225 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Review

[28 Pa.B. 700]

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

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

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

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

Regulation Being	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	April 1998, as proposed.	This regulation is in the process of revision to conform to the requirements of Acts 169-96 and 13-97 and will receive final review by stakeholders. Review is occurring as a result of these Acts and of Executive Order 1996-1.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 15 Protective Services For Older Adults	July 1998, as proposed.	This regulation is being reviewed as a result of Executive Order 1996-1 and of Acts 169-96 and 13-97; it will receive initial review by stakeholders in early 1998.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	September 1998, as proposed.	This regulation is in the process of review by interested parties. Review is occurring as a result of Executive Order 1996-1.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 3 Fair Hearings and Appeals	June 1998, as proposed.	This regulation is being sent for initial review by stakeholders. Review is occurring as a result of Executive Order 1996-1.	Robert Hussar 717-783-6207
AGRICULTURE
Agricultural Land Conservation Assistance Grant Program 7 Pa. Code Chapter 138h	June 1998, 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.	Raymond Pickering [phone]
''Clean and Green'' Regulations 7 PA.Code Chapter 137	September 1998, as proposed.	County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P. S. .§§  5490.1-5490.13), and favor a revision of current regulations to promote uniform and consistent interpretation and enforcement of the Act statewide. The current regulations have not been revised in 15 years. The Pennsylvania Farmland and Forest Land Assessment Act of 1974, known commonly as the ''Clean and Green'' Act (72 P. S. §§ 5490.1-5490.13) is the statutory basis for the regulation.	Raymond Pickering [phone]
Consolidation/Update of Retail Food Store Regulations	July 1998, 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.	Charles Radle [phone]
Food Employee Certification 7 Pa. Code Chapter 83	April 1998, as final.	This regulation is required by the Food Employee Certification Act (3 Pa. C.S. Sections 6501-6510), and will establish standards for training of certain food industry personnel.	Martha Melton [phone]
Maple Products	June 1998, 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.	Charles Radle [phone]
Harness racing commission	September 1998, 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 [phone]
Horse racing commission.	No publication anticipated in next 12 months.	This commission plans an update of its regulatory authority (at 58 Pa. Code Chapters 161, 163, 165, 167, 171 and 173), for the same general reasons and on the basis of the same statutory authority cited by the Harness Racing Commission, above.	Ben Nolt [phone]
Bureau of Market Development. Standards for Grading Veal Calves.	March 1998, 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.	Richard McDonald [phone]
Certification of Virus-Tested Geraniums.	September 1998, as proposed.	This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 PA.Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically- important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services.	Ruth Welliver [phone]
Dog Law	June 1998, 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 [phone]
Plant Industry Regulations Land application of soil & groundwater contaminated with agricultural chemicals.	June 1998, 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.	David Bingaman [phone]
Farm Safety and Occupational Health Grant Program	February 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.	John Tacelosky [phone]
Fruit Tree Improvement Program.	December 1998, as proposed.	This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/ insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers.	Ruth Welliver [phone]
Rides and Measurement Standards	July 1998, as proposed.	Senate Bill 509 of 1996 was enacted into law as the Consolidated Weights and Measures Act at 3 Pa. C.S. §§ 4101-4193). This statute will necessitate regulatory revisions. This regulation is a long-term project intended to update regulatory authority. The Consolidated Weights and Measures Act (3 Pa. C.S. §§  4101-4193) is the statutory basis for the regulation.	Charles Bruckner [phone]
BANKING
Secondary Mortgage Loan Act regulations.	No publication anticipated in the next six months.	The Secondary Mortgage Loan Act (''SMLA''), 7 P. S. §  6601 et seq., was passed in 1980 and most recently amended by Act 15 of 1995. The Department is evaluating 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, [phone]
''Other investments'' regulations for Pennsylvania state-chartered banking institutions.	No publication anticipated in the next six months.	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 is evaluating the need for such regulatory guidance and authority in the context of modernizing investment authority for Pennsylvania state-chartered banking institutions.	Reginald S. Evans [phone]
Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions.	No publication anticipated in the next six months.	The existing leeway investments regulations are located at 10 Pa. Code §§  27.1 - 27.4 and have been effective since March 9, 1974. 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 is evaluating 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 to make leeway investments.	David H. Bleicken [phone]
BUDGET
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Certified Provider	Spring, 1998, as proposed.	In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the department.	Russell C. Bellavance [phone]
Pennsylvania Industrial Development Authority 12 Pa. Code Chapter 73 (review for amending and deleting)	Spring, 1998, as proposed.	The regulation will delete those portions of the existing regulation of The Pennsylvania Industrial Development Authority Board which ought to be in policies or guidelines rather than in regulation and, if any portion of the regulation remains, it will be brought current to comport with actual administration of the PIDA program	Gerald W. Kapp, Jr. [phone]
COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this date.
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants	September 1998, 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 [phone]
State Forest Rules and Regulations	June 1998, as final.	This proposal is an update of existing regulations regarding conduct on State Forest land. The legal basis for these regulations is Section 301 of Act 18 of 1995. This update also includes changes to improve compliance where roads are closed to vehicular access, to provide for better protection of designated hiking trails, and to establish special activity agreements for commercial use of state forest roads.	Warren A. Ely [phone]
State Forest Picnic Areas Rules and Regulations	June 1998, as proposed.	This proposal is an update of existing regulations regarding conduct in State Forest Picnic Areas. The legal basis for these regulations is Section 301 of Act 18 of 1995.	Warren A. Ely [phone]
CORRECTIONS
Motivational Boot Camp Act 61 P. S. Section 1221 et seq.	June 1998, as proposed.	The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training.	Kathleen Gnall [phone]
Prison Medical Service Program	January 1998, as final.	The regulations are mandated by the Prison Medical Service Act, of May 16, 1996, Act No. 1996-40, and will enable the Department to require inmates to pay a fee for medical services. The regulations will describe the services which will and will not be subject to a fee, establish the fees and provide a mechanism for collection of the fees.	Kathleen Zwierzyna [phone]
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	June 1998, 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 (717 975-4876
Amendment of Media Relations regulations	January 1998, as final.	The regulations will be repealed because other internal departmental policies will enable media access to the inmate population. Repeal under such circumstances is consistent with the general principle of Executive Order 1996-1 that viable non-regulatory alternatives are preferred over regulations.	Roger H. Baumgarten [phone]
Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code.	Spring/Summer 1998, as proposed.	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 [phone]
EDUCATION
Pupil Personnel Services Pupil Attendance Students 22 Pa. Code, Chapters 7, 11, 12	May 1998, 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 nonregulatory 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 [phone]
Special Education Services and Programs 22 Pa. Code, Chapter 14	July 1998, 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.	Peter Garland [phone]
School Buildings 22 Pa. Code, Chapter 21	May 1998, 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 [phone]
Higher Education General Provisions Foreign Corporation Standards Institutional Approval 22 Pa. Code, Chapters 31, 36, 40	July 1998, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions to Chapters 31 and 40 are necessary to clarify the intent of the chapters and to modify the time frame during which new institutions must achieve accreditation. 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 [phone]
Branch Campuses for State-supported Institutions Program Approval 22 Pa. Code, Chapters 34, 42	August 1998, as proposed.	These regulations are necessary to establish procedures for the approval of branch campuses and for the approval of programs offered by institutions. 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 [phone]
Academic Standards and Assessment 22 Pa. Code, Chapter 4	April 1998, as proposed.	These regulations are proposed to establish rigorous academic standards and assessments for the public schools of the Commonwealth. These proposed regulations are designed to replace current Chapters 3 (School Profiles), 5 (Curriculum) and 6 (Vocational 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 [phone]
Gifted Education 22 Pa. Code, Chapter 16	February 1998, as proposed.	These regulations are proposed to establish separate rules for programs and services for gifted students apart from those established for other special needs students. Current 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 [phone]
Extended School Year Services 22 Pa. Code, Chapter 14, §§ 14.1, 14.34 & Chapter 342, § 342.34	February 1998, as final.	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. These amendments are necessary to ensure that Commonwealth regulations and standards are consistent with federal law and judicial decisions affecting extended school year services for eligible students and to provide guidance to local educational agencies when determining whether or not eligible students under Chapter 14 are entitled to extended school year services. Additional legal basis is found in 20 U.S.C. Section 1400 et seq. known as the Individuals with Disabilities Education Act, and implementing regulations at 34 CFR Part 300.	William Penn [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	May 1998, as proposed.	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 [phone]
General Standards for Preparation of Professional Educators 22 Pa. Code, Chapter 352	January 1998, as proposed.	These regulations will provide general standards for the preparation of professional educators for 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 [phone]
Private Driver Training Schools 22 Pa. Code, Chapter 101	April 1998, as final.	These regulations provide an updated set of rules and regulations for private driver training schools. The current regulations were adopted in 1970.	Robert Roush [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this date.
ENVIRONMENTAL HEARING BOARD
25 PA Code §§  1021	March 1998, as proposed.	The regulations are being reviewed and revised on an ongoing basis. The 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	June 1998, as final to the EQB.	The proposal has been developed to streamline and improve the existing program and to address EPA disapproval issues. The Department utilized a regulatory negotiation (Reg Neg) process to develop program changes at proposed rulemaking; however, expediting the regulation changes has been given a high priority as a result of a Federal Court order that EPA promulgate Federal regulations to correct program disapproval issues. EPA promulgated regulations for Pennsylvania in December 1996. The Reg Neg Group included representatives of conservation groups, the regulated community, public interest groups and government. The EQB received over 1,700 comments on its proposal. The Department has considered and responded to comments and is preparing final amendments. The Water Resources Advisory Committee (WRAC) will be briefed on the final rulemaking.	Carol Young, 717-787-4686
Stream Redesignations - French Creek, et al. (Part A) Clean Streams Law	March 1998, as final to the EQB.	This proposal evaluates 26 water bodies in 15 counties for addition, deletion or modification to the Special Protection use designations or for addition of use designations for streams which were not previously listed in Chapter 93. The changes will allow wastewater treatment requirements for dischargers to be consistent with water uses actually or potentially supportable by these streams. French Creek (Chester County), Sutton Creek (Luzerne County), Cedar Run and Slate Run (Lycoming and Tioga Counties), and Cove Creek (Bedford County), were evaluated as a result of petitions submitted to the Environmental Quality Board (EQB). Part B of the package contains recommendations for Browns Run (Warren County) and Trout Run (York County) and will be restudied by the EQB and considered in early 1999.	Tom Barron, 717-787-9637
Chapters 91, 97 & 101 - Wastewater Management Clean Streams Law	April 1998, 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 DEEP to issue general water quality management permits. The former Water Subcommittee of the Air and Water Quality Technical Advisory Committee (AWQTAC), which has been renamed the Water Resources Advisory Committee (WRAC), reviewed this proposal in February 1997. The proposal was discussed with the Agricultural Advisory Board (AAB) in October 1997. WRAC and the AAB will review the draft final rulemaking in early 1998.	Milt Lauch, 717-787-8184
Chapter 94 - Municipal Wasteload Management Clean Streams Law	April 1998, as final to the EQB.	This proposal was developed as a result of the RBI and Executive Order 1996-1 and deletes regulations related to implementation of the federal pretreatment program. These references are unnecessary because DEP has not accepted delegation of this EPA program, nor does it plan to seek delegation in the foreseeable future. The proposal also provides clarity with respect to annual reporting requirements for municipal wastewater facility permittees. WRAC will review the draft final rulemaking in early 1998.	Milt Lauch, 717-787-8184
Chapters 92, 93, 95, 96 & 97 - Water Quality Amendments Clean Streams Law	March 1998, as proposed to the EQB.	These revisions will address several of the principles of the RBI and Executive Order 1996-1. The revisions will reorganize these chapters into permitting, water quality standards and implementation chapters respectively and will make several modifications to the programs. The WRAC reviewed drafts of the proposed rulemaking. The draft proposal was discussed with the AAB in December 1997.	Carol Young, 717-787-4686
Chapter 102, Erosion Control Clean Streams Law	Fall 1998, as final to the EQB.	This proposal 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. The WRAC and the AAB will review drafts of the final rulemaking.	Ken Murin, 717-787-6827

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being	Proposed Date		Agency
Considered	for Promulgation	Need and Legal Basis for Action	Contact
Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act	December 1998, 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) and the AAB are reviewing drafts of the proposal.	Ken Reisinger, 717-787-6827
Chapter 171, Schools Administrative Code of 1929	June 1998, as final to the EQB.	The Department proposes to eliminate these regulations concerning general sanitation at private and public schools because of the transfers of the Eating and Drinking Program to the Department of Agriculture and the Bathing Place Program to the Department of Health. The Department is working with these agencies to ensure that all regulatory programs continue to be administered in schools. Most basic sanitation requirements such as adequate sewage disposal, safe drinking water and proper solid waste disposal are provided by existing programs in DEP.	Joseph Hoffman, 717-787-5017
Bottled Water Systems Permit by Rule Safe Drinking Water Act	March 1998, as proposed to the EQB.	These amendments to Chapter 109 would incorporate a permit by rule for bottled water systems meeting specified criteria to streamline the permitting process. DEEP formed a working group of stakeholders and other interested parties to assist in identifying and selecting implementation options. The draft amendments will 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 Technical Assistance Center for Small Water Systems and WRAC have reviewed the draft amendments.	John Wroblewski, 717-787-9037
Chapters 260-270 - Comprehensive Hazardous Waste Amendments Solid Waste Management Act	September 1998, 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 SWAC reviewed the draft proposed rulemaking and will review the draft final amendments. The proposed rulemaking was published December 6, 1997. The public comment period closed February 4, 1998.	Rick Shipman, 717-787-6239
Municipal Waste Revisions Solid Waste Management Act	April 1998, as proposed to the EQB.	This proposal changes the environmental assessment requirements to evaluate harms or potential harms vs. benefits; revises the criteria for permit issuance or denial based upon harms vs. benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for odor, noise and other nuisance 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 mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; revises the facility design and operating standards for composting facilities to be more performance based; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The draft proposal was reviewed by SWAC.	Bill Pounds, 717-787-7564
Residual Waste Revisions Solid Waste Management Act	March 1998, as proposed to the EQB.	The 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 the assessment and abatement procedures to be consistent with the Act standards; includes standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces 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; expands the current permit-by-rule provisions; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft proposal was reviewed by SWAC.	Bill Pounds, 717-787-7564
Waste Oil Amendments Solid Waste Management Act	April 1998, as proposed to the EQB.	This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC reviewed the draft amendments in January 1998.	Bill Pounds, 717-787-7564
Aerospace Manufacturing and Rework - VOC Emission Limitations Air Pollution Control Act	May 1998, as final to the EQB.	This proposal establishes surface coating, adhesive, solvent cleaning, and housekeeping requirements specific to the aerospace manufacturing and rework industry. Presently, these operations are regulated, where applicable, by the general surface coating limitations contained in Section 129.52. The proposed regulation is based on the provisions of an EPA draft Control Techniques Guidance (CTG) which specifies minimum performance levels. The CTG and the companion maximum achievable control technology (MACT) document stress pollution prevention in use, reuse/recycling, handling, storage and disposal of solvents. The EPA CTG and MACT also specify application techniques which may be used. These requirements acknowledge the unique nature of the aerospace coatings and coating processes and provide for the use of some materials which have higher VOC levels than are permissible under existing regulations. The proposal also deletes the requirement from Section 129.51 which requires that all equivalencies be submitted to EPA as revisions to the State Implementation Plan (SIP). The Air Quality Technical Advisory Committee (AQTAC) reviewed the draft proposal and will review the draft final amendments.	Terry Black, 717-787-4310
New Motor Vehicle Emissions Control Program Air Pollution Control Act	September 1998, as final to the EQB.	This proposal establishes the mechanism for Pennsylvania to opt into the National Low Emission Vehicle (NLEV) program. It allows NLEV to be a fully acceptable compliance alternative to state emission limitations established for certain new vehicles sold after a specified model year. Should the state program be implemented, the applicable model year will be determined based on the time of adoption of the final rule; however, the model year cannot be earlier than the second model year following final adoption. The state emission limitations for nonmethane organic compounds (NMOG) and oxides of nitrogen (NOx) must be identical to those in effect for those applicable to cars sold in California. Each manufacturer must also meet a fleet emissions average for NMOG which gets increasingly more stringent over the years until 2003. This allows the manufacturer to vary the mix of vehicles according to market demand. The program will not require ''California fuels'' nor a zero emissions vehicle (ZEV) mandate. The AQTAC reviewed this proposal and will review the final amendments. The proposed rulemaking was published November 29, 1997.	Arleen Shulman, 717-787-4310
Control of VOCs from Gasoline Dispensing Facilities (Stage II) Air Pollution Control Act	April 1998, as final to the EQB.	DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies resulted in proposed regulations regarding Stage II. This proposal will result in a revision to the SIP. The AQTAC was briefed in the development of the final rulemaking.	Terry Black, 717-787-4310
Air Quality Amendments - RBI #2 Air Pollution Control Act	April 1998, as final to the EQB.	These amendments are the second in a series of regulatory proposals implementing changes to DEP's air resource regulations resulting from the RBI. The proposal deletes portions of Chapter 128 which established alternative emission reduction limitations for certain air contamination sources; allows 45 days in Section 129.56 for repairs of defective seals on floating roof storage tanks of 40,000 gallons or more; revises Section 129.67(b)(2) to insert the term ''less water'' which was inadvertently deleted in a previous rulemaking; deletes the perchloroethylene (perc) requirements for dry cleaning facilities in Section 129.70 since EPA no longer considers perc a volatile organic compound (VOC); and deletes the Pennsylvania ambient air quality standards for sulfates, hydrogen fluoride and hydrogen sulfide in Chapters 131 and 139 because they are not required under the Clean Air Act. The ATAC will review the draft final amendments.	Terry Black, 717-787-4310
Malodors - RBI #3 Air Pollution Control Act	June 1998, as final to the EQB.	The malodor 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. 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 propose a separate rulemaking package regarding emission reduction credits. In addition, 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 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, and EPA indicates that final rules are to be issued in mid 1998. 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
Surface Coating Processes Air Pollution Control Act	April 1998, as proposed 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 will review the draft regulations.	Terry Black, 717-787-4310
Mobile Equipment Repair and Refinishing Air Pollution Control Act	December 1998, 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 will establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation will also establish permitting requirements, pollution prevention and work practice standards. The AQTAC reviewed the draft proposed regulations.	Terry Black, 717-787-4310
Degreasing Operations Air Pollution Control Act	June 1998, 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. The AQTAC will review the draft proposed rulemaking.	Terry Black, 717-787-4310
Emissions Trading - NOx and VOCs (ERCs)	July 1998, as proposed to the EQB.	The proposed regulations will modify the existing program for emissions trading of NOx and VOCs. The AQTAC will review a draft of the proposed rulemaking. The proposed rule will address the generation of ERCs from pre-1994 source shutdowns; the elimination of VOC offset requirements in certain attainment counties; elimination of offset requirements for NOx MOU covered sources; and issues related to enhanced BAT.	Terry Black, 717-787-4310
Chapter 240, Radon Certification Radon Certification Act	December 1998, as proposed to the EQB.	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. Draft regulations are anticipated to be developed by July 31, 1998.	Michael Pyles, 717-783-3594
Low-Level Radioactive Waste - Waste Minimization Low-Level Radioactive Waste Disposal Act	March 2000, as proposed to the EQB.	DEP prepared a draft waste minimization issues (WM) paper which identifies ideas and options pertaining to waste minimization plan requirements for low-level radioactive waste generators. This document was presented to the Low-Level Waste Advisory Committee (LLWAC) in September 1997. The WM issues paper was subsequently converted into draft WM criteria and was presented to the LLWAC on December 12. The draft WM criteria document is anticipated to be finalized by June 1998.	Rich Janati, 717-787-2163
Radiological Health (Chapters 216, 218, 221, 223, 227, 228) Radiation Protection Act	July 1998, as final to the EQB.	The Department is developing amendments to its radiological health regulations which were last revised in 1983. The amendments will address technological advances, mostly in the medical profession, which have occurred since that time. Issues to be addressed include new diagnosis and treatment methods, and particle accelerators which have changed in design and function. The amendments will offer increased protection to both employees and patients for medical diagnosis and treatment applications and address health and safety concerns, including the reduction in unnecessary exposure to patients and employees/operators. The Department consulted with its Radiation Protection Advisory Committee (RPAC) to solicit input on a draft of the regulations. RPAC will review the draft final regulations in April 1998.	Stuart Levin, 717-787-3720
Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act	November 1998, as final 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 consulted with RPAC to solicit input on a draft of the 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 Act	Fall 1998, 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. This proposal was reviewed by the MRAB and is anticipated to be published in February.	David Hogeman, 717-787-4761
Chapter 89 - Mine Subsidence Control, Damage Repair (Act 54) Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation Act	March 1998, as final to the EQB.	Various sections of Chapter 89 are obsolete and are being addressed along with amendments which are necessary to bring Pennsylvania's program into conformance with 1994 amendments to Pennsylvania law (Act 54) and 1995 amendments to Federal regulations. These changes involve subsidence damage and water loss due to underground bituminous coal mining. These changes do not fall within the purview of the MRAB; therefore, there was no advisory committee review.	Harold Miller, 717-783-8845
GENERAL SERVICES
Instructions to Bidders 4 Pa. Code, Chapter 61	Spring, 1998, 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 [phone]
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	Spring, 1998, as proposed.	See comment for Chapter 61.	Merle H. Ryan [phone]
State Art Commission 4 Pa Code, Chapter 65	Spring, 1998, as proposed.	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Summer, 1998, 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 [phone]
Contract Compliance 4 Pa. Code, Chapter 68	Spring, 1998, as proposed.	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	John R. McCarty [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Summer, 1998, as proposed.	Amendments are required because parking locations have been changed.	Ronald L. Coy [phone]
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Summer, 1998, 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 Ankabrandt [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Fall, 1998, 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 Pennsylvania Code. The Pennsylvania Code contractor is now responsible for Pennsylvania Code subscriptions. New regulations will be developed to address sales of Commonwealth publications in general.	John R. McCarty [phone]
First Amendment Rights Amendment to 4 Pa. Code, Chapter 86	Spring, 1998, 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 [phone]
Death Benefits for Survivors of Firemen and Law Enforcement Officers 4 Pa. Code, Chapter 89	Summer, 1998, 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 [phone]
HEALTH
Emergency Medical Services 28 Pa. Code § 1001.1 et seq.	July 1998, as proposed.	The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921-6938.	Kenneth Brody 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	October 1998, as proposed.	The amendments to existing regulations to make them consistent with current public health practices for the control of communicable and other reportable conditions. Currently under review by Bureau of Community Health, Bureau of Preventive Health, Bureau of Epidemiology and Bureau of Maternal and Child Health.	Suzanne Craig 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.	October 1998, as proposed.	The amendments to existing regulations to make them consistent with current local health administration practices. Currently under review by Bureau of Community Health.	Suzanne Craig 717-783-2500
Drug and Alcohol Confidentiality 4 Pa. Code § 255.1 et seq. and § 257.1 et seq.	July 1998, 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.	Keith Fickel 717-783-2500
Newborn Screening 28 Pa. Code § 28.1 et seq.	No publication anticipated in the next six months.	These regulations are to address amendments to the Newborn Child Testing Act regarding procedures and time frames for the drawing of blood and filing of reports and the addition of two reportable diseases. Authority for these regulations is set forth in the Newborn Child Testing Act, 35 P. S. § 621.1 et seq.	Yvette Kostelac 717-783-2500
Amendments to the List of Drugs Which Optometrists May Use in the Course of Their Practice 28 Pa. Code Ch. 6	March 1998, as proposed.	These amendments to the regulations currently set out at 28 Pa. Code Ch. 6 are intended to comport with the expansion of the definition of the practice of optometry in the Optometric Practice and Licensure Act, (P. L. 197, No. 57) (63 P. S. § 244.1 et seq.). That act was amended by the Act of October 30, 1996, (P. L. 721, No. 130) to permit the administration and prescription of legend and nonlegend drugs as approved by the Secretary of Health for treatment of certain areas of the visual system, and under certain conditions. These proposed regulations include an expanded list of drugs approved by the Secretary for use by optometrists in the course of their practice.	Yvette Kostelac 717-783-2500
Environmental Health Assessment 28 Pa. Code § 17.1 et seq.	July 1998, as proposed.	These amendments are necessitated by the transfer of authority for certain environmental regulations from the Department of Environment Protection to the Department of Health. The DOH has met with consumer groups to obtain stakeholder input.	Nan Lipton 717-783-2500
Dental Laboratories 28 Pa. Code §  25.301 et seq.	March 1998, as proposed.	These new regulations are needed to establish standards for the operation of laboratories in dental offices, as required by the Controlled Substances, Drug Device and Cosmetic Act at 35 P. S. § 780-101 et seq.	Laurie McGowan 717-783-2500
Managed Care Organizations 28 Pa. Code §§  9.1-9.227	July 1998, as proposed.	Amendment and update of regulations for Health Maintenance Organizations and Preferred Provider Organizations.	Howard Burde Laurie McGowan 717-783-2500
Head Injury Program	February 1998, as proposed.	Regulations will facilitate the implementation of this program.	Lawrence Otter 717-783-2500
Health Facility Licensure-- Ambulatory Surgical Facilities 28 Pa. Code § 551.1 et seq.	March 1998, as final.	Amendment and update of regulations for ambulatory surgical facilities. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure-- Long Term Care Facilities & 28 Pa. Code § 201.1 et seq.	April 1998, as final.	Amendment and update of regulations for long term care facilities. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure-- General & Special Hospitals & Health Planning 28 Pa. Code § 101.1 et seq. 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	March 1998, as proposed.	Amendment and update of regulations for general and acute care hospitals, emergency services and psychiatric services. Also, the chapters on health planning are proposed for repeal. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure-- General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.	February 1998, as final.	Addition of general administrative chapter providing regulations relevant to all health care facilities; and addition of chapters to the general and special hospital regulations detailing requirements for the provision of specific types of services: open heart surgery, cardiac catheterization, organ transplantation surgery and neonatal care. Review occurred due to sunset of Certificate of Need.	James T. Steele, Jr. 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
Pennsylvania Infrastructure Investment Authority Financial Assistance, (relating generally to Letters of No Prejudice). 25 Pa Code Chapter 963.17(b)	Summer 1998, as proposed.	These amendments to Chapter 963 will notify the public of certain less onerous regulatory requirements for obtaining a Letter of No Prejudice. The Letter of No Prejudice is an exception to PENNVEST's refinancing limitation allowing the applicant or potential applicant to proceed to construction provided a satisfactory financial plan to interim fund the project is approved and the construction is necessary to accomplish an objective delineated in Section 963.17(b)(2) of PENNVEST's regulations. These amendments will eliminate the need to demonstrate why the Letter of No Prejudice is necessary, leaving that decision with local government. As a result, the Letter of No Prejudice shall be issued upon request provided the applicant or potential applicant has a satisfactory financial plan approved by PENNVEST. The grant of authority to issue amendments to 25 Pa. Code§ 963.17(b) is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act, 35 P. S. § 751.6(4)(i).	Brion Johnson [phone] Jayne B. Blake [phone]
Individual On-Lot Sewage Disposal System Program. 25 Pa Code Chapter 967	Summer 1998, as proposed.	The On-Lot Program affords citizens of the Commonwealth a means to finance and comply with environmental sewage disposal regulations in rural areas where households are not and will not be served by a centralized sewage disposal system. The aforementioned regulations set forth the terms and conditions for obtaining financial assistance from the On Lot Program and are necessary to instruct the individual homeowners on the particulars of the On-Lot Program. For example, the On-Lot Program regulations will inform the homeowners on how to apply for assistance, funding eligibility criteria and on how the Program is administered. The On-Lot Program regulations are a collaborative effort of the United States Environmental Protection Agency, the Department of Environmental Protection , the Pennsylvania Housing Agency and PENNVEST. The grant of authority to issue these regulations is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act 35 P. S. § 751.6(4)(i).	Brion Johnson [phone] Jayne B. Blake [phone]
INSPECTOR GENERAL
No regulations being developed or considered at this date.

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being	Proposed Date		Agency
Considered	for Promulgation	Need and Legal Basis for Action	Contact
INSURANCE
Operating Expense Classifications 31 Pa. Code, Chapters 1, 5, 7 and 9	January 1998, as final.	Repeal obsolete, unnecessary regulations. The Insurance Commissioner has determined that the form, instructions and manuals prescribed by the National Association of Insurance Commissioners (NAIC) sufficiently address the classification of the types of expenses covered in the regulations. Therefore, the regulations are outdated and redundant to the NAIC guidelines and are no longer needed.	Peter J. Salvatore 717-787-4429
Allocation of Joint Expenses 31 Pa. Code, Chapter 3	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	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	July 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	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	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	August 1998, 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
Disclosure of Material Transactions 31 Pa. Code, Chapter 27	March 1998, as final.	Under § 320 of The Insurance Company Law of 1921 (40 P. S. § 443), insurers transacting business in the Commonwealth are required to file financial statements with the Department on an annual basis, and the Department has the discretion to require additional statements as necessary. The proposed regulation requires domestic insurers to file interim statements of specific transactions which may have an effect on the financial condition of the company. The regulation is required for continued accreditation by the NAIC.	Peter J. Salvatore 717-787-4429
Advances to Mutual, Stock and Life Companies	January 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	May 1998, as proposed.	Amend regulation to be consistent with Pennsylvania Assigned Risk Plan	Peter J. Salvatore 717-787-4429
Producer Licensing 31 Pa. Code, Chapter 37	April 1998, 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 38	April 1998, as proposed.	Amend Statement of Policy regarding procedures for National and State Chartered Banks to sell insurance and annuities.	Peter J. Salvatore 717-787-4429
Producer Licensing 31 Pa. Code, Chapter 39	April 1998, 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
Fraternal Benefits Societies Administration 31 Pa. Code, Chapter 41	March 1998, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Reserves of Beneficial Societies 31 Pa. Code, Chapter 43	December 1998, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Advertising of Insurance 31 Pa. Code, Chapter 51	May 1998, 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	March 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Publication of Citations and Notice of Hearings 31 Pa. Code, Chapter 57	March 1998, 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	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	May 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	July 1998, 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	July 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Uninsured Motorist Coverage 31 Pa. Code, Chapter 63	August 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	July 1998, as proposed.	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	March 1998, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Catastrophic Loss Trust Fund 31 Pa. Code, Chapter 67, §§ 67.1-16	July 1999, as final.	Amend obsolete regulation for the automobile insurance Catastrophic Loss Trust Fund. The Fund was abolished and replaced with the Catastrophic Loss Benefits Continuation Fund.	Peter J. Salvatore 717-787-4429
Motor Vehicle Financial Responsibility Law - Evidence of Financial Responsibility 31 Pa. Code, Chapter 67, §§ 67.21-28	June of 1998, as final.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Motor Vehicle Financial Responsibility Law Consumer Protections Statement of Policy 31 Pa. Code, Chapter 68	June 1999, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Credit Insurance 31 Pa. Code, Chapters 71 and 73	February 1998, as final.	Delete Chapter 71 and amend Chapter 73. Because legislation passed in July 1994 expanded the Insurance Department's regulatory authority over credit unemployment insurance, the current credit insurance regulations will be expanded to include credit unemployment insurance. Additionally, the regulations will be revised to provide for less burdensome rating and rate deviation procedures, for new prima facie rates, and to incorporate and update numerous current credit insurance notices and guidelines.	Peter J. Salvatore 717-787-4429
Life Insurance Illustrations	September 1998, 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	July 1998, 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 1998, 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	July 1998, 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	May 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Minimum Reserve Standards 31 Pa. Code, Chapter 84a., §§ 84a.1-8	July 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Actuarial Opinion & Accumulation Contracts 31 Pa. Code, Chapter 84b., §§ 84b.1-11	September 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Variable Annuity & Accumulation Contracts 31 Pa. Code, Chapter 85, §§ 85.1-40	July 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Premium & Retirement Deposit Fund 31 Pa. Code, Chapter 86, 86.1-12	July 1998, as proposed.	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, §§ 87.1-42	August 1998, 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, §§ 88.1-195	September 1998, 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 §§ 89.1-11 and § 89.17	May 1998, 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, 89.18-62 and 89.101	August 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Separate Accounts for Principle and Interest Guarantees 31 Pa. Code, Chapter 90a, §§ 90a.1-31	July 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Various Individual Death/Life/Annuity Benefits 31 Pa. Code, Chapter 90c-90h	August 1998, 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	January 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	August 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Consent to Rate Filings 31 Pa. Code, §§ 113.1-9	October 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Mass Merchandising of P&C Insurance 31 Pa. Code, §§ 113.51-62	January 1998, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Notice of Increase in Premium 31 Pa. Code, Chapter 113,''113.81-87	March 1998, as final.	Amend current regulations to be consistent with 1995 amendments to Act 86 of 1986, which governs the termination of commercial property and casualty insurance policies. Act 10 of 1995 reduced the period for advance notice of increase in renewal premium from 60 to 30 days and eliminated the requirement that companies provide insureds with notice of estimated increases in premium. The proposed regulation reflects these statutory changes and clarifies various other provisions of Act 86 .	Peter J. Salvatore 717-787-4429
Public Adjusters 31 Pa. Code, Chapter 115	June 1998, 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, ''116.1-9	May 1998, as proposed.	Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Anti Arson Application 31 Pa. Code, Chapter 117, §§ 117.1-8	March 1998, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Discounting Medical Malpractice Loss Reserve 31 Pa. Code, Chapter 118. ''118.1-6	May 1998, as proposed.	Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Fees for Out of State Companies 31 Pa. Code, Chapter 121	March 1998, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Surplus Lines 31 Pa. Code, Chapter 124	March 1998, as proposed.	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	July 1998, as proposed.	Amend pursuant to Executive Order 1196-1.	Peter J. Salvatore 717-787-4429
Title Insurance 31 Pa. Code, Chapter 126	July 1998, as proposed.	Amend pursuant to Executive Order 1196-1.	Peter J. Salvatore 717-787-4429
Deductible Program 31 Pa. Code, Chapter 131	January 1998, as final.	Repeal 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	September 1998, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Qualifications of Persons Signing Annual Financial Statements 31 Pa. Code, Chapter 135	March 1998, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Miscellaneous (Unsafe Products, Consumer Affairs, Advertising 31 Pa. Code, Chapter 137	February 1998, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Description of Reserves - Prohibited Phrases 31 Pa. Code, Chapter 139	August 1998, 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	June 1998, 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	December 1998, 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	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	December 1998, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore 717-787-4429
Medical Professional Catastrophe Loss Fund 31 Pa. Code, Chapters 242 §§ 242.1- 242.20	December 1998, as proposed.	Act 135 of 1996 reforms the Medical Professional Liability Catastrophe Loss Fund (Fund) by raising primary coverage limits for health care providers to $300,000. The statute also changes the formula used to assess providers' Fund coverage from a premium based method to one fixed on filed Joint Underwriting Association rates. The Insurance Department will amend its regulations consistent with the statute.	Peter J. Salvatore 717-787-4429
Health Maintenance Organizations 31 Pa Code, Chapters 301-303	August 1998, as proposed.	Amend pursuant to Executive order 1996-1.	Peter J. Salvatore 717-787-4429
Underground Storage Tank Indemnification Fund - Claims Regulation 25 Pa. Code, Chapter 977	October 1998, 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.	Peter J. Salvatore 717-787-4429
Underground Storage Tank Indemnification Fund - Fee Regulation 25 Pa. Code, Chapter 971	October 1998, as final.	Amend the existing fee regulation for the Underground Storage Tank Indemnification Fund (USTIF) to comport with the USTIF Board's decision to reduce fees of the USTIF.	Peter J. Salvatore 717-787-4429
LABOR AND INDUSTRY
Workers' Compensation Judges and Workers' Compensation Appeal Board 34 Pa. Code Chapters 131 and 111	Fall 1998, 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. Draft (tentatively) to be prepared by September 1998, but not into approval process until late 1998 for Judges Rules. Workers' Compensation Appeal Board, draft tentatively in 1998.	Thomas J. Kuzma [phone]
Work-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	March 1998, 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 [phone]
Group Self Insurance Funds 34 Pa. Code Chapter 125	March 1998, as final.	These regulations will bring Chapter 125 into compliance with certain amendments (Sections 30582, 802 (b)(11), 819) which resulted from Act 57.	George Knehr [phone]
Underground Storage Facilities	July 1998, as proposed.	This regulation will address requirements for natural or man-made caverns used for LPG storage.	James Varhola [phone]
Dry Cleaning	October 1998, 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 [phone]
Personal Care Homes Housing Immobile Residents 34 Pa. Code Chapters 49, 55 & 56.	May 1998, 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 Leister [phone]
Asbestos Occupations Accreditation and Certification	June 1998, 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 [phone]
Elevators and Lifting Devices	October 1998, 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 [phone]
MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge 31 Pa Code §§ 242.1 et. seq.	January 1999, as proposed.	This regulations 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 1998, 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.	Robert P. Daday 717-861-8503
PARDONS
Recommendation 37 PA. Code §  81.301	April, 1998, as final omitted.	This regulation will be amended to conform with Joint Resolution 1997-2.	Nelson R. Zullinger 717-787-2596
PROBATION AND PAROLE
No regulations being developed or considered at this date.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Change in Benefit Payment Plan 22 Pa. Code §  213.45	January 1999, as proposed.	Under the current regulations, a benefit payment plan becomes irrevocable upon filing of the application for annuity. The member, however, does not receive a final audit of the retirement account until after the application has been filed and benefits have commenced. The proposed regulation seeks to correct the unfairness of having the member make irrevocable retirement elections before receiving final account information by making the benefit payment plan irrevocable only after the required account audit is performed. The regulations are promulgated under the authority of the Public School Employes' Retirement Code (Act of October 2, 1975, P. L. 298, No. 96, as amended), 24 Pa.C.S. §§ 8101-8535.	Frank Ryder [phone]
22 Pa. Code Chapters 201, 211, 213 and 215	No publication anticipated in next six months	These regulations are in the process of review as a result of Executive Order 1996-1.	Frank Ryder [phone]
PUBLIC WELFARE
Subsidized child day care	May 1998, as final.	The final regulation will provide policy changes needed to implement an integrated child care system as required by the Federal Child Care and Development Block Grant. The final regulation includes the requirements for a family to be eligible for the subsidized child care program and the benefit available through the subsidized child care system.	Tom Vracarich [phone]

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being	Proposed Date		Agency
Considered	for Promulgation	Need and Legal Basis for Action	Contact
Child Protective Services Law	February 1998, as proposed.	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 [phone]
Child Residential and Day Treatment Facility	February 1998, as proposed.	These revisions are being proposed to update regulations, which were last revised on June 7, 1986. 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 proposing the regulations is found in 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 [phone]
Medical assistance estate recovery	April 1998, as proposed.	This regulation will codify the department's collection practices to recover correctly paid Medical Assistance from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care (includes Intermediate Care Facilities/Mental Retardation 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 [phone]
Disclosure of social security number	June 1998, 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 [phone]
Continuation of Medical Assistance throughout pregnancy.	September 1998, 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 [phone]
Lump sum payments	February 1998, as proposed.	This proposed 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 [phone]
Veterans Affairs Aid and Attendance	June 1998, as final omitted.	This regulation codifies the provision that the VA aid and attendance benefit received by an MA recipient in a nursing facility is not counted as income when determining the amount of income an individual is expected to pay toward the cost of care. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Emergency Assistance Program	June 1998, as proposed.	This regulation eliminates the allocation of emergency assistance for housing under the cash grant line. Funding for this purpose will be transferred to the Office of Social Programs. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Exclusion of Resources-Medical Assistance children	October 1998, 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 [phone]
Workfare/Community Service	January 1999, 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 [phone]
General Assistance Restructure - Act 1994-49	February 1998, 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 [phone]
Elimination of transitionally needy component of general assistance program	February 1998, 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 [phone]
Act 1996-35 - General eligibility changes	February 1998, 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 [phone]
Elimination of PACE requirement	October 1998, 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 [phone]
Minor parent	February 1998, as final omitted.	This regulation incorporates Act 1995-20 revisions to the Temporary Assistance for Needy Families and General Assistance general eligibility requirements by adding a condition that, to receive cash assistance, certain minor parents who are applicants or recipients and the dependent children in the minor parent's care, must reside in the home of a parent, legal guardian, other adult relative, or in an adult-supervised supportive living arrangement, unless one of several exceptions is met. Act 35 expanded this provision to include the TANF-related category of categorically needy- nonmoney payment medical 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 [phone]
Real property liens	June 1998, 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. In addition, the regulation would address other policy issues and a general restructure of the existing chapter. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Criminal history	April 1998, 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 [phone]
Act 1996-35 - Provisions Effective March 3, 1997	February 1998, 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; establishing a two-tier benefit level based on residency; 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 [phone]
Act 1996-35 - Community Service	March 1998, 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 [phone]
Medical support rights	December 1998, as final omitted.	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 [phone]
Annuity rule	October 1998, 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 [phone]
Intentional Program Violations	April 1998, 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 [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT)	July 1998, 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 [phone]
Clozapine support services	May 1998, as final omitted.	This regulation codifies coverage for psychiatrists, outpatient psychiatric clinics and psychiatric partial hospital facilities for support services provided to MA recipients receiving clozapine. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Medical Assistance case management services	May 1998, 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 [phone]
General Assistance Restructure - Act 1994-49	May 1998, 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 [phone]
Prior authorization	May 1998, as final omitted.	This final regulation adds a prior authorization requirement for home health services, psychiatric partial hospitalization and multisource brand name drugs identified by the department as having equivalent generic drug products available for substitution. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Discontinue coverage - infertility	May 1998, 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 [phone]
Residential Treatment Facilities (RTF) for mental health services	May 1998, 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 [phone]
Pharmaceutical services drug coverage	May 1998, 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 [phone]
$150 deductible for General Assistance recipients	May 1998, 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 [phone]
Inpatient Hospital Services - Negotiated Rate Agreement	June 1998, as final omitted.	This final regulation incorporates the provisions of the negotiated rate agreement between the Department and the hospital industry. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Minimum Data Set	June 1998, as final omitted.	This final regulation replaces the Department's current minimum data set forth for long term care providers. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Early Intervention Services	September 1998, 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 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 [phone]
REVENUE
Books, Publications and Advertising Materials 61 Pa. Code §  31.29	September 1998, 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
Calculation of Title Insurance Company Gross Premiums 61 Pa. Code §  162.11	June 1998, as final.	The Department is proposing a change in the method of calculating the gross premiums tax on title insurance policies for which the issuer charges the insured an all-inclusive fee pursuant to the rate schedule approved by the Pennsylvania Insurance Department.	Douglas A. Berguson 717-787-1382
Cigarette Tax 61 Pa. Code, Article III	January 1998, as final.	This regulation is a comprehensive amendment to the cigarette tax regulations set forth in Title 61, Article III. Cigarette and Beverage Taxes.	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	April 1998, 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	May 1998, 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	March 1998, as proposed.	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	June 1998, 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
Corporate Net Income Tax Taxpayers and Capital Stock and Foreign Franchise Tax Taxpayers 61 Pa. Code §§  153.1 and 155.1	May 1998, as proposed.	Act 7-1997 substantially revised the entities that are subject to the corporate net income tax and capital stock franchise tax effective for tax years beginning after December 31, 1997. The purpose of the regulation is to revise the lists of taxable entities that are subject to these taxes consistent with Act 7.	Douglas A. Berguson 717-787-1382
Definitions; Net Profits and Regulated Investment Companies 61 Pa. Code §§  101.1, 103.12 and 155.30	June 1998, as final.	Section 101.1 (relating to definitions) is being amended by replacing the existing definitions of ''employe'' 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 §  93.81	June 1998, 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	April 1998, 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
Further Examination of Books and Records 61 Pa. Code §§  6.22, 8a.1 and 35.1	March 1998, as final.	This regulation interprets section 2915-A of the act of June 30, 1995 (P. L. 139, No. 21) (Act 21) by adding §  8a.1 (relating to further examination of books and records). It also deletes §  6.22 (relating to further examination of books and records) because the section will not be necessary upon final publication of §  8a.1. To avoid confusion, §  35.1 (relating to tax examinations and assessments) is being amended to delete language that is similar in nature to §  8a.1. Section 2910-A of Act 21 required the Department to develop regulations to implement the provisions of Article XXIX-A. Tax Amnesty Program, of which section 2915-A, further examination of books and records, is a part.	Douglas A. Berguson, 717-787-1382
Local Tax 61 Pa. Code §§  60.16, and 95.1 - 95.303	June 1998, 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
Public Transportation Assistance Fund Taxes and Fees 61 Pa. Code §§  9.4 and 47.19	March 1998, as final.	This regulation sets forth the Department's interpretation of 72 P. S. §  9301 relating to public transportation assistance fund taxes and fees. Currently the Department's interpretation is set forth as a pronouncement and codified at §  9.4 (relating to public transportation assistance fund taxes and fees). The Department has concluded that its policy relating to public transportation assistance fund taxes and fees should be set forth as a regulation. Therefore, in addition to proposing to add §  47.19 (relating to public transportation assistance fund taxes and fees), the Department is also proposing to delete the pronouncement set forth at §  9.4.	Douglas A. Berguson, 717-787-1382

[Continued on next Web Page]

---

[Continued from previous Web Page]

Regulation Being	Proposed Date		Agency
Considered	for Promulgation	Need and Legal Basis for Action	Contact
Return of Information as to Payment In Excess of $10 61 Pa. Code §  117.18	March 1998, as final.	This regulation amends §  117.18 (relating to return of information as to payment In excess of $10) to clarify how a Pennsylvania information return may be made by a regulated investment company. In March, 1996, the Department adopted a final-form regulation that amended §  117.18 In addition to other personal income tax regulatory sections. During the final stages of the adoption process, a comment was made regarding the information return made by a regulated investment company. To avoid delay in adoption of the entire regulatory package, the Department agreed to amend the section in a separate regulation.	Douglas A. Berguson, 717-787-1382
Single Factor Apportionment 61 Pa. Code §  155.10	January 1998, as proposed.	Regulation provides that it is the policy of the Department that for tax years beginning on or after January 1, 1998, student loan assets set forth in §  155.10(d)(4)(vi) that are owned or held by a trust or other entity created or formed for the securitization of student loans, or by a trustee on its behalf, are exempt by reason of public policy from taxation for purposes of the taxable assets fraction under §  155.10.	Douglas A. Berguson 717-787-1382
Telecommunications Service 61 Pa. Code §§  31.1, 31.24, 48.1 and 55.8	September 1998, 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
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 58.13	February 1998, as proposed.	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
Vehicle Rental Tax 61 Pa. Code §§  9.14 and 47.20	April 1998, as final.	This regulation sets forth the Department's interpretation of Article XVI-A Vehicle Rental Tax (72 P. S. §§  8601-A - 8604-A). Currently the Department's interpretation is set forth as a pronouncement and codified at §  9.14 (relating to passenger car rental tax). The Department has concluded that its policy relating to Article XVI-A should be set forth as a regulation. Therefore, in addition to proposing to add §  47.20 (relating to vehicle rental tax), the Department is also proposing to delete the pronouncement set forth at §  9.14.	Douglas A. Berguson, 717-787-1382
Utility Gross Receipts Tax 61 Pa. Code §§  160.21 - 160.43	May 1998, 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
SECURITIES COMMISSION
''Registration Procedure'' 64 Pa. Code § 303	March 1998, 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 [phone]
''Post-Registration Provisions'' 64 Pa. Code § 304	March 1998, 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 [phone]
''Suspension & Revocation'' 64 Pa. Code § 305	March 1998, 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 [phone]
''Advertisements by investment advisers'' 64 Pa. Code § 404.010	March 1998, 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 [phone]
''Notice to Purchasers under Section 207(m)'' 64 Pa. Code § 207.130	March 1998, 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 [phone]
''Financial institutions exempt from broker-dealer registration'' 64 Pa. Code § 302.065	March 1998, as proposed.	This regulation would exempt financial institutions and individuals representing financial institutions from broker-dealer and agent registration if the activities are conducted in connection with a net working arrangement or brokerage affiliate arrangement.	G. Philip Rutledge [phone]
STATE
Corporations Bureau	Spring 1998, as proposed.	The Corporations Bureau will propose deleting references by name to the Governor, Secretary of the Commonwealth and Director of the Corporation Bureau on its sample filing forms and to the docketing statement promulgated by the Department pursuant to 15 Pa. C. S.§ 133 because changes in administration render such references obsolete. It should be noted that under Section 133 sample filing forms are not considered to be agency regulations for purposes of the Administrative Code, the Commonwealth Attorneys Act or the Regulatory Review Act but shall be subject to opportunity of public comment required under Section 201 of the Commonwealth Documents Law.	Michael Frick, [phone]
Bureau of Commissions, Elections and Legislation	Spring 1998, as proposed.	The Department proposes comprehensive revisions to regulations found at 4 Pa. Code to eliminate obsolete provisions, reflect recent statutory changes and to reflect changes to campaign expense reporting as a result of the computerization initiative. The 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, [phone]
Bureau of Commissions, Elections and Legislation	Spring 1998, as final.	The Department proposes to eliminate references to campaign expense reporting forms which are obsolete. The amendments will be proposed pursuant to the Campaign Expense Reporting Law (25 P. S. § 3241 et seq)	Richard Filling, [phone]
State Athletic Commission	February 1998, as final. Spring 1998, as proposed.	The State Athletic Commission (SAC) proposes to amend 58 Pa. Code Chapter 21 to require professional boxers and kickboxers to submit, as part of their annual application for licensure, a report from a licensed medical laboratory that the applicant has tested negative for HIV. The final regulations were transmitted to the committees and IRRC in November 1997. The SAC proposes comprehensive revisions to 58 Pa. Code in order to reflect changes to the Pennsylvania Athletic Code as well as changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa. C.S.A. § 101 et. seq).	Greg Sirb [phone]
Navigation Commission for the Delaware River and Its Navigable Tributaries	Winter 1998, as proposed.	The Navigation Commission will propose comprehensive revisions to 13 Pa. Code Chapters 201 - 209 to enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4).	Brian Gottlieb, [phone]
State Board of Auctioneer Examiners Absolute Auctions - 49 Pa. Code § 1.41.	No publication anticipated in next 6 months.	The proposal would identify those auctions in which the term ''absolute auction'' (an auction of sale to the highest bidder without any reserve limitation or conditions) may be used in auctioneer advertising and when conducting an auction. The regulation will protect the consumer at auctions by making false or deceptive advertising or auctioneering grounds for discipline. The Board has authority to regulate the conduct of licensed auctioneers under Section 32 of the Auctioneer and Auction Licensing Act, Act of December 22, 1983, P. L. 327, 63 P. S. § 734.32.	Linda Dinger [phone]
Approved Course of Study - 49 Pa. Code § 1.11.	No publication anticipated in next 6 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.
Sponsorship of Apprentices - 49 Pa. Code § 1.31.	No publication anticipated in next 6 months.	The proposal would require that sponsors provide minimum training of apprentices and document supervision of apprentices whom they employ. 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.
Biennial Renewal Increase - 49 Pa. Code § 1.41	February 1998, as proposed. May 1998, as final.	Proposed rulemaking will increase biennial renewal fees for auctioneers and apprentices. Legal authority for the regulation is 63 P. S. §§ 734.32, 734.33.
State Board of Barber Examiners 49 Pa. Code, Chapter 3.	Fall 1998, as proposed.	Revision of all regulations. Updating all regulations and deleting antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).	Sara Sulpizio [phone]
State Board of Chiropractic Sexual Misconduct - 49 Pa. Code § 5.54.	June 1998, 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 302(3) of the Chiropractic Practice Act, Act of December 16, 1986, P. L. 1646, as amended, 63 P. S. § 625.302(3).	Deb Smith [phone]
Peer Review - 49 Pa. Code § 5.55.	No publication anticipated in next 6 months.	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. The statutory authority for the regulation is Section 302(3) of the Act, 63 P. S. § 625.302(3).
State Board of Cosmetology Disinfection, Equipment and Supplies; Accreditation - 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105, 7.113a and 7.114.	March 1998, as proposed.	These regulations reflect updated changes in industry standards for disinfecting and sterilizing necessary equipment required to be available and in use in cosmetology shops. Minimum safety and sanitation standards in cosmetology shops and schools are authorized under Section 11 of the Act of May 3, 1933, P. L. 242, as amended, 63 P. S. § 517.	Sara Sulpizio [phone]
General Revisions - 49 Pa. Code, Chapter 7.	September 1998, as proposed.	Revision of all regulations; updating all regulations and deleting outdated provisions. Statutory authority: 63 P. S. § 517.
State Architects Licensure Board General Revisions - 49 Pa. Code §§ 9.1 -9.211.	March 1998, as final.	The amendments will delete unnecessary and outmoded provisions and revise language concerning requirements for licensure, professional conduct and board procedures. The regulations provide necessary guidance to applicants for licensure in Pennsylvania and will notify licensees of disciplinary process and procedures. Legal authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Dorna Thorpe [phone]
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.	September 1998, as proposed.	The regulations would require approved continuing education program sponsors to biennially renew their approval and would authorize the Board to conduct audits of approved programs. The regulations are necessary to ensure that continuing education programs meet licensure renewal needs. Statutory authority: 63 P. S. § 9.3(10).	Dorna Thorpe [phone]
Commissions and Referral Fees - 49 Pa. Code § 11.24.	No publication anticipated in next 6 months.	The regulation would set forth the nature of the written disclosure that certified public accountants and public accountants 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 is necessary to comply with recent amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p).
General Revisions - 49 Pa. Code §§ 11.4, 11.5, 11.7-11.9, 11.12-11.14, 11.18, 11.25, 11.27, 11.30, 11.31, 11.35, 11.41 and 11.53-11.55.	September 1998, as proposed.	The regulations would revise or eliminate existing requirements to conform to sweeping amendments to the C.P.A. Law that took effect February 3, 1997. Statutory authority: 63 P. S. § 9.3(10)-(12).
State Board of Funeral Directors Pre-need 49 Pa. Code Chapter 13	Fall 1998, as proposed.	The board intends to promulgate regulations 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 [phone]
State Board of Landscape Architects Continuing Education - 49 Pa. Code § 15.71-15.83.	April 1998, as proposed.	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.	Shirley Klinger [phone]
Examination Fees - 49 Pa. Code § 15.12.	May 1998, as final.	Amendments are required to raise fees for C.L.A.R.B. partial licensing examination commencing December, 1998, pursuant to contract. The Board is required to administer this examination under Sections 4(2) and 4(3) of the Landscape Architects' Registration Law, Act of January 24, 1966, P. L. (1965) 1527, 63 P. S. §§ 904(2) and 904(3).
State Board of Medicine Sexual Misconduct - 49 Pa. Code, Chapter 16.	Summer 1998, 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 8 of the Medical Practice Act, Act of December 20, 1985, P. L. 457, as amended, 63 P. S. § 422.8.	Cindy Warner [phone]
Complaint Process - 49 Pa. Code § 16.62.	April 1998, as final.	Regulations which provide for recommendation by the Board prosecutor to the Board on the disposition of complaints were declared invalid in Lyness v. State Board of Medicine, 605 A.2d 1204 (1992). The Board has authority to repeal these regulations under Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
Certified Registered Nurse Practitioners (CRNPs) - 49 Pa. Code § 18.21.	No publication anticipated in next six months.	The Board intends to collaborate with the State Board of Nursing to jointly promulgate standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Provide for prescriptive authority of the CRNP in the Commonwealth under Section 15 of the Medical Practice Act, 63 P. S. § 422.15.
Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 18.41.	Summer 1998, as proposed.
Renewal Fees - 49 Pa. Code § 16.13.	February 1998, as proposed. May 1998, as final.	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).	Cindy Warner [phone]
49 Pa. Code § 16.98.	No publication anticipated in next six months.	The Board intends to increase renewal fees. Section 6 of the Medical Practice Act, 63 P. S. § 422.6 requires the Board to fix fees to meet expenditures over a two-year period. If fees are not increased, the Board projects a deficit by the end of the next renewal period.
Administration of Anesthesia - 49 Pa. Code § 16.98.	No publication anticipated in next six months.	This regulation would establish standards for the delegation of the administration of anesthesia. Publication as proposed occurred October 19, 1996. The Board has received a significant number of comments. The Board has determined further study is warranted before final rulemaking will occur. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).	Cindy Warner [phone]
Sympathomimetic Amines - 49 Pa. Code § 16.96.	April 1998, as final.	The Board intends to delete regulations pertaining to the prescribing of sympathomimetic amines. The regulation was sunset by its own terms January 17, 1992.
State Board of Vehicle Manufacturers, Dealers and Salespersons   General Provisions, Licensure, Facility requirements - 49 Pa. Code §§ 19.1-19.23.	Summer 1998, as proposed.	The Board intends to revise all its regulations to delete outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to changes in 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).	Teresa Woodall [phone]
State Board of Nursing Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 21.271.	Summer 1998, 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).	Ann Steffanic [phone]
Nursing Functions - 49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145.	Winter 1998, as final.	These regulations would confirm the registered nurse's authority to accept oral orders and authorize licensed practical nurses to accept oral orders for medical and therapeutic regimens, update, clarify and delete unnecessary language pertaining to the functions of 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 by the Board 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.
RN general revisions - 49 Pa. Code §§ 21.1--21.126.	Spring 1998, as proposed.	These regulations will update or delete 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).
LPN general revisions - 49 Pa. Code §§ 21.141--21.234.	Summer 1998, as proposed.	These regulations will update or delete 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.
CRNP prescriptive privileges 49 Pa. Code §§ 21.151 - 21.351.	Summer 1998, 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.	Ann Steffanic [phone]
Sexual Misconduct - 49 Pa. Code §§ 21.18 and 21.148.	Spring 1998, 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 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
State Board of Optometry Sexual Misconduct - 49 Pa. Code, Chapter 23.	Fall 1998, 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 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).	Deb Smith [phone]
General Revisions - 49 Pa. Code, Chapter 23.	No publication anticipated in next six months.	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, Act of June 6, 1980, P. L. 197, as amended, 63 P. S. § 244.3(a)(14).
Certification for the Prescription of Therapeutic Drugs - 49 Pa. Code, Chapter 23.	March 1998, as final.	The Board will propose regulatory amendments to implement the therapeutic drug provisions added by Act 130 of 1996 effective October 30, 1996. The regulatory amendments would approve appropriate educational providers and examinations prerequisite to certification of optometrists in the prescription and administration of therapeutic drugs, and amend continuing education requirements. The amendments are authorized under Sections 3(a)(14) and 4.1 of the Optometric Practice and Licensure Act.
State Board of Osteopathic Medicine Sexual Misconduct - 49 Pa. Code, Chapter 25.	June 1998, 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.	Gina Bittner [phone]
Sympathomimetic Amines - 49 Pa. Code § 25.211.	February 1998, as final.	The Board anticipates deleting 49 Pa. Code § 25.211. Section 25.211(g) provides that the Board would delete section 25.211 by January 17, 1992, unless the section were revised or reestablished. The Board has determined not to revise or reestablish this section. The Board, therefore, will delete.
State Board of Pharmacy General Revisions - 49 Pa. Code, Chapter 27.	April 1998, as final.	The Board proposes to delete outdated and redundant regulations and to clarify language in others. The proposal is needed to eliminate unnecessary provisions, reflect changes in state and federal law, and clarify practice parameters and standards. Sections 3(f), 4(j), 6(k)(1) and (9) of the Pharmacy Act, Act of September 27, 1961, P. L. 1700, as amended, 63 P. S. §§ 390-3(f), 390-4(j), 390-6(k)(1) and 390-6(k)(9), authorize the promulgation of these amendments.	W. Richard Marshman [phone]
State Board of Podiatry Sexual Misconduct - 49 Pa. Code, Chapter 29.	June 1998, 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 [phone]
State Board of Veterinary Medicine Rules of Professional Conduct - 49 Pa. Code § 31.21.	Spring 1998, as final.	Final rulemaking will remove standards imposed on licensees when terminating the veterinarian/client relationship. The Board is authorized to establish standards of professional conduct under Section 5(2) of the Act, 63 P. S. § 485.5(2).	Robert Kline [phone]
Advertising Emergency Services - 49 Pa. Code § 31.21.	Spring 1998, 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).
Application Fees - 49 Pa. Code § 31.41.	Spring 1998, as proposed.	Proposed rulemaking 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.
State Board of Dentistry Fees - 49 Pa. Code § 33.3.	Winter 1998, as final.	The regulations will establish temporary permit and certification fees for expanded function dental assistants (EFDAs) and increase application fees for dentists and dental hygienists. The Dental Law requires the Board to issue temporary permits and certificates for EFDAs and collect a fee for those documents, 63 P. S. §§ 122(d.1) and 130h, and to collect the costs associated with the review of applications.	June Barner [phone]
Sexual Misconduct - 49 Pa. Code, Chapter 33.	No publication anticipated in next six months.	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, Act of May 1, 1933, P. L. as amended, 63 P. S. § 122(o).
Advertising - 49 Pa. Code § 33.203(b)(4).	No publication anticipated in next six months.	The regulation will amend outdated provisions, clarify dental specialties and add a provision to the advertising regulations 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.
Expanded Function Dental Assistants - 49 Pa. Code, Chapter 33.	Summer 1998, as proposed.	The regulations will add EFDAs to the appropriate sections of the dental regulations including general provisions and minimum standards of conduct and practice. In December 1994, the Dental Law was amended to authorize the certification of expanded function dental assistants (EFDAs). Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
Continuing Professional Education - 49 Pa. Code, Chapter 33.	Winter 1998, as proposed.	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).
Lasers - 49 Pa. Code, Chapter 33	No publication anticipated in next six months.	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).	June Barner [phone]
State Real Estate Commission General Revisions - 49 Pa. Code, Chapter 35.	February 1998, as proposed.	The Commission plans a comprehensive amendment to Chapter 35 to bring its existing regulations up to date with today's current policies. Statutory authority: 63 P. S. § 455.404.	Debra Sopko [phone]
State Board of Certified Real Estate Appraisers Definitions - 49 Pa. Code § 36.1.	September 1998, as proposed.	The regulation would define the term ''evaluation'' to parallel the meaning of the term as it is used by institutions regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision. Statutory authority: 63 P. S. § 457.5(2).	Cheryl Lyne [phone]
Experience Options for Certification 49 Pa. Code § 36.13.	April 1998, as proposed.	The regulation would expand the categories of qualifying experience for certification as an appraiser; require appraisers who supervise appraisal assistants to keep records of assistants' activities and provide verification of their experience to the Board; and mandate that all appraisal reports submitted as qualifying experience by applicants for certification conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation brings more fairness, efficiency and structure to the Board's evaluation of qualifying experience. The regulation complies with standards established for state appraiser boards by the Appraisal Foundation's Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2).
Inspection of Property 49 Pa. Code § 36.51	April 1998, as proposed	The regulation would clarify that a certified general appraiser, certified residential appraiser or certified broker/appraiser is required, when performing an appraisal, to conduct a complete interior and exterior inspection of the subject property unless an inspection is not physically possible. The regulation is necessary to ensure that every appraisal performed by a certificate-holder of the Board complies with appropriate professional standards. Statutory authority: 63 P. S. § 457.5 (2).
Standards of Professional Conduct - 49 Pa. Code § 36.281.	February 1998, as final.	The regulation would set forth the standards of professional conduct for Certified Pennsylvania Evaluators practicing in the Commonwealth. The regulation is necessitated by Section 7(a)(6) of the Assessors Certification Act, which empowers the Board to discipline certificate holders who violate any standards of professional conduct for real property assessment as adopted by the Board by regulation. Statutory authority: 63 P. S. §§ 458.3 and 458.7(a)(6).	Cheryl Lyne [phone]
Broker/Appraiser Fees - 49 Pa. Code § 36.6.	April 1998, as proposed.	The regulation would establish an application fee and initial certification fee for the newly created appraiser 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).
Continuing Education - 49 Pa. Code §§ 36.41, 36.42, 36.261 and 36.262.	April 1998, as proposed.	The regulation would raise the biennial continuing education requirements for certified general and certified residential appraisers and Certified Pennsylvania Evaluators from 20 classroom hours to 28 classroom hours; establish a 28-classroom hour continuing education requirement for broker/ appraisers; and mandate that all certificate-holders complete a minimum number of classroom hours on the USPAP and the Board's statutory and regulatory requirements. The regulation is necessary to improve the effectiveness of the Board's continuing education program and to comply with the standards established by the AQB. Statutory authority: 63 P. S. § 457.5(2).
Pre-certification Education and Experience - 49 Pa. Code §§ 36.11 and 36.12.	September 1998, as final.	The regulation 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 take effect January 1, 1998, pursuant to federal rules. Statutory authority: 63 P. S. § 457.5(2).
State Board of Examiners of Nursing Home Administrators Experience and Education Requirements - 49 Pa. Code § 39.5.	No publication anticipated in next 6 months.	The regulation will amend and clarify education and experience requirements for licensure. Section 6 of the Nursing Home Administrators License Act, 63 P. S. § 1106, specifies the qualifications for admission to examination. The education and experience regulations at Section 39.5 have not been reviewed or clarified since 1991. The amendments will remove outdated and confusing provisions. Statutory authority: Section 4(c) of the Nursing Home Administrators License Act, Act of June 22, 1970, P. L. 378, as amended, 63 P. S. § 1104(c).	Melissa Wilson [phone]
Temporary Permits - 49 Pa. Code § 39.17.	No publication anticipated in next 6 months.	The regulation will amend and clarify the requirements for temporary permits. Section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114, authorizes the Board to issue temporary permits. The revisions will update and clarify the existing statement of policy.
General Revisions - 49 Pa. Code §§ 39.1-39.91.	No publication anticipated in next 6 months.	These regulations will update and delete outdated provisions of current regulations, including definitions, subject matter for examinations, approval of programs of study, and licensure renewal. The Board's regulations have not been reviewed or updated since 1992. These revisions are authorized under Sections 4 and 9 of the Law, 63 P. S. §§ 1104 and 1109.
Continuing Education - 49 Pa. Code §§ 39.31-39.71.	June 1998, as proposed.	The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.
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.	July 1998, 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).	Robert Kline [phone]
Sexual Misconduct - 49 Pa. Code, Chapter 40.	May 1998, 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 Sections 3, 5 and 10 of the Act, 63 P. S. § 1303, 1305 and 1310.
State Board of Psychology Private practice by certified school psychologists - 49 Pa. Code § 41.56.	No publication anticipated in next 6 months.	This regulation governs the conditions under which school psychologists may engage in private practice. The Board plans to define the term ''employed'' within the context of Chapter 41. Statutory authority: 63 P. S. § 1203.2(2).	Melissa Wilson [phone]
Definitions - 49 Pa. Code § 41.1.	No publication anticipated in next 6 months.	The regulations would update terms to reflect current accreditation entities. The term ''Accredited college or university'' should be amended to reflect the new name for the ''Council on Postsecondary Accreditation (COPA)'', which is the ''Commission on Recognition of Postsecondary Accreditation (CORPA).'' Statutory authority: 63 P. S. § 1203.2(2).
Postdoctoral Experience - 49 Pa. Code § 41.31(c)(1)(ii)(E).	No publication anticipated in next 6 months.	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).
Licensure of master's degree candidates - 49 Pa. Code § 41.54.	February 1998, as final.	This regulation pertains to licenses issued prior to January 1, 1996. The Board plans to repeal this section, because the Board no longer issues licenses to Master's degree candidates. Statutory authority: 63 P. S. § 1203.2(2).
Professional records - 49 Pa. Code § 41.57.	No publication anticipated in next 6 months.	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).
Standards for the employment and supervision of unlicensed persons with graduate training in psychology - 49 Pa. Code § 41.58(9).	No publication anticipated in next 6 months.	The regulations establish minimum levels of supervision of unlicensed persons who provide psychological services under the direction of a licensed psychologist. Statutory authority: 63 P. S. § 1203.2(2).
Definitions/ ''Sexual Intimacies'' - 49 Pa. Code § 41.61.	February 1998, as proposed.	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 form participation in the impaired professional program. Statutory authority: 63 P. S. § 1203.2(2).	Melissa Wilson [phone]
State Board of Social Work Examiners Unprofessional Conduct and Sexual Misconduct - 49 Pa. Code, Chapter 47.	Fall 1998, 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).	Clara Flinchum [phone]
Continuing Education 49 Pa. Code § 47.32	April 1998, as proposed.	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 is in programs that provide for interaction among presenters and attendees. Statutory authority: 63 P. S. § 1918 (a)
STATE EMPLOYES' RETIREMENT SYSTEM
Preliminary Provisions 4 Pa. Code, Chapter 241.	July 1998, as proposed.	Various definitions will be added and current definitions will be updated to clarify language and conform to legal precedent.	Larry Brandenburg [phone]
Membership, Credited Service, etc. 4 Pa. Code, Chapter 243.	July 1998, as proposed.	Changes will be made to Chapter 243 that will clarify optional membership status and seasonal employment. Changes to sections 5 and 6 will be made to make consistent with judicial rulings. Annuity, vesting, refund, and eligibility point criteria will also be evaluated for change.	Larry Brandenburg [phone]
Contributions 4 Pa. Code, Chapter 245.	July 1998, as proposed.	Unnecessary sections will be proposed for deletion. Sections effecting contributions for the purchase of previous state and non-state service will be clarified to address procedural issues.	Larry Brandenburg [phone]
Benefits 4 Pa. Code, Chapter 247.	July 1998, as proposed	Provisions will be added to reflect the McKenna and Catania decisions.	Larry Brandenburg [phone]
Administration, Funds, Accounts, General Provisions 4 Pa. Code, Chapter 249.	July 1998, as proposed	Various changes to administrative role and functions of the Board will be considered.	Larry Brandenburg [phone]
STATE POLICE
Firearm Regulations Standards for licensed retail dealers Chapter 31	Summer 1998, as proposed.	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 will apply to all licensed retail dealers and their designated employees.	Corporal Albert Picca 717-783-5598
Procedures & Specifications for firearm record forms Chapter 33	Summer 1998, as proposed.	The State Police will promulgate rules and regulations, and in the manner provided by law, the responsibility to administer and enforce these rules and regulations, and the provisions of the Uniform Firearms Act in order to ensure the identity, confidentiality, and security of all records and data pursuant thereto.
Procedures for the receipt and processing of DNA samples for the state DNA database. Chapter 58	Spring 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 or other specified offenses.	Trooper Mark Van Buskirk 717-783-5598
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
Temporary Registration Cards and Plates Chapter 43	June 1998, as final.	Proposed amendments based on concerns identified by Dealer Industry/Department efforts. Revises sanctioning requirements for Dealers, making sanctions more equitable. Final Promulgation package with the Department's Legal Counsel.	Linley Oberman [phone]
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53	April 1998, as final.	Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Final Promulgation package with the Department's Legal Counsel.	Linley Oberman [phone]
60 - Permanent Registration of Fleet Vehicles	July 1998, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	Tom Zamboni (717787-3977
60 - Proportional Registration of Fleet Vehicles	July 1998, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	Tom Zamboni (717787-3977
School Buses and School Vehicles Chapter 171	June 1998, 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.	Anne Titler [phone]
Vehicle Equipment and Inspection Chapter 175	June 1998, as final.	Amendments are required due to changes in PA Vehicle Code and Federal equipment regulations. Final adoption delayed as a result of the prioritization of the Emission regulation amendments.	John Munafo [phone]
Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83	December 1998, 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.	Anne Titler [phone]
Liquid Fuels Tax Chapter 449	June 1998, as proposed.	The Department is working with the Department of Community and Economic Development's Center for Local Government Services on processing revisions that will be incorporated into a shorter revised regulation.	Mitzi Westover [phone]
School Bus Drivers Chapter 71	December 1998, as proposed.	Creates waivers for school bus drivers, with medical conditions, which pose no significant danger to driving. The Department's Medical Advisory Board is in the process of approving proposed amendments.	Anne Titler [phone]
Mechanical, Electrical and Electronic Speed-Timing Devices Chapter 105	June 1998, as proposed.	Amendments reflect updates (periodically required) to ensure speed timing devices used by law enforcement officials conform to State and Federal requirements.	John Munafo [phone]
Work Zone Traffic Control Devices Chapter 203	March 1998, 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 [phone]
Official Traffic Control Devices Chapter 211	March 1998, 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 [phone]
Hold-Down and Tie-down Devices for Junked Vehicles and Vehicle Hulks Chapter 181	March 1998, as proposed.	Repeal--incorporate provisions in Chapter 231	Daniel Smyser [phone]
Engineering and Traffic Studies Chapter 201	September 1998, as proposed	Revise this chapter to eliminate some portions that duplicate federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD).	Art Breneman [phone]
Intrastate Motor Carrier Safety Requirements Chapter 231	March 1998, as proposed	Incorporate new Federal provisions, and provisions from Chapter 181.	Daniel Smyser [phone]
Hazardous Materials Transportation Chapter 403	January 1998, as proposed.	Incorporate new federal provisions and eliminate registration requirement.	Daniel Smyser [phone]

[Pa.B. Doc. No. 98-225. Filed for public inspection February 6, 1998, 9:00 a.m.]