GOVERNOR'S OFFICE Regulatory Review [29 Pa.B. 726] Executive Order 1996-1, which was signed by Governor Ridge on February 6, 1996, 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 sixth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.
The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.
Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.
This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed (as well as any considered subsequent to publication of this Agenda) is published.
Regulation Being Proposed Date Agency Considered for Promulgation Need and Legal Basis for Action Contact ADMINISTRATION
No regulations being developed or considered at this date. AGING PA Code Title VI Chapter 11 Older Adult Daily Living Centers July 2000, as proposed. This regulation will, as part of the Cross-System Licensing Project, be consolidated with regulations from DPW and DOH and published as part of regulations to be proposed as Adolescent and Adult Day Center Licensing Regulations. Review is also occurring as a result of passage of Acts 169-96 and 13-97 and of Executive Order 1996-1. Robert Hussar 717-783-6207 PA Code Title VI Chapter 15 Protective Services For Older Adults September 1999, as proposed. This regulation is being reviewed as a result of passage of Acts 169-96 and 13-97 and of Executive Order 1996-1; it received preliminary stakeholder review in May, 1998; the Department will make a report to the General Assembly on this topic by June 30, 1999, as required by law. Robert Hussar 717-783-6207 PA Code Title VI Chapter 21 Domiciliary Care Services for Adults June 2000, as proposed. Review is occurring as a part of a Departmental evaluation and updating process for this community -based living arrangement. Robert Hussar 717-783-6207 PA Code Title VI Chapter 3 Fair Hearings and Appeals December 1999, as proposed. This regulation has been initially reviewed by stakeholders. Review is occurring in response to passage of Acts 169-96 and 13-97 and as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 AGRICULTURE Agricultural Land Conservation Assistance Grant Program
7 Pa. Code Chapter 138hFebruary, 1999, as proposed. This regulation will amend current regulations to refine the criteria pursuant to which the Department awards grants for farmland protection projects of Statewide scope. The draft proposed regulation is currently under review at the Office of General Counsel. Raymond Pickering
(717) 783-3167''Clean and Green'' Regulations 7 Pa. Code Chapter 137 July, 1999, as proposed. The Department plans to revise the regulations promulgated under the ''Clean and Green Law'' (72 P. S. §§ 5490.1-5490.13) to promote uniform and consistent interpretation and enforcement of the Act statewide. Act 156 of 1998 (effective December 21, 1998) revised the Act and established new responsibilities for the Department and county assessors. Raymond Pickering
(717) 783-3167Statement of Policy: Interim Guidelines under the ''Clean and Green Law'' Effective by June 19, 1999 The ''Clean and Green Law'' was recently amended, and requires the promulgation of interim guidelines by June 19, 1999 to implement the amendments. Formal regulations are required by April 30, 2001. Raymond Pickering
(717) 783-3167Agricultural Conservation Easement Purchase Program September, 1999, as proposed. Act 138 of 1998 amended the Agricultural Area Security Law by permitting local government unit participation in agricultural conservation easement purchases. The regulations at 7 Pa. Code Chapter 138e must be revised to implement this statutory change. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food Store Regulations January, 2000, as proposed. This regulation would provide the retail food industry needed and requested guidance for the safe handling of food. The Food Act (31 P. S. §§ 20.1-20.18) is the statutory basis for this regulation. Lenchen Radle (717) 772-3234 Food Employee Certification
7 Pa. Code Chapter 83June, 1999, as final. This regulation is required by the Food Employee Certification Act (3 Pa.C.S. §§ 6501-6510), and will establish standards for training of certain food industry personnel. Martha Melton (717) 782-8354 Maple Products July, 2000, 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 (717) 772-3234 Harness Racing Commission June, 1999, 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. Richard Sharbaugh
(717) 787-5196Horse Racing Commission April, 1999, as final. This regulation will revise several definitions, as well as clarify provisions related to ''coupled entries'' and trifecta races. Benjamin H. Nolt, Jr.
(717) 787-1942Bureau of Market Development. Standards for Grading Veal Calves March, 1999, as proposed. The regulation would bring the Commonwealth's standards for grading veal calves into conformity with USDA standards. The regulation would amend current regulatory authority at 7 Pa. Code Chapter 101 by deleting standards for grading veal calves and adopting USDA standards by reference. Bradley Jones (717) 787-6041 Land application of soil and groundwater contaminated with agricultural chemicals June 1999, as proposed. This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. Phillip M. Pitzer (717) 772-5206 Farm Safety and Occupational Health Grant Program June, 1999, as proposed. This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pa. Bulletin. This regulation would formalize the statement of policy by which the Farm Safety and Occupational Health Grant Program operates. The Program awards grants to fund projects to increase the knowledge and awareness of farm safety measures and occupational health issues among the Commonwealth's rural youth. Phillip M. Pitzer (717) 772-5206 Fruit Tree Improvement Program December, 2000, 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 (717) 787-5609 Certification of Virus-Tested Geraniums September, 1999, 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 (717) 787-5609 Swimming Pool Certification June, 1999, as proposed. This regulation will address the EPA's recent reclassification of Chlorine as an ''anti-microbial'' rather than a pesticide. Since the substance is no longer considered a pesticide the Department will no longer regulate persons who apply it. David M. Scott (717) 772-5214 Dog Law July, 1999, 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 21, 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. Richard Hess (717) 787-4833 Weights, Measures and Standards February, 1999, as final. This regulation is intended to update the Department's regulatory authority and make it consistent with the provisions of the Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101-4193). Charles Bruckner
(717) 787-6772Domestic Animals October, 1999, 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). John Enck, DVM (717) 783-6677 Aquaculture Development December, 1999, as proposed. This regulation will implement the requirements of the recently enacted Aquacultural Development Law. John Enck, DVM (717) 783-6677 BANKING
Secondary Mortgage Loan Act regulations. Summer 1999, as proposed. Section 16(1) of the Secondary Mortgage Loan Act (''SMLA''), 7 P. S. § 6616(1), provides authority for the Department to promulgate regulations applicable to licensees and applicants for licenses under the SMLA. The Department has evaluated the need for regulatory guidance to be provided to second mortgage residential lenders, brokers sponsoring brokers, and broker's agents under the SMLA. Laurie S. Kennedy,
(717) 787-1471Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions. Spring 1999, as proposed. The existing leeway investments regulations are located at 10 Pa. Code §§ 27.1 - 27.4. These regulations were promulgated pursuant to authority stated in sections 103(a), 307, 311(d)(vi), and 504(b)(x) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a), 307, 311(d)(vi), and 504(b)(x), and can be amended pursuant to the same statutory authority. Leeway investments are made by Pennsylvania state-chartered banks in stock, bonds, notes, or debentures of corporations formed to promote the public welfare and community development, expand the economy, or provide for social reform. The Department has evaluated the need for additional regulatory guidance in the context of modernizing leeway investment authority for Pennsylvania state-chartered banking institutions, including amending the parameters for Pennsylvania state-chartered banking institutions. David H. Bleicken
(717) 787-1471Amendments to existing Consumer Discount Company Act regulations. Spring 1999, as proposed. Section 12 of the Consumer Discount Company Act (''CDCA'') 7 P. S. § 6212, provides authority for the Department to promulgate regulations applicable to consumer discount companies. Act 167 of 1998 amended section 13.Q of the CDCA in such manner as to warrant amendment of an existing regulation at 10 Pa. Code § 41.3(1). Reginald S. Evanst
(717) 787-1471''Other investments'' regulations for Pennsylvania state-chartered banking institutions. Spring 1999, as proposed. Sections 103(a) and 315(g) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a) and 315(g), provide authority for the Department to promulgate regulations to allow Pennsylvania state-chartered banking institutions to make investments not otherwise authorized by the Banking Code. The Department has evaluated the need for such regulatory guidance and authority in the context of modernizing investment authority for Pennsylvania state-chartered banking institutions. Reginald S. Evans
(717) 787-1471BUDGET No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Tax-Exempt Bond Allocation Fall, 1999, as proposed. The existing regulation and statement of policy will be rescinded and replaced with new regulations as a result of the passage of Act 100 of 1998, which repealed the act of December 20, 1985 (P. L. 483, No. 113), known as the Tax-Exempt Bond Allocation Act and established new Tax-Exempt Bond Allocation provisions. Jill B. Busch (717) 720-7314 Commercial Motion Picture Sales; Tax Exemption Certificate
12 Pa.Code Chapter 33Fall 1999, as proposed. The regulation will prescribe a Pennsylvania Exemption Certificate (FORM REV-1220) as the form to be used by producers of commercial motion pictures, who are qualified to take advantage of the PA Sales and Use Tax exclusion provided by Section 204(54) of the Tax Reform Code of 1971. Jill B. Busch (717) 720-7314 COMMISSION ON CRIME AND DELINQUENCY No regulations being developed or considered at this date. CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants September 1999, as proposed. 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. Daniel A. Devlin (717) 787-3444 State Forest Rules and Regulations December 1999, as proposed. This proposal is an update to the State Forest Rules and Regulations which were published in the PA Bulletin December 5, 1998. Due to the controversy and confusion caused by two sections which had been in the proposed rulemaking of the State Forest Rules and Regulations - Section 21.26 (1) Horses and Pack Animals; Section 21.27 (1) Bicycles and Persons - Powered Vehicles, these sections were deleted from the final rulemaking of the State Forest Rules and Regulations in order to address these issues and concerns separately. The Department is currently in consultation with a user work group to redraft these two sections of the regulation. Michael Palko (717) 783-7941 CORRECTIONS
Motivational Boot Camp Act 61 P. S. Section 1221 et seq. February 1999, as proposed The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Victoria S. Freimuth
(717) 975-4860Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95. February 1999, as proposed. The regulation will be revised to eliminate unnecessary regulations and modernize necessary regulations, particularly those affecting the transfer of inmates between state and county correctional facilities. William M. Reznor
(717) 975-4876Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. Publication as proposed regulations is anticipated within next 6 months. The purpose of the review is 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 Commissioner of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law. J.D. Shutt
(717) 975-4860EDUCATION
Pupil Personnel Services Pupil Attendance Students
22 Pa. Code, Chapters 7, 11, 12August 1999, as proposed. These proposed revisions to existing chapters of regulations are necessary to align provisions of Chapter 12 in compliance with recently-enacted legislation and court decisions; to accurately reflect current practices; delete non-regulatory language; and eliminate non-regulatory provisions. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Special Education Services and Programs 22 Pa. Code, Chapter 14 and 22 Pa. Code, Chapter 342 May 1999, as proposed. These regulations are necessary to establish procedures for the identification of students who are in need of special education services and programs and to set forth requirements and procedures for the delivery of those services and programs. The review of these current regulations will focus on current federal and state law regarding special education services and programs to ensure compliance, consistent and accurate terminology and application of existing provisions. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. §§ 1-101--26-2606-B). Peter Garland (717) 787-3787 School Buildings 22 Pa. Code, Chapter 21 August 1999, as proposed. These regulations are necessary to provide uniform standards and procedures for seeking Departmental approval in school building projects. The proposed revisions are necessary to provide clarification and to reflect current practice. These revisions are proposed under authority of the Public School Code of 1949 (P. L. 30, No.14) Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval - 22 Pa. Code, Chapters 31, 36, 40, 42 February 1999, 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 time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No.14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Branch Campuses for State-supported Institutions - 22 Pa. Code, Chapters 34 June 1999, as proposed. These regulations are necessary to establish procedures for the approval of branch campuses. Review and revision are necessary to ensure that the regulations are consistent with current practice and terminology. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Gifted Education
22 Pa. Code, Chapter 16April 1999, as final. These regulations establish separate rules for programs and services for gifted students apart from those established for other special needs students. Special education regulations (Chapters 14 and 342) are largely driven by federal action. Gifted education is a state program. Separation of enabling regulations will permit greater efficiency and effectiveness in program operations. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B --26-2606-B. Peter Garland (717) 787-3787 Certification of Professional Personnel
22 Pa. Code, Chapter 49March 1999, as final. These regulations and revisions are necessary to ensure that those individuals preparing to be teachers receive a quality education and are competent to teach in the disciplines and areas for which they are certified. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 General Standards for Preparation of Professional Educators
22 Pa. Code, Chapter 354January 1999, as proposed. These standards will provide general requirements for programs which prepare professional educators in the Commonwealth. Pennsylvania colleges and universities must meet these standards to obtain or retain Pennsylvania Department of Education approval to conduct professional educator programs leading to Pennsylvania certification. These regulations are being promulgated under authority of 22 Pa. Code, Chapter 49. Samuel Marcus (717) 783-6794 College and University Security 22 Pa. Code, Chapter 33 March 1999, as proposed. These regulations govern the responsibility of institutions of higher education for the provisions of college and university security information and the collection and reporting of crime statistics. Revisions are necessary to incorporate provisions for the establishment of and access to daily campus crime logs. These regulations are promulgated under authority of the College and University Security Information Act (P. L. 443, No. 73)(24 P. S. §§ 2502-1 to 2502-5). Peter Garland (717) 787-3787 Program Standards and Eligibility Criteria for the Higher Education Opportunity Act 22 Pa. Code, Chapter 44 March 1999, as final. These regulations establish program requirements and eligibility criteria for Act 101 programs in colleges and universities. Revisions update eligibility criteria to reflect current income levels. These regulations are promulgated under authority of (P. L. 423, No. 101 § 3 and 4)(24 P. S. § 2510-303, § 2510-304). Peter Garland (717) 787-3787 Community Colleges 22 Pa. Code, Chapter 35 February 1999, as proposed. These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are proposed in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 116 ''Radiation Emergency Response Fund'' July 1, 1999, as final. Needed to simplify grant program. Radiation Protection Act. Mark Goodwin 717-651-2010 4 Pa. Code Chapter 117 ''Radiation Transportation Emergency Response Fund'' July 1, 1999, as final. Needed to simplify grant program. Radiation Protection Act. Mark Goodwin 717-651-2010 4 Pa. Code Chapter 120b ''Public Safety Emergency Telephone Program'' December 1, 1999, as proposed. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 4 Pa. Code Chapter 120c ''Training and Certification Standards for 911 Emergency Communications Personnel'' December 1, 1999, as proposed. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 4 Pa. Code Chapter 120d ''911 performance Review and Quality Assurance Standards'' December 1, 1999, as proposed. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 ENVIRONMENTAL HEARING BOARD 25 PA Code §§ 1021 March 1999, as proposed. Revisions to the Board's Rules of Practice and Procedure have been proposed by the Board with the expectation that the proposals will be published in the Pennsylvania Bulletin this spring. These revisions and additions to Chapter 1021 are meant to improve the practice and procedure before the Board and to provide the regulated community, the Department of Environmental Protection, and other potential litigants with more specific guidance on how to represent their interests before the Board. The legal basis for the regulation is § 5 of the Environmental Hearing Board Act (35 P. S. § 7515). Kimberly Hafner 717-787-3483 ENVIRONMENTAL PROTECTION
Special Protection Waters (Antidegradation) Program Clean Streams Law May 1999, as final to the EQB. This proposal has been developed to streamline & improve the existing program and to address EPA disapproval issues. EPA promulgated regulations for Pennsylvania in December 1996. The EQB received over 1,700 comments on its proposed rulemaking which was published March 22, 1997. The Department considered and responded to the comments and published an Advance Notice of Final Rulemaking (ANFR) on January 23, 1999. The Water Resources Advisory Committee (WRAC) was briefed on the ANFR and will review the draft final rulemaking. Carol Young, 717-787-4686 Chapters 91, 97 & 101 - Wastewater Management Clean Streams Law August 1999, as final to the EQB. This proposal has been developed as a result of the Regulatory Basics Initiative (RBI) and Executive Order 1996-1 and consolidates references to related water pollution control requirements into a single source, Chapter 91. The proposal will provide the regulated community and DEP greater flexibility in implementing pollution prevention measures and will provide authority for DEP to issue general water quality management permits. The Water Resources Advisory Committee (WRAC) approved this proposal in February 1997. The proposal was discussed with the Agricultural Advisory Board (AAB) in October 1997. Several sections of this rulemaking pertain to animal manure (manure storage and land application). As a result, DEP delayed this final rulemaking until the Concentrated Animal Feeding Operation (CAFO) strategy was finalized. Milt Lauch, 717-787-8184 Chapter 72, Amendments to SEO Application Requirements for Certification Sewage Facilities Act December 1998, as proposed to the EQB. This proposal streamlines the application requirements for certification of sewage enforcement officers (SEOs) by reducing the 40-day time period in which applicants must wait to take the SEO exam following completion of successful precertification training. DEP plans to expand the precertification program and offer the opportunity for successful candidates to take the exam immediately following precertification training. The amendment is supported by the State Board for Certification of Sewage Enforcement Officers and the Sewage Advisory Committee. Publication of the proposed rulemaking is anticipated in February 1999 with a 30-day public comment period. Jay Africa, 717-783-2941 Chapters 92, 93, 95, 96 & 97 - Water Quality Amendments Clean Streams Law October 1999, as final to the EQB. These revisions address several of the principles of the RBI and Executive Order 1996-1. The revisions reorganize these chapters into permitting, water quality standards and implementation chapters respectively and will make several modifications to the programs. The WRAC will review drafts of the final rulemaking. The AAB will also be briefed on the draft final rulemaking. Carol Young, 717-787-4686 Chapter 102, Erosion Control Clean Streams Law May 1999, as final to the EQB. This rulemaking includes minor revisions such as eliminating obsolete terms, simplifying technical requirements for control facilities, updating and clarifying permit requirements to reflect current Federal NPDES permit requirements for construction activities, revising requirements that may be interpreted as more restrictive than Federal requirements, and establishing a minimum area of disturbance to require the development of an erosion and sedimentation control plan. An Advance Notice of Final Rulemaking will be published in February or March 1999. The WRAC and the AAB will review drafts of the final rulemaking. Ken Murin, 717-787-6827 Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act August 1999, as proposed to the EQB. Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits, simplify the application fee schedule, and clarify the Chapters 105 and 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) is thoroughly reviewing the issues. The AAB is also being briefed on developments. A date for EQB consideration of a proposed rulemaking remains uncertain at this time pending WetPAC's deliberations. Ken Reisinger, 717-787-6827 Bottled Water Systems Permit by Rule Safe Drinking Water Act February 1999, as final to the EQB. These amendments to Chapter 109 incorporate a permit by rule for bottled water systems meeting specified criteria to streamline the permitting process. DEP formed a working group of stakeholders and other interested parties to assist in identifying and selecting implementation options. The amendments also include some changes pertaining to streamlining approval of new labels and clarifying reporting requirements as well as changes resulting from the RBI and Executive Order 1996-1. The WRAC reviewed the draft final amendments. John Wroblewski, 717-787-9037 Chapters 260-270 - Comprehensive Hazardous Waste Amendments Solid Waste Management Act February 1999, as final to the EQB. The amendments are a major initiative to update Pennsylvania's hazardous waste regulations and to bring the state program into conformance with the federal RCRA program by adopting large portions of the federal regulations by reference. The Solid Waste Advisory Committee (SWAC) reviewed the draft final amendments. Rick Shipman, 717-787-6239 Municipal Waste Amendments Solid Waste Management Act September 1999, as final to the EQB. This proposal changes the environmental assessment requirements to evaluate known and potential environmental harms vs. social and economic benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for nuisance minimization and control; modifies the closure requirements and assessment and abatement standards to be consistent with the Act 2 regulations and federal Subtitle D criteria; revises the planning and grant procedures; revises isolation distances; changes the equivalency review procedure for municipal waste permits so that once approval is given, it may be applicable statewide; revises the facility design and operating standards for composting facilities to be more performance based; revises leachate sampling requirements to delete parameters from quarterly sampling if groundwater protection will not be compromised; and allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The draft final rulemaking will be reviewed by SWAC in March 1999. Bill Pounds, 717-787-7564 Residual Waste Amendments Solid Waste Management Act July 1999, as final to the EQB. This proposal changes the definition of waste and related terms to be similar to the solid waste definitions in RCRA Subtitle C; revises definitions and final closure standards to be consistent with the Act 2 regulations; allows for industry wide coproduct determinations and recycling of scrap metal; revises performance standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; revises the permit application fee and simplifies the approval process for demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; revises leachate sampling requirements to delete parameters from quarterly sampling if groundwater protection will not be compromised; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; and modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft final regulations will be reviewed by SWAC in March 1999. Bill Pounds, 717-787-7564 Waste Oil Amendments Solid Waste Management Act February 1999, as proposed to the EQB. This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC approved the draft amendments. Bill Pounds, 717-787-7564 Universal Waste Rule - Addition of Wastes Solid Waste Management Act May 1999, as proposed to the EQB. The Universal Waste Rule allows certain hazardous wastes to be managed under requirements that are less prescriptive than full RCRA hazardous waste Subtitle C regulation. This proposal adds fluorescent tubes, unbroken mercury lamps and mercury-containing devices to the list of wastes managed as universal wastes. These items were petitioned for inclusion by Advanced Environmental Recycling Corporation in August 1997. The draft final rulemaking will be reviewed by SWAC in March 1999. Rick Shipman, 717-787-6239 Amendments to Nitrogen Oxides (NOx) Allowance Requirements Air Pollution Control Act December 1998, as proposed to the EQB. The proposal corrects accounting errors contained in Appendix E of the NOx allowance regulations published November 1, 1997. The amendments also add missing sources to Appendix E; clarify that the definition of ''NOx-affected source'' is applicable to fossil-fired operating units which generate greater than 15 MW of electricity; eliminate the special allocation for Washington Power project since its plan approval expired; deletes the listing of ''baseline MMBtu'' in Appendix E and modifies the listing of ''baseline NOx lb/MMBtu.'' The AQTAC approved the draft final amendments. Publication is anticipated in February or March 1999. A 60-day public comment period and three public hearings will be held. Dean Van Orden, 717-787-4310 Nitrogen Oxides (NOx) SIP Call Air Pollution Control Act February 1999, as proposed to the EQB. This proposal is necessary for Pennsylvania to adopt a NOx reduction program for large stationary sources to achieve the emission reductions required by EPA's Section 110 State Implementation Plan (SIP) Call which was finalized October 27, 1998. The SIP Call was promulgated to mitigate interstate transport of ozone and its precursors which is interfering with the ability of many states to attain the one- and eight-hour National Ambient Air Quality Standards (NAAQS). The proposal was discussed with AQTAC. Dean Van Orden, 717-787-4310 Malodors - RBI #3 Air Pollution Control Act August 1999, as final to the EQB. The malodors regulations will be modified to clarify the definition of ''malodor,'' add a definition for ''odor investigation'' and add a technology limitation to resolve malodor problems. In view of the significant number of comments received on the proposed rulemaking, DEP plans to publish an Advance Notice of Final Rulemaking and hold additional meetings and hearings. Drafts of the final rulemaking will be reviewed by AQTAC. Terry Black, 717-787-4310 New Source Review Air Pollution Control Act Contingent on EPA action. The Department's existing new source review regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits. The Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft new source review (NSR) regulations a number of mechanisms related to generation and use of Emission Reduction Credits (ERC's), and the use of an ''area wide'' plantwide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996; however, EPA has not yet issued final rules. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated. Terry Black, 717-787-4310 Gasoline Volatility Requirements - Low RVP Air Pollution Control Act April 1999, as final to the EQB. The Commonwealth is required to implement control strategies to demonstrate that the Pittsburgh-Beaver Valley Area will achieve the national ambient air quality standards (NAAQS) for ozone. The Department proposes to delete the term ''federal reformulated gasoline or RFG'' and eliminate RFG from the term ''compliant fuel.'' The proposed regulation will limit the volatility of gasoline sold in the Pittsburgh-Beaver Valley Area each year between May 1 and September 15. The proposal requires the sale of 7.8 Reid vapor pressure (RVP) gasoline. In addition, the Department proposes to clarify the records retention requirements in Section 126.302(c) that records be kept on site. The AQTAC will review a draft of the final rulemaking. Terry Black 717-787-4310 Surface Coating Processes Air Pollution Control Act November 1999, as final to the EQB. This regulation will simplify the calculation procedure for determining compliance with Chapter 129 and consider small source exemptions to the extent possible without degrading air quality. The AQTAC approved the draft regulations. Publication of the proposed rulemaking is anticipated in March 1999. Terry Black, 717-787-4310 Mobile Equipment Repair and Refinishing Air Pollution Control Act August 1999, as final to the EQB. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt Programs to reduce VOC emissions from automobile refinishing. The proposed regulations establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation also establishes permitting requirements, pollution prevention and work practice standards. DEP is developing public information materials to inform the regulated industry of the proposed requirements. DEP published the proposal in August 1998 and conducted statewide public information meetings and hearings during the public comment period. The AQTAC will review the draft final regulations. Terry Black, 717-787-4310 Degreasing Operations Air Pollution Control Act May 1999, as proposed to the EQB. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt Programs to reduce VOC emissions from degreasing operations. The proposed regulations will establish requirements for solvent cleaning operations not presently regulated by the provisions of Section 129.63. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop a draft regulation. The AQTAC will review the draft proposed rulemaking. Terry Black, 717-787-4310 Chapter 240, Radon Certification Radon Certification Act Date undetermined. DEP conducted workshops attended by selected individuals from the Pennsylvania certified radon community to discuss possible amendments to the current regulations which appear to be of concern to the regulated community and which do not fully address new technologies that were developed since the effective date of the 1991 radon certification regulations in Chapter 240. Meanwhile, EPA privatized its Radon Proficiency Program in October 1998. The National Environmental Health Association (NEHA) was selected to run a one-year pilot test of the EPA draft criteria document for the Certification of Radon Service Providers, the Accreditation of Radon Chambers and Laboratories, and the Approval of Measurement Devices. DEP's Radon Division is working closely with the NEHA on efforts to establish certification exams and other criteria that could possibly parallel suggested changes in DEP Radon Certification regulations. Michael Pyles, 717-783-3594 Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act October 1999, as proposed to the EQB. The Department is updating its regulations for the control of radioactive material in preparation for becoming an Agreement State with the U.S. Nuclear Regulatory Commission (NRC). One of the NRC requirements for the agreement is to have and maintain compatible regulations with the NRC. The proposed regulations address industrial radiography, well logging, irradiators, medical uses, transportation and packaging, protection standards and licensing. The Department will consult with the Radiation Protection Advisory Committee in developing these regulations. Stuart Levin, 717-787-3720 Chapter 86, Subchapters A and D - General Provisions and Areas Unsuitable for Mining
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control ActJuly 1999, as final to the EQB. The amendments address regulations which are more stringent than federal requirements, lack clarity, and which are inconsistent with language used in federal regulations. An Advance Notice of Final Rulemaking was published on January 30, 1999. The Mining and Reclamation Advisory Board (MRAB) reviewed the ANFR and will review the draft final rulemaking. David Hogeman, 717-787-4761 Storage, Handling and Use of Explosives Explosives Act, Surface Mining Control and Reclamation Act (SMCRA), and Noncoal SMCRA December 1999, as proposed to the EQB. Amendments are being proposed to reflect changes that have occurred in the industry and the experience DEP has gained in implementing the program since the regulations in Chapters 210 and 211 were developed in 1972. The proposed amendments will address requirements which are needlessly more stringent and burdensome than federal requirements; will incorporate technological advances resulting from research on the effects of blasting on structures; and will enhance DEP's ability to prevent issuance of blasters' licenses to previous violators. DEP conducted public outreach meetings from September through December 1998. Gary Byron, 717-783-9580 [Continued on next Web Page]
[Continued from previous Web Page] GENERAL SERVICES
Surplus State Property 4 Pa. Code, Chapter 41 Fall, 1999, as proposed. With the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property. Barbara L. Shelton
(717) 787-5295Responsibility 4 Pa. Code Chapter 60 Spring, 1999, as proposed. This chapter must be amended to conform with the legislative changes produced by Act 57. Gary F. Ankabrandt (717) 783-1982 Instructions to Bidders 4 Pa. Code, Chapter 61 Spring, 1999, as proposed. This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders. Merle H. Ryan (717) 787-7095 General Conditions of the Construction Contract 4 Pa. Code, Chapter 63 Spring, 1999, as proposed. See comment for Chapter 61. Merle H. Ryan (717) 787-7095 State Art Commission 4 Pa Code, Chapter 65 Spring, 1999, as proposed. The legislation creating the State Art Commission was sunsetted. Merle H. Ryan (717) 787-7095 Emergency Construction Repairs 4 Pa. Code, Chapter 67 Fall, 1999, as proposed. The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Merle H. Ryan (717) 787-7095 Contract Compliance 4 Pa. Code, Chapter 68 Spring, 1999, as proposed. Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services John R. McCarty (717) 783-8720 Methods of Awarding Contracts 4 Pa. Code, Chapter 69 Fall, 1999, as proposed. With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57. Barbara L. Shelton
(717) 787-5295Commonwealth Parking Facilities 4 Pa. Code, Chapter 71 Summer, 1999, as proposed. Amendments are required because parking locations have been changed. Ronald L. Coy (717) 783-5028 Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73 Summer, 1999, 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. Gary F. Ankabrandt (717) 783-1982 Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81 Summer, 1999, as proposed. 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 PA Code. John R. McCarty (717) 783-8720 First Amendment Rights 4 Pa. Code, Chapter 86 Summer, 1999, as proposed. The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building. Gregory C. Santoro
(717) 787-5599Death Benefits for Survivors of Firemen and Law Enforcement Officers - 4 Pa. Code, Chapter 89 Summer, 1999, as proposed. Since Act 101 of June 24, 1976 (P. L. 424) was amended by Act 161 of 1994 (P. L. 1373), the regulations must be amended to reflect the legislative changes. Ronald L. Coy (717) 783-5028 HEALTH Emergency Medical Services 28 Pa. Code § 1001.1 et seq. February 1999, as proposed. The amendments to existing regulations will enhance the operation of the Emergency Medical Services System in the Commonwealth. Pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921-6938. Kenneth E. Brody 717-783-2500 Communicable Diseases 28 Pa. Code § 27.1 et seq. May 1999, as proposed. The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1-521.21. Yvette Kostelac 717-783-2500 Personnel Administration in County Health Departments 28 Pa. Code § 13.1 et seq.
State Aid to Local Health Departments 28 Pa. Code § 15.1 et seq.No publication anticipated in the next six months. The amendments to existing regulations will make them consistent with current local health administration practices. Pursuant to the Local Health Administration Law, 16 P. S. §§ 12001-12028. John Middleton 717-783-2500 Drug and Alcohol Confidentiality 4 Pa. Code § 255.1 et seq. and § 257.1 et seq. March 1999, as proposed. These regulations are being reviewed for updating and to address concerns regarding availability of records of patients being treated for drug and alcohol related problems. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101-1690.115. Keith Fickel 717-783-2500 Drug and Alcohol Facility Physical Plant Standards
28 Pa. Code § 705.1 - 705.29February 1999, as proposed. The amendments to existing regulations will establish uniform standards for all residential and non-residential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101-1690.115. Keith Fickel 717-783-2500 Organized Camps and Campgrounds
28 Pa. Code § 19.1No publication anticipated in the next six months. These regulations are being considered for review and updating in part because of the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. §§ 1340.101 et seq. Nan Lipton 717-783-2500 Environmental Health Assessment
28 Pa. Code § 17.1 et seq.No publication anticipated in the next six months. These regulations are being considered for review and updating in part because of the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. §§ 1340.101 et seq. Nan Lipton 717-783-2500 Head Injury Program May 1999, as proposed. These new regulations will facilitate the implementation of this program. Pursuant to the Emergency Medical Services Act, 35 P. S. § 6934(e). John Middleton 717-783-2500 Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101. et seq. Spring 1999, as final-omitted. New regulations to address the selection of stores to participate in the food delivery system of the WIC Program. Necessitated as a result of the Commonwealth Court decision in Giant Food Stores, Inc. v. Commonwealth of Pennsylvania, Department of Health, 713 A.2d 177 (Pa. Cmwlth. 1998). The regulations will also revise existing regulations addressing the process for administrative appeals by applicants and participants of the WIC Program, retail stores and local agencies which may be adversely affected by Department decisions. Lesa E. Tressler 717-783-2500 Public Bathing Place Lifeguard Requirements
28 Pa. Code § 18.1; § 18.42February 1999, as proposed. The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, P. L. 531, amending 35 P. S. §§ 672-680 (the Public Bathing Law). Nan Lipton 717-783-2500 Managed Care Organizations 28 Pa. Code 9.1 et seq. September 1999, as proposed. The amendments to existing regulations will update standards governing health maintenance organizations, and supersede statements of policy pertaining to integrated delivery systems and improving quality health care accountability and protection for managed care organizations. Pursuant to the Health Maintenance Organization Act, 40 P. S. §§ 1551-1567, and Act 68 of 1998, amending the Insurance Company Law of 1921, 40 P. S. § 341 et seq. Lori McLaughlin 717-783-2500 Dental Laboratories
28 Pa. Code § 25.301 et seq.No publication anticipated in the next six months. These new regulations are needed to establish standards for the operation of laboratories in dental offices. Pursuant to the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-101 et seq. Keith Fickel 717-783-2500 Health Facility Licensure-- Long Term Care Facilities
28 Pa. Code § 201.1 et seq.March 1999, as final. The amendments to existing regulations will update standards regulating long term nursing care facilities, and will incorporate many of the federal long term care certification regulations. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500Health Facility Licensure-- Ambulatory Surgical Facilities 28 Pa. Code § 551.1 et seq. March 1999, as final. The amendments to existing regulations will update the standards for ambulatory surgical facilities. Review occurred due to sunset of Certificate of Need. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500Health Facility Licensure-- General & Special Hospitals & Health Planning
28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.May 1999, as final-omitted. Repeal of chapters on health planning (federal program and certificate of need), as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500Health Facility Licensure-- General Administrative Chapter & General and Special Hospitals
28 Pa. Code § 101.1 et seq.No publication anticipated in the next six months. The amendments to existing regulations will update the licensure standards for general and special hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500Health Facility Licensure -- Hospice No publication anticipated in the next six months. New regulations to require the licensure of health care facilities falling within the definition of ''hospice''. Pursuant to Act 95 of 1998, amending the Health Care Facilities Act, 35 P. S. § 448.101 et seq. John Middleton 717-783-2500 Home Health Care Agencies
28 Pa. Code § 601.1 et seq.July 1999, as proposed. The amendments to existing regulations will provide for consistency with federal conditions of participation in Medicare programs. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Carol Somerset-Griffie 717-783-2500 Birth Centers
28 Pa. Code § 501.1 et seq.July 1999, as proposed. The amendments to existing regulations will incorporate proposed newborn screening regulations. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Carol Somerset-Griffie 717-783-2500 HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY Pennsylvania Infrastructure Investment Authority Financial Assistance, 25 Pa Code Chapter 963, Chapter 965, Water Pollution Control Revolving Fund Spring/Summer 1999, as proposed. The need for these amendments are twofold: First certain amendments to Chapter 963 will notify the public of certain less onerous regulatory requirements for obtaining a Letter of No Prejudice. Second, certain other amendments to existing regulations are necessary to clarify and inform the public of current agency policy, procedure and program requirements. The grant of authority to amend 25 Pa. Code Chapters 963 and 965 is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act, 35 P. S. § 751.6(4)(i). Brion Johnson (717) 783-6798
Jayne B. Blake (717) 783-6776INSPECTOR GENERAL
No regulations being developed or considered at this date. INSURANCE
Definitions and Logistics, 31 Pa. Code, (NEW Chapter 2) March 1999, as proposed. Common definitions used by the Department will allow elimination of repetitive terms throughout the Insurance Department's regulations. Peter J. Salvatore, 717-787-4429 Allocation of Joint Expenses, 31 Pa. Code, Chapter 3, §§ 3.1-3.6 July 1999, as proposed. Amend to be consistent with current NAIC accounting instructions and to expand the scope of the regulations to include life and health insurers in holding company systems. Peter J. Salvatore, 717-787-4429 Miscellaneous (Relating to Uniform Classification of Expenses), 31 Pa. Code, Chapter 11, §§ 11.1-11.7 July 1999, as proposed. Repeal §§ 11.2 and 11.5-7 to eliminate outdated, unnecessary regulations and amend § 11.4 to clarify current NAIC accounting instructions for electronic data processing expenses. Peter J. Salvatore, 717-787-4429 Costs of Examinations (EDP Expenses), 31 Pa. Code, Chapter 12, §§ 12.1-12.7 October 1999, as proposed. Amend to clarify the various types of costs incurred in the conduct of department examinations. Peter J. Salvatore, 717-787-4429 Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1-21.103 July 1999, as proposed. Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language. Peter J. Salvatore, 717-787-4429 Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1-23.96 July 1999, as proposed. Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language. Peter J. Salvatore, 717-787-4429 Acquisitions of Capital Stock (Insurance Company Holding Law) , 31 Pa. Code, Chapter 25, §§ 25.1-25.23 May 1999, as proposed. Amend to be consistent with 1993 amendments to the authorizing statute and to eliminate unnecessary filing requirements Peter J. Salvatore, 717-787-4429 Advances to Mutual, Stock and Life Companies (NEW Chapter 105a) June 1999, as proposed. New regulation to address surplus notes issued by mutual stock and life companies consistent with authorizing statute adopted in 1992. Peter J. Salvatore, 717-787-4429 Assigned Risk Plan, 31 Pa. Code, Chapter 33, § 33.29 April 1999, as final. Repeal current regulation and replace regulation with new chapter (31 Pa. Code, Chapter 67a) to be consistent with Pennsylvania Assigned Risk Plan Peter J. Salvatore, 717-787-4429 Surplus Lines, Chapter 35, §§ 35.1-35.22 April 1999, as final. Repeal current regulations, 31 Pa. Code, Chapters 35 (and Chapter 123) and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429 Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1-37.84 August 1999, as proposed. Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, consistent with statutory amendments in Act 72 of 1996 and 40 of 1997. Peter J. Salvatore, 717-787-4429 Producer Licensing, 31 Pa. Code, Chapter 39, §§ 39.1-39.22 August 1999, as proposed. Amend Chapter 39 relating to continuing education for agents and brokers consistent with statutory amendments in Act 72 of 1996. Peter J. Salvatore, 717-787-4429 Reserves of Beneficial Societies, 31 Pa. Code, Chapter 43, §§ 43.1-43.2 November 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1-51.61 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1-56.3 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1-58.3 July 1999, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1 - 323.8). Peter J. Salvatore, 717-787-4429 Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1- 59.13 March 1999, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1-61.14 June 1999, 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, 717-787-4429 Physical Damage Appraisers, 31 Pa. Code, Chapter 62, §§ 62.1-62.4 February 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Uninsured Motorist Coverage, 31 Pa. Code, Chapter 63, §§ 63.1-63.3 September 1999, as proposed. Amend pursuant to Executive Order 1996-1 and pending filing before the Department. Peter J. Salvatore, 717-787-4429 Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1-64.14 September 1999, as final. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore, 717-787-4429 Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21-26 July 1999, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Collision Loss Settlements, 31 Pa. Code, Chapter 65, §§ 65.11-14 April 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Motor Vehicle Financial Responsibility Law - Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21-28 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Pennsylvania Assigned Risk Consumer Protections, (NEW Chapter 67a) April 1999, as final. Amend pursuant to Executive Order 1996-1. This will replace 31 Pa. Code § 33.29. Peter J. Salvatore, 717-787-4429 Life Insurance Illustrations (New) October 1999, 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, 717-787-4429 Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1-9 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1-91 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1-57 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Mortality Tables Used in Determining Nonforfeiture Standards, 31 Pa. Code, Chapter 84, §§ 84.1-6 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Minimum Reserve Standards, 31 Pa. Code, Chapter 84a, §§ 84a.1-84a.8 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Actuarial Opinion & Accumulation Contracts, 31 Pa. Code, Chapter 84b, §§ 84b.1-84b.11 November 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1-85.40 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Premium & Retirement Deposit Fund, 31 Pa. Code, Chapter 86, §§ 86.1-86.12 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1-87.42 May 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1-88.195 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Accident and Health Insurance Regulation, 31 Pa. Code, Chapter 89, §§ 89.1-89.11 and § 89.17 April 1999, as proposed. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Peter J. Salvatore, 717-787-4429 Preparation of Forms, etc., 31 Pa. Code, Chapter 89, §§ 89.12-16, 89.18-89.62 and 89.101 May 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Medicare Supplement, 31 Pa. Code, Chapter 89, §§ 89.777,89.890 and Appendix E February 1999, as proposed. Amend regulation to add Medicare Select provisions. Peter J. Salvatore, 717-787-4429 Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1-90a.31 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1-105.2 June 1999, as proposed. Amend to 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, 717-787-4429 Policies Covering Personal Property Pledged as Collateral, 31 Pa. Code, Chapter 112, §§ 112.1-112.12 March 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Consent to Rate Filings, 31 Pa. Code, Chapter 113, §§ 113.1-113.9 March 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1-115.8 May 1999, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601-1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Additionally, three sections have been proposed for deletion since they mirror the Act. Peter J. Salvatore, 717-787-4429 Discounting Workers' Compensation Loss Reserves, 31 Pa. Code, Chapter 116, §§ 116.1-116.9 May 1999, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Discounting Medical Malpractice Loss Reserve, 31 Pa. Code, Chapter 118, §§ 118.1-118.6 May 1999, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Surplus Lines, 31 Pa. Code, Chapter 123, §§ 123.1-123.63 April 1999, as final. Repeal current regulations, 31 Pa. Code, Chapters 123 (and Chapter 35) and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429 Surplus Lines, 31 Pa. Code, (NEW Chapter 124, §§ 124.1-124.10) April 1999, as final. Repeal two current regulations, 31 Pa. Code, Chapters 35 and 123 and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429 Title Insurance, 31 Pa. Code, Chapter 125, §§ 125.1-125.9 February 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 [Continued on next Web Page]
[Continued from previous Web Page] Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1-127.8 July 1999, as proposed. Amend pursuant to Executive Order 1996-1 Peter J. Salvatore, 717-787-4429 Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1-133.12 March 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Description of Reserves - Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1-139.3 June 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1-146.10 June 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1-148.4 May 1999, as proposed. Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians. Peter J. Salvatore, 717-787-4429 Continuing Care Providers, 31 Pa. Code, Chapter 151, §§ 151.1-151.14 July 1999, as proposed. Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority. Peter J. Salvatore, 717-787-4429 Contractual Agreements with Integrated Delivery Systems, 31 Pa. Code, Chapter 152, §§ 152.1-152.25 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Managed Care Plans - Quality Health Care Accountability and Protections of Act 68 of 1998, 31 Pa. Code, (NEW Chapter 154) June 1999, as proposed. Regulations are necessary to address outstanding issues and to fully implement the requirements of Act 68. Peter J. Salvatore, 717-787-4429 Health Maintenance Organizations, 31 Pa Code, Chapters 301, §§ 301.1-301.126 April 1999, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1-971.4 April 1999, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977. Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Fee Collections Regulation, Chapter 973, §§ 973.1-973.12 April 1999, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977. Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Voluntary Heating Oil Tank Program, 25 Pa. Code, Chapter 975, §§ 975.1-975.6 April 1999, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977 Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Claims Regulation, 25 Pa. Code, (NEW Chapter 977) April 1999, as proposed. Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975. Peter J. Salvatore, 717-787-4429 LABOR AND INDUSTRY
Workers' Compensation Bureau; Workers' Compensation Judges and Workers' Compensation Appeal Board 34 Pa. Code Chapters 131 and 111 Summer 1999, as proposed. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Thomas J. Kuzma
(717) 783-4467Work-place Safety Committee Certification; Evaluation of Accident/Illness Prevention Services & Programs of Insurers and Self-insureds; Qualifications of Accident/Illness Prevention Service Providers 34 Pa. Code Chapter 129 May 1999, as proposed. The rulemaking implements the health and safety provisions of Article X of the Workers' Compensation Act. The proposed rulemaking specifies the safety committee certification application and renewal processes and establishes the necessary program components and evaluation criteria for accident and illness prevention programs maintained or provided by licensed insurers and self-insured employers. In addition, the regulation ensures the uniform application of the provisions of Article X. Len Negley
(717) 772-1917Workers' Compensation Assessment Regulations February 1999, as final. These regulations are required to define new assessments on employers as specified in Act 57 of 1997. Proposed regulations published September 5, 1998. Thomas J. Kuzma
(717) 783-4467Underground Storage Facilities October 1999, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola (717) 787-3329 Dry Cleaning June 1999, as proposed. Dry Cleaning Law, Act of December 19, 1990, P. L. 1387, No. 214, 35 P. S. § 1270.1 et seq. This regulation is to regulate the construction, operation and maintenance of dry cleaning plants. Edward Leister (717) 787-3323 Elevators and Lifting Devices NOTE: Dependent upon passage of Legislation. Legislation did not pass during the 1997-98 legislative session. This is postponed until passed by the legislature. December 1999, as proposed. The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. James Varhola (717) 787-3329 Personal Care Homes Housing Immobile Residents 34 Pa. Code Chapters 49, 55 & 56. June 1999, as proposed. The regulation is a result of the Act of December 21, 1988, P. L. 1883, No. 185, which permitted the housing of immobile persons in personal care homes. The current Fire and Panic Regulations for personal care homes require personal care home occupants to be both physically and mentally capable of taking appropriate measures for self preservation with minimal supervision in the event of a fire. They are not designed to provide a fire safe environment for immobile persons. The proposed regulations will require the installation of an automatic sprinkler system in personal care homes which house immobile residents. Edward L. Leister,
(717) 787-3323Asbestos Occupations Accreditation and Certification June 1999, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 63 P. S. §§ 2101-2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson (717) 772-3396 MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge 31 PA.Code §§ 242.1 et. seq. January 2000, as proposed. This regulation will further clarify the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge, and the date on which it is to be remitted to the Fund. Statutory authority 40 P. S.§§ 1301.701 et.seq. Arthur McNulty 717-783-3770 MILITARY AND VETERANS AFFAIRS State Veterans Home 43 Pa.Code Section 7.1 et. seq. July 1999, 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. Eclemus Wright, Jr.
717-861-8503PARDONS
No regulations being developed or considered at this date. PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
16 Pa. Code Chapters 81, 83, 85, 87 and 91 No publication anticipated in next six months These regulations are in the process of review as a result of Executive Order 1996-1. James B. Allen (717) 787-2065 PROBATION AND PAROLE
Definitions 37 PA. Code, Chapter 61.1 June 1999, as proposed. Definitions amended pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 Confidentiality of records 37 Pa. Code, Chapter 61.2 June 1999, as proposed. Amend pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code Chapter 63.1, 63.2 and 63.3 June 1999, as proposed. Amend pursuant to Executive Order 1996-1 and to update terms to conform to statutory changes.. Vicki Wilken 717-787-6208 General conditions of parole 37 PA. Code, Chapter 63.4 June 1999, as proposed. Amend pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 Special conditions of parole 37 Pa. Code, Chapter 63.5 June 1999, as proposed. Amend pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 General conditions of special probation or parole 37 Pa. Code, Chapter 65.4 June 1999, as proposed. These regulations are being reviewed pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code -Chapter 65.5, 65.6, 65.7, 67.1, 67.2 and 67.3 June 1999, as proposed. Amend pursuant to Executive Order 1996-1 and to update terms to conform to statutory changes. Vicki Wilken 717-787-6208 General 37 Pa. Code, Chapter 69.1 June 1999, as proposed. Amend pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code - Chapter 69.2 and 69.3 June 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code Chapter 71.1, 71.2, 71.3, 71.4, 71.5, 73.1, 75.1, 75.2 and 75.3 June 1999, as proposed. Amend pursuant to Executive Order 1996-1 and to update terms to conform to statutory changes. Vicki Wilken 717-787-6208 Presumptive ranges for technical parole violators. 37 Pa. Code, Chapter 75.4 June 1999 , as proposed. Amend pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this date PUBLIC WELFARE
Child Protective Services Law February 1999, as final This regulation incorporates the amendments to the child protective services law as a result of Act 151 of 1994 and Act 10 (Special Services No. 1) of 1995. The major changes are: provisions for investigating reports of suspected sexual abuse or exploitation or serious bodily injury by a school employee against a student; screening applicants for employment in schools against childline files to determine whether or not their names are on file as an abuser; and reports of neglect. Tom Vracarich (717) 783-2209 Child Residential and Day Treatment Facility March 1999, as final This regulation consolidates eight chapters of existing chapters, or portions of chapters, into one chapter of health and safety protections. The regulations address contemporary changes in the fields of residential care and day treatment. The emphasis is on protecting the health, safety and well-being of children served. The Department's legal basis for the regulations is Article IX and X of the Public Welfare Code, Act of June 13, 1967 (P. L. 31, No. 21) (62 P. S. § 901-922 and 1001 and 1080). Tom Vracarich (717) 783-2209 Child Day Care Services December 1999, as proposed This regulation is proposed in response to Governor's Executive Order 1996-1 and to strengthen health and safety requirements in the regulation. The regulation will impact child day care centers, group day care homes and family day care homes. 55 Pa. Code, Chapter 3300, Specialized Day Care Service for Children with Disabilities, will be rescinded in order to comply with the provisions of the Americans With Disabilities Act. Tom Vracarich (717) 783-2209 Medical assistance estate recovery April 1999, as proposed This regulation will codify the department's collection practices to recover correctly paid ma from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care (includes Intermediate Care Facilities/MR and Intermediate Care Facilities/Other Related Conditions), home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93 and Act 1994-49. Tom Vracarich (717) 783-2209 Disclosure of social security number April 1999, as final This regulation incorporates federal requirements that applicants for and recipients of benefits administered by the Department of Public Welfare are required to disclose or apply for a social security number as a condition of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Continuation of Medical Assistance throughout pregnancy. October 1999, as final-omitted This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Lump sum payments June 1999, as final This final regulation will require that any balance remaining of a lump sum that has been treated as income in the calendar month of receipt for the Medical Assistance eligibility determination is treated as a resource in subsequent months. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Exclusion of Resources-Medical Assistance children April 1999, as final-omitted This regulation codifies the provision that resources are excluded in the Medical Assistance eligibility determination process for supplemental security income (SSI) related, general assistance (GA) related, and TANF-related persons under 21 years of age and for SSI-related, TANF-related, and GA-related families with children under 21 years of age. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Workfare/Community Service January 2000, as proposed The revisions clarify who may be assigned and the priority and factors to be considered in making Workfare program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 General Assistance Restructure - Act 1994-49 March 1999, as final-omitted This regulation incorporates provisions of Act 1994-49 including acceptance of written verification of medical disability for chronically needy non-financial eligibility determination; 60-day residency requirement; savings designated for educational purposes; and certain medical services which are no longer compensable expenses. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Elimination of transitionally needy component of general assistance program. March 1999, as final-omitted This regulation codifies the elimination of cash assistance payments to persons in the GA-Transitional Needy (''TN'') category. References to both the TN and chronically needy (CN) components are deleted since there is no longer a need to differentiate between GA program requirements. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Act 1996-35 - General eligibility changes March 1999, as final-omitted This regulation codifies statutory changes to eligibility conditions for General Assistance benefits, including the following expanding the eligibility determination period to 30 days; establishing a period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (''MNO/MA'') eligibility to certain groups; and revising the methodology used to determine eligibility for retroactive MNO/MA. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Elimination of PACE requirement October 1999, as final-omitted This regulation codifies the elimination of the deduction from income for the PACE program and the mandate to enroll in the PACE program as required by Title XIX. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Real property liens November 1999, as proposed This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Criminal history April 1999, as final-omitted 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 similar client advocacy groups. Tom Vracarich (717) 783-2209 Act 1996-35 - Provisions Effective March 3, 1997 March 1999, as final-omitted This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Act 1996-35 - Community Service October 1999, as final This proposed regulation would provide that a person who verifies they are actively engaged in volunteer community services for 100 hours per month can qualify for MNO-MA benefits if otherwise eligible. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Medical support rights September 1999, 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 similar client advocacy groups. Tom Vracarich (717) 783-2209 Annuity rule June 2000, as final-omitted This regulation codifies the provision that in addition to the current provision permitting the institutionalized spouse to provide part of his monthly income to the community spouse whose income is below the minimum monthly maintenance needs allowance, either the institutionalized spouse or their representative may file an appeal and seek an administrative order permitting the protection of additional resources to enable the community spouse to purchase an annuity that will generate sufficient income to bring her income up to the minimum monthly maintenance needs allowance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Intentional Program Violations April 1999, as final-omitted This regulation incorporates federal mandates by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services that individuals found to have committed an intentional program violation be subject to an immediate disqualification penalty regardless of the individual's current eligibility status for benefits. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client groups. Tom Vracarich (717) 783-2209 Expansion of Income Limits - Qualifying Individuals 1 and 2 August 1999, as final-omitted This regulation codifies the revisions needed to comply with the Balanced Budget Act of 1997 for the expansion of Medicare Part B premiums. Full payment of the Medicare Part B premium is available to individuals with income at 120% of the Federal Poverty Income Guidelines (FPIG) but less than 135% of the FPIG. Partial payment of the premium is available to individuals with income at 135% of the FPIG but less than 175% of the FPIG. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 Medical Assistance Closure November 1999, as proposed This proposed regulation removes references to the closing of MA benefits using the cash payment date schedule to designate the closure date. The proposed regulations state that Medical Assistance benefit eligibility ends after the required notice is forwarded to the recipient and the corresponding appeal period expires. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209 [Continued on next Web Page]
[Continued from previous Web Page] Early and Periodic Screening Diagnosis Treatment (EPSDT) July 1999, 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 (Medical Assistance) State Plan. This regulation will be reviewed by the medical assistance advisory committee (MAAC) which includes representatives of professional provider associations, providers, the health law project, the welfare rights organization, consumers, and client advocacy groups. Tom Vracarich (717) 783-2209 Medical Assistance case management services July 1999, as final-omitted This final 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 MAAC, as noted above. Tom Vracarich (717) 783-2209 General Assistance Restructure - Act 1994-49 March 1999, 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 will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Discontinue coverage - infertility May 1999, as final-omitted This final regulation codifies Act 1994-49 provisions that discontinues 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 will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Residential Treatment Facilities (RTF) for mental health services July 1999, as final-omitted 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 will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Pharmaceutical services drug coverage July 1999, as final-omitted This regulation 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 will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 $150 deductible for General Assistance recipients May 1999, as final-omitted This regulation 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. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Early Intervention Services May 1999, as proposed This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services. Tom Vracarich (717) 783-2209 MH Wraparound July 1999, as final-omitted This final regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Family Planning May 1999, as final-omitted This final 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 MAAC, as noted above. Tom Vracarich (717) 783-2209 Physician Assistant/Midwife May 1999, as final-omitted This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Discontinuance of the Mandatory Second Opinion Program May 1999, as final-omitted This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 D&A Clinics May 1999, as final-omitted This final regulation revises the enrollment policy for outpatient drug and alcohol clinics. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Capital Component Payment for Replacement Beds July 1999, as final This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations. This regulation will be reviewed by the MAAC. Tom Vracarich (717) 783-2209 Intergovernmental Transfer June 1999, as final-omitted This regulation will extend the county nursing facility Transition Rates according to the Intergovernmental Transfer Agreement. This regulation will be reviewed by the MAAC. Tom Vracarich (717) 783-2209 New Definition of ''Emergency Medical Condition'' July 1999, as final-omitted This final 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 MAAC, as noted above. Tom Vracarich (717) 783-2209 REVENUE
Books, Publications and Advertising Materials 61 Pa. Code § 31.29 Fall 1999, as final. The Department is amending § 31.29 (relating to books, printed matter and advertising materials) in response to statutory changes and inquiries from the public. Douglas A. Berguson 717-787-1382 Compensation; Allowable Deductions From Gross Compensation and Deferred Compensation Arrangements 61 Pa. Code §§ 101.6, 101.6a and 101.6b Fall 1999, as proposed. The Department is amending §§ 101.6 and adding 101.6a and 101.6b to set forth its interpretation of current case law and current policy in the areas of compensation; commonly recognized old age or retirement benefits; reimbursements of business expenses; and guaranteed payments. Douglas A. Berguson 717-787-1382 Credits Against Tax; Estimated Tax 61 Pa. Code §§ 111.2 - 111.5, 115.1 - 115.5, 115.8, 115.9 and 115.11 - 115.12 Winter 2000, as proposed. This regulation sets forth the Department's policy relating to taxes for which credit is not allowed; other conditions for allowance of the credit for taxes paid to other states; limitations on the amount of the credit for taxes paid to other states; proof requirements; jointly paid estimated tax; and application of overpayments of estimated tax. This regulation is necessary to delete obsolete text; add language consistent with statutory changes; and provide additional guidance in areas that have been subject to questions from the public. Douglas A. Berguson 717-787-1382 Commercial Motion Pictures 61 Pa. Code § 32.38 Summer 1999, as final. The Department is setting forth its interpretation of section 2 of Act 7-1997, section 204(54) (72 P. S. § 7204(54)) regarding the sales and use tax exclusion for the sale at retail to or use by a producer of commercial motion pictures of any tangible personal property directly used in the production of a feature-length commercial motion picture distributed to a national audience. Douglas A. Berguson 717-787-1382 Computer Software and Related Transactions 61 Pa. Code § 31.33 Fall 1999, as proposed. Pursuant to Act 7-1997, various types of computer services are no longer subject to sales and use tax on or after July 1, 1997. However, certain computer related transactions remain subject to tax. This regulation provides guidance concerning these transactions. Douglas A. Berguson 717-787-1382 Definitions; Net Profits and Regulated Investment Companies 61 Pa. Code §§ 101.1, 103.12 and 155.30 Summer 1999, as final. Section 101.1 (relating to definitions) is being amended by replacing the existing definitions of ''employee'' and ''employer'' with new definitions consistent with the requirements of 72 P. S. § 7301(g) and (h). The definition of ''income'' is being expanded to implement the provisions of 72 P. S. § 7602(f)(2)(A) and reflect recent holdings in Morgan v. Commonwealth, 42 Pa. Commonwealth Ct. 557, 400 A.2d 1384 (1979) and Wettach v. Commonwealth, 153 Pa. Commonwealth Ct. 293, 620 A.2d 730 (1993). Section 103.12 (relating to net profits) is also being amended to reflect Morgan and Wettach. The definition of ''personal income tax income'' set forth in § 155.30(b)(4) (relating to regulated investment companies) is being amended to provide that the term means income computed in the same manner and on the same basis as the income of an individual under Article V. Personal Income Tax. Douglas A. Berguson 717-787-1382 Disclaimers of Nonprobate Taxable Assets
61 Pa. Code § 93.81Summer 1999, as final. The regulation sets forth specific conditions that must be met in order for a disclaimer executed in regard to nonprobate taxable assets and nontrust assets of resident decedents to be valid for Pennsylvania inheritance tax purposes. Based on the decision and order received from the Commonwealth Court In Re Estate of Bernecker, 654 A.2d 246 (Pa. Commonwealth 1995), the Department is revising its policy on the effectiveness of disclaimers of nonprobate taxable assets for Pennsylvania inheritance tax purposes. Douglas A. Berguson 717-787-1382 File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19 - 117.21 Fall 1999, as proposed. The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program. Douglas A. Berguson 717-787-1382 Lawn Care Services
61 Pa. Code §§ 55.6 and 60.2Summer 1999, as proposed. This regulation sets forth the Department's interpretation of Act 22-1991 (72 P. S. §§ 7201(k)(17), (o)(15) and (jj)) relating to lawn care services. Douglas A. Berguson 717-787-1382 Local Tax
61 Pa. Code §§ 60.16, and 95.1 - 95.303Fall 1999, as proposed. This regulation sets forth the Department's interpretation of sections 501-509 of the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class (53 P. S. §§ 12720.501 - 12720.509), sections 3150-B - 3157-B of the Second Class County Code (16 P. S. §§ 6150-B - 6157-B) and section 201-A of the Tax Reform Code of 1971 (72 P. S. § 7201-A). Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.16 (relating to local sales, use and hotel occupancy tax). The Department has concluded that its policy relating to local sales, use and hotel occupancy tax should be set forth as a regulation. Therefore, In addition to proposing to add Chapter 95. Local Tax, the Department is also proposing to delete the pronouncement set forth at § 60.16. Douglas A. Berguson 717-787-1382 Payments for Employe Welfare Benefit Plans and Cafeteria Plans
61 Pa. Code §§ 101.1, 101.6 and 101.7Winter 1999, as final. The amendments to §§ 101.1, 101.6, and 101.7 are being added to explain how employee welfare benefit programs and other wage and salary supplemental programs are taxed and to implement amendments to section 301(d) of the Tax Reform Code of 1971 (72 P. S. § 7306(d)) under Act 7-1997. Douglas A. Berguson 717-787-1382 Sales and Use Tax Amendments
61 Pa. Code §§ 7.3, 7.6, 31.4, 31.5, 31.7, 31.26, 32.1 - 32.5, 32.21, 32.22, 32.31 - 32.37, 33.1, 33.2, 33.4, 42.1, 42.3, 44.2, 45.1, 46.9, 47.18 and 58.13Fall 1999, as final. The Department is proposing numerous amendments to the Pennsylvania Code, Title 61. This regulatory package is the result, In part, of a comprehensive review of sales and use tax regulations In light of legislative changes from 1991 to the present. Douglas A. Berguson 717-787-1382 Telecommunications Service
61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8Summer 1999, as final. This regulation sets forth the Department's interpretation of the 1991 statutory changes set forth in section 201(m), 202(c) and 204(5) of the Tax Reform Code of 1971 (72 P. S. §§ 7201(m), 7202(c) and 7204(5)) regarding telephone, telegraph and telecommunications services. Douglas A. Berguson 717-787-1382 Utility Gross Receipts Tax
61 Pa. Code §§ 160.21 - 160.43Spring 1999, as proposed The Department is proposing this regulation to clarify the changes to the utility gross receipts tax brought about by utility deregulation (Act 138-1996) codified in Title 15 and Title 66. This regulation will also provide guidance and clarity to out-of-state businesses and the emerging industry. Douglas A. Berguson 717-787-1382 Vending Machines
61 Pa. Code § 31.28Summer 1999, as proposed This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines. Douglas A. Berguson 717-787-1382 SECURITIES COMMISSION
Licensing Regulations
64 Pa. Code § 303 - § 404June 1999, as proposed. The Commission plans to amend this regulation to conform its requirements to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Notice to Purchasers under Section 207(m)''
64 Pa. Code § 207.130March 1999, as proposed. This amendment would implement provisions of Act 126 of 1994. Act 126 of 1994 amended Section 207(m) and deleted its application to transactions under Sections 203(e) and (r) of the 1972 Act while also making the furnishing of a notice reciting the withdrawal rights under Section 207(m) a condition of the exemption in Section 203(d). Act 126 also gave the Commission explicit authority to adopt a regulation specifying the form and manner in which a 207(m) notice has to be given. G. Philip Rutledge
(717) 783-5130''Limited offerings''
64 Pa. Code § 203.041March 1999, as proposed. Commission proposes to repeal Form 203-D and Form D Supplement and replace them with Form E which will allow issuers to use only one form to claim the exemptions afforded by Section 203(d), (s) or (t.) G. Philip Rutledge
(717) 783-5130.''Electronic signatures''
64 Pa. Code § 207.141Spring 1999, as proposed. Commission proposes to adopt a rule governing use of electronic or digital signatures on materials required to be filed with the Commission. G. Philip Rutledge
(717) 783-5130.STATE
Bureau of Commissions, Elections and Legislation May 1999, as proposed. The Department proposes comprehensive revisions to regulations at 4 Pa. Code to eliminate obsolete provisions, reflect recent statutory changes and reflect changes to campaign finance reporting as a result of the computerization initiative. Amendments will be proposed pursuant to the Pennsylvania Voter Registration Act (25 P. S. § 961.301), the Pennsylvania Election Code (25 P. S. § 2601 et seq ) and Campaign Expense Reporting Law (25 P. S. § 3241 et seq) Richard Filling, (717) 787-5280 State Athletic Commission 58 Pa. Code, Chapter 21 June 1999, as proposed. Comprehensive revisions to 58 Pa. Code will reflect statutory changes to the Pennsylvania Athletic Code and changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa.C.S. § 101 et seq). Greg Sirb
(717) 787-5720Navigation Commission for the Delaware River and Its Navigable Tributaries - 13 Pa. Code Ch. 201-209. May 1999, as proposed. Proposed comprehensive revisions will enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4). Larry Boyle, (717) 787-6458 Bureau of Professional and Occupational Affairs - Schedule of Civil Penalties for Act 48 - State Boards of Accountancy, Architects, Auctioneers, Professional Engineers, Land Surveyors and Geologists, and Dentistry -49 Pa. Code, Chapter 43 February 1999, as proposed. The Boards propose to provide for civil penalties for violations pertaining to the conduct or operation of a business or facility licensed by the Board. Statutory authority: 63 P. S. § 2205(a). Beth Sender Michlovitz
(717) 783-7200State Board of Auctioneer Examiners -Approved Course of Study -49 Pa. Code § 1.11.
Sponsorship of Apprentices - 49 Pa. Code § 1.31.No publication anticipated in next six months.
No publication anticipated in next six months.The proposal would establish standards for school course practicum work in auctioneering. The regulation will permit the Board to verify the minimum level of education the Board believes necessary for licensure. Legal authority for the regulation is Section 32, 63 P. S. § 734.32.
The proposal would require sponsors to provide minimum training of apprentices and document their supervision. The regulation is needed to provide objective standards for sponsors to follow in training and supervising apprentices whom they employ and whose apprenticeship qualifies them for licensure. Legal authority for the regulation is Section 32, 63 P. S. § 734.32.Linda Dinger (717) 783-3397 State Board of Barber Examiners - General Revisions - 49 Pa. Code, Chapter 3.
Barber Shop Trainees - 49 Pa. Code §§ 3.70, 3.72, 3.87.February 1999, as proposed.
February 1999, as proposed.
The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).
The regulations will provide for the training of students in barber shops. Statutory authority: 63 P. S. § 566.4(b).Sara Sulpizio (717) 783-3402 State Board of Chiropractic - Sexual Misconduct - 49 Pa. Code § 5.54.
Peer Review - 49 Pa. Code § 5.55.
Radiologic Procedures Exam Fee - 49 Pa. Code § 5.6.No publication anticipated in next six months.
No publication anticipated in next six months.
April 1999, 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 which the Board deems unprofessional. Statutory authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).
The proposal would regulate standards for review of chiropractic treatment. The proposal would assure that when chiropractic diagnosis and treatment are subject to utilization review by chiropractors, appropriate standards will be employed. Statutory authority: Section 302(3), 63 P. S. § 625.302(3).
The Board will reduce the fee charged to applicants who take the radiologic procedures examination because of contractual scheduling changes. Statutory authority: 63 P. S. § 625.1101.Deb Smith (717) 783-7156 State Board of Cosmetology - Disinfection, Equipment and Supplies; - 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105, 7.113a and 7.114.
General Revisions - 49 Pa. Code, Chapter 7.
Safe use of Chemicals - 49 Pa. Code § 7.96.No publication anticipated in next six months.
No publication anticipated in next six months.
No publication anticipated in next six months.These regulations reflect improved industry standards for disinfecting and sterilizing equipment required to be available in cosmetology shops. Minimum safety and sanitation standards are authorized under Section 11 of the Cosmetology Law, 63 P. S. § 517.
These regulations will revise and update current rules and repeal outdated provisions. Statutory authority: 63 P. S. § 517.
The Board will update and broaden standards to require licensees to follow manufacturers' instructions and FDA restrictions when using chemicals on clients. Statutory authority: 63 P. S. § 517.Sara Sulpizio (717) 783-7130 State Board of Accountancy - Continuing Education Program Sponsors -
49 Pa. Code §§ 11.1, 11.4, 11.64, 11.65, 11.66, 11.70-11.73, 11.80.
Commissions and Referral Fees - 49 Pa. Code § 11.24.
General Revisions - 49 Pa. Code, Ch. 11.
Peer Review - 49 Pa. Code, §§ 11.81-11.88.April 1999, as proposed.
April 1999, as proposed.
June 1999, as proposed.
April 1999, as proposed.The regulations would require approved continuing education program sponsors to renew approval biennially and authorize the Board to conduct audits of approved programs. The regulations ensure that continuing education programs meet licensure renewal needs. Statutory authority: 63 P. S. § 9.3(10).
The regulation would codify rules for the written disclosure licensees must make in order to pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation complies with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p).
The regulations would revise or repeal existing requirements in compliance with comprehensive amendments to the C.P.A. Law effective February 3, 1997. Statutory authority: 63 P. S. § 9.3(10)-(12).
The regulations would set forth requirements for public accounting firms which must undergo peer review, standards for the conduct of peer reviews, and confidentiality provisions. The regulation implements 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.8i.Dorna Thorpe (717) 783-1404 State Board of Funeral Directors - Pre-need Requirements - 49 Pa. Code, Chapter 13. No publication anticipated in next six months. The Board will update current regulations in order to provide clear and concise guidance to licensees regarding pre-need monies and contracts. Legal authority: Section 16(a) of the Law, 63 P. S. § 479.16(a). Cheryl Lyne (717) 783-3397 State Board of Landscape Architects - Continuing Education - 49 Pa. Code § 15.71-15.83.
Examination Fees - 49 Pa. Code § 15.12.
General Revisions; Seals - 49 Pa. Code § 15.1 et seq.July 1999, as final.
March 1999, as final.
No publication anticipated in next six months.The amendments establish procedures and standards for continuing education as a condition of biennial renewal. The Board is required to adopt regulations establishing requirements of continuing education as a condition for renewal of a license under Section 9.1 of the Landscape Architects' Registration Law, Act of January 24, 1966, P. L. (1965) 1527, added by the Act of December 7, 1994, P. L. 774, 63 P. S. § 909.1.
The amendments revise fees for the C.L.A.R.B. examination pursuant to contract for administrations in June 1999 and thereafter. The Board is required to administer this examination under Sections 4(2) and 4(3) of the Landscape Architects' Registration Law, 63 P. S. §§ 904(2) and 904(3).
In compliance with Executive Order 1996-1, the Board will propose updated standards relating to licensees' seals to reflect new technology. Statutory authority: 63 P. S. §§ 904(9) and 909.Shirley Klinger (717) 772-8528 [Continued on next Web Page]
[Continued from previous Web Page] State Board of Medicine - Sexual Misconduct - 49 Pa. Code, Chapter 16.
Certified Registered Nurse Practitioners (CRNPs) - 49 Pa. Code § 18.21.
Requirements for approval of educational programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 18.41.
General Delegation - 49 Pa. Code, Ch. 16.August 1999, as proposed.
September 1999, as proposed.
No publication anticipated in next six months.
No publication anticipated in next six monthsThrough 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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 8 of the Medical Practice Act, Act of December 20, 1985, P. L. 457, as amended, 63 P. S. § 422.8.
The Board will collaborate with the State Board of Nursing for joint promulgation of standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Prescriptive authority of the CRNP is provided under Section 15 of the Medical Practice Act, 63 P. S. § 422.15.
This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Nurse Board under Section 15(b) of the Medical Practice Act, 63 P. S. § 422.15(b).
This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority: 17(b) of the Medical Practice Act, 63 P. S.§ 422.17(b).Cindy Warner (717) 783-1400 State Board of Vehicle Manufacturers, Dealers and Salespersons - General Provisions, Licensure, Facility requirements - 49 Pa. Code §§ 19.1-19.23.
Verification/Certification Fees - 49 Pa. Code § 19.4.June 1999, as proposed.
March 1999, as proposed.The Board will revise its regulations to repeal outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to the 1996 amendments to the Board of Vehicles Act. The Board has authority to promulgate regulations under Section 4(9) of the Board of Vehicles Act, Act of December 22, 1983, as amended, 63 P. S. § 818.4(9).
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 30 of the Board of Vehicles Act, 63 P. S. § 818.30.Teresa Woodall (717) 783-1697 State Board of Nursing - Requirements for approval of educational programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 21.271.
Nursing Functions - 49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145.
RN general revisions - 49 Pa. Code §§ 21.1 - 21.126.
LPN general revisions - 49 Pa. Code §§ 21.141 - 21.234.No publication anticipated in next six months.
April 1999, as final.
April 1999, as proposed.
October 1999, as proposed.This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations authorized under Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1, will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Medical Board under Section 2(1) of the Law, 63 P. S. § 212(1).
These regulations would authorize licensed practical nurses to accept oral orders for medical and therapeutic regimens; update, clarify, and repeal unnecessary language pertaining to registered nurses and authorize licensed practical nurses as well as registered nurses to administer drugs. The regulation of the practice of nursing and licensed practical nursing is authorized under 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.
These regulations will update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Revisions to the regulations are authorized by Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
These regulations will update or repeal outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs. Revisions to the Practical Nurse Law are authorized under Section 17.6, 63 P. S. § 667.6.Ann Steffanic (717) 783-7142 CRNP prescriptive privileges 49 Pa. Code §§ 21.151 - 21.351.
Sexual Misconduct - 49 Pa. Code §§ 21.18 and 21.148.
Verification/Certification Fees - 49 Pa. Code §§ 21.5 and 21.147.September 1999, as proposed.
April 1999, as final.
March 1999, as proposed.These regulations, to be promulgated by both the State Board of Medicine and the State Board of Nursing, would authorize CRNPs to prescribe medications in cooperation with a licensed physician. These regulations, authorized under Section 2 and 2.1 under the Professional Nursing Law, 63 P. S. §§ 212 and 212.1(k), and Section 15 of the Medical Practice Act of 1985, 63 P. S. § 422.15, will clarify and update current, ambiguous provisions regarding CRNPs' prescriptive authority.
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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 63 P. S. §§ 221.2 and 667.5.
Ann Steffanic (717) 783-7142 State Board of Optometry - Sexual Misconduct - 49 Pa. Code, Chapter 23.
General Revisions - 49 Pa. Code, Chapter 23.June 1999, as proposed.
No publication anticipated in next six months.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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P. L. 197, as amended, 63 P. S. § 244.3(a)(14).
The Board proposes to revise regulations concerning fee sharing, corporate and fictitious name practice, specialty advertising and reciprocity. The Board intends to remove regulations which unduly burden optometrists in the business structure of practices and in procedures related to reciprocal licensure, as well as to clarify the parameters of specialty advertising. Statutory authority: Section 3(a)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(a)(14).Deb Smith
(717) 783-7155State Board of Osteopathic Medicine - Sexual Misconduct - 49 Pa. Code, Chapter 25.
Verification/Certification Fees - 49 Pa. Code § 25.231.June 1999, as proposed.
March 1999, as proposed.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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 63 P. S. § 271.13a(a).Gina Bittner (717) 783-4858 State Board of Pharmacy - Fees - 49 Pa. Code § 27.91.
Internship Requirements - 49 Pa. Code § 27.26.March 1999, as proposed.
No publication anticipated in next six months.The amendments revise fees for applications for initial pharmacist licenses, new pharmacy permits, intern registrations, changes in pharmacy permits, reinspections, verifications of licenses and certifications of exam scores and internship hours, which have not been revised since 1988. Statutory Authority: 63 P. S. § 390-8.2.
The Board proposes to expand avenues for internship training to provide flexibility for students and pharmacy applicants seeking practical experience prerequisite to licensure. Statutory authority: 63 P. S. §§ 390-3(c), (e) and (f), and 390-6(k)(9).Rita T. Solie (717) 783-7156 State Board of Podiatry - Sexual Misconduct - 49 Pa. Code, Chapter 29. September 1999, as proposed. 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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 16(a)(3) of the Podiatry Practice Act, Act of March 2, 1956, P. L. (1955) 1206, 63 P. S. § 42.16(a)(3). Gina Bittner (717) 783-4858 State Board of Veterinary Medicine - Advertising Emergency Services - 49 Pa. Code § 31.21.
Application Fees - 49 Pa. Code § 31.41.
Verification/Certification Fees - 49 Pa. Code § 31.41.June 1999, as final.
March 1999, as final.
March 1999, as proposed.The regulation will require all veterinarians who advertise emergency services or 24-hour veterinary care, to include in any advertisement information indicating the hours when emergency services are available, and whether a veterinarian will be on call or on the premises. Statutory authority: 63 P. S. § 485.5(2).
Proposed rulemaking published 5/16/98 will increase application fees for veterinarians and animal health technicians, the temporary permit fee and the continuing education program approval fee. Statutory authority: 63 P. S. § 485.13.
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 13 of the Veterinary Practice Act, 63 P. S. § 485.13.Robert Kline (717) 783-1389 State Board of Dentistry - Sexual Misconduct - 49 Pa. Code, Chapter 33.
Advertising - 49 Pa. Code § 33.203(b)(4).
Expanded Function Dental Assistants - 49 Pa. Code, Chapter 33.
Continuing Professional Education - 49 Pa. Code, Chapter 33.
Lasers - 49 Pa. Code, Chapter 33.
Verification/Certification Fees - 49 Pa. Code § 33.3.No publication anticipated in next six months.
No publication anticipated in next six months.
No publication anticipated in next six months.
May 1999, as final.
No publication anticipated in next six months.
March 1999, as proposed.Reports of sexual misconduct by health care practitioners are on the rise. This regulation will provide licensees with guidance in this area, as authorized under Section 3(o) of the Dental Law, 63 P. S. § 122(o).
The regulation will amend outdated provisions, clarify dental specialties and add a provision regarding the advertising of dental referral services. Section 4.1(a)(10) of the Dental Law prohibits false, misleading or deceptive advertising. The Board believes that the failure to advise patients that a dentist pays a fee for participation in a dental referral service falls within that prohibition and should be included in Section 33.203(b) of the regulations. The regulation will also update this provision consistent with Act 113 of 1996.
The regulations will establish certification standards for expanded function dental assistants including minimum standards of conduct and practice, under 1994 amendments to the Dental Law. Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
This regulation will establish continuing education regulations for dentists, dental hygienists and expanded function dental assistants. The regulations are required under Act 113 of 1996, which amended Section 3(j) of the Dental Law, 63 P. S. § 122(j).
The regulation will codify the existing statement of policy and clarify educational requirements for the use of lasers in a dental office. Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 4 of the Dental Law, 63 P. S. § 123.June Barner (717) 783-7162 State Real Estate Commission - General Revisions - 49 Pa. Code, Chapter 35.
Educational Standards - 49 Pa. Code, Chapter 35.
Continuing Education Deadline- 49 Pa. Code, Chapter 35.
Agency Disclosures - 49 Pa. Code, Chapter 35.February 1999, as proposed.
Summer 1999, as proposed.
Spring 1999, as proposed.
Summer 1999, as proposed.The Commission plans a comprehensive amendment to Chapter 35 to bring existing regulations up to date with current policies. Statutory authority: 63 P. S. § 455.404.
The Commission plans to update current rules pertaining to the approval of schools and school directors, curriculum, etc. and revise continuing education requirements. Statutory authority: 63 P. S. § 455.404.
The Commission plans to amend current rules pertaining to continuing education deadlines. Statutory authority: 63 P. S. § 455.404.
This regulation will implement disclosure requirements of Act 112 of 1998 pertaining to agency relationships. Statutory authority: 63 P. S. § 455.404.Debra Sopko (717) 783-3658 State Board of Certified Real Estate Appraisers - Experience Options for Certification 49 Pa. Code § 36.13.
Standards of Practice - 49 Pa. Code § 36.51.
Broker/Appraiser Fees - 49 Pa. Code § 36.6.April 1999, as proposed.
April 1999, as proposed.
April 1999, as final.The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience by applicants to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation complies with standards established for state appraiser boards by the Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2).
The regulation would require all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. The regulation also would require all certificate holders to conduct a complete interior and exterior inspection of a property when performing an appraisal, unless an interior inspection is not feasible or physically possible. Statutory authority: 63 P. S. § 457.5 (2).
The regulation would establish an application fee and initial certification fee for the newly created certification class of broker/appraiser. The fees will help to defray expenses of the Board associated with regulating broker/appraisers. Statutory authority: 63 P. S. §§ 457.5(6) and 457.9(c).Cheryl Lyne (717) 783-3397 Continuing Education - 49 Pa. Code §§ 36.41, 36.42, 36.261 and 36.262.
Pre-certification Education and Experience - 49 Pa. Code §§ 36.11 and 36.12.April 1999, as final.
June 1999, as final.The regulations would raise biennial continuing education requirements for certified general and residential appraisers and certified Pennsylvania evaluators; and require all certificate-holders to complete minimum hours on the USPAP and the Board's statutory and regulatory requirements, in compliance with AQB rules. Statutory authority: 63 P. S. § 457.5(2).
The regulations would raise the experience and education requirements for certification as a residential appraiser and general appraiser to comply with standards established by the AQB that took effect January 1, 1998, pursuant to federal rules. Statutory authority: 63 P. S. § 457.5(2).Cheryl Lyne (717) 783-3397 State Registration Board for Professional Engineers, Land Surveyors and Geologists -Appeal Period -49 Pa. Code § 37.102. April 1999, as final. The amendment will bring Board regulation governing appeal period into compliance with applicable Pennsylvania Rules of Appellate Procedure. Statutory authority: 63 P. S. § 151(1). Shirley Klinger (717) 783-3397 State Board of Examiners of Nursing Home Administrators - Experience and Education Requirements - 49 Pa. Code § 39.5.
Temporary Permits - 49 Pa. Code § 39.17.
General Revisions - 49 Pa. Code §§ 39.1-39.91.
Continuing Education - 49 Pa. Code §§ 39.31-39.71.
Application/Certification/ Verification Fees - 49 Pa. Code § 39.72.
No publication anticipated in next six months.
No publication anticipated in next six months.
No publication anticipated in next six months.
March 1999, as proposed
Spring 1999, as proposed.The regulation will clarify education and experience requirements for licensure and remove outdated and confusing provisions. Statutory authority: Section 4(c) of the Nursing Home Administrators License Act, 63 P. S. § 1104(c).
The regulation will update and clarify Board requirements for temporary permits. Statutory authority: Section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114.
These regulations will update and repeal outdated provisions of current regulations, including definitions, subject matter for examinations, approved programs of study, and licensure renewal. Statutory authority: Sections 4 and 9 of the Law, 63 P. S. §§ 1104 and 1109.
The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 7.1 of the Law, 63 P. S. § 1108.Melissa Wilson (717) 783-7155 State Board of Examiners in Speech-Language and Hearing - Assistants - 49 Pa. Code, Chapter 45 No publication anticipated in next six months. The proposal will bring current regulations into compliance with current national standards, by modifying requirements for supervision of assistants. Statutory authority: 63 P. S. § 1705(2). Clara Flinchum (717) 783-2454 State Board of Physical Therapy - Physical Therapists - 49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21-40.24.
Sexual Misconduct - 49 Pa. Code, Chapter 40.
Application/Verification/ Certification Fees - 49 Pa. Code § 40.5.March 1999, as proposed.
March 1999, as proposed.
February 1999, as proposed.Regulations correct and revise existing regulations regarding physical therapists. Proposed under Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).
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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Sections 3, 5 and 10 of the Act, 63 P. S. § 1303, 1305 and 1310.
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 63 P. S. § 1308.Robert Kline (717) 783-7134 State Board of Psychology - Postdoctoral Experience - 49 Pa. Code § 41.31(c)(1)(ii)(E).
Professional records - 49 Pa. Code § 41.57.
Definitions/ ''Sexual Intimacies'' - 49 Pa. Code § 41.61.
Application/Certification/ Verification Fees - 49 Pa. Code § 41.12.
Examination Fees - 49 Pa. Code § 41.12.No publication anticipated in next six months.
No publication anticipated in next six months.
Spring, 1999, as final.
Spring 1999, as proposed.
Spring 1999, as final.The regulation establishes necessary experience for licensure. The Board plans to clarify its intent that an individual working two jobs need only meet with his/her respective supervisors one hour per week to satisfy the two hours/week requirement of this paragraph. Statutory authority: 63 P. S. § 1203.2(2).
This regulation establishes minimum requirements for records which psychologists must maintain. The Board plans to add language to its existing regulation to address a psychologist's responsibility to release information to clients and to authorize psychologists to charge a fee for reasonable costs of copying. Statutory authority: 63 P. S. § 1203.2(2).
The regulation will establish specific prohibitions against sexual intimacies with current client/patients and other individuals encountered by a psychologist in the course of professional practice. The regulation will also establish related standards and procedural matters and bar psychologists who have been disciplined for engaging in prohibited sexual intimacies from participation in the impaired professional program. Statutory authority: 63 P. S. § 1203.2(2).
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. The Board is authorized to determine all fees necessary for administration of the act under 63 P. S. § 1203.2(2).
This regulation establishes the fees set by contract for the licensure examination. 63 P. S. § 1203.2(2).Melissa Wilson (717) 783-7155 [Continued on next Web Page]
[Continued from previous Web Page] State Board of Occupational Therapy Education and Licensure - Oral Orders - 49 Pa. Code § 42.25.
General Revisions - 49 Pa. Code, Chapter 42.
Verification/Certification Fees - 49 Pa. Code § 42.17(a)(4).
No publication anticipated in next six months.
No publication anticipated in next six months.
March 1999, as proposed.The Board proposes to specify circumstances under which occupational therapists may accept oral orders for services, and procedures to be followed, to clarify for Department of Health-licensed health care facilities that occupational therapists, under Department rules, are ''.authorized by appropriate statutes and the State Board in the Bureau of Professional and Occupational Affairs'' to receive such orders. Statutory authority: Sections 5(b) and 14 of the Occupational Therapy Practice Act, 63 P. S. §§ 1505(b) and 1514.
The Board proposes to revise its chapter by updating certain provisions and deleting outdated or redundant language. The Board has authority to adopt the regulations necessary to perform its duties and for the proper administration of the law under Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. The Board is authorized to determine all fees necessary for administration of the act under Section 17(a) of the Occupational Therapy Practice Act, 63 P. S. § 1517(a).Clara Flinchum (717) 783-1389 State Board of Social Work Examiners - Unprofessional Conduct and Sexual Misconduct - 49 Pa. Code, Chapter 47.
Continuing Education 49 Pa. Code § 47.32.
Verification/Certification Fees - 49 Pa. Code § 47.4.No publication anticipated in the next six months.
No publication anticipated in the next six months.
March 1999, as proposed.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 which the Board deems unprofessional. The Board has authority to adopt regulations establishing standards of professional practice and conduct under Section 6(2) of the Social Workers' Practice Act, Act of July 9, 1987, P. L. 220, 63 P. S. § 1906(2).
The regulation would limit home-study or self-study continuing education programs to no more than 10 of the 30 hours required for biennial renewal of a license. The regulation is necessary to improve the effectiveness of the Board's continuing education in programs that provide for interaction among presenters and attendees. Statutory authority: 63 P. S. § 1918 (a).
This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 18 of the Social Workers' Practice Act, 63 P. S. § 1918.Clara Flinchum (717) 783-1389 STATE EMPLOYEES' RETIREMENT SYSTEM No regulations being developed or considered at this date. STATE POLICE
Firearm Regulations Standards for licensed retail dealers Chapter 31
Procedures & Specifications for firearm record forms Chapter 33March 1999, as final.
March 1999, as final.The provisions of this chapter set forth regulations for the storage of firearms, rifles, and shotguns by licensed retail dealers in the event a clear and present danger to public safety is found to exist by the Commissioner of the State Police within this Commonwealth during the hours when licensed retail dealers are closed for business. The provisions of this chapter apply to all licensed retail dealers and their designated employees.
The regulations provide for the administration of the provisions of the Uniform Firearms Act for the implementation of the Pennsylvania Instant Check System (PICS) in order to approve or deny the sale or transfer of firearms and licenses to carry a firearm in accordance with the provisions of the UFA. The regulations also ensure the identity, confidentiality, and security of all information collected and disseminated by the PICS in accordance with the UFA.Ronald E. Plesco 717-772-0905 Procedures for the receipt and processing of DNA samples for the state DNA database. Chapter 58 July 1998, as final. This chapter sets forth policy and procedures for the collection, submission, preservation, analysis, and dissemination of information or records relating to DNA samples from individuals convicted of a felony sex offense or other specified offenses. Chris Tomsey 724-832-3299 Regulatory amendments to clarify various aspects of the Municipal Policy Officers' Education and Training Commission regulations, Chapter 203 March, 1999, as final. The provisions of this chapter set forth regulations for the administration of the training program for municipal police by the Municipal Police Officers' Education and Training Commission. The proposed amendments correct various aspects of existing regulations and suspend the vision standard until disposition of pending litigation. Major Richard Mooney 717-533-5987 STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date. TRANSPORTATION Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53 April 2000, as final. Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed package with the Department's Legal Counsel. Linley Oberman (717) 787-2780 60 - Permanent Registration of Fleet Vehicles September 1999, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Tom Zamboni (717) 787-3977 School Buses and School Vehicles Chapter 171 April, 1999, as proposed. Amendments are needed to clarify previous revisions and to address concerns raised by the School Bus Vehicle Industry and related Associations. The Department has prepared draft amendments based on recommendations received by various associations. Proposed Regulatory package final draft to be reviewed by Legal Counsel. Mike Kistler
(717) 783-4534Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83 April 1999, as proposed. As a result of a Pa Supreme Court decision (Clayton v.s. Department of Transportation), additional waivers to seizure disorder provisions must be adopted. The Department's Medical Advisory Board is in the process of approving proposed amendments. Mike Kistler (717) 783-4534 Liquid Fuels Tax Chapter 449 October 1999, as proposed. Regulatory review committee has been formed. Drafts of that result have been discussed with legal counsel. Dick Zerbe
(717) 787-2183School Bus Drivers Chapter 71 April 1999, as proposed. Creates waivers for school bus drivers, with medical conditions, who pose no significant danger to driving. The Department's Medical Advisory Board is in the process of approving proposed amendments. Mike Kistler (717) 783-4534 Work Zone Traffic Control Devices Chapter 203 June 1999, as proposed deletion. Repeal this chapter since it typically is more stringent than federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD would be incorporated into Chapter 211. Art Breneman (717) 787-3620 Official Traffic Control Devices Chapter 211 June, 1999, as proposed. Repeal the current chapter since it duplicates federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Adopt the MUTCD by reference, and provide some additional criteria unique to the Commonwealth. Art Breneman (717) 787-3620 Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks Chapter 181 March 1999, as proposed. Repeal - incorporate provisions in Chapter 231 Daniel Smyser (717) 787-7445 Engineering and Traffic Studies Chapter 201 June, 1999, as proposed. Repeal this chapter since it typically is more stringent than federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD would be incorporated into Chapter 211. Art Breneman (717) 787-3620 Intrastate Motor Carrier Safety Requirements Chapter 231 March 1999, as proposed. Incorporate new Federal provisions, and provisions from Chapter 181. Daniel Smyser (717) 787-7445 Hazardous Materials Transportation Chapter 403 March 1999, as proposed. Incorporate new Federal provisions and eliminate registration requirement. Daniel Smyser (717) 787-7445 Airport Rating Licensing - Chapter 471 June 1999, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reiz
(717) 705-1234Financial Responsibility Obligations of Insurance Companies & Vehicle Owners - Chapter 221 January 1999, as proposed. Proposed amendment would mandate the reporting of new business policies written by automobile insurance companies. This will assist in the enforcement of mandatory financial responsibility insurance laws. Rich Bettinger (717) 787-7767 Consultant Highway Design Errors Chapter 455 July 1999, as proposed Since there is no legal need for this chapter, the Department proposes to delete Chapter 455 and propose a Department policy to address consultant design errors. Charles Allwein (717) 783-9309 [Pa.B. Doc. No. 99-205. Filed for public inspection February 5, 1999, 9:00 a.m.]