257 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[35 Pa.B. 810]

   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 18th 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 in this agenda (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	June 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 [phone]
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 2005, 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 [phone]
PA Code Title VI Chapter 15 Protective Services for Older Adults	December 2005, 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 [phone]
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 [phone]
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2	June, 2005, 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, 2005, 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, 2005, 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]
Maple Products 7 Pa. Code Chapter 83	December, 2005, as proposed.	This regulation is required by the Maple Products Act (3 Pa. C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products.	Lenchen Radle [phone]
Amusement Rides 7 Pa. Code Chapter 139	July, 2005, 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	September, 2005, 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]
Fruit Tree Improvement Program 7 Pa. Code Chapter 120	November, 2006, 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, 2005, 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, 2006, 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	April, 2005, 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	March, 2005, as proposed	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, 2005, 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, 2005, 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	May, 2005, 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	November, 2005, 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]
Seed Testing Labeling and Standards 7 Pa. Code Chapter 111	June, 2006, 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, 2006, 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.	March, 2005, as proposed.	This will establish regulations for the newly established 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	Mid-to-Late 2005	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Community Development Grant Program 12 Pa. Code Chapter 141 (final regulation with rulemaking omitted)	Spring 2005	The regulation will repeal Sections 141.301 through 141.309 relating to the Section 108 Loan Program, as these sections no longer effectively fulfill the goals for which they were intended.	Jill B. Busch [phone]
Building Energy Conservation Standards 12 Pa. Code Chapter 147 (final regulation with rulemaking omitted)	Spring 2005	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	Spring 2005	As required by the Manufactured Housing Improvement Act (act of November 29, 2004, P. L. _____ , No. 158)), the department will propose 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]
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 2005, 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 (717) 783-5153 ext. 3210
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking March 2006.	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 [phone]
CORRECTIONS
Revisions to regulations governing the Department, 37 Pa. Code Chapters 91, 93 and 94	Winter, 2005 as final	The regulations will be revised to eliminate unnecessary regulations and to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law.	John S. Shaffer, Ph.D. [phone]
Revisions to regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	Spring, 2005 as proposed	The regulations will be revised to eliminate unnecessary regulations and modernize necessary regulations. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for county correctional institutions that are not inconsistent with law.	Jill C. Fluck [phone]
EDUCATION
Higher Education General Provisions 22 Pa. Code, Chapter 31	January 2005, as proposed.	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   William Larkin [phone]
Higher Education - Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 36, 40 & 42	July 2005, 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. They are also necessary to 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. They are also necessary to 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 approval 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   William Larkin [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	February 2005, as proposed.	Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators.	Jim Buckheit [phone]   or   William Larkin [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	July 2005, 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 Pennsylvania Code, section 4.32(a).	Jim Buckheit [phone]   or   Lee Burket [phone]
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & B	Fall 2005, 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	February 2005, as proposed	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   Sarah Pearce [phone]
Regulations of the State Board of Private Licensed Schools 22 Pa. Code, Chapter 73	January 2005, as final.	These regulatory changes reduce the records requirements for schools, amend the definition of seminar to remove reference to entry level training, requires attendance at an orientation seminar prior to submission of an application for licensure, authorizes the Board to reject applications for licensure or program approval if the names of the school or the programs are misleading, mandates the maintenance of a surety bond throughout the period of licensure, requires payment of program application fees if more than one program is submitted with a new license application, and provides clarification of wording and policy.	Patricia Landis [phone]
Regulations of the State Board of Private Licensed Schools 22 Pa. Code, Chapter 73	Accepted by Board on November 4, 2004. April 2005, 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]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure	The Environmental Hearing submitted a rules package to the Office of General Counsel on October 14, 2004 and submitted an amended rules package on November 17, 2004.	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) 1021.32(a) (Filing)--Amend to allow parties to file documents in the Board's Pittsburgh office. 3) 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. 4) 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.'' 5) 1021.53 (Amendments)--Allow for the amendment of complaints and allow a more lenient standard for amending notices of appeal. 6) 1021.51(g)-(j) (Commencement, form and content)--Amend who receives notice of a notice of appeal and who is named as an automatic party. 7) 1021.91-95 (Motions)--Create a new and separate rule for summary judgment motions. 8) 1021.141 (Termination of proceedings)--Correct typographical errors. 9) 1021.101(a) (Prehearing procedure)--Eliminate the bifircation of expert and non-expert discovery, and change certain prehearing deadlines.	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
Storage, Handling & Use of Explosives 25 Pa. Code, Chapter 211	January 2005 as Proposed-omitted Final Rulemaking	This final rulemaking will add provisions for the protection and security of explosives magazines including new definitions, requiring location information security checks, perimeter security and development of a security plan.	Mike Steiner [phone]
Radiation Protection Program Fees Radiation Protection Act 25 Pa. Code, Chapter 218	April 2005 as proposed	This proposal incorporates an automatic Consumer Price Index based adjustment to fees currently received from x-ray machine registrants, radioactive material licensees, accelerator licensees and x-ray service providers.	Ray Urciuolo [phone]
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act 25 Pa. Code, Chapter 245	April 2005 as proposed	With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997.	Ray Powers [phone]
Newtown Creek Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	April 2005 as proposed	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 lakes.	Bonita Moore [phone]
Concentrated Animal Feeding Operations (CAFO) and Other Livestock Agricultural Operations Clean Streams Law 25 Pa. Code, Chapters. 92.5a, 91 and 92	April 2005 as final	The CAFO regulations are being revised in response to the recently enacted Federal CAFO Final Rule, which established mandatory requirements for all CAFOs to apply for an NPDES permit and to develop and implement a nutrient management plan. The new effluent guidelines establish performance expectations for existing and new sources to ensure appropriate storage of manure, as well as expectations for proper and effective manure and wastewater management, including compliance with the Effluent Limitation Guidelines.	Cedric Karper [phone]
Bond Adjustment and Bituminous Mine Subsidence Control and Standards 25 Pa. Code, Chapters 86 and 89	April 2005 as final	This rulemaking amends Section 86.152(a) to require DEP to request additional bonds if changes to mining or reclamation activities cause the cost of reclamation to increase. It also amends Chapter 89 provisions dealing with subsidence control plans, subsidence control performance standards, relief from responsibility for subsidence damage, water supply replacement performance standards, and procedures for resolving both subsidence claims and water supply damage claims.	Harold Miller [phone]
Noncoal Permits and Performance Standards Amendments 25 Pa. Code, Chapter 77	May 2005 as proposed	This rulemaking will amend Chapter 77 to clarify noncoal mine permit application requirements and performance standards. It will also correct grammatical errors and terminology.	Mick McCommons [phone]
Hazardous Waste Delisting 25 Pa. Code, Chapter 261a	June 2005 as final	MAX Environmental Technologies, Inc. (MAX) submitted a petition to the EQB that requests the delisting of hazardous waste (K061) Electric Arc Furnace Dust (EAFD) from steel production. EAFD is treated at MAX's Yukon, PA facility. The Department is proposing to exclude (delist) MAX's treated EAFD from the lists of hazardous wastes contained in 40 CFR Subpart D of Part 261. The lists are incorporated by reference in Pennsylvania's hazardous waste regulations.	Rick Shipman [phone]
Lake Redesignations Package Clean Streams Law 25 Pa. Code, Chapter 93	June 2005 as final.	This proposal identifies three lakes (Blue Marsh Reservoir, Berks County; Lake Luxembourg, Bucks County; Walker Lake, Snyder County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth lakes.	Robert Frey [phone]
Laboratory Accreditation Regulations Environmental Laboratory Accreditation Act 25 Pa. Code, Chapter 252	July 2005 as final	Authorized by Act 90 of 2002 (The Environmental Laboratory Accreditation Act), this proposal will establish standards for laboratories and set forth requirements laboratories must meet to be accredited.	Richard Sheibley [phone]
Air Quality Miscellaneous Amendments Air Pollution Control Act 25 Pa. Code, Chapter 127	July 2005 as proposed	This rulemaking will amend provisions related to temporary operating permit duration, public notice and fee provisions.	Terry Black [phone]
New Chapter 301 Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act 25 Pa. Code	September 2005 as proposed	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.	Veronica Kasi [phone]
Water Replacements and Bonding Incentives Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapters 87 & 88	September 2005 as proposed	The rulemaking will amend Chapters 87 and 88 relating to water rights and replacement to clarify regulatory language consistent with federal regulations. It will also delete the requirement that additional funds from the Remining Financial Assurance Fund be used to complete reclamation of forfeited mine sites if the actual cost of reclamation exceeds the amount reserved in the fund.	Mick McCommons [phone]
Chapter 109--Safe Drinking Water Act 25 Pa. Code, Chapter 109	October 2005 as proposed	This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring/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; monitoring/reporting requirements for disinfectants and disinfection byproducts; requirements regarding the practice of engineering, land surveying and geology; reporting requirements for failure to monitor; and comprehensive monitoring plan requirements.	Lisa Daniels [phone]
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code, Chapter 85	November 2005 as proposed	A proposal is being developed to update Chapter 85 based on a recently completed bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County.	Andrew Zemba [phone]
New Source Review Air Pollution Control Act 25 Pa. Code	Contingent on outcome of pending litigation and EPA action	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 [phone]
Action by the State Conservation Commission
Nutrient Management 25 Pa. Code, Chapter 83	April 2005 as final	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 [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
GENERAL SERVICES
Responsibility 4 Pa. Code, Chapter 60	Spring, 2005, as proposed	This chapter must be amended to conform with the legislative changes required by the Commonwealth Procurement Code and to provide for uniform Commonwealth agency debarment and suspension procedures.	Mary B. Seiverling [phone]
State Art Commission 4 Pa. Code, Chapter 65	Summer, 2005, as final omitted	The legislation creating the State Art Commission was sunsetted.	Mary B. Seiverling [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Winter, 2005, as proposed	The regulation should be amended to more accurately reflect present practice and to delete antiquated contract provisions.	Mary B. Seiverling [phone]
Contract Compliance 4 Pa. Code, Chapter 68	Spring, 2005, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services.	Mary B. Seiverling [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Spring, 2005, as proposed	Amendments are required because parking locations have been changed.	Mary B. Seiverling [phone]
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Summer, 2005, as proposed	The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses.	Mary B. Seiverling [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Summer, 2005, as final omitted	These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code.	Mary B. Seiverling [phone]
Metrology Calibration Fees 4 Pa. Code, Chapter 10 and 110	Winter, 2005, as proposed	New regulations are being promulgated with the Department of Agriculture to enable the Department of General Services to charge fees as required by Act No. 1996-155, 3 Pa.C.S. § 4178, for metrology laboratory calibration, type evaluation and other testing services performed by the Pennsylvania Standards Laboratory.	Mary B. Seiverling [phone]
Service of Process on General Services	Summer, 2005, as proposed	New regulation to require that legal process for suits against DGS be served on Chief Counsel's office.	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.	May 2005, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. [phone]
Communicable Diseases 28 Pa. Code § 27.1 et seq.	July 2005, 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 [phone]
Head Injury Program 28 Pa. Code § 4.1 et seq.	June 2005, as proposed	The amendments to existing regulations will address client enrollment and provider issues. Pursuant to 35 P. S. § 6934(e).	Crystal Fox [phone]
Controlled Substances, Drugs, Devices and Cosmetics 28 Pa. Code § 25.72	July 2005, as final	The amendments to existing regulations will add five substances to the list of Schedule I Controlled Substances to allow for enforcement and prosecution under the Controlled Substances, Drugs, Devices and Cosmetics Act of the illegal manufacturer, distribution, sale and use of these substances. Pursuant to 35 P. S. §§ 780-103 and 780-104.	Keith B. Fickel [phone]
Supplemental Nutrition Program for Women, Infant's and Children (WIC) 28 Pa. Code § 1101.1 et seq.	June 2005, 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 as set out in federal law. The amendments will also clarify the availability of minimum inventory during store reviews.	Jalene Kolb [phone]
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), 963.15(a), and 25 Pa. Code § 965.4((9).	Summer/Fall 2005	PENNVEST recommends the following revisions: (1).  Delete Sections 963.12(a) (6) and the second sentence of Section 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. While PENNVEST has always construed these costs to be encompassed with in the statutory definition of ''eligible cost'' (35 P. S. § 751.3), the agency chose as a matter of policy not to fund this planning process because the Pennsylvania Department of Environmental Protection already provided grant funds for 50% of these costs. PENNVEST is revising its policy because the agency is concerned that, in some instances, needed projects are unable to move forward in a timely manner due to a lack of funds to conduct this necessary planning. PENNVEST, therefore, is removing the impediment to funding imposed by the above regulatory provisions. (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. While PENNVEST has historically allowed these costs for public facilities provided the profits were used to reduce system user costs it has not allowed financial assistance for such processes for private facilities. PENNVEST is revising its policy because it wants to support recycling and other innovative wastewater projects and the current policy has the potential to stifle such projects. In order to further these objectives, PENNVEST is removing the impediment to funding imposed by the above regulatory provision. (3).  Amend 25 PA Code 963.13 (c) by revising the section to read as follows: ''Terms of Loans. Advance funding loans will be for a term of five years. The term will be payment of interest only for 59 months and repayment scheduled for month 60. The scheduled repayment date, month 60, shall not exceed 1 year from completion of the advance funding project. If the recipient of an advance funding loan subsequently receives a construction loan from the Authority, the term of the outstanding advance funding loan shall be amended to carry both the interest only term and the repayment term of the construction loan, provided the interest only term shall not be extended beyond five years.''
		(4).  Amend 25 Pa. Code § 963.15(a) by revising the first sentence to read in its entirety: ''The term of the loans shall normally be twenty years beginning on the date construction is completed or three years from of the date of loan closing, whichever occurs first.'' This amendment provides a level loan repayment and a defined term at loan closing (normally twenty years). Under the old policy the loan term was determined sometime in the future after construction closed out. Consequently, under the old policy a Borrower with a project that took two years to construct would have had only eighteen years to repay the loan. Under the new policy the repayment term would be twenty years plus two years of interest only payments to provide for construction. (5).  Amend 25 Pa. Code § 965.4 (9) to place a period after the word ''Board'' and delete the remainder of the sentence. This amendment allows those costs associated with the acquisition of land under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to be financed by PENNVEST. This change is necessary to reflect a shift in policy by the Environmental Protection Agency and the desire of PENNVEST to take advantage of the policy shift to finance such costs.	Jayne B. Blake [phone]
INSURANCE
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Spring/Summer 2005, 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 [phone]
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Summer/Fall 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13	Spring 2005, as proposed.	Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14	Spring 2005, as proposed.	Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations.	Peter J. Salvatore, Regulatory Coordinator [phone]
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14	Spring/Summer 2005, as proposed.	Repeal pursuant to Executive order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Motor Vehicle Financial Responsibility Law Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28	Spring 2005, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, Regulatory Coordinator [phone]
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--9	Spring/Summer 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91	Summer/Fall 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57	Spring/Summer 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Annuity Disclosure, (NEW Chapter 83b)	Spring/Summer 2005, as proposed.	A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be used with the selling of annuities.	Peter J. Salvatore, Regulatory Coordinator [phone]
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40	Summer/Fall 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42	Spring/Summer 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Life Insurance Illustrations (New Chapter 87a)	Summer/Fall 2005, as proposed.	Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form.	Peter J. Salvatore, Regulatory Coordinator [phone]
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195	Summer/Fall 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62	Spring/Summer 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101	Spring/Summer 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Medicare Supplement, 31 Pa. Code, Chapter 89, 89.770--89.790	Winter/Spring 2005, as final omitted.	This will update the Medicare Supplement regulation to meet Federal guidelines.	Peter J. Salvatore, Regulatory Coordinator [phone]
Cash Advances to Insurance Companies, 31 Pa. Code, Chapter 105, §§ 105.1--105.2	Summer 2005, as proposed.	Amend to apply to all types of insurers, reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Spring/Summer 2005, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Description of Reserves Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Spring/Summer 2005, as proposed	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10	Spring/Summer 2005, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers, 31 Pa. Code, Chapter 163 §§ 163.1--163.20	Spring 2005, as proposed	Amend to update provisions relating to trust agreements and letters of credit.	Peter J. Salvatore, Regulatory Coordinator [phone]
Property and Casualty Actuarial Opinion (NEW)	Summer/Fall 2005, 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 [phone]
Medical Catastrophe Loss Fund, 31 Pa. Code, Chapter 242 §§ 242.1--242.18	Spring/Summer 2005, as proposed.	Amend the regulation to be consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator [phone]
Health Maintenance Organizations, 31 Pa. Code, Chapters 301, §§ 301.1--301.126	Spring/Summer 2005, as proposed.	Amend pursuant to Executive order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Premium Finance Companies (NEW chapter)	Spring/Summer 2005, as proposed.	New regulation addressing issues pertaining to Premium Finance Companies.	Peter J. Salvatore, Regulatory Coordinator [phone]
Viatical Regulations (NEW chapter)	Spring/Summer 2005, as proposed.	New regulation addressing issues pertaining to the Licensing of Viatical Brokers.	Peter J. Salvatore, Regulatory Coordinator [phone]
LABOR AND INDUSTRY
Underground Storage Facilities, Title 34, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Fall 2005.	This regulation will address requirements for natural or man-made caverns used for LPG storage.	Edward Leister [phone]
Elevators and Lifting Devices, Title 34 Bureau of Occupational and Industrial Safety	Submit proposed rulemaking Summer 2005.	Will make minor revisions and corrects. Will also incorporate legislative changes required under Act 230 approved December 1, 2004.	Edward Leister [phone]
Uniform Construction Code (UCC) regulations. Act 45 of 1999. Title 34, Chaps. 401--405. Bureau of Occupational and Industrial Safety	Submit final-omitted regulations in Summer 2005.	Will make revisions to UCC required under legislation enacted in 2004: Acts 13, 92 and 158.	Jon Balson [phone]
Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety.	Submit final-omitted regulation in Winter 2005.	Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority.	Edward Leister [phone]
Boiler requirements, Title 34. Bureau of Occupational and Industrial Safety.	Submit final-form regulation in Winter 2005.	The regulations will update requirements for boilers and unfired pressure vessels in accordance with the Boiler and Unfired Pressure Vessel Law.	Edward Leister [phone]
Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Fall 2005.	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 [phone]
Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services	Submit proposed rulemaking in Summer 2005.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	Mark Frankel [phone]
Office of Vocational and Rehabilitation, Title 34.	Submit Proposed Rulemaking Winter 2005	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 [phone]
Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213.	Submit proposed rulemaking in Spring 2005.	PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures.	Richard C. Lengler [phone]
Flammable and Combustible Liquids, Title 37, Chap. 13. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Fall 2005.	Amendment to Flammable and Combustible Liquids regulation setting standards for unattended self-service gasoline dispensing. National Fire Protection Association standards will be incorporated.	Doug McAdam [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services	Submit proposed rulemaking in Spring 2005.	Update Unemployment Compensation tax and select benefit regulations.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits	Submit proposed rulemaking in Spring 2005.	Update requirements and procedures for filing benefit and claim applications.	Jeri Morris [phone]
Bureau of Workers' Compensation Title 34, Chapter 121	Submit proposed rulemaking in Spring 2005.	Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology.	Nathaniel Holmes [phone]
Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment	Submit proposed rulemaking in Spring 2005.	Update processes governing medical care and costs under the Workers' Compensation Act.	Eileen Wunsch [phone]
Bureau of Workers' Compensation, Title 34, Chapter 123	Submit proposed rulemaking Spring 2005.	Update procedures for qualifications of vocational experts to reflect passage of Act 88 (if needed).	Eileen Wunsch [phone]
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa. Code Section 7.1 et. seq.	October 2005, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Dennis T. Guise [phone]
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 203	February 2005, as proposed	The Commission intends to update regulations promulgated pursuant to 53 Pa. C.S. § 2164(1), (8), and (14) (relating to Part III, Subpart C, of the Local Government Code).	Syndi L. Guido [phone]
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System.
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 Pa. Bulletin in the fall of 2004.	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 2004 for publication in the PA Bulletin.	Chester Cope [phone]
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code Chapter 215	Publication anticipated within 2-3 months	This proposal is being made to amend 22 Pa. Code, Chapter 215 and would delete the transitional provisions for electing to participate in an optional alternate retirement plan contained in § 215.36. The provision is no longer needed, and may conflict with current Retirement Code provisions.	Frank Ryder [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
PUBLIC WELFARE
Personal Care Homes 55 Pa. Code Chapters 2600, 2620	May 2005, as final-form	This regulation strengthens health and safety requirements for personal care homes.	Ruth O'Brien [phone]
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	April 2005, 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	September 2005, 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]
Subsidized Child Care Eligibility 55 Pa. Code Chapter 3040 & 3041	May 2005, as final-form	This regulation clarifies and revises the eligibility requirements for child care subsidy.	Ruth O'Brien [phone]
Criminal History 55 Pa. Code Chapters 125, 133, 141	September 2005, as proposed	This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan. 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]
Medical Support Rights 55 Pa. Code Chapter 187	September 2005, as proposed	This regulation will require Medical Assistance applicants recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility. 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]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	July 2005, 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	July 2005, 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	September 2005, 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]
Medical Assistance for Workers with Disabilities 55 Pa. Code Chapter 140	June 2005, as proposed	This regulation provides Medicaid benefits to Workers with Disabilities (MAWD) who would otherwise not be eligible, effective January 1, 2002. The Ticket to Work and Work Incentives Improvement Act of 1999 (P. L. 106-170) gave states the option of providing categorically needy Non-Money Payment Medicaid benefits to workers with disabilities who have higher incomes and resources than the current Medicaid standards. Pennsylvania exercised this option by passing Act 2001-77 of June 26, 2001 (P. L. 755), also known as the Tobacco Settlement Act, which establishes MAWD. MAWD is intended to provide individuals with disabilities the opportunity to enter and remain in the workforce while receiving Medicaid coverage. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, disability advocacy organizations and other client advocacy groups.	Ruth O'Brien [phone]
Breast and Cervical Cancer Prevention and Treatment Program 55 Pa. Code Chapter 140	June 2005, 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]
Semi-annual Budgeting 55 Pa. Code Chapters 142, 168, 175, and 183	September 2005, as proposed	This regulation will change the manner of reporting and adjusting earned income for employed clients. Reporting of earned income will be required for specific periods within six-month intervals. Benefits will be adjusted on a post-adjustment basis so that income reported for period A will affect benefits received in period B, etc. 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]
Medical Assistance Changes (MAC) 55 Pa. Code Chapters 133, 140, 141, 178 and 181	May 2005, 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]
Time Out Benefits 55 Pa. Code Chapter 281	September 2005, as final-form	The Department plans to readopt the existing regulation to allow continuation of the Time Out program which benefits cash assistance recipients by allowing them to ''stop the clock'' for purposes of applying the 60-month limitation for the receipt of benefits under the Temporary Assistance to Needy Families (TANF) program.	Ruth O'Brien [phone]
Changes in Nursing Care Eligibility--Long Term Care (LTC) 55 Pa. Code Chapters 178 and 181	May 2005, as proposed	This regulation will change the eligibility requirements for applicants and recipients in long-term care facilities. Recipients of Medicaid program benefits will be required to contribute more toward the cost of long-term care services. Applicants for Medicaid Program benefits will be required to use more of their own resources to pay for their care before being authorized eligible for the Medicaid Program.	Ruth O'Brien [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	December 2005, 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 2006, 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 MA 55 Pa. Code Chapters 1101, 1121, 1149	December 2005, as final-omitted	This final regulation codifies Act 1994-49 provisions that affect the medical benefits of General Assistance recipients over the age of 21 when these services are solely state funded. These recipients are no longer eligible for (1) dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; (2) medical supplies and equipment except as prescribed for family planning or with home health agency service and (3) prescription drugs except legend birth control drugs. This regulation also implements Act 1996-35 provisions imposing a $150 deductible on inpatient and outpatient hospital services and ambulatory surgical center services, except laboratory and x-ray services for General Assistance and General Assistance-related Medical Assistance recipients. In addition, this regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. 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 2005, 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 2005, 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	December 2005, 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	September 2005, as final-omitted	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 2006, as proposed	This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa. B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chapters 1101, 1141, 1150, 1221	March 2005, 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	September 2005, 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	March 2005, 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	March 2005, 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	May 2005, as proposed	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,	March 2005, 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 2005, as final-omitted	This regulation will extend the county nursing facility transition rates for the period July 1, 2003, through June 30, 2008, and will increase the disproportionate share incentive payments to qualified nursing facilities for the period July 1, 2003 through June 30, 2007. 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]
MA Day of Care 55 Pa. Code Chapter 1187	July 2005, as final-form	The regulation will revise the definition of an MA day of care to include days of care for which an MCO under contract with the Department or LTCCAP provider pays 100 percent of the negotiated rate or fee for the MA resident's care in a nursing facility and days of care for which the resident and an MCO under contract with the Department or LTCCAP provider pays 100 percent of the negotiated rate or fee for the MA resident's care in the nursing facility. In addition, the regulation will further expand the definition of an MA day of care to include days of care for which the Department makes payment for MA residents receiving hospice services in a nursing facility.	Ruth O'Brien [phone]
Metropolitan Statistical Area (MSA) 55 Pa. Code Chapter 1187	July 2005, as final-form	The proposed regulation changes the manner in which the Department establishes the peer groups used to set net operating prices under the case-mix payment system. The Department is proposing to change the payment system to specify that it will use the historical MSA group classification issued by the Federal Office of Management and Budget (OMB) in OMB Bulletin No. 99-04 to classify nursing facilities into peer groups. The Federal OMB revised its definitions of MSA and recommended that the definitions not be used for the development or implementation of any Federal, state or local nonstatistical policies without full consideration of the effects that the changes will have on the programs. If the Department adopts the Federal MSA changes, it has been determined that nursing facilities (except hospital-based and special rehabilitation nursing facilities) participating in the MA Program would experience, in the aggregate, a negative impact in their reimbursement rate under the case-mix payment system.	Ruth O'Brien [phone]
Home Health Regulation 55 Pa. Code Chapter 1249	June 2005, 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]
Medical Assistance Provider Appeal Procedures 55 Pa. Code Chapter 41	October 2005, 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	December 2005, 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	July 2005, 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 2006, as proposed	This proposed regulation revises the current regulations pertaining to organization, staffing, and supervision for licensed psychiatric outpatient services.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers 55 Pa. Code Chapter 5260	February 2006, as proposed	This proposed regulation establishes requirements for the certification, criteria for services, delivery of services and payment of family-based mental health services for children and adolescents.	Ruth O'Brien [phone]
REVENUE
Construction Contractors 61 Pa. Code, Article II	March 2005, as proposed.	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities.	Douglas Berguson [phone]
Construction Contractors 61 Pa. Code §§ 31.11, 46.2, 46.3, 46.6 and 46.9	March 2005, as proposed.	Administrative Clean Up of Chapter 46 Construction Contractors and Amendment to § 31.11 to avoid duplication of regulations.	Douglas Berguson [phone]
Prebuilt Housing	July 2005, 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 [phone]
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	March 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 [phone]
Small Games of Chance Amendments 61 Pa. Code, Part VII	June 2005, 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 [phone]
Support Offset and Other Personal Income Tax Provisions	April 2005, as proposed	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
SECURITIES COMMISSION
Rule 144A exchange transactions 64 Pa. Code § 203.203	Final Rulemaking Feb 2005	The Commission plans to propose a regulation to exempt from registration certain transactions in Rule 144A securities with certain accredited investors.	Mary Peters [phone]
Investment adviser registration procedures 64 Pa. Code § 303.012	Final Rulemaking Feb 2005	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	Mary Peters [phone]
Investment adviser capital requirements 64 Pa. Code § 303.042	Proposed Rulemaking Feb 2005	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	Mary Peters [phone]
Investment adviser required records 64 Pa. Code § 304.012	Final Rulemaking Feb 2005	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	Mary Peters [phone]
Investment adviser required financial reports 64 Pa. Code § 304.022	Final Rulemaking Feb 2005	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	Mary Peters [phone]
Investment adviser custody or possession of funds or securities of clients 64 Pa. Code § 404.013	Final Rulemaking Feb 2005	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules	Mary Peters [phone]
STATE
State Board of Accountancy General Revisions 49 Pa. Code, Chapter 11. (16A-559)	Spring 2005, as Proposed.	The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.	Dorna Thorpe [phone]
State Architects Licensure Board Definition of Sole Proprietorship and Clarification of Renewal Fee for Firms 49 Pa. Code §§ 9.2 and 9.3 (16A-418)	Spring 2005, as Final.	This regulation is needed to clarify which types of firm practice are subject to the annual fee for registered architecture firms. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Dorna Thorpe [phone]
Schedule of Civil Penalties- 49 Pa. Code § 43b.21. (16-32)	Summer 2005, as Final	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 Athletic Commission Communicable Disease Testing 58 Pa. Code §§ 1.1 and 28.1 (16-34)	Spring 2005, as Final	This regulation would expand the Commission's current regulations that authorize the testing of boxers for HIV to permit testing for other communicable diseases, including Hepatitis C. Statutory Authority: Sections 103(b) and 501of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501.	Greg Sirb [phone]
State Board of Auctioneer Examiners Deletion of Reference to Examination Fees 49 Pa. Code § 1.41. (16A-647)	Spring 2005, as Final.	The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a).	Tammy Radel [phone]
Correction to Fee Schedule 49 Pa. Code § 1.41 (number not yet assigned)	Spring 2005, 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 Schedule of Civil Penalties 49 Pa. Code § 43b.4 (16-32)	Summer 2005, 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).	Linda Dinger [phone]
Examinations and Student Work 49 Pa. Code, Chapter 3 (number not yet assigned)	Spring 2005, as Proposed.	The regulation would update the existing regulations to conform to current board practice and statutory provisions pertaining to examinations and amends the regulations relating to student records and student hours to allow for part-time school attendance. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).
State Board of Certified Real Estate Appraisers General Revisions 49 Pa. Code, Chapter 36. (16A-7014)	Spring 2005, 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.	Michelle Smey [phone]
State Board of Chiropractic Chiropractic specialties 49 Pa. Code Ch. 5 (16A-4312)	Spring 2005, 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).	Deborah Smith [phone]
Patient records 49 Pa. Code § 5.51 (16A-4313)	Summer 2005, 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)	Spring 2005, as Proposed.	This regulation is required by 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 Schedule of Civil Penalties 49 Pa. Code §§ 43b.4; 43b.8; 43b.9; 43b.10a and 43b.11a (16-32)	Summer 2005, as Final.	The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission; State Board of Vehicle Manufacturers, Dealers and Salespersons; and State Architects Licensure Board 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).	Cynthia K. Montgomery [phone]
Bureau of Commissions, Elections & Legislation Fees for Notary Services (16-33)	Spring 2005, as Final.	This regulation would increase the fees that notaries are permitted to charge for their services. An increase has not occurred since February 1984. Statutory Authority: Sections 21 and 22.3 of the Notary Public Law, 57 P. S. §§ 167 and 168.3.	Nancy Chavez [phone]
Corporations Bureau UCC Revised Article 9 (16-35)	Summer 2005, 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.	Christal Pike-Nase [phone]
State Board of Cosmetology Biennial Renewal Fee Increase- 49 Pa. Code § 7.2 (16A-4512)	Spring 2005, as Proposed.	The proposed regulation would increase the biennial renewal fees for licenses issued by the Board. Statutory Authority: Section 16 of the Beauty Culture Law, 63 P. S. § 522.	Linda Dinger [phone]
Accreditation of cosmetology schools 49 Pa. Code §§ 7.111 and 7.113a (16A-4511)	Spring 2005, 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.
State Board of Dentistry Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia 49 Pa. Code §§ 33.331--33.344. (16A-4614)	Spring 2005, as Final.	This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and the enactment of Act 135 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o) and Section 2 of Act 135 of 2002.	Lisa Burns [phone]
Biennial Renewal Fees 49 Pa. Code §§ 33.3 and 33.339 (16A-4615)	Spring 2005, as Final.	This regulation would increase the biennial renewal fees for dentists and for anesthesia permit holders. Statutory authority: Sections 4(b) and 11.2(6) of the Dental Law, 63 P. S. §§ 123(b) and 130c(a)(6).
Expanded Function Dental Assistants' Curriculum Requirements 49 Pa. Code, Chapter 33 (16A-4616)	Summer 2005, 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)	Summer 2005, 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).
Volunteer license 49 Pa. Code § 33.110 (number not yet assigned)	Spring 2005, 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 Registration Board for Engineers, Land Surveyors and Geologists Biennial Renewal Fees and Examination Fees 49 Pa. Code § 37.17 (16A-478)	Spring 2005, as Proposed.	The regulation would increase biennial renewal fees for all license classes, delete examination fees as unnecessary, and make editorial and organizational changes to the other fees. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(d) and (e).	Shirley Klinger [phone]
State Board of Funeral Directors Professional Misconduct 49 Pa. Code §§ 13.201, 13.202. (16A-4814)	Spring 2005, as Proposed.	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).	Michelle Smey [phone]
General Revisions 49 Pa. Code, Chap. 13 (number not yet assigned)	Summer 2005, 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).
Continuing Education 49 Pa. Code, Ch. 13 (16A-489)	Spring 2005, as Final.	This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board adopt regulations to implement continuing education, as now required by Section 10(b) of the Funeral Director Law. Statutory Authority: 63 P. S. § 479.10(b).
Limited License 49 Pa. Code §§ 13.1, 13.12 and 13.77 (16A-4810)	Spring 2005, as Final.	This regulation is being promulgated to implement the provisions of Act 48 of 2000 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: Section 9(c) of the Funeral Director Law, 63 P. S. § 479.9(c).
Forms Review 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)	Spring 2005, 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 2005, 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 General Revisions 49 Pa. Code, Chapter 15. (16A-618)	Spring 2005, as Proposed.	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).	Shirley Klinger [phone]
State Board of Medicine Athletic Trainers 49 Pa. Code, Chap. 16 (16A-4915)	Spring 2005, 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.	Joanne Troutman [phone]
Licensure of Medical Doctors 49 Pa. Code §§ 17.1(b), 17.2(c) and 17.5(c)(2) (16A-4917)	Summer 2005, as Final.	This regulation would delete the requirements that graduates of foreign medical schools demonstrate 32 months and 4000 hours of instruction and 72 weeks of clinical instruction. It would also amend the regulation pertaining to licensure by endorsement to prove the Board greater discretion in assessing the qualifications of physicians who have extensive practice experience. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
Disciplinary Procedures 49 Pa. Code, Chapter 16, Subchapter E. (16A-4918)	Spring 2005, as Final.	This regulation would amend the Board's disciplinary procedures regulations to codify existing practices and to assure that in light of the passage of the Mcare Act, the procedures suggested by the Health Care Services Malpractice Act survive. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.
Acupuncture Registration 49 Pa. Code, Chapter 18, §§ 18.11--18.19 (16A-4919)	Spring 2005, as Proposed.	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)	Spring 2005, as Proposed.	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.
Subpoenas 49 Pa. Code § 16.95a (16A-4920)	Spring 2005, as Statement of Policy	This statement of policy outlines the circumstances under which a medical doctor may comply with a subpoena for medical records and not be subject to discipline for violating patient confidentiality. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
Respiratory Therapists' Continuing Education 49 Pa. Code, Chapter 18, Subchapter F. (16A-4921)	Summer 2004, as Proposed.	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)	Spring 2005, as Proposed.	This regulation is required to amend the current regulations regarding volunteer licenses to conform to recent 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 CRNP Program Approval 49 Pa. Code §§ 21.260--278, 286--289. (16A-5119)	Spring 2005, 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).	Ann Steffanic [phone]
CNRP Prescriptive Authority Fees 49 Pa. Code § 21.253. (16A-5116)	Spring 2005, as Final.	This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2.
Programs in Transition 49 Pa. Code § 21.51 (16A-5118)	Summer 2005, as Final.	This regulation sets requirements for hospital-based registered nurse diploma education programs to transition to degree-granting status under the authority of a college or university which is pursuing, but has not yet attained, regional accreditation. Statutory Authority: Section 2.1(k) and Section 6 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 216.
Licensed Dietitian Nutritionist Regulations 49 Pa. Code §§ 21.701--21.717 (16A-5120)	Spring 2005, as Proposed.	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 2005, 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)	Summer 2005, as Proposed.	This regulation addresses the LPN's role in working with peripherally inserted catheters (PIC 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 (number not yet assigned)	Summer 2005, 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.
State Board of Nursing (cont'd) Volunteer License 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)	Spring 2005, 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 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic [phone]
State Board of Examiners of Nursing Home Administrators Requirements for Admission to Examination 49 Pa. Code § 39.5. (16A-627)	Summer 2005, 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).	Christina Stuckey [phone]
State Board of Occupational Therapy Education and Licensure Oral Orders 49 Pa. Code § 42.25 (16A-675)	Spring 2005, as Final (with Proposed Omitted)	The regulation would amend the Board's regulations to conform to a change made by Act 30 of 2004 which now permits an occupational therapist to implement therapy for a specific medical condition based on a referral from a licensed optometrist. Statutory Authority: Sections 5(b) and 14 of the Occupational Therapy Practice Act, 63 P. S. §§ 1505(b) and 1514.	Lisa Burns [phone]
State Board of Optometry General Revisions 49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528)	Spring 2005, as Final.	The Board is making general revisions to its current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory Authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14).	Deborah Smith [phone]
Volunteer License 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2005, 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).
State Board of Osteopathic Medicine Continuing Medical Education 49 Pa. Code, Chap. 16 (16A-5313)	Spring 2005, as Final.	This regulation would implement the act of March 20, 2002 (Act 13). Act 13 requires the Board to promulgate regulations requiring osteopathic physicians to complete CME in patient safety and risk management. Statutory Authority: Section 910 of Act 13.	Gina Bitner [phone]
Athletic Trainers 49 Pa. Code, Chap. 16 (16A-5314)	Spring 2005, 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 2005, as Proposed.	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.
Subpoenas 49 Pa. Code § 25.292 (16A-5316)	Spring 2005, as Statement of Policy	This statement of policy outlines the circumstances under which an osteopathic physician may comply with a subpoena for medical records and will not be subject to discipline for violating patient confidentiality. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.
Volunteer License 49 Pa. Code, Chapter 25, Subchapter L, §§25.601--25.607. (number not yet assigned)	Spring 2005, 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 Technology and Automation 49 Pa. Code, Chapter 27. (16A-5410)	Spring 2005, 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).	Melanie Zimmerman [phone]
Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations 49 Pa. Code, Chapter 27 (16A-5412)	Spring 2005, 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.
Deletion of Examination Fees 49 Pa. Code §27.91 (16A-5413)	Spring 2005, as Final.	This proposed amendment deletes references to the examination fees from the board's schedule of fees to avoid the necessity of amending the regulations whenever the test administrator changes the fees. Statutory Authority: Sections 4(j) and 6(k)(1) of the Pharmacy Act, 63 P. S. §§ 390-4(j), and 390-6(k)(1).
Biennial Renewal Fees 49 Pa. Code §27.91 (16A-5414)	Spring 2005, as Proposed.	This proposed regulation increases the biennial renewal fees for assistant pharmacists, registered pharmacists, and pharmacy permits. Statutory Authority: Sections 3(i), 6(k)(9) and 8.2 of the Pharmacy Act, 63 P. S. §§ 390-3(i); 390-6(k)(9); and 390-8.2.
Supplies and Equipment 49 Pa. Code, Chapter 27 (16A-5415)	Summer 2005, 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)	Summer 2005, 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).
State Board of Podiatry Professional Liability Insurance 49 Pa. Code, Chapter 29, §§ 29.52--29.54 (16A-447)	Spring 2005, 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.	Gina Bittner [phone]
Sexual Misconduct 49 Pa. Code, Chapter 29 (16A-448)	Spring 2005, 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 from a professional relationship. Statutory Authority: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3).
Registration and Practice of Acupuncture 49 Pa. Code, Chapter 29 (16A-449)	Spring 2005, as Proposed.	This regulation is required to establish the registration 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)	Spring 2005, as Proposed.	This regulation is required to amend the Board's regulations to conform to recent 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 Education Requirements 49 Pa. Code § 41.31 (16A-6313)	Spring 2005, 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).	Christina Stuckey [phone]
Qualifications 49 Pa. Code, Chapter 41 (16A-6315)	Summer 2005, 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).
Biennial Renewal Fees 49 Pa. Code § 41.12 (16A-6316)	Spring 2005, as Proposed.	This regulation would increase the biennial renewal fee for licensed psychologists. Statutory Authority: Section 3.3(a) of the Professional Psychologists Practice Act, 63 P. S. § 1203.3(a).
State Real Estate Commission Reciprocal License 49 Pa. Code, Chapter 35. (16A-5610)	Spring 2005, as Final.	This regulation implements Act 58 of 2003, which adds provisions to the Real Estate Licensing and Registration Act related to reciprocal licenses. Act 58 became effective on February 28, 2004. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.	Deborah Sopko
Schedule of Civil Penalties 49 Pa. Code § 43b.8 (16-32)	Summer 2005, 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 Continuing Education 49 Pa. Code, Chapter 47 (16A-693)	Spring 2005, as Proposed.	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).	Cindy Warner [phone]
Dual Licensing of Substance Abuse Services 49 Pa. Code § 49.17 (16A-697)	Spring 2005, as Statement of Policy.	This Statement of Policy establishes the Board's position on the dual licensing of providers of Substance Abuse Services by the Board and the Department of Health. Statutory Authority: Section 2 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1902.
Sexual Misconduct 49 Pa. Code §§ 50.20--50.25 (16A-691)	Spring 2005, 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 2005, as Proposed.	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.
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Technical Amendments 49 Pa. Code §§ 47.1 and 47.1a. (16A-699)	Summer 2005, as Prop	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, Chapter 48 and 49 (16A-6910)	Spring 2005, as Proposed.	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.
Code of Ethics 49 Pa. Code, Chapter 47, 48 and 49 (16A-6911)	Summer 2005, 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 Continuing Education 49 Pa. Code, Chapter 45. (16A-6802)	Spring 2005, 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).	Cindy Warner [phone]
Assistant Regulations 49 Pa. Code §§ 45.301--308. (16A-6801)	Spring 2005, 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).
State Board of Vehicle Manufacturers, Dealers and Salespersons Protest Procedures 49 Pa. Code, Chapter 19. (16A-608)	Spring 2005, as Proposed.	This regulation would establish procedures to be followed in franchise protest hearings. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).	Teresa Woodall [phone]
Act 48 of 1993 Civil Penalties 49 Pa. Code, Chapter 43b. (16-32)	Summer 2005, 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).
State Board of Veterinary Medicine Certified Veterinary Technician Specialties 49 Pa. Code § 31.38. (16A-5716)	Spring 2005, 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.	J. Robert Kline [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 241.1. (definition of class of service multiplier)	Summer 2005	Regulations have been superseded by statutory amendments	M. Catherine Nolan [phone]
4 Pa. Code § 243.8.Classes of service.			Sean Sanderson [phone]
4 Pa. Code § 249.2(a) Administrative duties of the Board.
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	June 2005, 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 [phone]
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2005, 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 [phone]
Administration of Megan's Law--Neighbor Notification 37 Pa. Code Chapter 55	June 2005, 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 [phone]
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
Emission Inspection 67 Pa. Code, Chapter 177	2005-2006	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, inspection sticker ordering procedures, the number of tests per hour, trigger provisions for program test types and frequency and definitions.	John Munafo [phone]
Temporary Registration Cards and Plates 67 Pa. Code, Chapter 43	2005-2006	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.	Joe Centurione [phone]
School Buses and School Vehicles 67 Pa. Code, Chapter 171	September 2005	This regulation revision is needed to allow new and improved safety equipment and vehicle technology that is not included in the current regulation. Manufacturers are making new buses available with these safety improvements, but the current regulations do not include installation or use of this new safety equipment.	Chris Miller [phone]
Vehicle Equipment and Inspection 67 Pa. Code, Chapter 175	2005-2006	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 or inspection station operation, the coordination of inspection and registration, street rod equipment requirements, refunds for unused stickers, definitions and the elimination of delayed language.	John Munafo [phone]
Driver's License Exam 67 Pa. Code, Chapter 75	April 2005	HB1912, Act 76 passed July 15, 2004, requires us to allow chiropractors to complete this physical. The regulation will be revised to allow chiropractors to complete the learner's permit physical.	Anne Titler [phone]
Special Mobile Equipment 67 Pa. Code, Chapter 13	2005	Act 211 of 2004, which takes affect January 29, 2005, changed the vehicle code definition of special mobile equipment. The regulation needs revised to align that definition change.	Joe Centurione [phone]
Transfer, Exchange & Reclassification of Registration 67 Pa. Code, Chapter 51	June 2005	An amendment is needed to eliminate the transfer fee dollar amount reference, and replace with a reference to Section 1927 of the Vehicle Code. This will eliminate regulatory changes every time a fee increase occurs.	Phil VanBriggle [phone]
School Bus Drivers 67 Pa. Code, Chapter 71	September 2005	The regulation needs to be revised to allow Chiropractors to complete the school bus driver physical. HB1912, Act 76, passed July 15, 2004, requires this physical.	Chris Miller [phone]
Occupational Limited License 67 Pa. Code, Chapter 86	March 2005	Ordered by legislation to clarify investigative process for occupational limited license. SB8, Act 24, passed September 30, 2003, requires the Department to promulgate regulations to clarify how and when the Department will require additional information or conduct an investigation regarding a petition for an occupational limited license.	Anne Titler [phone]
Ignition Interlock 67 PA. Code, Chapter 88	March 2005	Ordered by legislation to clarify procedures and penalties associated with ignition interlock. SB8, Act 24, passed September 30, 2003, requires the Department to promulgate regulations to provide administrative direction for the ignition interlock program and to provide a mechanism for making a financial-hardship exemption available for the ignition interlock requirements.	Anne Titler [phone]
Messenger Services 67 Pa. Code, Chapter 255	2005-2006	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.	Joe Centurione [phone]
Child Passenger Protection 67 Pa. Code, Chapter 102	June 2005	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.	D.J. Reed [phone]
201--Engineering & Traffic Studies 67 Pa. Code, Chapter 201	June 2005	Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted.	Richard Sesny [phone]
Work Zone Traffic Control 67 Pa. Code, Chapter 203	June 2005	Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted.	Richard Sesny [phone]
Additional Traffic Control Devices in Highway Work Zones - Statement of Policy 67 Pa. Code, Chapter 204	June 2005	Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted.	Richard Sesny [phone]
Official Traffic Control Devices 67 Pa. Code, Chapter 211	June 2005	Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted.	Richard Sesny [phone]
Posting of Private Parking Lots 67 Pa. Code, Chapter 217	June 2005	Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted.	Richard Sesny [phone]
Hazardous Material Transportation 67 Pa. Code, Chapter 403	June 2005	Some changes are required to accommodate changes in the Federal Hazardous Materials Transportation Regulations.	Dan Smyser [phone]
Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code, Chapter 441	June 2005	Update to better reflect current requirements.	Dan Smyser [phone]
Pre-qualification of Bidders 67 Pa. Code, Chapter 457	June 2005	36 P. S. Section 670-404.1 ''Prequalification of Bidders'' mandates the Department to have regulations to establish and maintain a system for the qualification of competent and responsible bidders.	Joe Cribben [phone]
Alcohol Highway Safety Schools and Driving Under the Influence Program Coordinators 67 Pa. Code, Chapter 94	June 2005	This is a new regulation being promulgated to comply with 75 Pa.C.S. § 1549(b).	Dave Holt [phone]

[Pa.B. Doc. No. 05-257. Filed for public inspection February 4, 2005, 9:00 a.m.]