and 49 (16A-6911)	Spring 2007, as Final.                   Spring 2007, as Proposed	This regulation clarifies the definition of ''accredited school,'' amends the name of the examination, and provides that students who graduate from social work programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.   The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).	Sandra Matter [phone]
State Board of Examiners in Speech-Language and Hearing General Revisions 49 Pa. Code, Chapter 45. (number not yet assigned)	Summer 2007, as Proposed.	This regulation is intended to be a general 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 Manufacturers, Dealers and Salespersons Salesperson License 49 Pa. Code, Chapter 19 (16A-609)         Biennial Renewal Fees 49 Pa. Code, Chapter 19, § 19.4 (16A-6010)	Spring 2007, as Proposed.                     Spring 2007, as Final.	The Board of Vehicles Act requires every person who is engaged in the buying, selling or exchanging of vehicles for a commission, compensation or other consideration, to be a licensed salesperson on behalf of a dealer, unless that person is the dealer. This regulation would clarify that the reference to ''dealer'' in the phrase ''unless that person is the dealer'' refers only to a person holding a dealer license as a sole proprietor. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   The Board is proposing to increase biennial renewal fees for its licensees in order to recoup the current deficit and to meet its expected expenditures through at least FY 2016-2017. Statutory Authority: Section 30 of the Board of Vehicles Act, 63 P. S. § 818.30, requires the Board to increase biennial licensure fees whenever revenues are inadequate to meet the Board's expenditures.	Pamela Marsden [phone]
State Board of Veterinary Medicine Certified Veterinary Technician Specialties 49 Pa. Code § 31.38. (16A-5716)     Veterinary Dentistry 49 Pa. Code, Chapter 31 (16A-5718)     Recordkeeping 49 Pa. Code, Chapter 31 (16A-5719)   Facilities 49 Pa. Code, Chapter 31 (16A-5720)     Professional Conduct 49 Pa. Code, Chapter 31 (16A-5721)	Spring 2007, as Final.             Spring 2007, as Proposed.       Spring 2007, as Final.       Spring 2007, as Proposed.         Spring 2007, as Proposed	This regulation would provide that only an individual certified by a veterinary technology academy recognized by the National Association of Veterinary Technicians may hold himself or herself out as a specialist. Statutory Authority: Section 11 of the Veterinary Medicine Practice Act, 63 P. S. § 485.11.   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 veterinary medical records. 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.   This regulation would clarify the types of conduct that constitutes unprofessional conduct which may lead to disciplinary action under section 21(1) of the Veterinary Medicine Practice Act. Statutory Authority: Sections 5 and 21 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.21.	J. Robert Kline [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supercede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	The proposed regulation was delivered to IRRC and the legislative committees in early Fall 2006 but the legislative committees didn't act prior to the end of session. SERS will resubmit it in the 2007 legislative session and also address IRRC's technical comments.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	The proposed regulation was delivered to IRRC and the legislative committees in early Fall 2006 but the legislative committees didn't act prior to the end of session. SERS will resubmit it in the 2007 legislative session and also address IRRC's technical comments	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa. C.S. § 5953.)	2007	The statute does not set priorities among conflicting demands on members' accounts. A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 247.7(c). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	2007	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	2007	The language 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 [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 247.6(a). Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	2007	The regulation has been rendered obsolete by changes to SERS' enabling legislation.	Brian McDonough [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 247.4 (c). Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement; and 3) the rights of terminated members to apply for a disability.)	2007	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	Brian McDonough [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2007	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation 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]   Tom Wanich [phone]
4 Pa. Code § 241.1. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.)	2007	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children'', ''my issue'', ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	2007	This new regulation would specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 243.8. Membership rules for educational employees.	2007	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	June 2007, as proposed.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749	Syndi L. Guido Policy Director 717-772-0905
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2007, 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 717-772-0905
Administration of Megan's Law-Neighbor Notification 37 Pa. Code Chapter 55	June 2007, 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 chairmen and minority chairmen 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 Act 152 of 2004, which made substantive amendments to Megan's Law.	Syndi L. Guido Policy Director 717-772-0905
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	December 2007	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes 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 717-787-2171
75 - Driver's License Exam   67 Pa. Code, Chapter 75	March 2007	The regulation is being revised to allow chiropractors to complete the learner's permit physical. HB1912, Act 76, passed July 15, 2004, requires us to allow chiropractors to complete this physical.	Anne Titler 717-783-4737
21 - Odometer Read Disclosure Statements   67 Pa. Code, Chapter 21	August 2007	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 717-787-2171
23 - Delivery of Certificates of Title   67 Pa. Code, Chapter 23	August 2007	The method of title delivery has changed due to the electronic lien and title program (75 PA C. S, Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver 717-787-2171
13 - Special Mobile Equipment   67 Pa. Code, Chapter 13	August 2007	Act 211 of 2004, which took affect January 29, 2005, changed the vehicle code definition of special mobile equipment. The regulation needs revised to align with that definition change.	Andy Cleaver 717-787-2171
17 - Authorization to Verify ID Numbers 67 Pa. Code, Chapter 17	August 2007	Changes 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 717-787-2171
51 - Transfer, Exchange & Reclassification of Registration   67 Pa. Code, Chapter 51	September 2007	An amendment is needed to eliminate the actual transfer fee dollar amount reference in the regulation, and replace with a reference to Section 1927 of the Vehicle Code where the fee is already listed. This will eliminate regulatory changes, if the fee amount changes in the Vehicle Code.	Phil VanBriggle 717-787-2171
71 - School Bus Drivers   67 Pa. Code, Chapter 71	June 2007	The regulation needs to be revised to allow chiropractors to complete the school bus driver physical. HB1912, Act 76, passed July 15, 2004, requires this change. This change is currently under review by IRRC. (Proposed Promulgation Date March 2007) Additionally, the regulation is being revised to clarify requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association.	Scott Shenk 717-772-1782
83 - Physical & Mental Criteria - Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code, Chapter 83	June 2007	Physical and Mental Criteria for Licensure. The regulation needs to be revised to allow chiropractors to complete the learners permit. HB 1912, Act 76, passed July 15, 2004, requires this change. This change is currently under review by IRRC. (Proposed Promulgation Date March 2007) The regulation is being revised to clarify requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association.	Scott Shenk 717-772-1782
221 - Obligations of Insurer and Vehicle Owner   67 Pa. Code, Chapter 221	June 2007	This regulation should be updated to reflect the changes that have been implemented for more use of electronic reporting of insurance cancellation information by insurers.	Phil VanBriggle 717-787-2171
255 - Messenger Services   67 Pa. Code, Chapter 255	March 2007	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes 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 717-787-2171
171 - School Buses and School Vehicles.   67 Pa. Code, Chapter 171	June 2007	The regulation needs to be updated to incorporate continued improvements in technology and engineering related to pupil transportation and to make general references to the Federal standards so that the regulation does not need changed as changes are made to the Federal standards.	Scott Shenk 717-772-1782
471 - Aviation   67 Pa. Code, Chapter 471	September 2007	This regulation is being revised to clarify requirements and to allow for more practical application and enforcement of those requirements.	Brian Gearhart 717-705-1250   Scott Wagner 717-346-4304
457 - Prequalification of Bidders   67 Pa. Code, Chapter 457	September 2007	The Bureau of Construction Materials is proposing changes to the regulation due to policy changes and ECMS bid procedure changes since the last modification which was in 1998.	Joe Cribben 717-787-3733

[Pa.B. Doc. No. 07-186. Filed for public inspection February 2, 2007, 9:00 a.m.]