218 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[34 Pa.B. 758]

   Executive Order 1996-1, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the sixteenth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 11 Older Adult Daily Living Centers	September 2005, as proposed.	This regulation is being reviewed for coordination with regulations from DPW and DOH. Review is also occurring as a result of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1.	Robert Hussar [phone]
PA Code Title VI Chapter 3 Fair Hearings and Appeals	June 2005, as proposed.	This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. It is being reviewed internally to improve Departmental procedures and efficiencies.	Robert Hussar [phone]
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 2005, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of community living alternatives.	Robert Hussar [phone]
PA Code Title VI Chapter 15 Protective Services for Older Adults	December 2004, as proposed	The law and regulations are under review in light of the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional.	Robert Hussar [phone]
AGRICULTURE
Domestic Animal	June, 2004, as proposed.	This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389).	John Enck, VMD [phone]
Cervidae	June, 2004, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations.	John Enck, VMD [phone]
Animal Exhibition Sanitation	June, 2004, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement.	John Enck, VMD [phone]
Agricultural Conservation Easement Purchase Program/Agricultural Security Areas	July, 2004, as final.	Act 138 of 1998 and Act 14 of 2001 amended the Agricultural Area Security Law. The regulations at 7 Pa. Code Chapter 138e must be revised to implement these statutory changes. This regulation would also replace the outdated regulations at 7 Pa. Code Chapter 138, relating to agricultural security areas.	Sandra E. Robison [phone]
Maple Products	December, 2004, as proposed.	This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products.	Lenchen Radle [phone]
Amusement Rides	July, 2004, as proposed.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	Kent D. Shelhamer [phone]
Harness Racing Commission	June, 2004, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Anton J. Leppler [phone]
Land application of soil and groundwater contaminated with agricultural chemicals	April, 2004, as final.	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. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds.	Vance R. Wagner [phone]
Fruit Tree Improvement Program	November, 2004, as proposed.	This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers.	Ruth Welliver [phone]
Pesticide Regulations	June, 2004, as proposed.	This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes.	David Scott [phone]
Certification of Virus-Tested Geraniums	September, 2004, as proposed.	This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa. Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services.	Ruth Welliver [phone]
Chemsweep Regulations	June, 2004, as final proposed omitted.	This regulation will amend 7 Pa. Code Chapter 128b to expand the pesticide disposal program which has been limited to agricultural pesticide products. The amendment will include all Commonwealth citizens who are in possession of cancelled, unused or suspended pesticides.	Vance Wagner [phone]
Nutrient Management Certification Program	June, 2004, as proposed	This regulation will amend 7 Pa. Code Chapter 130b and is necessary to update and correct inconsistencies in the current regulations, redefine specialist categories; allow flexibility for the Department to modify competency areas and training focus; determine additional competency area needs and clarify continuing education requirements. The revision of this regulation will allow participants in the certification program to remain qualified to meet nutrient management planning requirements established in section 7(a) of the Nutrient Management Act of 1993 (Act 6).	Johan E. Berger [phone]
Fertilizer Regulations	December, 2004, as proposed.	This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701--6725 (Fertilizer Act).	John Breitsman [phone]
Soil and Plant Amendment Regulations	December, 2004, as proposed.	This regulation will replace 7 Pa. Code Chapter 130A and implement provisions of 3 Pa.C.S.A. §§ 6901--6921 (Soil and Plant Amendment Act.)	John Breitsman [phone]
Dog Law	June, 2004, as proposed	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation	Mary Y. Bender [phone]
Wine Marketing and Research Program; Sheep and Lamb Marketing Program	March, 2004, as proposed	This will establish regulations for the newly-formed Pennsylvania Wine Marketing and Research Program at 7 Pa. Code Chapter 104. It will also rescind the regulations for the Sheep and Lamb Marketing Program, which is no longer in existence.	Kyle Nagurny [phone]
BANKING
No regulations being developed or considered at this date.
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY AND ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145 (final regulation)	Spring 2004	The regulation will further clarify and strengthen the Department's and third party's role in monitoring the installation of industrialized housing; adopt the ICC International Building Code; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program.	Jill B. Busch [phone]
Certified Provider (proposed new regulation)	Spring 2004	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.	Jill B. Busch [phone]
Neighborhood Assistance Program 12 Pa. Code Chapter 135 (final regulation with rulemaking omitted)	Spring 2004	The regulation will repeal this chapter, as it no longer effectively fulfills the goals for which it was intended.	Jill B. Busch [phone]
Community Development Grant Program 12 Pa. Code Chapter 141 (final regulation with rulemaking omitted)	Spring 2004	The regulation will repeal this chapter, as it no longer effectively fulfills the goals for which it was intended.	Jill B. Busch [phone]
Building Energy Conservation Standards 12 Pa. Code Chapter 147 (final regulation with rulemaking omitted)	Spring 2004	The regulation will repeal this chapter, as the statute upon which this chapter is based will be repealed upon the effective date (expected to occur as early as April 15, 2004) of regulations required by the Pennsylvania Construction Code Act.	Jill B. Busch [phone]
COMMISSION ON CRIME AND DELINQUENCY
Office of Victims' Services, Victims Compensation Assistance Program--Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 411	February 2004, as proposed	To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by subsequent legislation, including Act 1998-111 and its relocation of the Crime Victims Act to Purdon's Statutes Title 18 P. S. §§ 11.101--11.5102, and Act 85 of 2002.	Lynn Shiner [phone] ext. 3210
CONSERVATION AND NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking October 2004.	This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking.	Chris Firestone, Mike Lester and Dan Devlin [phone]
CORRECTIONS
Revisions to regulations governing the Department, 37 Pa. Code Chapters 91, 93 and 94.	Spring, 2004 as proposed	The regulations will be revised to eliminate unnecessary regulations and to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law.	John S. Shaffer, Ph.D. [phone]
Revisions to regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	Summer, 2004 as proposed	The regulations will be revised to eliminate unnecessary regulations and modernize necessary regulations. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for county correctional institutions that are not inconsistent with law.	Catherine C. McVey [phone]
EDUCATION
Pupil Personnel Services 22 Pa. Code, Chapters 7 & 12	March 2004, as final.	These regulations define the elements of student services programs and delineate the rights and responsibilities of students. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practices in student services. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit [phone] or Ron Stainbrook [phone]
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36, 40 & 42	September 2004, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit [phone] or William Larkin [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	July 2004, as proposed.	Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators.	Jim Buckheit [phone] or William Larkin [phone]
Academic Standards (Appendix E, Career Education and Work) 22 Pa. Code, Chapter 4	Proposed standards published for public comment in PA Bulletin on April 12, 2003. July 2004, as final.	Chapter 4 sets forth requirements for instruction, graduation, strategic planning, and assessment based on academic standards. This additional set of standards will revise Chapter 4 by their inclusion. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit [phone] or John C. Foster [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	July 2004, as proposed.	Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18, regarding Vocational Education, and section 2502.8, regarding Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a).	Jim Buckheit [phone] or John C. Foster [phone]
School Buildings 22 Pa. Code, Chapter 21	Regulations under review for possible action in late 2004	Proposed revisions to State Board of Education regulations on school facilities. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit [phone] or Carle Dixon [phone]
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & B	The Secretary intends to submit revised standards in the Regulatory Review Process in 2004 since the current standards are outdated. The revised standards will reflect the changes in Chapter 14 and IDEA.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101, et. Seq.	Jim Buckheit [phone] or Richard Price [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code, Chapters 51, 53, 55, 57, 61 and 63	The Board has informally discussed revision of the regulations, received public input and is reviewing that input with the Department to determine appropriate next steps.	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. section 6701 et. Seq.)	Eugene Heyman [phone]
Special Education Services and Programs--State Board of Education Regulations 22 Pa. Code, Chapter 14	Early 2004, as final.	The U. S. Department of Education provides federal funds to assist States' provision of services under the Individuals with Disabilities Education Act (Part B). A grant is available to the State Education Agency provided the State is able to demonstrate there are rules consistent with the federal regulations 934 CFR (Part 300). The proposed rule change at 14.162 which eliminates the words, an initial educational placement, will allow Pennsylvania's regulations to be consistent with the federal regulations at 34 CFR 300.505(b).	Jim Buckheit [phone]
Academic Standards and Assessment, 22 Pa. Code Chapter 4	July 2004, as proposed	These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma	Jim Buckheit [phone] or Ron Stainbrook [phone]
Regulations of the State Board of Private Licensed Schools 22 Pa. Code Chapter 73	Early 2004, as final.	These regulatory changes reduce the records requirements for schools, amend the definition of seminar to remove reference to entry level training, requires attendance at an orientation seminar prior to submission of an application for licensure, authorizes the Board to reject applications for licensure or program approval if the names of the school or the programs are misleading, mandates the maintenance of a surety bond throughout the period of licensure, requires payment of program application fees if more than one program is submitted with a new license application, and provides clarification of wording and policy.	Patricia Landis [phone]
Student Attendance 22 Pa. Code, Chapter 11	Proposed regulations published for public comment in PA Bulletin on August 30, 2003.	These regulations address student enrollment and attendance. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practice. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
Code Title 25 Chapter 1021 Practice and Procedure	The Environmental Hearing anticipates submitting proposed rulemaking in 2004	The Environmental Hearing Board Rules Committee has recommended the following revisions to the Board's rules of practice and procedure: 1) 1021.2 (Definitions)--Amend the definition of ''Department'' from ''Department of Environmental Resources'' to ''Department of Environmental Protection'' to reflect the agency's current title, and to add ''and other agencies, boards and commissions'' to reflect the fact that decisions of certain entities other than the Department of Environmental Protection are statutorily appealable to the Environmental Hearing Board. 2) 1021.31(a) (Filing)--Amend to allow parties to file documents in the Board's Pittsburgh office. 3) 1021.33(b) (Service by a party)--Amend to require service on other parties by overnight delivery where filing with the Board is by overnight mail or personal service. 4) 1021.82 (Prehearing memorandum)--Amend to require that copies of exhibits be attached to the prehearing memorandum as well as ''such other information as may be required in the Board's orders.''	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
Chapter 207--Noncoal Underground Mines General Safety Law	December 2003 as final	This final rulemaking consolidates the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. The rulemaking incorporates by reference the U. S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and includes provisions to address certification of foremen as well as the licensing and duties of blasters. A 60-day public comment period on the proposed rulemaking closed February 6, 2002. The Independent Regulatory Commission (IRRC) is tentatively scheduled to consider this final-form rulemaking at its February 12, 2004, meeting.	Paul Hummel 570-621-3444
Radionuclides Rule Safe Drinking Water Act	December 2003 as final	This rulemaking amends Chapter 109 to incorporate the provisions of the recently published federal Radionuclides Rule, which establishes a new Maximum Contaminant Level (MCL) for uranium and retains the current existing MCLs for gross alpha, combined radium-226/228 and beta and photon activity and establishes new monitoring requirements. The Radionuclides Rule applies to community water systems and does not include radon. The EQB adopted the proposed rulemaking on December 17, 2002. A 30-day public comment period closed April 7, 2003. The Water Resources Advisory Committee (WRAC) and the Small Water Systems Technical Assistance Center Board (TAC) reviewed the draft final amendments. IRRC is tentatively scheduled to consider the final-form rulemaking at its February 12, 2004, meeting.	Rod Nesmith [phone]
Filter Backwash Recycling Rule Safe Drinking Water Act	December 2003 as final	This rulemaking amends Chapter 109 to incorporate the provisions of the recently promulgated federal Filter Backwash Recycling Rule, which governs the recycling of the filter backwash water within the treatment process of public water systems (PWSs). The Rule applies to all PWSs that use a surface water source or groundwater under the direct influence of surface water, utilize direct or conventional filtration and recycle spent filter backwash water, sludge thickener supernatant or liquids from dewatering processes. The EQB adopted the proposed rulemaking on December 17, 2002. A 30-day public comment period closed on April 7, 2003. WRAC and TAC reviewed the draft final amendments. IRRC is tentatively scheduled to consider the final-form rulemaking at its February 12, 2004, meeting.	Rod Nesmith 717-783-9719
Long-Term 1 Enhanced Surface Water Treatment Rule Safe Drinking Water Act	February 2004 as final	This rulemaking amends Chapter 109 to incorporate the provisions of the recently promulgated federal Long-Term 1 Enhanced Surface Water Treatment Rule. The Rule is intended to improve the control of microbial pathogens at public water systems serving less than 10,000 people that use surface water or ground water under the direct influence of surface water (GUDI). Key provisions include strengthened combined and individual filter effluent turbidity performance standards and disinfection benchmark provisions. The EQB adopted the proposed rulemaking on May 21, 2003. A 30-day public comment period closed on August 25, 2003. WRAC and TAC reviewed the draft final amendments.	Phil Consonery 717-772-2184
Lake Redesignations Package Clean Streams Law	February 2004 as proposed	This proposal identifies three lakes that should be redesignated based upon the review of physical data, including fishery data from the Pennsylvania Fish and Boat Commission. These lakes include: Blue Marsh Reservoir (Berks County), Lake Luxembourg (Bucks County), and Walker Lake (Snyder County). The purpose of these proposed redesignations is to provide the correct aquatic life use designation in the water quality standards for these Commonwealth lakes. WRAC reviewed a draft of the proposal in January 2004.	Carol Young 717-783-2952

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Concentrated Animal Feeding Operations (CAFO) Program Amendments--Chs. 92.5a, 91 and 92 The Clean Streams Law	April 2004 as proposed	The CAFO regulations are being revised in response to the recently enacted Federal CAFO Final Rule, which was published in the Federal Register on February 12, 2003. This rule established mandatory requirements for all CAFOs to apply for an NPDES permit and to develop and implement a nutrient management plan. The new effluent guidelines establish performance expectations for existing and new sources to ensure appropriate storage of manure, as well as expectations for proper and effective manure and wastewater management, including compliance with the Effluent Limitation Guidelines. The proposed rulemaking will enhance protection of Pa.'s waters from nutrient over-enrichment and eutrophication, and reduce pathogens in drinking water, including improving the water quality of the Chesapeake Bay. The Agricultural Advisory Board is reviewing the proposed amendments.	Cedric Karper 717-783-7577
Chapter 86--Coal Mining Amendments Surface Mine Conservation and Reclamation Act	April 2004 as final	This rulemaking adds new Section 86.6 to clarify existing statutory requirements and to ensure the regulations are no more stringent than federal requirements. This amendment provides an exemption to the regulatory requirements for coal extraction incidental to federal, state and local government-financed highway or other construction and reclamation projects. The exemption currently exists in Pennsylvania's Surface Mine Conservation and Reclamation Act. A 45-day public comment period closed on June 18, 2002. The Mining and Reclamation Advisory Board (MRAB) reviewed the draft final rulemaking.	Nevin Strock 717-787-6842
Radiological Health Amendments Radiation Protection Act	April 2004 as final	This rulemaking is largely a set of housekeeping amendments that will correct cross-references among the 16 chapters that encompass Title 25, Article V (Radiological Health). It also makes minor adjustments and clarifications to the incorporated-by-reference NRC provisions; the new fee structure as it applies to professional fees, general licenses, multiple sites and small business; and training for radiographers. In addition, healing arts screening requirements are updated and clarified in response to health concerns associated with computed tomography (CT) screening technology. A 30-day public comment period on the proposed rulemaking closed September 29, 2003. The Radiation Protection Advisory Committee (RPAC) reviewed the draft final amendments.	Ray Urciuolo 717-783-5922
Microbial and Disinfection Byproducts (M/DBP) Corrective Amendments Safe Drinking Water Act	April 2004 as final	This rulemaking amends Pennsylvania's Interim Enhanced Surface Water Treatment Rule and Disinfectants and Disinfection Byproducts Rule, which were promulgated on July 21, 2001, to reflect federal corrective amendments that became effective January 16, 2001. These amendments reconcile the differences between Chapter 109 and the federal regulations and change some provisions that are now less stringent in the federal regulations, clarify and expand other provisions, and add key provisions that EPA requires for primacy. Such provisions include turbidity reporting requirements for alternative filtration technologies, increased monitoring for small groundwater systems exceeding certain disinfection byproduct (DBP) levels, and miscellaneous considerations for determining DBP sampling locations. WRAC and TAC reviewed the draft final amendments.	Rod Nesmith 717-783-9719
Chapters 301--305--Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act	April 2004 as proposed	This proposal will revise or eliminate Chapters 301, 303 and 305 (the State Board for Certification of Sewage Treatment Plant and Waterworks Operators) to implement the provisions of Act 11 of 2002, the Water and Wastewater Systems Operators' Certification Act. The Act restructures the testing and training program for operators and enhances security provisions for all water and wastewater treatment systems in PA. The proposal will outline the administrative procedures and standards for implementing the new statutory requirements. The Certification Program Advisory Committee, the State Board for Certification of Water and Wastewater Systems Operators, and the Small Water Systems TAC are reviewing the draft regulations.	Veronica Kasi 717-772-4053
Chapter 121, 129 and 145 Small NOx, Stationary Internal Combustion Engines and Cement Kilns Air Pollution Control Act	May 2004 as final	This rulemaking establishes a program to limit NOx emissions from smaller boilers, turbines and stationary internal combustion engines in the southeast portion of Pennsylvania. These controls are needed to attain and maintain the health-based one-hour ozone standard. In addition, the rulemaking will establish control requirements on a statewide basis for large stationary internal combustion engines and cement kilns. These controls are needed to meet the Commonwealth's remaining obligation to reduce ozone transport throughout the eastern United States, which is necessary for attainment and maintenance of both the 1-hour and 8-hour ozone standards. A 60-day public comment period on the proposed rulemaking closed December 26, 2002. Three public hearings were held in November 2002. As a result of the changes being proposed, the Department published an Advance Notice of Final Rulemaking (ANFR) in the Pennsylvania Bulletin on December 20, 2003. The 30-day comment period for the ANFR expired January 19, 2004. AQTAC reviewed the ANFR and will review the draft final-form regulations.	James Stoner 717-772-3921
Coal Mine Reclamation Fees and Reclamation of Bond Forfeiture Sites Surface Mine Conservation and Reclamation Act	May 2004 as proposed	The proposal will amend Section 86.17(e) by deleting the requirement that surface coal mine operators pay a $100-per-acre fee. The rulemaking also proposes to delete Section 86.283(c), which waives the reclamation fee on remining areas for those operators participating in the remining financial guarantees program. In addition, the proposal will address federal Office of Surface Mining (OSM) primacy conditions in 30 CFR 938.16 (MM)--(qq) by revising Sections 86.187, 86.189, and 86.190, relating to bond forfeiture. The MRAB reviewed a draft of the proposed rulemaking.	Mick McCommons 717-783-9888
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act	June 2004 as proposed	With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997. The amendments have been identified through implementation of the program over the past five years. In addition, a general review of Chapter 245--which is necessary to obtain state program authorization for the underground storage tank program from the U. S. EPA--occurred in 2002, and this review identified other potential revisions. The Storage Tank Advisory Committee (STAC) is reviewing the draft amendments.	Ray Powers 717-772-5809
Triennial Review of Water Quality Standards Clean Streams Law	July 2004 as final	This rulemaking includes amendments to Chapter 93 to correct errors, update stream listings, and amend the dissolved oxygen (DO) criteria in some lakes. EPA regulations require the triennial review of states' water quality standards regulations. The previous triennial review was completed when EPA approved the state's regulations in August 2001. A 60-day public comment period on the proposed rulemaking closed December 17, 2003. Public hearings were held in Mars and Moosic, Pa. WRAC will review the draft final amendments.	Carol Young 717-783-2952
Laboratory Accreditation Regulations Environmental Laboratory Accreditation Act	July 2004 as proposed	Authorized by Act 90 of 2002 (The Environmental Laboratory Accreditation Act), this proposal will establish standards for laboratories and set forth requirements laboratories must meet to be accredited. The regulations will include requirements for laboratory supervisors and staff, management structure, equipment, quality assurance and quality control procedures, record-keeping procedures and analytical procedures. The Laboratory Accreditation Advisory Committee, established by the Act, is reviewing the draft regulations.	Richard Sheibley 717-705-2425
Chapters 86 & 89--Bond Adjustment and Bituminous Mine Subsidence Control and Standards Surface Mining Control and Reclamation Act	August 2004 as final	This rulemaking amends Section 86.152(a) to require DEP to request additional bonds if changes to mining or reclamation activities cause the cost of reclamation to increase. The rulemaking also amends Chapter 89 provisions dealing with subsidence control plans, subsidence control performance standards, relief from responsibility for subsidence damage, water supply replacement performance standards, and procedures for resolving both subsidence damage claims and water supply damage claims. These amendments are proposed as a result of a series of negotiation meetings with OSM in order for DEP to maintain primacy for the coal mining regulatory program. The MRAB reviewed the Chapter 86 amendments since only they pertain to surface mining.	Harold Miller 717-787-3174
Chapter 109--General Update Safe Drinking Water Act	August 2004 as proposed	This general update will revise several sections in Chapter 109. Some sections will be amended to retain or obtain primacy, including monitoring/reporting requirements for lead, copper, inorganic chemicals, volatile synthetic organic chemicals, and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; monitoring/reporting requirements for disinfectants and disinfection byproducts; requirements regarding the practice of engineering, land surveying and geology; reporting requirements for failure to monitor; and comprehensive monitoring plan requirements. WRAC and TAC will review the draft amendments.	Lisa Daniels 717-772-2189
Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act	April 2005 as proposed	The proposed amendments will revise several aspects of the existing Chapter 250 regulations based upon updated scientific information. The amendments will also serve to clarify the existing regulations. Collectively, the revised regulations will provide additional direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. The Cleanup Standards Scientific Advisory Board (CSSAB) will review the draft amendments.	Dave Hess 717-783-9480
New Source Review Air Pollution Control Act	Contingent on outcome of pending litigation and EPA action	The Department's existing new source review (NSR) 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 (ERCs). EPA promulgated NSR regulations on December 31, 2002, and October 27, 2003. However, a number of parties, including PADEP, have filed suit against EPA challenging the promulgation of these regulations. On December 24, 2003, the U. S. Court of Appeals for the D. C. Circuit ''stayed'' the ''routine maintenance, repair and replacement'' provisions and ordered an expedited review of the case. In light of the legal challenges to the federal NSR rules, the Department plans to delay proceeding with revisions to the existing NSR regulations until the pending litigation with EPA is resolved. However, conceptual approaches will be discussed with the AQTAC prior to developing regulatory amendments or an equivalency demonstration.	Terry Black 717-787-2030
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act	April 2004 as proposed	A proposal is being developed to update Chapter 85 based on a recently completed bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County, in March 2000. The petition requested the Department to clarify bluff recession hazard areas in Millcreek Township. Requirements in § 85.13 will be followed to provide municipal notification of any changes that are proposed. The proposal will also include housekeeping changes as Chapter 85 was last updated in the 1980s.	Andrew Zemba 717-772-5633
Stream Redesignations-- Brushy Meadow Creek, et al. Clean Steams Law	June 2004 as final	This stream redesignation package includes 8 streams or segments that were evaluated for redesignation as Cold Water Fishes (CWF), HQ or EV Waters. Brushy Meadow Creek in Northampton County was evaluated due to a request from DEP's Northeast Regional Office and the Pennsylvania Fish and Boat Commission (PFBC). Crum Creek in Chester and Delaware Counties and Green Lick Run in Fayette County were evaluated as a result of petitions. The Little Juniata River in Blair and Huntingdon Counties and Spring Creek in Dauphin County were evaluated due to a request from DEP's Southcentral Regional Office. Pine Creek in Crawford and Warren Counties was evaluated due to a request from the PFBC. In addition, two streams not currently listed in Chapter 93 were evaluated to determine proper use designations.	Bob Frey 717-783-2959
Chapter 401--Mine Subsidence Fund Amendments Coal and Clay Mine Subsidence Insurance Act	December 2003 as proposed	This proposal is under the purview of the Coal and Clay Mine Subsidence Insurance (MSI) Board. The proposal will amend 25 Pennsylvania Code, Chapter 401 (Mine Subsidence Fund) to clarify terms and provisions and to remove dynamic provisions of the insurance policy, such as coverage limits, premium surcharges and policy durations, that are also contained in the Insuring Agreement of the insurance policy. Removing these specific provisions from regulation facilitates the MSI Board's efforts to provide policyholders with relevant coverage while safeguarding the solvency of the Fund. The MSI Board adopted the proposed rulemaking on December 16, 2003. Publication is anticipated in March 2004 with a 30-day public comment opportunity.	Larry Ruane 717-783-9590
GENERAL SERVICES
Responsibility 4 Pa. Code, Chapter 60	Spring, 2004, as proposed	This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures.	Paul C. Coppock [phone]
Instructions to Bidders 4 Pa. Code, Chapter 61	Spring, 2004, as final	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.	Paul C. Coppock [phone]
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	Spring, 2004, as final	This chapter has been superseded and should be repealed because contract conditions should not be set out in regulatory form. There is a need for flexibility that can be of benefit to the Department as well as bidders.	Paul C. Coppock [phone]
State Art Commission 4 Pa. Code, Chapter 65	Spring, 2004, as final	The legislation creating the State Art Commission was sunsetted.	Paul C. Coppock [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Spring, 2004, 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.	Paul C. Coppock [phone]
Contract Compliance 4 Pa. Code, Chapter 68	Spring, 2004, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services.	Paul C. Coppock [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Spring, 2004, as proposed	Amendments are required because parking locations have been changed.	Paul C. Coppock [phone]
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Spring, 2004, 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.	Paul C. Coppock [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Spring, 2004, 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.	Paul C. Coppock [phone]
Metrology Calibration Fees 4 Pa. Code, Chapter 90	Spring, 2004, as proposed	New regulations required to allow Department of General Services to charge fees as authorized by Act No. 1996-155 § 4123 for metrology laboratory calibration, type evaluation and other testing services performed by the Pennsylvania Standards Laboratory.	Paul C. Coppock [phone]
Service of Process on General Services	Summer, 2004, as proposed	New regulation to require that legal process for suits against DGS be served on Chief Counsel's office.	Paul C. Coppock [phone]
HEALTH
Testing Blood and Alcohol Specimens Taken From Persons Who Die as a Result of a Vehicle Accident 28 Pa. Code §§ 29.21 and 29.22	September 2004, as proposed.	The amendments to existing regulations will update testing procedures and make the regulations consistent with the authorizing statute. Pursuant to the section 3749 of the Vehicle Code, 75 Pa.C.S. § 3749, and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31).	Kenneth E. Brody 717-783-2500
Health Facility Licensure--General & Special Hospitals & Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	December 2004, as final-omitted.	Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 101.1 et seq.	April 2004, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	July 2004, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Yvette M. Kostelac 717-783-2500
Public Bathing Place Lifeguard Requirements 28 Pa. Code §§ 18.1 and 18.42	April 2004, as final.	The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law).	Stephanie Michel-Segnor 717-783-2500
Bacterial Monitoring of Public Bathing Beaches 28 Code §§ 18.1, 18.28, 18.30 and 18.31	April 2004, as final.	The amendments to existing regulations will extend the level of testing required for coastal beaches on the Great Lakes, pursuant to federal legislation, to all public bathing beaches in Pa. The amendments also add a requirement of public notice of beach closures pursuant to the Public Bathing Law, 35 P. S. §§ 672--680(d).	Stephanie Michel-Segnor 717-783-2500
Out-of-Hospital Do-Not-Resuscitate Orders 28 Pa. Code Chs. 1001, 1003, 1005, 1007 and 1051	February 2004, as final.	The regulations will facilitate implementation of 20 Pa.C.S. Chapter 54A (relating to the Do-Not- Resuscitate Act) by providing standards for the issuance and revocation of out-of-hospital DNR orders and compliance with those orders. Interim regulations were promulgated on 12/14/02.	Kenneth E. Brody 717-783-2500
Newborn Hearing Screening--Reporting and Early Intervention Referral	July 2004, as proposed.	The regulations will facilitate implementation of 11 P. S. § 876-6 (relating to reporting and early intervention referral) by transforming temporary guidelines for a reporting and early intervention referral system into regulatory standards.	Crystal Fox 717-783-2500
Head Injury Program	July 2004, as proposed.	The amendments to existing regulations will address client enrollment and provider issues.	Crystal Fox 717-783-2500
Drug, Device and Cosmetic Program 28 Pa. Code § 25.72	April 2004, as final.	The amendments will add drugs to the list of controlled substances and reschedule others.	Keith B. Fickel 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7), 963.13(b)(2), 963.15(a), and 25 Pa. Code § 965.4(9).	Summer/Fall 2004	PENNVEST recommends the following revisions: (1). Delete Sections 963.12(a)(6) and the second sentence of Section 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. While PENNVEST has always construed these costs to be encompassed with in the statutory definition of ''eligible cost'' (35 P. S. § 751.3), the agency chose as a matter of policy not to fund this planning process because the Pennsylvania Department of Environmental Protection already provided grant funds for 50% of these costs. PENNVEST is revising its policy because the
		agency is concerned that, in some instances, needed projects are unable to move forward in a timely manner due to a lack of funds to conduct this necessary planning. PENNVEST, therefore, is removing the impediment to funding imposed by the above regulatory provisions. (2). Delete 25 PA Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. While PENNVEST has historically allowed these costs for public facilities provided the profits were used to reduce system user costs it has not allowed financial assistance for such processes for private facilities. PENNVEST is revising its policy because it wants to support recycling and other innovative wastewater projects and the current policy has the potential to stifle such projects. In order to further these objectives, PENNVEST is removing the impediment to funding imposed by the above regulatory provision. (3). Amend 25 Pa. Code § 963.15(a) by revising the first sentence to read in its entirety: ''The term of the loans shall normally be twenty years beginning on the date construction is completed or three years from of the date of loan closing, whichever occurs first.'' This amendment provides a level loan repayment and a defined term at loan closing (normally twenty years). Under the old policy the loan term was determined sometime in the future after construction closed out. Consequently, under the old policy a Borrower with a project that took two years to construct would have had only eighteen years to repay the loan. Under the new policy the repayment term would be twenty years plus two years of interest only payments to provide for construction. (4). Amend 25 Pa. Code § 965.4(9) to place a period after the word ''Board'' and delete the remainder of the sentence. This amendment allows those costs associated with the acquisition of land under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to be financed by PENNVEST. This change is necessary to reflect a shift in policy by the Environmental Protection Agency and the desire of PENNVEST to take advantage of the policy shift to finance such costs.	Jayne B. Blake (717)-783-6776
INSURANCE
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Spring/Summer 2004, as proposed	Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Fall 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13	Fall 2004, as proposed.	Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14	Fall 2004, as proposed.	Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14	Fall 2004, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28	Fall 2004, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--9	Winter 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91	Fall 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57	Fall 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Annuity Disclosure, (NEW Chapter 83a)	Summer 2004, as final.	A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Senior Protection in Annuity Transactions (New Chapter)	Winter/Spring 2004, as proposed.	New regulation setting forth standards and procedures for recommendation to senior consumers involving annuity transactions.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40	Fall 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42	Spring 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Life Insurance Illustrations (New Chapter 87a)	Winter 2004, as proposed.	Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195	Winter 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62	Spring 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101	Spring 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Fall 2004, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Spring 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10	Fall 2004, as proposed	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Standards for Safeguarding Customer Information, NEW 31 Pa. Code, Chapter 146c, 146c.1--146c.11	Winter/Spring 2004, as final.	NEW. This implements the third part of the NAIC model privacy regulation with respect to safeguarding customer information.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147	Winter/Spring 2004, as proposed.	Amend to prohibit a person or firm from being recognized as a qualified independent certified public accountant if the person or firm has entered into an agreement of indemnity or release from liability with respect to an audit of an insurer.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Continuing Care Providers, 31 Pa. Code, Chapter 151, § 151.7	Winter/Spring 2004, as proposed.	Amend one section in conjunction with Chapter 147 in order for the regulations to be consistent.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers, 31 Pa. Code, Chapter 163 §§ 163.1--163.20	Fall 2004, as proposed	Amend to update provisions relating to trust agreements and letters of credit.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Medical Catastrophe Loss Fund, 31 Pa. Code, Chapter 242 §§ 242.1--242.18	Spring 2004, as proposed.	Amend the regulation to be consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Health Maintenance Organizations, 31 Pa. Code, Chapters 301, §§ 301.1--301.126	Winter 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Premium Finance Companies (NEW chapter)	Summer 2004, as proposed.	New regulation addressing issues pertaining to Premium Finance Companies.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Viatical Regulations (NEW chapter)	Fall 2004, as proposed.	New regulation addressing issues pertaining to the Licensing of Viatical Brokers.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
LABOR AND INDUSTRY
Underground Storage Facilities, Title 34, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Winter 2003.	This regulation will address requirements for natural or man-made caverns used for LPG storage.	Edward Leister 717-787-3323
Dry Cleaning, Title 34. Bureau of Occupational and Industrial Safety	Addressed through Act 45 regulations. (See Act 45 regulations).	Dry Cleaning Law, Act of December 19, 1990, P. L. 1327, No. 214, 35 P. S. § 1270.1 et seq. This proposal will regulate the construction, operation and maintenance of dry cleaning plants.	Edward Leister 717-787-3323
Elevators and Lifting Devices, Title 34 Bureau of Occupational and Industrial Safety	Addressed through Act 45 regulations. (See Act 45 regulations).	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.	Edward Leister 717-787-3323
Uniform Construction Code (UCC) regulations. Act 45 of 1999. Title 34, Chaps. 401--405. Bureau of Occupational and Industrial Safety	IRRC approved final-form regulation on November 20, 2003. Anticipate publication in January 2004.	Act 45 of 1999, providing for a uniform statewide building code, requires department to promulgate regulations. The regulation will provide for administration and enforcement of statewide building code. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations under each (including those for Personal Care Homes), will be addressed through Act 45 regulations.	Jon Balson 717-787-3323
Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety.	Submit final-omitted regulation in Winter 2004.	Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority.	Edward Leister 717-787-3323
Boiler requirements, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Winter 2004.	The regulations will update requirements for boilers and unfired pressure vessels in accordance with the Boiler and Unfired Pressure Vessel Law.	Edward Leister 717-787-3323
Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Winter 2004.	Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards.	Edward Leister 717-787-3323
Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services	Submit proposed rulemaking in Spring 2004.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	Mark Frankel 717-787-3667
Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213.	Submit proposed rulemaking expected in Summer 2004.	PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures.	Richard C. Lengler 717-783-9288
Flammable and Combustible Liquids, Title 37, Chap. 13. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Spring 2004.	Amendment to Flammable and Combustible Liquids regulation setting standards for unattended self-service gasoline dispensing. National Fire Protection Association standards will be incorporated.	Doug McAdam 717- 787-4713
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits	Submit proposed rulemaking in Spring 2004.	Update requirements and procedures for filing benefit and claim applications.	Jeri Morris 717-787-3667
Bureau of Workers' Compensation Title 34, Chapter 121	Submit proposed rulemaking in Spring 2004.	Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology.	Nathaniel Holmes 717-772-0621
Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment	Submit proposed rulemaking in Winter 2004.	Update processes governing medical care and costs under the Workers' Compensation Act.	Eileen Wunsch 717-772-1912
Bureau of Workers' Compensation, Title 34, Chapter 123	Submit proposed rulemaking Spring 2004.	Update procedures for qualifications of vocational experts to reflect passage of Act 88 (if needed).	Jack Kupchinsky 717-783-5241
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa. Code Section 7.1 et seq	October 2003, as proposed.	This regulation is necessary to update current regulations to make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Eclemus Wright, Jr. 717-861-8503
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System.
PROBATION AND PAROLE
The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5(13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''	The proposed regulation will be published in the Pa. Bulletin in the spring of 2004.	The County Probation and Parole Officers' Education and Training Commission is in the process of promulgating these regulations and anticipates the completion of proposed regulations by March 2004 for publication in the PA Bulletin.	Chester Cope 717-772-4185
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code Chapter 215	Publication anticipated within 2-3 months	This proposal is being made to amend 22 Pa. Code, Chapter 215 and would delete the transitional provisions for electing to participate in an optional alternate retirement plan contained in § 215.36. The provision is no longer needed, and may conflict with current Retirement Code provisions.	Frank Ryder [phone]
PUBLIC WELFARE
Personal Care Homes 55 Pa. Code Chapters 2600, 2620	May 2004, as final	This regulation strengthens health and safety requirements for personal care homes.	Ruth O'Brien [phone]
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	July 2004, as proposed	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children.	Ruth O'Brien [phone]
Subsidized Child Day Care Eligibility 55 Pa. Code Chapter 3040	April 2004, as proposed	This regulation clarifies and revises the eligibility requirements for child day care subsidy.	Ruth O'Brien [phone]
Administration and Operation of a Children and Youth Social Services Agency 55 Pa. Code Chapter 3680	December 2004, as proposed	This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home.	Ruth O'Brien [phone]
Workfare/Community Service 55 Pa. Code Chapters 166, 275	January 2005, as proposed	This regulation clarifies who may be assigned and the priority and factors to be considered in making Workfare program assignments. The regulation also defines responsibilities of county assistance offices and project operators regarding participation expenses and program requirements and provides for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation. This regulation will be reviewed by representatives of community legal services agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Real Property Liens 55 Pa. Code Chapters 101, 121, 177, 183, 257, 297	September 2004, as proposed	This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257 (relating to Reimbursement). Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Criminal History* 55 Pa. Code Chapters 125, 133, 141	January 2005, as proposed	This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Medical Support Rights 55 Pa. Code Chapter 187	December 2004, as proposed	This regulation will require Medical Assistance applicants recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	September 2004, as proposed	This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Family Violence Option 55 Pa. Code Chapter 187	January 2005, as proposed	This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Increases in Payment for Burial and/or Cremation* 55 Pa. Code Chapter 285	June 2004, as proposed	This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A deceased person of any age who received or was eligible to receive a money payment--TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Medical Assistance for Workers with Disabilities 55 Pa. Code Chapter 140	August 2004, as proposed	This regulation provides Medicaid benefits to Workers with Disabilities (MAWD) who would otherwise not be eligible, effective January 1, 2002. The Ticket to Work and Work Incentives Improvement Act of 1999 (P. L. 106-170) gave states the option of providing categorically needy Non-Money Payment Medicaid benefits to workers with disabilities who have higher incomes and resources than the current Medicaid standards. Pennsylvania exercised this option by passing Act 2001-77 of June 26, 2001 (P. L. 755), also known as the Tobacco Settlement Act, which establishes MAWD. MAWD is intended to provide individuals with disabilities the opportunity to enter and remain in the workforce while receiving Medicaid coverage. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, disability advocacy organizations and other client advocacy groups.	Ruth O'Brien [phone]
Breast and Cervical Cancer Prevention and Treatment Program 55 Pa. Code Chapter 140	August 2004, as proposed	This regulation provides Medicaid benefits to individuals diagnosed with Breast and Cervical Cancer, effective January 1, 2002. The BCCPT Act of 2000 amended Title XIX of the Social Security Act by giving states the option of providing full Medicaid benefits to a new group of individuals. This regulation provides Medical Assistance for women who have breast and cervical cancer, including pre-cancerous conditions of the breast and cervix, in addition to full Medicaid benefits. Specifically, uninsured and underinsured women under the age of 65, screened and diagnosed with either breast or cervical cancer, including pre-cancerous conditions of the breast or cervix, by a provider or facility funded in full or part by the Centers for Disease Control and Prevention under its National Breast and Cervical Cancer Early Detection Program, will be eligible for Medicaid benefits. Pennsylvania has chosen the Department
		of Health Healthy Woman Project as the screening entity for this program. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, professional medical organizations and other client advocacy groups.	Ruth O'Brien [phone]
Semi-annual Budgeting 55 Pa. Code Chapters 142, 168, 175, and 183	December 2004, as proposed	This regulation will change the manner of reporting and adjusting earned income for employed clients. Reporting of earned income will be required for specific periods within six-month intervals. Benefits will be adjusted on a post-adjustment basis so that income reported for period A will affect benefits received in period B, etc. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Medical Assistance Changes (MAC) 55 Pa. Code Chapters 133, 140, 141, 178 and 181	June 2004, as proposed	This regulation incorporates eligibility requirements for Temporary Assistance for Needy Families (TANF)-related, Supplemental Security Income (SSI)-related and General Assistance (GA)-related Medicaid. Some of the major changes include revisions to: 1) the application and redetermination process; 2) the qualification requirements and eligibility rules for Healthy Beginnings; 3) the income eligibility methodologies for TANF-related categories of Medicaid; 4) the income and resource requirements for the Medicaid Program; 5) Extended Medical Coverage to include provisions as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1966 (PRWORA); 6) the GA-related Nonmoney Payment (NMP) and Medically Needy Only (MNO) eligibility criteria as set forth in Act 35; 7) the qualifying criteria for TANF-related categories to include a new eligibility group as set forth in § 1931 of the Social Security Act.	Ruth O'Brien [phone]
Time Out Benefits 55 Pa. Code Chapter 281	July 2004, as final	The current regulation sunsets July 1, 2004. The Department plans to readopt the existing regulation to allow continuation of the Time Out program which benefits cash assistance recipients by allowing them to ''stop the clock'' for purposes of applying the 60-month limitation for the receipt of benefits under the Temporary Assistance to Needy Families (TANF) program	Ruth O'Brien [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT)* 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	December 2005, as final omitted	This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Medical Assistance Case Management Services* 55 Pa. Code Chapter 1239	January 2005, 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 Medical Assistance Advisory Committee.	Ruth O'Brien [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
OMNIBUS MA * 55 Pa. Code Chapters 1101, 1121, 1149	December 2005, as final omitted	This final regulation codifies Act 1994-49 provisions that affect the medical benefits of General Assistance recipients over the age of 21 when these services are solely state funded. These recipients are no longer eligible for (1) dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; (2) medical supplies and equipment except as prescribed for family planning or with home health agency service and (3) prescription drugs except legend birth control drugs. This regulation also implements Act 1996-35 provisions imposing a $150 deductible on inpatient and outpatient hospital services and ambulatory surgical center services, except laboratory and x-ray services for General Assistance and General Assistance-related Medical Assistance recipients. In addition, this regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
OMNIBUS Pharmacy* 55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	June 2004, as final omitted	This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation was reviewed by the Medical Assistance Advisory Committee in 2001.	Ruth O'Brien [phone]
Residential Treatment Facilities (RTF) for Mental Health Services* 55 Pa. Code Chapters 1157, 1165	July 2005, as proposed	This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee on 3/28/02. The Department received comments from 6 agencies. These comments are currently under review by the Department.	Ruth O'Brien [phone]
Physician Assistant/Midwife* 55 Pa. Code Chapter 1141	December 2004, as final omitted	This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Discontinuance of the Mandatory Second Opinion Program* 55 Pa. Code Chapter 1150	June 2005, as final omitted	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 2005, as proposed	This regulation takes the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997) and promulgates it into the regulations. This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
New Definition of ''Emergency Medical Condition'' * 55 Pa. Code Chapters 1101, 1141, 1150, 1221	July 2004, as final omitted	This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Definition of Medically Necessary 55 Pa. Code Chapter 1101	December 2004, as proposed	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	June 2004, as final omitted	This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Dental Services 55 Pa. Code Chapter 1149	June 2004, as final omitted	This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Preadmission Requirements for Nursing Facility Services (Mandatory 12 month spend-down) 55 Pa. Code Chapter 1187	July 2004, as proposed	This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Penile Prosthesis 55 Pa. Code Chapters 1141, 1163,	December 2004, as proposed	This regulation revises the current § 1141.59(8) non-compensable services and § 1163.59(a)(4) noncompensable services, items and outliers days.	Ruth O'Brien [phone]
Pharmaceutical Services 55 Pa. Code Chapter 1121	June 2004, as final	This regulation revises the rates paid by the Department to pharmacy providers governing payment for and dispensing of brand-name prescription drugs under the fee for service component of the Medical Assistance Program.	Ruth O'Brien [phone]
Extension of County Transition Payments and Double Disproportionate Share 55 Pa. Code Chapter 1187	July 2004, as final omitted	This regulation will extend the county nursing facility transition rates for the period July 1, 2003, through June 30, 2008, and will increase the disproportionate share incentive payments to qualified nursing facilities for the period July 1, 2003 through June 30, 2007. The disproportionate share incentive payment shall be increased to equal two times the disproportionate share per diem incentive calculated in accordance with 55 Pa. Code Chapter 1187 § 1187.111(c). This regulation will be reviewed by the Medical Assistance Advisory Committee. These changes are made in accordance with the Intergovernmental Transfer Agreements.
MA Day of Care 55 Pa. Code Chapter 1187	June 2004, as proposed	The regulation will revise the definition of an MA day of care to include days of care for which an MCO under contract with the Department or LTCCAP provider pays 100 percent of the negotiated rate or fee for the MA resident's care in a nursing facility and days of care for which the resident and an MCO under contract with the Department or LTCCAP provider pays 100 percent of the negotiated rate or fee for the MA resident's care in the nursing facility. In addition, the regulation will further expand the definition of an MA day of care to include days of care for which the Department makes payment for MA residents receiving hospice services in a nursing facility.	Ruth O'Brien [phone]
Medical Assistance Provider Appeal Procedures 55 Pa. Code Chapter 31	July 2004, as proposed	This regulation implements 67 Pa.C.S. 1106 which provides that the Department's Bureau of Hearings and Appeals, in consultation with an advisory committee, will promulgate regulations establishing rules of procedure governing Medical Assistance Provider appeals.	Ruth O'Brien [phone]
Third Party Liability Programs 55 Pa. Code Chapter 259	July 2005, as proposed	Section 1902(a)(25) of the Social Security Act (42 U. S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to insure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U. S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language.	Ruth O'Brien [phone]
REVENUE
Construction Contractors 61 Pa. Code, Article II	June 2004, as proposed.	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities.	Douglas Berguson 717-346-4633
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21	June 2004, 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 Berguson 717-346-4633
Prebuilt Housing	April 2004, as proposed.	The regulation codifies legislative changes relating to prebuilt housing that were set forth in Act 23-2000 (72 P. S. §§ 7201(g)(8), (vv)--(zz), 7202(f) and 7204(60)).	Douglas Berguson 717-346-4633
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	June 2004, as proposed.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas Berguson 717-346-4633
Small Games of Chance Amendments 61 Pa. Code, Part VII	June 2004, as proposed.	The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance.	Douglas Berguson 717-346-4633
Support Offset and Other Personal Income Tax Provisions	June 2004, as proposed	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson 717-346-4633
SECURITIES COMMISSION
Rule 144A exchange transactions 64 Pa. Code § 203.203	Proposed Rulemaking May 2004	The Commission plans to propose a regulation to exempt from registration certain transactions in Rule 144A securities with certain accredited investors.	G. Philip Rutledge [phone]
Investment adviser registration procedures 64 Pa. Code § 303.012	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge [phone]
Investment adviser capital requirements 64 Pa. Code § 303.042	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge [phone]
Investment adviser required records 64 Pa. Code § 304.012	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge [phone]
Investment adviser required financial reports 64 Pa. Code § 304.022	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge [phone]
Dishonest and unethical practices 64 Pa. Code § 305.019	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to include those practices which, in the context of investment adviser custody of client funds or securities, would be deemed to be dishonest or unethical.	G. Philip Rutledge [phone]
Investment adviser custody or possession of funds or securities of clients 64 Pa. Code § 404.013	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge [phone]
STATE
State Board of Accountancy --General Revisions-- 49 Pa. Code, Chapter 11. (16A-559)           --CPA Examination-- 49 Pa. Code, Chapter 11. (16A-5510)         --Schedule of Civil Penalties-- 49 Pa. Code § 43b.10a (16-32)	Spring 2004, as Proposed.             Spring 2004, as Final (Proposed- Omitted)         Spring 2004, as Proposed	The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.   This proposed regulation would revise examination requirements as needed to implement the new computer-based C.P.A. examination and would repeal unnecessary requirements related to the administration of the examination. Statutory Authority: Section 3 of the CPA Law, 63 P. S. § 9.3.   This proposed regulation amends the schedule of Act 48 civil penalties for violations of the C.P.A. law and the Board's regulations to correct a technical error in the authority cited for two violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Dorna Thorpe [phone]
State Architects Licensure Board --Definition of Sole Proprietorship and Clarification of Renewal Fee for Firms-- 49 Pa. Code §§ 9.2 and 9.3 (16A-418)   --Schedule of Civil Penalties-- 49 Pa. Code § 43b.21. (16-32)	Spring 2004, as Proposed.             Spring 2004, as Proposed	This regulation is needed to clarify which types of firm practice are subject to the annual fee for registered architecture firms. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).       This regulation would amend the schedule of Act 48 civil penalties for violations of the Architects Licensure Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Dorna Thorpe [phone]
State Athletic Commission --Communicable Disease Testing--58 Pa. Code §§ 1.1 and 28.1 (16-34)	Spring 2004, as Proposed	This regulation would expand the Commission's current regulations that authorize the testing of boxers for HIV to permit testing for other communicable diseases, including Hepatitis C. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501.	Greg Sirb [phone]
State Board of Auctioneer Examiners --Deletion of Reference to Examination Fees--49 Pa. Code § 1.41. (16A-647)	Summer 2004, as Final.	The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a).	Tammy Radel [phone]
State Board of Barber Examiners --Deletion of Examination Fees-- 49 Pa. Code, Chapter 3. (16A-425)   --Ten chair schools-- 49 Pa. Code § 3.82 (16A-426)           --Schedule of Civil Penalties-- 49 Pa. Code § 43b.4 (16-32)	Spring 2004, as Final.       Summer 2004, as Final.             Spring 2004, as Proposed	The regulation would delete references to the licensing examination fees. Statutory Authority: Section 14 of the Barber's Licensing Law, 63 P. S. § 564.   The regulation would reduce the minimum number of barber chairs and desks and the minimum square footage requirements for barber schools and eliminate the requirement of two inspections for new barber schools. Statutory Authority: Section 15-A.4(b) of the Barbers' Licensing Law, 63 P. S. § 566.4(b).   This regulation would amend the schedule of Act 48 civil penalties for violations of the Barbers' Licensing Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sara Sulpizio [phone]
State Board of Chiropractic --Chiropractic specialties-- 49 Pa. Code Ch. 5 (16A-4312)         --Patient records-- 49 Pa. Code § 5.51 (16A-4313)     --Volunteer license-- 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2004, as Proposed.             Summer 2004, as Proposed.       Spring 2004, as Proposed.	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   This regulation is required by the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.	Deborah Smith [phone]
Commissioner, BPOA --Schedule of Civil Penalties-- 49 Pa. Code §§ 43b.4; 43b.8; 43b.9; 43b.10a and 43b.11a (16-32)           --Schedule of Civil Penalties-- 49 Pa. Code §§ 43b.15; 43b.16; 436.17; 43b.18; 43b.19 and 43b.20 (16-29)	Spring 2004, as Proposed.                 Spring 2004, as Statement of Policy	The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission; State Board of Vehicle Manufacturers, Dealers and Salespersons; State Board of Accountancy; and State Architects Licensure Board that were previously codified as regulations under Act 48 of 1993. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).   This Statement of Policy would establish Act 48 Civil Penalty Schedules for six additional boards (State Board of Certified Real Estate Appraisers; State Board of Examiners in Speech-Language and Hearing; State Board of Examiners of Nursing Home Administrators; State Board of Nursing; State Board of Occupational Therapy Education and Licensure; and State Board of Medicine). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Cynthia K. Montgomery [phone]
Bureau of Commissions, Elections & Legislation --Fees for Notary Services-- (16-33)	Spring 2004, as Proposed.	This regulation would increase the fees that notaries are permitted to charge for their services. An increase has not occurred since February 1984. Statutory Authority: Sections 21 and 22.3 of the Notary Public Law, 57 P. S. §§ 167 and 168.3.	Nancy Chavez [phone]
Corporations Bureau --UCC Revised Article 9-- (16-35)	Spring 2004, as Proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Christal Pike-Nase [phone]
State Board of Cosmetology --Sanitation/ Disinfection-- 49 Pa. Code §§ 7.90--7.101 (16A-454)       --General Revisions-- 49 Pa. Code §§ 7.1--7.142. (16A-459) (Includes previous16A-457)	Spring 2004, as Final.           Fall 2004, as Proposed.	The proposed regulation would update the Board's sanitation and disinfection requirements for manicuring, cosmetician and cosmetology shops and schools. Statutory Authority: Sections 11 and 14 of the Beauty Culture Law, 63 P. S. §§ 517 and 520.   The Board plans a comprehensive amendment to Chapter 7 to bring existing regulations up-to-date and to clarify requirements for sanitation and the provisions of advanced aesthetic services. Statutory Authority: Section 11 of the Beauty Culture Law, 63 P. S. § 517.	Sara Sulpizio [phone]
State Board of Dentistry --Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia-- 49 Pa. Code §§ 33.331--33.344. (number not yet assigned)   --Sexual Misconduct--49 Pa. Code, Chapter 33. (16A-4613)           --Expanded Function Dental Assistants-- 49 Pa. Code § 33.103. (16A-4612)   --Volunteer license-- 49 Pa. Code § 33.110 (number not yet assigned)	Spring 2004, as Proposed.                   Fall 2004, as Final.               Spring 2004, as Final.       Spring 2004, as Proposed	This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and the enactment of Act 135 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o) and Section 2 of Act 135 of 2002.           Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).   This regulation would eliminate the clinical examination component with respect to expanded function dental assistants. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).   This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).	Lisa Burns [phone]
State Board of Funeral Directors --Unprofessional Conduct-- 49 Pa. Code § 13.201, 202. (16A-483)   --Advertising-- 49 Pa. Code §§ 13.191 to 13.196 (16A-484)     --Application-- 49 Pa. Code, Chap. 13 (16A-485)     --Facility-- 49 Pa. Code, Ch. 13 (16A-486)     --Qualifications-- 49 Pa. Code, Ch. 13 (16A-487) State Board of Funeral Directors (cont'd)   --Supervisor-- 49 Pa. Code, Chap. 13 (16A-488)       --Continuing Education-- 49 Pa. Code, Ch. 13 (16A-489)       --Limited License-- 49 Pa. Code §§ 13.1, 13.12, and 13.77 (16A-4810)       --Forms Review-- 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)	Spring 2004, as Proposed.       Spring 2004, as Proposed.       Spring 2004, as Proposed.       Spring 2004, as Proposed.       Spring 2004, as Proposed.         Spring 2004, as Proposed.         Fall 2004, as Final.           Spring 2004, as Proposed.           Spring 2004, as Proposed.	The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   These amendments would update the Board's regulations related to advertising. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   This regulation revises the procedures for applying for licensure as a funeral establishment. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   The amendments would update facility requirements for funeral establishments. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   The amendments would update qualifications for licensure. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).       This regulation amends the procedures for licensure as a supervisor and clarifies the responsibilities of a funeral supervisor. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board adopt regulations to implement continuing education, as now required by Section 10(b) of the Funeral Director Law. Statutory Authority: 63 P. S. § 479.10(b).   This regulation is being promulgated to implement the provisions of Act 48 of 2000 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: Section 9(c) of the Funeral Director Law, 63 P. S. § 479.9(c).   This regulation would delete the requirement that form statements of funeral goods and services and preneed contracts be reviewed and approved by the Board. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).	Michelle Smey [phone]
State Board of Landscape Architects --Deletion of Reference to Examination Fees--49 Pa. Code § 15.12. (16A-617)   --General Revisions-- 49 Pa. Code, Chapter 15. (16A-618)	Fall 2004, as Final.         Spring 2004, as Proposed.	The regulation would delete references to examination fees. Statutory Authority: Section 4(2) of the Landscape Architects' Registration Law, 63 P. S. § 904(2).     The regulation would entail general revisions of the Board's current regulations. Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9).	Shirley Klinger [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Medicine --Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-4914)       --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-4915)         --Licensure of Medical Doctors-- 49 Pa. Code §§ 17.1(b), 17.2(c) and 17.5(c)(2) (16A-4917)             --Disciplinary Procedures-- 49 Pa. Code, Chapter 16, Subchapter E. (16A-4918)         --Physician's Assistants-- 49 Pa. Code, Chapter 18, Subchapter D (number not yet assigned)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)         --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned)	Fall 2004, as Final.           Spring 2004, as Proposed           Spring 2004, as Proposed.                   Spring 2004, as Proposed               Spring 2004, as Proposed.           Spring 2004, as Proposed.             Spring 2004, as Proposed.	This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations establishing CME requirements for physicians, including training in patient safety and risk management. Statutory Authority: Section 910 of Act 13.   This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.   This regulation would delete the requirements that graduates of foreign medical schools demonstrate 32 months and 4000 hours of instruction and 72 weeks of clinical instruction. It would also amend the regulation pertaining to licensure by endorsement to prove the Board greater discretion in assessing the qualifications of physicians who have extensive practice experience. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.   This regulation would amend the Board's disciplinary procedures regulations to codify existing practices and to assure that in light of the passage of the MCARE Act, the procedures suggested by the Health Care Services Malpractice Act survive. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.   This regulation amends the Board's regulations pertaining to physician assistants. Statutory Authority: Section 13 of the Medical Practice Act of 1985, 63 P. S. § 422.1.       This statement of policy would establish a schedule of Act 48 civil penalties for failure to report under the MCARE Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a); Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8; and Section 903(1) of the Mcare Act, 40 P. S. § 1303.903(1).   This regulation is required to amend the current regulations regarding volunteer licenses to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.	Joanne Troutman [phone]
State Board of Nursing --Conscious Sedation-- 49 Pa. Code § 21.14. (16A--5114)   --CRNP Program Approval-- 49 Pa. Code §§ 21.260--278, 286-289. (16A-5119)   --Update of CRNP Prescriptive Authority Fees-- 49 Pa. Code § 21.253. (16A-5116)   --CRNP Continuing Education-- 49 Pa. Code § 21.253. (16A-5117)     --Programs in Transition-- 49 Pa. Code § 21.51 (16A-5118)           --Licensed Dietitian--Nutritionist Regulations-- 49 Pa. Code §§ 21.701--21.717 (16A-5120)   --Temporary Practice Permits-- 49 Pa. Code §§ 21.7 and 21.149 (16A-5121)	Spring 2004, as Proposed.       Spring 2004, as Proposed.         Spring 2004, as Final.         Spring 2004, as Final         Spring 2004, as Proposed.               Spring 2004, as Proposed.           Spring 2004, as Proposed.	This regulation would embody the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).     This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2.     This regulation pertains to continuing education requirements associated with Certified Registered Nurse Practitioners. Statutory Authority: Sections 2.1(k) and 8.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 218.1.   This regulation sets requirements for hospital-based registered nurse diploma education programs to transition to degree-granting status under the authority of a college or university which is pursuing, but has not yet attained, regional accreditation. Statutory Authority: Section 2.1(k) and Section 6 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 216.   Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian- nutritionists. These regulations implement those amendments. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   The regulation provides for temporary practice permits for graduate professional nurses and graduate practical nurses and for currently- licensed professional nurses and practical nurses practicing in other jurisdictions who apply for licensure in this Commonwealth. Statutory Authority: Sections 2.1(k) and 4.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 214.1; and sections 3.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 653.1 and 667.6.	Ann Steffanic [phone]
--LPN/IV Therapy-- 49 Pa. Code § 21.145 (16A-5122)     --Volunteer License-- 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Proposed.       Spring 2004, as Proposed.           Spring 2004, as Statement of Policy	This regulation addresses the LPN's role in working with peripherally inserted catheters (PIC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).     The policy statement would establish a schedule of Act 48 civil penalties for violations of the Professional Nursing Law and the Practical Nurse Law. Statutory Authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).
State Board of Examiners of Nursing Home Administrators --Deletion and Correction of Fees-- 49 Pa. Code § 39.72. (16A-628)   --Requirements for Admission to Examination-- 49 Pa. Code § 39.5. (16A-627)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Fall 2004, as Proposed.       Spring 2004, as Proposed.         Spring 2004, as Statement of Policy.	This regulation would delete licensing examination fees. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).   This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).   This Statement of Policy would establish a schedule of Act 48 civil penalties for violations of the Nursing Home Administrators Licensing Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Christina Stuckey [phone]
State Board of Occupational Therapy Education and Licensure --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Statement of Policy.	The Statement of Policy would establish a schedule of Act 48 of 1993 civil penalties for violations of the Occupational Therapy Practice Act and Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Lisa Burns [phone]
State Board of Optometry --General Revisions-- 49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528)       --Continuing Education-- 49 Pa. Code, §§ 23.82, 23.83, 23.87 (16A-529)     --Continuing Education, Certification to Treat Glaucoma-- 49 Pa. Code §§ 23.82, 23.86, 23.91, and 23.205 (16A-5211)     --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2004, as Final.             Spring 2004, as Final.         Spring 2004, as Final.               Spring 2004, as Proposed.	The Board is making general revisions to its current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory Authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14).   This regulation would amend the continuing education requirements of licensees. Statutory Authority: Section 3(b)(12) and Section 4.1(b) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(b)(12), 244.4a(b).   This regulation implements amendments to the Act made by Act 225 of 2002, adds the American Academy of Ophthalmology and its affiliates to the list of pre-approved continuing education providers, and establishes an application procedure and related fee for certification to treat glaucoma. Statutory Authority: 63 P. S. §§ 244.2b and 244.3(b)(12) & (14).   This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Deborah Smith [phone]
State Board of Osteopathic Medicine --Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-5313)       --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-5314)         --Delegation-- 49 Pa. Code, Chap. 16 (16A-5312)       --Volunteer License-- 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)	Spring 2004, as Proposed.           Spring 2004, as Proposed.           Summer 2004, as Final.         Spring 2004, as Proposed.	This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations requiring osteopathic physicians to complete CME in patient safety and risk management. Statutory Authority: Section 910 of Act 13.   This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.   This regulation would establish standards for the delegation of osteopathic medical services to qualified personnel. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.   This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.	Gina Bittner [phone]
State Board of Pharmacy --Technology and Automation-- 49 Pa. Code, Chapter 27. (16A-5410)       --Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations-- 49 Pa. Code, Chapter 27 (16A-5412)	Spring 2004, as Proposed.           Spring 2004, as Proposed.	The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9).   Section 2 of Act 102 of 2002 requires the Board to adopt regulations establishing the parameters of written agreements or protocols for drug therapy management in institutional settings and to establish education and training standards and practice guidelines under which pharmacists may be authorized to administer injectable medications, biologicals, and immunizations to persons who are more than eighteen years of age. Statutory Authority: Sections 9.1 and 9.2 of the Pharmacy Act, 63 P. S. §§ 390-9.1 and 390-9.2.	Melanie Zimmerman [phone]
State Board of Physical Therapy --General Revisions--49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21--40.24. (16A-659)   --Certificate of Authorization to Practice Physical Therapy Without a Referral-- 49 Pa. Code Chap. 40 (16A-651)	Spring 2004, as Final.             Spring 2004, as Final.	The regulation would correct and revise existing regulations regarding physical therapists. Statutory Authority: Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).         This regulation would implement the act of Feb. 21, 2002 (P. L.___, No. 6) (Act 6), which enables licensees to seek a certificate of authorization to practice physical therapy without a referral from a physician. Statutory Authority: Section 2 of Act 6 of 2002; Section 3 of the Physical Therapy Practice Act, 63 P. S. § 1303.	J. Robert Kline [phone]
State Board of Podiatry --Professional Liability Insurance-- 49 Pa. Code, Chapter 29, §§ 29.52--29.54 (16A-447)       --Sexual Misconduct-- 49 Pa. Code, Chapter 29 (16A-448)               --Registration and Practice of Acupunturists-- 49 Pa. Code, Chapter 29 (16A-449)   --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2004, as Proposed             Spring 2004, as Proposed.                   Spring 2004, as Proposed.         Spring 2004, as Proposed.	This regulation would amend the current regulations to eliminate references to the Health Care Services Act and replaces them with references to the Medical Care Availability and Reduction of Error (MCARE) Act. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.   Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts of a sexual nature which the Board deems unprofessional when occurring or resulting form a professional relationship. Statutory Authority: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3).     This regulation is required to establish the registration fees and regulate the practice of acupuncturists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803   This regulation is required to amend the Board's regulations to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Gina Bittner [phone]
State Board of Psychology --Ethics Principles-- 49 Pa. Code § 41.61. (16A-6312)     --Education Requirements-- 49 Pa. Code § 41.31 (16A-6313)           --Notice Requirements-- 49 Pa. Code §§ 41.65--41.66 (16A-6314)	Spring 2004, as Proposed.       Summer 2004, as Proposed.               Fall 2004, as Final.	This regulation would amend Principles 2(b) and 7(i) of the Board's Code of Ethics. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. 1203.2(2).   This regulation would require all doctoral degree programs in psychology and fields related to psychology within North American and the U. S. territories to either be accredited by the APA/CPA or designated by ASPPB. Statutory Authority: Sections 3.2(1) and 6(a)(2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and 1206(a)(2).   This regulation would require licensees to provide notice to the Board of certain criminal convictions and disciplinary actions taken by licensing authorities in other jurisdictions and require licensees who have been suspended or revoked by the Board to notify all current clients/patients of the disciplinary action. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).	Christina Stuckey [phone]
State Board of Certified Real Estate Appraisers --General Revisions-- 49 Pa. Code § 36.51. (16A-7014)               --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Proposed.                 Spring 2004, as Statement of Policy.	The regulation represents a comprehensive revision of requirements relating to education and experience for initial certification; continuing education for renewal of certification; standards of practice; and supervision of appraisal assistants. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2); and Section 3 of the Assessors Certification Act, 63 P. S. § 458.3.   The policy statement would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Appraisers Certification Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Smey [phone]
State Real Estate Commission --Education-- 49 Pa. Code, Chapter 35. (16A-561)         --Deletion of Examination Fee-- 49 Pa. Code, Chapter 35. (16A-569)         --Schedule of Civil Penalties-- 49 Pa. Code § 43b.8 (16-32)	Summer 2004, as Final.           Summer 2004, as Final.             Spring 2004, as Proposed.	This regulation proposes changes to the current pre-Licensure and continuing education requirements and adds distance education. Statutory Authority: Section 404.1(a) of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404a(a).   This regulation is needed to delete references to the examination fee, which is determined by contract and charged by the professional testing organization, from the schedule of fees and examination provisions. Statutory Authority: Section 812.1 of the Administrative Code, 71 P. S. § 279.3a.   This regulation would amend the existing Act 48 Schedule of Civil Penalties formerly promulgated by the Real Estate Commission in 1998. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Deborah Sopko [phone]
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors --Continuing Education-- 49 Pa. Code, Chapter 47 (16A-693)       --Dual Licensing of Substance Abuse Services-- 49 Pa. Code § 49.17 (16A-697)       --Sexual Intimacies-- 49 Pa. Code §§ 50.20--50.25. (16A-691)           --Supervised Clinical Experience-- 49 Pa. Code, §§ 47.12c, 48.13 and 49.13. (16A-698)           --Technical Amendments-- 49 Pa. Code §§ 47.1 and 47.1a. (16A-699)	Spring 2004, as Proposed.           Spring 2004, as Statement of Policy.           Spring 2004, as Proposed.               Spring 2004, as Proposed.                 Spring 2004, as Proposed.	This regulation would require that licensees complete continuing education as a condition of license renewal. Statutory Authority: Sections 18(a) 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1918(a) and 1906(2).   This Statement of Policy establishes the Board's position on the dual licensing of providers of Substance Abuse Services by the Board and the Department of Health. Statutory Authority: Section 2 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1902.   This regulation defines the professional relationship and prohibits sexual intimacies between a client/patient and the social worker, clinical social worker, marriage and family therapist or professional counselor. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).   This regulation permits supervised clinical experience to include group supervisory sessions within educational, institutional and agency settings without the requirement that the supervisor supervise no more than six individuals at the same time. Statutory Authority: Sections 6(2) and 7 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1906(2) and 1907.   This regulation clarifies the definition of ''accredited school'' and deletes the requirement that supervisors of clinical social work applicants for licensure hold a license to practice social work in this Commonwealth so long as they are currently licensed to practice social work in any jurisdiction. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.	Cindy Warner [phone]
State Board of Examiners in Speech-Language and Hearing --Continuing Education-- 49 Pa. Code, Chapter 45. (16A-6802)     --Assistant Regulations-- 49 Pa. Code §§ 45.301--308. (16A-6801)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Proposed.         Spring 2004, as Proposed.         Spring 2004, as Statement of Policy.	This regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory Authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7).   This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(8).     The policy statement would establish a schedule of Act 48 civil penalties for violations of the Speech-Language and Hearing Licensure Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Cindy Warner [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Vehicle Manufacturers, Dealers and Salespersons --Consignment Sales--49 Pa. Code § 19.19. (16A-607) (formerly 16A-601)   --Auction License-- 49 Pa. Code § 19.21. (16A-603)       --Display Requirements-- 49 Pa. Code § 19.18. (16A-604)         --Branch Lots-- 49 Pa. Code § 19.18. (16A-605)             --Emergency Vehicles-- 49 Pa. Code Ch. 19 (16A-606)   --Protest Procedures-- 49 Pa. Code, Chapter 19. (16A-608)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-32)	Spring 2004, as Final.       Spring 2004, as Final.         Spring 2004, as Final.             Spring 2004, as Final.               Spring 2004, as Final.       Spring 2004, as Proposed.       Spring 2004, as Proposed.	This regulation would set forth the standards by which dealers may engage in consignment sales. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Act. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would create an exception in the Board's regulations to permit a vehicle dealer to display up to five vehicles in a non-conforming area so long as the public is not permitted to enter the non-conforming area. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation permits vehicle dealers to (1) display a single vehicle, or series of single vehicles, at an unlicensed location if no sales activity is occurring at that location and (2) store vehicles at an unlicensed location if no sales activity is occurring at that location. Statutory Authority: Sections 2, 4 and 5 of the Board of Vehicles Act, 63 P. S. §§ 818.2, 818.4(4), 818.4(9), and 818.5(e).   The proposed regulation would exempt dealers of emergency vehicles from complying with display area regulations. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would establish procedures to be followed in franchise protest hearings. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would amend the schedule of Act 48 of 1993 civil penalties for violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Teresa Woodall [phone]
State Board of Veterinary Medicine --Implanting Electronic Devices and Conforming Regulations to Act 167 of 2002-- 49 Pa. Code, Chapter 31. (16A-5715)	Spring 2004, as Proposed.	This regulation would add implanting electronic identification devices as a duty that may be performed by a veterinary technician or a non-certified employee. In addition, Act 167 of 2002 made terminology changes, changes to the continuing education provisions, and changes to the grounds for discipline of certified veterinary technicians. This regulation conforms the Board's regulations to Act 167 of 2002. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5, and Section 1 of Act 167 of 2002.	J. Robert Kline [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code Chapter 243, Section 243.3 (relating to optional alternate retirement programs)   4 Pa. Code Chapter 249, Section 249.58 (relating to optional alternate retirement plans).	Summer 2004	Revisions to Optional Alternate Retirement Program Regulations: 4 Pa. Code §§ 243.3 and 249.58--Amend to eliminate language that permits current members of SERS to withdraw from SERS to join an alternate retirement plan established under Act 2001-35.	M. Catherine Nolan [phone]   Sean Sanderson [phone]
STATE POLICE
Regulations to set forth procedures to be followed regarding the interception, maintenance, and destruction of recordings made pursuant to 18 Pa.C.S. §§ 5704(16), 5749 (Reg. 17-67).	The Department is currently working on a preliminary draft of the proposed regulations.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations.	Syndi L. Guido 717-772-0905
Regulations to effectuate the collection and testing of DNA from individuals convicted of specified offenses.	The Department is currently developing the regulations.	Act 57 of 2002 amended Title 42 of the Judicial Code to include Chapter 47, which establishes a DNA database and provides for the collection and testing of DNA samples from individuals convicted of specified offenses. The act is a recodification of a prior DNA act. The act requires the Department to promulgate regulations to effectuate the act.	Syndi L. Guido 717-772-0905
Updating the guidelines for the administration of Megan's Law and regulations regarding neighborhood notification of sexually violent predators' residence, school, or employer.	The regulations are in the drafting process.	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them.	Syndi L. Guido 717-772-0905
Regulations regarding police officers' use of unmarked vehicles (Reg. 17-65).	The proposed regulations have been approved by the Office of General Counsel and the Attorney General. They will be submitted to the LRB, standing committees, and IRRC, February 2004.	Act 75 of 2001 requires the State Police to promulgate regulations, in consultation with the Department of Transportation, for police officers' use of unmarked vehicles. The regulations must (1) establish the procedure an officer in an unmarked car must use when stopping a motorist; (2) require the use of audible and visual signals; and (3) establish requirements for wearing official police uniforms and display of official police identification	Syndi L. Guido 717-772-0905
Updating regulations implementing the Lethal Weapons Training Act.	The regulations are still in the drafting stage.	Pursuant to the Private Detectives Act, the State Police must promulgate regulations to implement the education and training program for certifying individuals in handling lethal weapons.	Syndi L. Guido 717-772-0905
Regulations to implement age compliance checks of liquor licensees (Reg. 17-64).	The proposed regulations have been submitted to the LRB, the standing committees, and IRRC	Act 141 of 2002 amended the Crimes Code to allow individuals between the age of 18 and 21 to purchase, possess, and transport alcoholic beverages if they are working under the direct supervision of an adult liquor control enforcement officer. The act requires the State Police to promulgate regulations prescribing the manner in which age compliance checks are performed. At a minimum, the regulations must require the underage individual to undergo approved training prior to participation in a compliance check.	Syndi L. Guido 717-772-0905
Regulations to authorize designation of certain vehicles used by special response teams of teams of the Department of Corrections as emergency vehicles for purposes of the Vehicle Code. (Reg. 17-66.)	These regulations have been submitted to the LRB, the standing committees, and IRRC	These regulations were proposed at the request of the Department of Corrections to enable special response teams to use vehicles equipped with red lights.	Syndi L. Guido 717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
177--Emission Inspection	10/03 Retain	Changes to the regulation to accommodate OBD testing and minor deficiencies were made and the regulations were published on November 22, 2003. The retention of these regulations is necessary to stay in compliance with the federal Clean Air Act Amendments and commitments made in the Commonwealth's State Implementation Plan.	Mike Rorick 717-787-5523
43--Temporary Registration Cards and Plates	05/03 Amend	Act 152 requires messengers and agents to be under contract and supercedes many parts of this regulation. The needed revisions have been identified and will be reviewed by the Advisory Committee formed by the statue. The formal revision process should begin in 3rd quarter 03-04. Chapter 43 regulates department agents regarding the issuance of temporary registration cards and plates. The requirement of agents and messengers to be under contract will cause major changes to this regulation.	Mike Rorick 717-787-5523
171--School Buses and School Vehicles	11/01 Amend	Completed. This regulation was published in the PA Bulletin, November 29, 2003. Updating to be more in line with Federal Regulations allowing white roofs to help cool buses. Other minor revisions. (Clarification of SB stopping arm language).	Mike Rorick 717-787-5523
175--Vehicle Equipment and Inspection	10/03 Amend	Vehicle Code revisions regarding changes to the hours of operation of inspection stations were made and interim procedures are in place to accommodate the change. Regulation changes needed to implement a settlement agreement (that resulted from 2 law suites) were drafted, published, passed and published in the PA Bulletin on November 29, 2003 as a final rule making. These changes enabled the Department to meet its December 1, 2003 implementation deadline. Changes to the regulation regarding hours of operation will be pursued in 2004. Section 4702 of the Vehicle Code requires the Department to establish a system of annual and semi-annual safety inspections. Chapter 175 prescribes the equipment and inspection criterion for vehicles subject to PA's safety inspection program. As a result of HB152 a subsequent amendment (in 2004) will focus on operating hours for inspection stations.	Mike Rorick 717-787-5523
163--Warning Devices	12/98 Retain	This regulation is recommended for full review in 2004. Section 4530 of the Vehicle Code charges the Department with promulgating regulation to prescribe needed lighting devices for motor vehicles designed to warn approaching traffic of the presence of a stopped vehicle.	Mike Rorick 717-787-5523
63--Proportional Registration of Fleet Vehicles	9/03 Amend	Amendments prepared and formal revision process for specific revision started 12/03. Revision in progress changes temporary authorization from 30 to 90 days to make consistent with other temporary registrations issued by the Department.	Mike Rorick 717-787-5523
71--School Bus Drivers	10/03 Retain	Completed. This regulation was published in the PA Bulletin, November 29, 2003. This regulation outlines the medical criteria for school bus drivers. Advances in medicine and medical technologies have allowed more individuals to become school bus drivers, and these regulations outline the medical requirements for licensing.	Mike Rorick 717-787-5523
83--Physical & Mental Criteria-- Including Vision Standards Relating to the Licensing of Drivers	10/03 Retain	In October, the Department responded to comments from the public and the IRRC. The next steps will be to work with the Office of Chief Counsel to put the regulation into final format, and then continue them through the promulgation process. It is anticipated that the regulations will be published as final by May 2004. These regulations allow physically challenged individuals the opportunity to learn to drive while being instructed by a certified driver education instructor in a vehicle that contains a brake for the instructors use.	Mike Rorick 717-787-5523
86--Occupational Limited License	11/03 Promulgate new regulations	Act 24 of 2003 now requires publication of regulations to require additional information if necessary from a petitioner seeking an occupational limited license. The Department plans to publish a proposed rulemaking in early 2004.	Mike Rorick 717-787-5523
88--Ignition Interlock	11/03 Issue Statement of Policy and promulgate new regulations	Act 24 of 2003 requires the Department to publish a Statement of Policy governing the use of ignition interlock systems in vehicles in accordance with the provisions of 75 Pa.C.S. § 3805. The Statement of Policy is to be published before February 1 and must be followed with regulations within one year.	Mike Rorick 717-787-5523
255--Messenger Services	05/03 Amend	Act 152 requires messengers and agents to be under contract and supercedes many parts of this regulation. The needed revisions have been identified and will be reviewed by the Advisory Committee formed by the statute. The formal revision process should begin in 3rd quarter 03-04. Chapter 255 regulates messenger services. The requirement of agents and messengers to be under contract will cause major changes to this regulation.	Mike Rorick 717-787-5523
441--Access to and Occupancy of Highways by Driveways & Local Roads	1/00 Amend	Complete--need to finalize details of proposed rulemaking. Proposed rulemaking submitted to the Office of Chief Counsel in 1/03. Update to better reflect current requirements	Art Breneman 717-787-3620
103--Vehicles Required to Stop at Railroad Crossings	1/00 Repeal	Complete--The request to rescind Chapter 103 was sent to the Office of Chief Counsel on 12/8/03. Section 3342 of the Vehicle Code requires a regulation but Chapters 229 and 231 already adopted federal regulations. This regulation will be repealed.	Art Breneman 717-787-3620
201--Engineering and Traffic Studies	12/98 Repeal	Complete--This chapter was published as proposed deletion on 4/19/03. This deletion is in the final rulemaking process. Section 6105 of the Vehicle Code requires a regulation, but this chapter will be partly eliminated since it duplicates Manual on Uniform Traffic Control Devices (MUTCD). Remaining required language will be placed in a new regulation, i.e., Chapter 212.	Art Breneman 717-787-3620
203--Work Zone Traffic Control	12/98 Repeal	Complete--This chapter was published as proposed deletion on 4/19/03. This deletion is in the final rulemaking process. Section 6123 of the Vehicle Code requires a regulation, but most of Chapter 203 is unnecessary when adopting MUTCD. Remaining required language will be placed in a new regulation, i.e., Chapter 212.	Art Breneman 717-787-3620
211--Official Traffic Control Devices	12/98 Repeal and Replace	Complete--This chapter was published as proposed deletion on 4/19/03. This deletion is in the final rulemaking process. Section 6121 of the Vehicle Code required a manual consistent with MUTCD. The size of the regulation will be drastically reduced. The new regulation will be called Chapter 212.	Art Breneman 717-787-3620
457--Pre-qualification of Bidders	10/00 Amend	Complete--CMD received the proposed changes from OCC in 11/02. CMD incorporated the changes recommended by OCC and returned the revisions to OCC to continue the promulgation process. 36 P. S. Section 670-404.1 ''Prequalification of Bidders'' mandates the Department to have regulations to establish and maintain a system for the qualification of competent and responsible bidders. Proposed changes are on hold.	Art Breneman 717-787-3620
449--Liquid Fuels Tax	05/03 Completed	This regulation was amended effective May 17, 2003. Regulation procedures for proper use of Liquid Fuel Funds needed to be updated.	Donna Chambers 717-783-2446

[Pa.B. Doc. No. 04-218. Filed for public inspection February 6, 2004, 9:00 a.m.]