199 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[36 Pa.B. 630]

   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 twentieth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
Pa. Code Title VI Chapter 3 Fair Hearings and Appeals	December 2006, 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 2007, 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	December 2007, 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 2007, 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 2007, 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 22 Pharmaceutical Assistance Contract for the Elderly	December 2006, as proposed.	The Department is working with the Administration to amend the PACE law and regulations to effect coordination of the Federal prescription drug benefit with the PACE/PACENET programs.	Thomas Snedden 717-787-7313
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, 2006, 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, 2006, 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, 2006, 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, 2006, 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).	Kent D. Shelhamer [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	May, 2006, 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, 2006, 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	May, 2006, 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 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]
Fruit Tree Improvement Program 7 Pa. Code Chapter 120	November, 2008, as proposed.	This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers.	Ruth Welliver [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	January, 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]
Certification of Virus-Tested Geraniums 7 Pa. Code Chapter 122	September, 2008, as proposed.	This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa. Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services	Ruth Welliver [phone]
Chemsweep Regulations 7 Pa. Code Chapter 128b	March, 2006, as final.	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.	Phil Pitzer [phone]
Nutrient Management Certification Program 7 Pa. Code Chapter 130b	Published as final in the December 3, 2005 edition of the Pennsylvania Bulletin.	This regulation will amend 7 Pa. Code Chapter 130b and is necessary to update and correct inconsistencies in the current regulations, redefine specialist categories; allow flexibility for the Department to modify competency areas and training focus; determine additional competency area needs and clarify continuing education requirements. The revision of this regulation will allow participants in the certification program to remain qualified to meet nutrient management planning requirements established in section 7(a) of the Nutrient Management Act of 1993 (Act 6).	Johan E. Berger [phone]
Fertilizer Regulations 7 Pa. Code Chapter 73	September, 2007, 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, 2007, 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	April, 2006, as proposed	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, 2006, 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	December, 2006, as proposed.	This regulation will address statutory changes made by Act 61 of 2005, and will otherwise update the current regulation.	Sandra E. Robison [phone]
Seed Testing Labeling and Standards 7 Pa. Code Chapter 111	June, 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	June, 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.	May, 2006, 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	Early 2006	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz [phone]
Regulation defining unfair/unethical and improper conduct of Mortgage Business under [Acts]	Early 2006	63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212.	Carter D. Frantz [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Building Energy Conservation Standards 12 Pa. Code Chapter 147 (Final regulation with rulemaking omitted)	Spring 2006	The regulation will repeal this chapter, as the statute upon which this chapter is based has been repealed by the Pennsylvania Construction Code Act.	Jill B. Busch [phone]
Manufactured Housing Improvement Program (Final regulation)	Spring 2006	As required by the Manufactured Housing Improvement Act (act of November 29, 2004, P. L. ____ , No. 158)), the department will propose final regulations governing the training and certification of new manufactured home installers; the training of those persons who inspect the installation of new manufactured homes in PA; and the enforcement of the regulations once promulgated.	Jill B. Busch [phone]
Manufactured Housing 12 Pa. Code Chapter 143 (Proposed regulation)	Summer 2006	The purpose of the proposed regulation is to establish fees charged to manufacturers and retailers to cover the costs of extraordinary/follow-up monitoring and inspections incurred by the Department beyond those covered by fees authorized by the United States Department of Housing and Urban Development and to update the existing regulation with the term ''Housing Standards Division.''	Lisa Maiorana [phone]
Industrialized Housing and Components 12 Pa. Code Chapter 145 (Proposed Regulation)	Spring of 2006	The purpose of the proposed 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.	Lisa Maiorana [phone]
Pennsylvania Industrial Development Authority 12 Pa. Code Chapter 73 (Statement of Policy)	Spring of 2006	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]
COMMISSION ON CRIME AND DELINQUENCY
Office of Victims' Services, Victims Compensation Assistance Program--Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 411	February 2006, as Final Form.	To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by subsequent legislation, including Act 1998-111 and its relocation of the Crime Victims Act to Purdon's Statutes Title 18 P. S. §§ 11.101--11.5102; Act 85 of 2002 and Act 144 of 2002. This final form regulation will reflect all legislative changes since 1989, when existing regulations were most recently amended.	Lynn Shiner [phone] ext. 3210
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking April 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
CORRECTIONS
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	June, 2006, as proposed	The regulation will be 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.	Publication as proposed regulations is anticipated within next 6 months	The regulations will replace the guidelines currently in effect.	Randall N. Sears [phone]
EDUCATION
Higher Education-- General Provisions 22 Pa. Code, Chapter 31	July 2006, as final.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the timeframe during which new institutions must achieve accreditation, update provisions for library and learning resources, address policies for marketing credit cards on campuses and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit [phone]         or James Gearity [phone]
Higher Education-- Foreign Corporation Standards 22 Pa. Code, Chapter 36	March 2006, as proposed.	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]         or James Gearity [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	May 2006, as final.	Regulations outline requirements for teacher preparation, certification and continuing professional education for professional educators.	Jim Buckheit [phone]         or James Gearity [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	February 2006, as proposed.	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]
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & B	Fall 2006, as proposed.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101, et. Seq. The revised standards will reflect the changes in Chapter 14 and IDEA.	John Tommasini [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code, Chapters 51, 53, 55, 57, 61 and 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. section 6701 et. Seq.).	Mary Ramirez [phone]
Academic Standards and Assessment, 22 Pa. Code, Chapter 4	May 2006, 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]
Chapter 4--Career Education and Work Academic Standards 22 Pa. Code, Chapter 4	April 2006, as proposed.	The Career Education and Work academic standards describe what students should know and be able to do at grades 2, 5, 8 and 11 in four areas: career awareness and preparation; career acquisition; career retention and advancement; and, entrepreneurship. Academic standards in career education and work are established in the State Board's Chapter 4 regulations.	Jim Buckheit [phone]         or Lee Burket [phone]
Regulations of the State Board of Private Licensed Schools 22 Pa. Code, Chapter 73	Accepted by Board on November 4, 2004 and with revisions on February 17, 2005. April 2006 as proposed.	These regulatory changes increase the minimum surety for schools, eliminate ''Demonstrated Competency'' as an instructor qualification, clarifies that violations of the ethics statement are enforceable, clarify last date of attendance for refund purposes, and eliminate tiered fines, setting the fine for all violations at the statutory maximum of $1000.	Patricia Landis [phone]
Higher Education - Institutional Approval 22 Pa. Code, Chapter 40	May 2006, 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]         or James Gearity [phone]
Pupil Attendance 22 Pa. Code, Chapter 11	February 2006, as proposed.	These regulations specify such matters as the school term, school day, minimum hours required, and school age. Proposed changes address requirements for pre-kindergarten program.	Jim Buckheit [phone]         or Harriet Dichter [phone] or [phone]
Students 22 Pa. Code, Chapter 12	February 2006, as proposed.	These proposed regulations address requirements for pre-kindergarten programs and include a description of the services that school districts must provide to students and include in a written plan. These services, while they may differ from school to school, must include such developmental services as guidance counseling, psychological and other health services, and social work services that support a student's academic, behavioral health, personal, and social development; and diagnostic, intervention and referral services for students experiencing problems attaining educational achievement appropriate to their learning potential.	Jim Buckheit [phone]         or Harriet Dichter [phone] or [phone]
Higher Education-- Institutional Approval 22 Pa. Code, Chapter 4	May 2006, as proposed.	These regulations establish procedures for Specialized associate degree programs at a licensed trade, business, correspondence or beauty culture school which is chartered or established by statute in this Commonwealth; additional programs at a chartered two-year college, college or university which lead to degrees and which have not had prior consistent with the articles of incorporation; upper division undergraduate programs at junior or community colleges; additional programs of a foreign corporation approved to operate at a specific site in this Commonwealth; and, vocational educational programs at institutions desiring approval for State/Federal money allotted for vocational education.	Jim Buckheit [phone]         or Harriet Dichter [phone] or [phone]
Academic Standards and Assessment 22 Pa. Code, Chapter 4	February 2006, as proposed.	These regulations outline proposed curriculum and program standards for pre-kindergarten programs.	Jim Buckheit [phone]         or Harriet Dichter [phone] or [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure	The proposed rulemaking was published in the April 9, 2005 issue of the Pennsylvania Bulletin. Final rulemaking was approved by the Independent Regulatory Review Commission on December 15, 2005, and is expected to be published in the Pennsylvania Bulletin in February 2006.	The Environmental Hearing Board Rules Committee has recommended the following revisions to the Board's rules of practice and procedure: 1) 1021.2 (Definitions)--Amend the definition of ''Department'' from ''Department of Environmental Resources'' to ''Department of Environmental Protection'' to reflect the agency's current title, and to add ''and other agencies, boards and commissions'' to reflect the fact that decisions of certain entities other than the Department of Environmental Protection are statutorily appealable to the Environmental Hearing Board. 2) 1021.34(b) (Service by a party)--Amend to require service on other parties by overnight delivery where filing with the Board is by overnight mail or personal service. 3) 1021.104 (Prehearing memorandum)--Amend to require that copies of exhibits be attached to the prehearing memorandum as well as ''such other information as may be required in the Board's orders.'' 4) 1021.53 (Amendments)--Allow for the amendment of complaints and allow a more lenient standard for amending notices of appeal. 5) 1021.51(g)--(j) (Commencement, form and content)--Amend who must receive a copy of a notice of appeal and who is named as an automatic party. 6) 1021.54 (Prepayment of penalties)--Eliminate this rule. 7) 1021.91-95 (Motions)--Create a new and separate rule for summary judgment motions. 8) 1021.101(a) (Prehearing procedure)--Eliminate the bifurcation of expert and non-expert discovery, and change certain prehearing deadlines. 9) 1021.141 (Termination of proceedings)--Correct typographical errors.	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
New Source Review Air Pollution Control Act 25 Pa. Code, Chapter 127	FY05-06	The Department's existing 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
Storage Tank Amendments Storage Tank and Spill Prevention Act 25 Pa. Code, Chapter 246	FY05-06	This proposal 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
Mine Opening Blasting Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapter 89	FY05-06	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
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code, Chapter 85	FY05-06	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
Nutrient Management 25 Pa. Code, Chapter 83	FY05-06	The State Conservation Commission proposes to revise the current nutrient management regulations affecting concentrated animal operations based on advances in the sciences of agronomics and manure management, as well as public concerns with livestock agriculture.	Doug Goodlander 717-787-8821
Water Resources Planning Water Resources Planning Act 25 Pa. Code, Chapter 110	FY05-06	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
Coal Mine Reclamation Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 86	FY05-06	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
Mercury Emissions Air Pollution Control Act 25 Pa. Code	FY05-06	Revise Air Quality regulations to reduce the emission of mercury following input from the Mercury Workgroup.	John Slade 717-783-9476
Newtown Creek et al Stream Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY05-06	This proposal identifies seven streams (Pine Run, Clearfield County; Indian Spring Run, Chester and Lancaster Counties; Lizard Creek, Carbon County; Indian Creek, Fayette County; Messenger Run, Warren County; Newtown Creek, Bucks County; and Stone Creek, Bedford County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Bonita Moore 717-772-4462
Radiation Protection Program Radiation Protection Act Radon Certification Act 25 Pa. Code, Chapter 215-240	FY05-06	Rewording of existing requirements and definitions for clarity. Updating of U.S. Nuclear Regulatory Commission incorporation by reference citations. Reinstate industrial radiography incident reporting requirement inadvertently deleted by previous rulemaking. Updating radon protocols.	L. Ray Urciuolo 717-783-9730
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 77	FY05-06	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	FY05-06	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. Bond rates were established in the O & G Act in 1984 as $2,500/single well and $25,000/blanket well (any # wells greater than 10 wells). These rates are inadequate and the Department has been working with the Oil and Gas Technical Advisory Board to develop a new bond amount.	Ron Gilius 717-772-2199
Muddy Run Unsuitable for Mining Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 86	FY05-06	Based on a technical study prepared as a result of a petition submitted by Reade Township Municipal Authority, this proposed rulemaking would designate certain coal seams within the Muddy Run (Clearfield and Cambria Counties) watershed be designated as unsuitable for mining operations.	Tom Callaghan 717-783-9582
Surface Mine Safety Surface Mine Conservation and Reclamation Act Noncoal Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapter 209	FY05-06	Revision to Chapter 209 (Coal Mines) to adopt by reference the Federal MSHA regulations for surface coal mines and surface noncoal mines.	Bill Allen 717-783-9580
Explosives Storage and Use Explosives Act Surface Mining Conservation & Reclamation Act 25 Pa. Code, Chapter 211	FY05-06	Revisions to Chapter 211 (Storage, Use and Handling of Explosives) that govern the storage and use of explosives.	Bill Allen 717-783-9580
Water Quality Toxics Management Strategy--Statement of Policy Clean Streams Law 25 Pa. Code, Chapter 16	FY 05-06	This annual review identifies amendments to the Water Quality Toxics Management Strategy-- Statement of Policy. Water Quality Criteria in Appendix A, Table 1 are revised to reflect the latest scientific information and Federal guidelines for criteria development.	Bonita Moore [phone]
Sewage Facility Program Amendments Sewage Facilities Act 25 Pa. Code, Chapter 71, 72, 73a	FY05-06	Revisions to Chapter 71 (Administration of Sewage Facilities Planning Program), Chapter 72 (Administration of Sewage Facilities Permitting Program) and Chapter 73a (Standards for Onlot Sewage Treatment Facilities) that govern sewage facilities under the Sewage Facilities Act.	Jay Africa 717-783-2941
NPDES Permitting Program Amendments Clean Streams Law 25 Pa. Code, Chapter 91 & 92	FY05-06	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.	Dana Aunkst 717-787-8184
Sewage Treatment Plant Program Amendments Clean Streams Law 25 Pa. Code, Chapter 94	FY05-06	Revisions to Chapter 94 (Municipal Wasteload Management) that govern construction and operation of sewage treatment plants.	Dana Aunkst 717-787-8184
Earth Moving and NPDES for Construction Program Amendments Clean Streams Law Dam Safety & Encroachment Act 25 Pa. Code, Chapters 102	FY05-06	Revisions to Chapter 102 (Erosion and Sedimentation Control).	Ken Murin 717-772-5975
Water Obstruction, Encroachment & Dam Safety Program Clean Streams Law Dam Safety & Encroachment Act 25 Pa. Code, Chapter 105	FY05-06	Revisions to Chapter 105 (Dam Safety and Water Management) that govern the Commonwealth's water obstruction, wetlands and dam safety program.	Kelly Heffner, Dennis Dickey 717-772-5970
Chapter 109 Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY05-06	This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and reporting requirements for lead, copper, 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
Clean Vehicles Program Amendment Air Pollution Control Act 25 Pa. Code, Chapter 126	FY05-06	Revisions to the existing Pennsylvania Clean Vehicles Program in Chapter 126 (Motor Vehicles and Fuels Program). The regulation provides an extension to 2008 for automakers to comply with the current requirements.	Arleen Shulman 717-772-3926
Air Quality Permit Streamlining Air Pollution Control Act 25 Pa. Code, Chapter 127	FY05-06	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
Portable Fuel Containers Air Pollution Control Act, 25 Pa. Code, Chapter 130	FY05-06	The proposal would revise the portable fuel container regulation to reflect new technology. The new technology makes the containers more user-friendly and provides a slight increase in volatile organic compound and hazardous air pollutant emission reductions.	Terry Black 717-787-2030
Waste Facility Notification near Military Airports Solid Waste Management Act 25 Pa. Code, §§ 271.1, 279.101 & 293.112	FY05-06	This proposed regulation is in response to a petition filed by the 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
Residual Waste Program Solid Waste Management Act 25 Pa. Code, Chapter 287--299	FY05-06	Revisions to various chapters in Article IX (Residual Waste Management) that govern the generation, treatment, storage, transportation and disposal of residual waste.	Steve Socash 717-787-7381
Municipal Waste Program Solid Waste Management Act 25 Pa. Code, Chapters 271--285	FY05-06	Revisions to various chapters in Article VIII (Municipal Waste Management) that govern the generation, treatment, storage, transportation and disposal of municipal waste.	Steve Socash 717-787-7381
Hazardous Waste Program Solid Waste Management Act 25 Pa. Code, Chapters 260--270	FY05-06	Revisions to 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 717-783-3390
Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act 25 Pa. Code, Chapter 250	FY05-06	The proposed amendments will revise several aspects of the existing Chapter 250 regulations based upon updated scientific information. The amendments will also serve to clarify the existing regulations.	Dave Hess 717-783-9480
Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act 25 Pa. Code, Chapter 302	FY05-06	This proposal will implement the provisions of Act 11 of 2002, the Water and Wastewater Systems Operators' Certification Act which restructures the testing and training program for operators and enhances security provisions for all water and wastewater treatment systems in Pa. Proposal also eliminates remaining provisions in Chapters 301, 303 and 305	Veronica Kasi 717-772-4053
Alternate Fuels Program Alternate Fuels Incentive Act 25 Pa. Code, New Chapter	FY05-06	Revise the existing program regulations to incorporate the program revisions made by Act 178.	Susan Summers 717-783-9242
GENERAL SERVICES
Responsibility 4 Pa. Code, Chapter 60	February 2006, as proposed	This chapter should be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Mary B. Seiverling [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	August 2006, as proposed	The regulation should be amended to more accurately reflect present practice and to delete antiquated contract provisions.	Mary B. Seiverling [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Summer 2006, as final omitted	These regulations should be repealed since the DGS' Bureau of Management Services no longer has responsibility for processing subscriptions and orders for the Pennsylvania Code.	Mary B. Seiverling [phone]
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 & 47	February 2007, as proposed	These regulations will be reviewed to ensure that they accurately reflect present practice and are consistent with the Procurement Code.	Mary B. Seiverling [phone]
Distribution of Federally Donated Foods to Needy Households, 4 Pa. Code Chapters 51, 53 & 55	November 2006, as final omitted	These regulations should be repealed since the responsibility for this program was transferred to the Dept. of Agriculture.	Mary B. Seiverling [phone]
Committee on Construction Contract Documents, 4 Pa. Code Chapter 62	July 2006, as final omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Mary B. Seiverling [phone]
Selections Committee, 4 Pa. Code Chapter 64	December 2006, as proposed	These regulations will be reviewed to ensure that they accurately reflect present practice and are consistent with the Procurement Code.	Mary B. 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.	April 2006, 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.	June 2006, 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
Head Injury Program	July 2006, as proposed	The amendments to existing regulations will address client enrollment and provider issues. Pursuant to 35 P. S. § 6934(e).	Crystal Fox 717-783-2500
Supplemental Nutrition Program for Women, Infant's and Children (WIC) 28 Pa. Code § 1101.1 et seq.	April 2006, as final-omitted	The amendments to existing regulations will bring the Commonwealth into compliance with the Child Nutrition and WIC Reauthorization Act of 2004 requirements and allow participants to use WIC vouchers at any WIC authorized store. The amendments will also prohibit authorization of stores that get more than 50% of their annual food revenue from the sale of WIC foods. The amendments will also clarify the availability of minimum inventory during store reviews.	Robert Datorre 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), and 25 Pa. Code § 965.4(9).	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 § 965.4 (9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.	Shawn W. Weis (717)-783-6776
INSURANCE
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Summer/Fall 2006, 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
Credit Life Insurance & Credit Accident & Health Insurance, 31 Pa. Code, Chapter 73, §§ 73.103 & 73.138	Winter/Spring 2006, as proposed.	Amend the regulation to meet NAIC standards.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1-9	Spring/Summer 2006, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Minimum Reserve Standards for Individual and Group Health and Accident Insurance Contracts, 31 Pa. Code, §§ 84a.1-84a.8	Winter/Spring 2006, as proposed.	Amend the regulation to new minimum standards adopted by the NAIC.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Life Insurance Illustrations (New Chapter 87a)	Fall/Winter 2006, 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
Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2	Spring 2006, as proposed.	Review to determine whether to amend or repeal based on statutory amendments enacted in 2004 (Act No. 216 of 2004).	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Property and Casualty Actuarial Opinion, 31 Pa. Code, §§ 118a.1--118a.7 (NEW)	Winter/Spring 2006, as proposed.	New regulation to require property & casualty insurers to annually submit an Actuarial Opinion Summary of the Actuarial Report on loss and loss adjustment expense reserves, including information on the opining actuary's best estimate and/or range of reasonable estimates.	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	Summer/Fall 2006, 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/Summer 2006, 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 2006, 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 2006, as proposed.	Amend to update requirements for assets held in trust.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Health Care Provider Retention Program, 31 Pa. Code, Chapter 248, §§ 248.1-- 248.11 (NEW)	Winter/Spring 2006, as proposed.	Adopt regulations per the Medical Care Availability and Reduction of Error (Mcare) Act (40 P. S. §§ 1303.1101 et seq.)	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Viatical Regulations (NEW chapter)	Spring/Summer 2006, as proposed.	New regulation addressing issues pertaining to the Licensing of Viatical Brokers.	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 Spring 2006.	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
Boiler requirements, Title 34. Bureau of Occupational and Industrial Safety.	Publication as final-form regulation in Winter 2006.	The regulations will update requirements for boilers and unfired pressure vessels in accordance with the Boiler and Unfired Pressure Vessel Law.	Edward Leister 717-787-3323
Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Fall 2006.	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 Summer 2006.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	Pamela Shaw 717-783-3784
Office of Vocational and Rehabilitation, Title 34.	Submit Proposed Rulemaking Winter 2006	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 Summer 2006.	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 Spring 2006.	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 Spring 2006.	Update requirements and procedures for filing benefit and claim applications.	Jeri Morris 717-787-3667
Unemployment Compensation, Title 34, Chapter 101, Unemployment Compensation Board of Review	Submit proposed rulemaking in Spring 2006.	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 2006.	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	Submit proposed rulemaking by Spring 2006.	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	Submit final-form regulation in Spring 2006.	Update procedures for qualifications of vocational experts to reflect passage of Act 88 (if needed).	Eileen Wunsch 717-772-1912
Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance	Submit proposed rulemaking in Summer 2006.	Clarify standards and security requirements for individual self-insured employees.	George Knehr 717-783-4476
Bureau of Mediation, Title 34	Submit proposed rulemaking in Fall 2006	Specify procedures and process for Bureau mediators.	William D. Gross 717-787-2803
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa.Code Section 7.1 et. seq.	July 2006, 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
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 203	Proposed regulations were published October 15, 2005.	The Commission intends to update regulations promulgated pursuant to 53 Pa. C.S. § 2164(1), (8), and (14 (relating to Part III, Subpart C, of the Local Government Code).	Syndi L. Guido 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 will be published in the Pennsylvania 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 Fall 2006 for publication in the Pennsylvania 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 proposed regulation will be published in the Pennsylvania Bulletin in the summer of 2006.	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.

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
PUBLIC WELFARE
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	June 2006, 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	February 2007, as proposed	This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home.	Ruth O'Brien [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	June 2006, 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 six months to one year for the first violation and from one year to two 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 2007, 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]
Increases in Payment for Burial and/or Cremation 55 Pa. Code Chapter 285	April 2006, as final-form	This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A deceased person of any age who received or was eligible to receive a money payment --TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. 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	September 2006, 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 pre-cancerous 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 pre-cancerous 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	March 2006, 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 1966 (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]
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	June 2006, 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]
Residential Treatment Facilities (RTF) for Mental Health Services 55 Pa. Code Chapters 1157, 1165	July 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 on 3/28/02. The Department received comments from 6 agencies. Revised regulations are under review by the Department.	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 2006, 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	February 2007, 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	June 2006, 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	February 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	June 2006, 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	June 2006, 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]
Penile Prosthesis 55 Pa. Code Chapters 1141, 1163,	February 2007, as proposed	This regulation revises the current § 1141.59(8) non-compensable services and § 1163.59(a)(4) noncompensable services, items and outliers days.	Ruth O'Brien [phone]
Extension of County Transition Payments and Double Disproportionate Share 55 Pa. Code Chapter 1187	July 2007, as final-omitted	This regulation will extend the county nursing facility transition rates for the period July 1, 2003, through June 30, 2009, and will increase the disproportionate share incentive payments to qualified nursing facilities for the period July 1, 2003 through June 30, 2008. The disproportionate share incentive payment shall be increased to equal two times the disproportionate share per diem incentive calculated in accordance with 55 Pa. Code § 1187.111(c). This regulation will be reviewed by the Medical Assistance Advisory Committee. These changes are made in accordance with the Intergovernmental Transfer Agreements.	Ruth O'Brien [phone]
Home Health Regulation 55 Pa. Code Chapter 1249	July 2006, 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 2006, 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 Provider Appeal Procedures 55 Pa. Code Chapter 41	October 2006, as final-form	This regulation implements 67 Pa.C.S. 1106 and establishes rules of procedure governing Medical Assistance Provider appeals.	Ruth O'Brien [phone]
Third Party Liability Programs 55 Pa. Code Chapter 259	September 2006, 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	February 2006, 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]
Psychiatric Outpatient Clinics 55 Pa. Code Chapter 5200	February 2007, as proposed	This proposed regulation revises the current regulations pertaining to organization, staffing, and supervision for licensed psychiatric outpatient services. This regulation will be reviewed by the Mental Health Advisory Council and the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers Draft Regulation, 55 Pa. Code Chapter 5260	February 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]
Child Care Providers 55 Pa. Code Chapters 3270, 3280, 3291, 3300	April 2006 as proposed	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]
Child Care Subsidy 55 Pa. Code Chapter 168	April 2006 as proposed	The purpose of the proposed rulemaking is to align the Office of Income Maintenance and Office of Child Development policies regarding subsidized child care and increase child care services to families receiving Temporary Assistance for Needy Families, General Assistance, and Food Stamp benefits. The proposed amendments will simplify policies and create a more user-friendly system for families.	Ruth O'Brien [phone]
REVENUE
Construction Contractors 61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17	July 2006, 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	December 2005, as proposed.	Administrative Clean Up of Chapter 46 Construction Contractors and Amendment to § 31.11 to avoid duplication of regulations.	Douglas Berguson 717-346-4633
Prebuilt Housing	March 2006, as final.	The regulation codifies legislative changes relating to prebuilt housing that were set forth in Act 23-2000 (72 P. S. §§ 7201(g)(8), (vv)--(zz), 7202(f) and 7204(60)).	Douglas Berguson 717-346-4633
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	November 2005, as proposed.	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
Small Games of Chance Amendments 61 Pa. Code, Part VII	March 2006, as final.	The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance.	Douglas Berguson 717-346-4633
Support Offset and Other Personal Income Tax Provisions	September 2006, 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--1001.10	March 2006, as temporary	The Department is proposing temporary 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
Terminal-based Lottery Games 61 Pa. Code §§ 875.1--875.17	March 2006 as final	The regulation establishes and details the procedures that will be followed in operating and administering the Terminal-based Lottery Games.	Douglas Berguson 717-346-4633
Contract Carriers Exemption Certificate-Transfer of Registration § 31.46	July 2006 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
Proof Required to Establish Credit § 111.5	January 2006 as final	This regulatory change will eliminate the need for a ''signed'' copy of an out-of-state tax return for proof required to establish credit.	Douglas Berguson 717-346-4633
SECURITIES COMMISSION
Accountants 64 Pa. Code § 609.033	Proposed Rulemaking Spring 2006	The Commission plans to amend this regulation to update its provisions.	Michael J. Byrne [phone] Stacie D. Gorman [phone]
STATE
Bureau of Commissions, Elections and Legislation -Alteration of Local Election Districts- 4 Pa. Code § 184 (16-36)	Spring 2006, 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.	L. Lawrence Boyle [phone]
State Board of Accountancy			Linda Dinger [phone]
-General Revisions- 49 Pa. Code, Chapter 11. (16A-559)	Spring 2006, as Final.	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.
State Architects Licensure Board			Linda Dinger [phone]
-Architect Registration Examination Requirements - 49 Pa. Code § 9.45(b) (16A-419)	Spring 2006, 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).
-Schedule of Civil Penalties- 49 Pa. Code § 43b.21. (number not yet assigned)	Spring 2006, as Proposed.	This regulation would amend the schedule of Act 48 civil penalties for violations of the Architects Licensure Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Auctioneer Examiners			Linda Dinger [phone]
-Correction to Fee Schedule - 49 Pa. Code § 1.41 (16A-646)	Spring 2006, as Final (Proposed- Omitted).	This regulation would correct the fee schedule in which a line was inadvertently deleted when the schedule was last amended. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a).
State Board of Barber Examiners			Hilarene Staller [phone]
-Student Records and Student Curriculum- 49 Pa. Code, Chapter 3 (16A-427)	Fall 2006, as Proposed	The 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 school or shop is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; and 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).
-Schedule of Civil Penalties- 49 Pa. Code § 43b.4 (16-32)	Spring 2006, as Final.	This regulation would amend the schedule of Act 48 civil penalties for violations of the Barbers' Licensing Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Certified Real Estate Appraisers			Michelle Smey [phone]
-General Revisions- 49 Pa. Code, Chapter 36. (16A-7014)	Spring 2006, as Proposed.	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.
State Board of Chiropractic			Deborah Smith [phone]
-Chiropractic specialties- 49 Pa. Code Ch. 5 (16A-4312)	Spring 2006, as Proposed.	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).
-Patient records- 49 Pa. Code § 5.51 (16A-4313)	Spring 2006, as Proposed.	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).
-Volunteer license- 49 Pa. Code § 5.20 (number not yet assigned)	Summer 2006, as Proposed.	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.
Commissioner, BPOA			Cynthia K. Montgomery [phone]
-Schedule of Civil Penalties- 49 Pa. Code §§ 43b.4, 43b.8 and 43b.9 (16-32)	Spring 2006, as Final.	The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission and State Board of Vehicle Manufacturers, Dealers and Salespersons that were previously codified as regulations under Act 48 of 1993. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
Corporations Bureau			Martha Brown [phone]
-UCC Revised Article 9- (16-35)	Fall 2006, 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.
State Board of Cosmetology			Hilarene Staller [phone]
-Accreditation of cosmetology schools- 49 Pa. Code §§ 7.111 and 7.113a (16A-4511)	Spring 2006, as Proposed.	This regulation amends the Board's existing regulations to clarify the accreditation requirements for cosmetology schools. Statutory Authority: Sections 6 and 11 of the Beauty Culture Law, 63 P. S. §§ 512 and 517.
-Removal of term ''manager'' - 49 Pa. Code, Chapter 7 (16A-4513)	Spring 2006, as Proposed.	This regulation amends Chapter 7 to delete all references to the manager's license, which was eliminated by Act 98 of 2002. Statutory Authority: Section 11 of the Beauty Culture Law, 63 P. S. § 517.
State Board of Dentistry			Lisa Burns [phone]
-Expanded Function Dental Assistants' Curriculum Requirements- 49 Pa. Code, Chapter 33 (16A-4616)	Summer 2006, as Proposed.	This regulation is intended to establish curriculum requirements for schools offering education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).
-Administration of Local Anesthesia by Dental Hygienists - 49 Pa. Code, Chapter 33 (16A-4617)	Spring 2006, as Proposed.	This regulation 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).
-Sexual Misconduct - 49 Pa. Code, Chapter 33 (16A-4618)	Spring 2006, as Proposed.	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).
- Dental Hygiene Scope of Practice - 49 Pa. Code § 33.205. (16A-4619)	Spring 2006, as Proposed.	This regulation is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).
-Volunteer license- 49 Pa. Code § 33.110 (number not yet assigned)	Summer 2006, as Proposed.	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).
State Board of Funeral Directors			Michelle Smey [phone]
-Professional Misconduct- 49 Pa. Code §§ 13.201, 13.202. (16A-4814)	Spring 2006, as Final.	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).
-General Revisions- 49 Pa. Code , Chap. 13 (number not yet assigned)	Spring 2006, as Proposed.	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).
-Forms Review- 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)	Spring 2006, 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).
-Preneed Funeral Arrangements- 49 Pa. Code, Chapter 13 (16A-4815)	Spring 2006, as Proposed	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).
State Board of Landscape Architects			Terrie Kocher [phone]
- General Revisions - 49 Pa. Code, Chapter 15. (16A-618)	Spring 2006, as Final.	The regulation would entail general revisions of the Board's current regulations. Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9).
State Board of Medicine			Tammy Radel [phone]
-Athletic Trainers- 49 Pa. Code, Chap. 16 (16A-4915)	Spring 2006, as Proposed	This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.
-Acupuncture Registration - 49 Pa. Code, Chapter 18, §§ 18.11-18.19 (16A-4919)	Spring 2006, as Final.	This proposed regulation will amend the Board's existing regulations so that they comport with the Act 49 amendments to the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.
-Physician Assistants- 49 Pa. Code, Chapter 18, Subchapter D (16A-4916)	Fall 2006, as Final.	This regulation amends the Board's regulations pertaining to physician assistants. Statutory Authority: Section 13 of the Medical Practice Act of 1985, 63 P. S. § 422.1.
-Respiratory Care Practitioners Continuing Education - 49 Pa. Code, Chapter 18, Subchapter F. (16A-4921)	Fall 2006, as Final.	This regulation is needed to carry out the legislative mandate of Act 55 of 2004 which required certified respiratory care practitioners to complete 20 credits of continuing education each biennium as a condition of certificate renewal. Statutory Authority: Section 1 of Act 55 of 2004 and section 36.1(f) of the Medical Practice Act of 1985, 63 P. S. § 422.36a(f).
-Volunteer License- 49 Pa. Code § 16.18 (number not yet assigned)	Summer 2006, as Proposed.	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.
State Board of Nursing			Ann Steffanic [phone]
-CRNP Program Approval- 49 Pa. Code §§ 21.260--278, 286-289. (16A-5119)	Spring 2006, as Final.	This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
-Licensed Dietitian-Nutritionist Regulations- 49 Pa. Code §§ 21.701--21.717 (16A-5120)	Spring 2006, as Final.	Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian-nutritionists. These regulations implement those amendments. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
-Temporary Practice Permits- 49 Pa. Code §§ 21.7 and 21.149 (16A-5121)	Spring 2006, as Final.	The regulation provides for temporary practice permits for graduate professional nurses and graduate practical nurses and for currently-licensed professional nurses and practical nurses practicing in other jurisdictions who apply for licensure in this Commonwealth. Statutory Authority: Sections 2.1(k) and 4.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 214.1; and sections 3.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 653.1 and 667.6.
-LPN/IV Therapy- 49 Pa. Code § 21.145 (16A-5122)	Spring 2006, 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.
-RN and LPN Program Examination Pass Rates- 49 Pa. Code, Chapter 21 (16A-5123)	Spring 2006, as Proposed.	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.
-CRNP General Revisions- 49 Pa. Code, Chapter 21, Subchapter C (16A-5124)	Spring 2006, as Proposed.	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.
-Fees for Approval of Nursing Education Programs- 49 Pa. Code, Chapter 21 (16A-5127)	Fall 2006, as Final.	This regulation updates the fees charged by the Board of the approval of nursing education programs at the professional nurse, licensed practical nurse, and certified registered nurse practitioner levels to reflect the current cost of providing these services. Statutory Authority: Section 11.2 of the Professional Nurse Law, 63 P. S. § 221.2, and section 17.5 of the Practical Nurse Law, 63 P. S. § 667.5.
-Fees for CRNP Continuing Education Course Approval- 49 Pa. Code, Chapter 21	Spring 2006, as Proposed.	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).
-Volunteer License- 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)	Summer 2006, as Proposed.	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).
State Board of Examiners of Nursing Home Administrators			Christina Stuckey [phone]
-Requirements for Admission to Examination- 49 Pa. Code § 39.5. (16A-627)	Spring 2006, as Proposed.	This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).
-Biennial Renewal Fees- 49 Pa. Code § 39.72 (16A-6210)	Fall 2006, as Final.	The regulation increases the biennial renewal fee for all nursing home administrators from $108 to $297. Statutory authority: Section 7.1(a) of the Nursing Home Administrators License Act, 63 P. S. § 1107.1(a).
State Board of Occupational Therapy Education and Licensure -Orders- 49 Pa. Code § 42.25 (16A-676)	Spring 2006, as Proposed.	This regulation would permit an occupational therapist to accept an order from a physician, podiatrist, optometrist or other practitioner authorized by law or facility policy to issue orders for medical and therapeutic measures; and to 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).	Christina Stuckey [phone]
State Board of Optometry -Volunteer License- 49 Pa. Code § 23.26 (number not yet assigned)	Summer 2006, as Proposed.	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			Gina Bittner [phone]
-Athletic Trainers- 49 Pa. Code, Chap. 16 (16A-5314)	Spring 2006, as Proposed	This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.
-Deletion of Exam Fees- 49 Pa. Code §§ 25.223 and 25.231 (16A-5315)	Spring 2006, as Final.	This regulation deletes references to examination fees from the Board's regulations because the national examiners set the fees rather than the Board. Statutory Authority: Section 13.1 of the Osteopathic Medical Practice Act, 63 P. S. § 271.13a.

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
-Respiratory Care Practitioners- 49 Pa. Code, Chapter 25 (16A-5317)	Fall 2006, as Final	This proposed regulation will amend the Board's regulations by including continuing education requirements for respiratory therapists. Statutory Authority: Section 10.2(f) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10b(f).
-Volunteer License- 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601-25.607. (number not yet assigned)	Summer 2006, as Proposed.	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.
State Board of Pharmacy			Melanie Zimmerman [phone]
-Technology and Automation- 49 Pa. Code, Chapter 27. (16A-5410)	Spring 2006, as Final.	The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. 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), (9).
-Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations- 49 Pa. Code, Chapter 27 (16A-5412)	Spring 2006, as Final.	Section 2 of Act 102 of 2002 requires the Board to adopt regulations establishing the parameters of written agreements or protocols for drug therapy management in institutional settings and to establish education and training standards and practice guidelines under which pharmacists may be authorized to administer injectable medications, biologicals, and immunizations to persons who are more than eighteen years of age. Statutory Authority: Sections 9.1 and 9.2 of the Pharmacy Act, 63 P. S. §§ 390-9.1 and 390-9.2.
-Supplies and Equipment- 49 Pa. Code, Chapter 27 (16A-5415)	Spring 2006, 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).
-General Revisions- 49 Pa. Code, Chapter 27 (16A-5416)	Spring 2006, as Proposed.	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).
-Continuing Education- 49 Pa. Code § 27.32 (16A-5417)	Spring 2006, as Proposed.	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.
-Syringes and Needles- 49 Pa. Code, Chapter 27 (16A-5418).	Spring 2006, as Proposed.	The regulation would amend existing regulations requiring a prescription for dispensing needles and syringes in a pharmacy. 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).
State Board of Podiatry			Gina Bittner [phone]
-Licensure Applications- 49 Pa. Code, Chapter 29, §§ 29.52--29.54 (16A-447)	Spring 2006, as Final.	This regulation would amend the current regulations to eliminate references to the Health Care Services Act and replaces them with references to the Medical Care Availability and Reduction of Error (Mcare) Act. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.
-Sexual Misconduct- 49 Pa. Code, Chapter 29 (16A-448)	Spring 2006, as Final.	Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts of a sexual nature which the Board deems unprofessional when occurring or resulting form a professional relationship. Statutory Authority: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3).
-Certificate of Authority to Perform Acupuncture- 49 Pa. Code, Chapter 29 (16A-449)	Spring 2006, as Proposed.	This regulation is required to establish the fees and regulate the practice of acupuncturists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.
-Volunteer License- 49 Pa. Code § 29.55 (number not yet assigned)	Summer 2006, as Proposed.	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.
State Board of Psychology			Christina Stuckey [phone]
-Education Requirements- 49 Pa. Code § 41.31 (16A-6313)	Spring 2006, as Final.	This regulation would require all doctoral degree programs in psychology and fields related to psychology within North American and the U.S. territories to either be accredited by the APA/CPA or designated by ASPPB. Statutory Authority: Sections 3.2(1) and 6(a)(2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and 1206(a)(2).
-Qualifications- 49 Pa. Code, Chapter 41 (16A-6315)	Spring 2006, 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).
-Electronic Transfer of Continuing Education Rosters- 49 Pa. Code § 41.59 (16A-6317)	Spring 2006, as Proposed.	This regulation would require continuing education sponsors to electronically transfer continuing education rosters to the Board. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.
-Code of Ethics- 49 Pa. Code § 41.61 (16A-6318)	Spring 2006, as Proposed	The 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).
State Real Estate Commission			Deborah Misheck [phone]
-Seller's Property Disclosure Statement - 49 Pa. Code § 33.335a (16A-5611)	Spring 2006, as Final (with 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).
-Education- 49 Pa. Code § 35.384, 35.385. (16A-5613)	Summer 2006, as Proposed.	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.
-Disclosure Summary (Consumer Notice)- 49 Pa. Code § 35.336 (16A-5614)	Spring 2006, as Proposed.	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.
-Schedule of Civil Penalties- 49 Pa. Code § 43b.8 (16-32)	Spring 2006, as Final.	This regulation would amend the existing Act 48 Schedule of Civil Penalties formerly promulgated by the Real Estate Commission in 1998. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors			Sandra Matter [phone]
-Continuing Education- 49 Pa. Code, Chapter 47 (16A-6912)	Spring 2006, as Final.	This regulation would require that licensees complete continuing education as a condition of license renewal. Statutory Authority: Sections 18(a) 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1918(a) and 1906(2).
-Sexual Misconduct- 49 Pa. Code §§ 50.20-50.25. (16A-691)	Spring 2006, as Final.	This regulation defines the professional relationship and prohibits sexual intimacies between a client/patient and the social worker, clinical social worker, marriage and family therapist or professional counselor. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).
-Supervised Clinical Experience- 49 Pa. Code, §§ 47.12c, 48.13 and 49.13. (16A-698)	Spring 2006, as Final.	This regulation permits supervised clinical experience to include group supervisory sessions within educational, institutional and agency settings without the requirement that the supervisor supervise no more than six individuals at the same time. Statutory Authority: Sections 6(2) and 7 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1906(2) and 1907.
-Technical Amendments- 49 Pa. Code §§ 47.1 and 47.1a. (16A-699)	Fall 2006, as Final.	This regulation clarifies the definition of ''accredited school'' and deletes the requirement that supervisors of clinical social work applicants for licensure hold a license to practice social work in this Commonwealth so long as they are currently licensed to practice social work in any jurisdiction. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.
-Child Abuse Reporting Requirements- 49 Pa. Code, Chapters 48 and 49 (16A-6910)	Fall 2006, as Final.	This regulation would extend the mandatory reporting requirements of the Child Protective Services Law (CPSL) to marriage and family therapists and professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2) and Section 6383 of the CPSL, 23 Pa.C.S. § 6383.
-Standards of Professional Conduct- 49 Pa. Code, Chapters 47, 48 and 49 (16A-6911)	Spring 2006, as Proposed.	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).
State Board of Examiners in Speech-Language and Hearing			Sandra Matter [phone]
-Continuing Education- 49 Pa. Code, Chapter 45. (16A-6802)	Spring 2006, as Final.	This regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory Authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7).
-Assistant Regulations- 49 Pa. Code §§ 45.301-308. (16A-6801)	Spring 2006, as Proposed.	This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(8).
-Standards of Practice and Conduct- 49 Pa. Code § 45.103 (number not yet assigned)	Spring 2006, as Proposed.	This regulation would provide the Board with an enforcement mechanism to compel a mental or physical exam where there is probable cause to believe a licensee is unable to practice with reasonable skill and safety because of illness, drunkenness, excessive use of controlled substances, chemicals or other materials or as a result of a physical or mental condition. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).
State Board of Vehicle Manufacturers, Dealers and Salespersons -Act 48 of 1993 Civil Penalties- 49 Pa. Code, Chapter 43b. (16-32)	Spring 2006, as Final.	This regulation would amend the schedule of Act 48 of 1993 civil penalties for violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Teresa Woodall [phone]
State Board of Veterinary Medicine			J. Robert Kline [phone]
-Certified Veterinary Technician Specialties- 49 Pa. Code § 31.38. (16A-5716)	Spring 2006, 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.
-Biennial Renewal Fees- 49 Pa. Code § 31.41 (16A-5717)	Spring 2006, as Proposed	This Proposed Regulation would increase the biennial license renewal fee for veterinarians from $225 to $300, and would increase the biennial renewal fee for certified veterinary technicians from $60 to $75. Statutory Authority: Section 13(a) of the Veterinary Medicine Practice Act, 63 P. S. § 485.13(a).
-Veterinary Dentistry- 49 Pa. Code, Chapter 31 (16A-5718)	Summer 2006, as Proposed.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.
-Record Keeping- 49 Pa. Code, Chapter 31 (16A-5719)	Summer 2006, as Proposed.	This regulation would establish standards for veterinary medical records. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.
-Facilities- 49 Pa. Code, Chapter 31 (16A-5720)	Fall 2006, as Proposed.	This regulation would establish standards for veterinary facilities 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.
-Professional Conduct - 49 Pa. Code, Chapter 31 (16A-5721)	Summer 2006, as Proposed	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.
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.)	Spring 2006	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.)	Spring 2006	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.)	Summer/Fall 2006	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.	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).)	Summer/Fall 2006	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 § 241.1. Preliminary Provisions. (This proposed regulation will delete the definition of the phrase ''class of service multiplier'' from the definitional section of the regulations.)	Authorized by the State Employees' Retirement Board at their June 1, 2005 meeting. SERS is currently drafting a response to IRRC's comments on the regulation and preparing the regulation for final-form presentation.	The definition to be repealed is outmoded and does not apply to the benefit formula currently in use.	Salvatore Darigo, Esq. [phone] Robert Gentzel [phone]
4 Pa. Code § 243.8. Membership, Credited Service, and Eligibility for Benefits. (This proposed regulation will delete the classes of service which were closed to new members on March 1, 1974)	Authorized by the State Employees' Retirement Board at their June 1, 2005 meeting. SERS is currently drafting a response to IRRC's comments on the regulation and preparing the regulation for final-form presentation.	The regulation has been rendered obsolete by changes to SERS' enabling legislation and benefit formula.	Salvatore Darigo, Esq. [phone] Robert Gentzel [phone]
4 Pa. Code § 249.2 Preliminary Provisions. (This proposed regulation will delete the portion of this regulation dealing with public inspection of certain records of the State Employees' Retirement Board.)	Authorized by the State Employees' Retirement Board at their June 1, 2005 meeting. SERS is currently preparing the regulation for final-form presentation.	The regulation is outmoded, unenforceable and is unnecessary due to the Right-To-Know Law.	Salvatore Darigo, Esq. [phone] Robert Gentzel [phone]
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	January 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 2006, 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 2006, 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
177 - Emission Inspection 67 Pa. Code, Chapter 177	September 2006	This regulation must be retained to stay in compliance with clean-air goals. Due to various Vehicle Code amendments and other desired changes, amendments to the regulations are required in the areas of: inspection station signage.	John Munafo 717-787-2171
43 - Temporary Registration Cards and Plates 67 Pa. Code, Chapter 43	September 2006	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
175 - Vehicle Equipment and Inspection 67 Pa. Code, Chapter 175	September 2006	Several changes in law currently supercede some facets of this regulation. Due to various Vehicle Code amendments and other desired changes, amendments to the regulations are required in the areas of: hours of inspection station operation, the coordination of inspection and registration, street rod equipment requirements, refunds for unused stickers and definitions.	John Munafo 717-787-2171
75 - Driver's License Exam 67 Pa. Code, Chapter 75	March 2006	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	September 2006	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	September 2006	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	September 2006	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	September 2006	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 2006	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	March 2006	The regulation needs to be revised to allow chiropractors to complete the school bus driver physical. HB1912, Act 76, passed July 15, 2004, requires us to allow chiropractors to complete this physical.	Chris Miller 717-346-9479
221 - Obligations of Insurer and Vehicle Owner Pa. Code, Chapter 221	December 2006	This regulation should be updated to reflect the changes being proposed 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	September 2006	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
471 - Aviation 67 Pa. Code, Chapter 471	August 2006	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
102 - Child Passenger Protection 67 Pa. Code, Chapter 102	March 2006	Under Act 229, regulations are needed exempting the use of child passenger restraint systems when impractical for physical reasons, including but not limited to, medical reasons or size of the child.	Louis Radar & Nancy Thomas 717-787-6853
201 - Engineering & Traffic Studies 67 Pa. Code, Chapter 201	January 2006	The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 201 will be deleted and its language will become part of the new regulation.	Ken Williams & Dave Mallin 717-772-5462
203 - Work Zone Traffic Control 67 Pa. Code, Chapter 203	January 2006	The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 203 will be deleted and its language will become part of the new regulation.	Ken Williams & Dave Mallin 717-772-5462
204 - Additional Traffic Control Devices in Highway Work Zones - Statement of Policy 67 Pa. Code, Chapter 204	January 2006	The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 204 will be deleted and its language will become part of the new regulation.	Ken Williams & Dave Mallin 717-772-5462
211 - Official Traffic Control Devices 67 Pa. Code, Chapter 211	January 2006	The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 211 will be deleted and its language will become part of the new regulation.	Ken Williams & Dave Mallin 717-772-5462
212 - Official Traffic Control Devices 67 Pa. Code, Chapter 212	January 2006	Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices. Chapter 212 is a new regulation which will be used as the instrument to adopt the Manual.	Ken Williams & Dave Mallin 717-772-5462
217 - Posting of Private Parking Lots 67 Pa. Code, Chapter 217	January 2006	The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 217 will be deleted and its language will become part of the new regulation.	Ken Williams & Dave Mallin 717-772-5462
441 - Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code, Chapter 441	March 2006	To be updated to better reflect current requirements.	Dan Smyser 717-787-6227
457 - Prequalification of Bidders 67 Pa. Code, Chapter 457	June 2006	The Bureau of Construction Materials is proposing changes to the Regulations due to policy changes and ECMS bid procedure changes since the last modification which was in 1998.	Joseph Cribben 717-787-3733

[Pa.B. Doc. No. 06-199. Filed for public inspection February 3, 2006, 9:00 a.m.]