227 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[39 Pa.B. 749]
[Saturday, February 7, 2009]

   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 26th publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

   This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed as follows (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 time.
AGING
Pa. Code Title VI Chapter 3 Fair Hearings and Appeals	December 2009, 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.	Denise Getgen [phone]
Pa. Code Title VI Chapter 11 Older Adult Daily Living Centers	September 2009, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of long-term care services.	Denise Getgen [phone]
Pa. Code Title VI Chapter 15 Protective Services for Older Adults	December 2009, 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.	Denise Getgen [phone]
Pa. Code Title VI Chapter 20 Family Caregiver Support Program	December 2009, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussion regarding development of the family caregiver support program.	Denise Getgen [phone]
Pa. Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 2009, 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.	Denise Getgen [phone]
Pa. Code Title VI Chapter 23 Long-Term Care Ombudsman Program	December 2009, as proposed.	The Department wishes to promulgate regulations for the Long-Term Care Ombudsman program in order to bring it into conformity with national standards.	Denise Getgen [phone]
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2, 3 and 16	June 2009, 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).	Craig E. Shultz, DVM [phone]
Cervidae 7 Pa. Code Chapter 18	June 2009, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations (3 Pa.C.S. §§ 2303--2380.9).	Craig E. Shultz, DVM [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 20a	June 2009, as proposed.	Act 211 of 2002 will require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement (3 PaC.S. §§ 2501--2504).	Dr. Craig Shultz, DVM [phone]
Amusement Rides 7 Pa. Code Chapter 139	Published as final at 38 Pa.B. 6843 (December 13, 2008)	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).	John Dillabaugh [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	May 2009, 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.	Cheryl Cook [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	May 2009, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173 including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Cheryl Cook [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	September 2009, 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]
Fertilizer Regulations 7 Pa. Code Chapter 73	February 2010, as proposed.	This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701--6725 (Fertilizer Act).	John Breitsman [phone]
Soil and Plant Amendment Regulations 7 Pa. Code Chapter 130a	February 2010, 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]
Clean and Green Regulations 7 Pa. Code Chapter 137b	July 2009, as proposed.	This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation.	Douglas Wolfgang [phone]
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	July 2009, as proposed.	This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulation.	Douglas Wolfgang [phone]
Seed Testing Labeling and Standards 7 Pa. Code Chapter 111	April 2009, as final.	This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
General Provisions for Seed Certification 7 Pa. Code Chapter 113	April 2009, as final.	This regulation will replace 7 Pa. Code Chapter 113 and implement the provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
Standards for Seed Certification 7 Pa. Code Chapter 115	April 2009, as final.	This regulation will replace 7 Pa. Code Chapter 115 and implement the provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
BANKING
Annual Assessment Regulation	Early 2010	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation defining proper conduct of the mortgage loan business	Promulgated on December 20, 2008.	7 Pa.C.S. § 6138(a)(4) and 7 P. S. § 6212	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing prelicensing education and testing and continuing education under 7 Pa.C.S. Ch. 61 (relating to mortgage loan industry licensing and consumer protection)	Mid 2009	Required pursuant to 7 Pa.C.S. § 6131(g)(3)	Robert C. Lopez Deputy Chief Counsel [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Film Production Tax Credit Program (Proposed Regulation)	Spring of 2009	The purpose of the proposed regulation is to implement the provisions of the Tax Reform Code of 1971 relating to Film Production Tax Credits.	Matthew Speicher [phone]
Industrialized Housing and Components 12 Pa. Code Chapter 145 (Proposed Regulation)	Spring of 2009	The purpose of the proposed regulation is to update the regulations to keep pace with changes in the housing industry.	Mark Conte [phone]
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code Chapter 411 Crime Victims Compensation	June 2009, as final.	This regulation is necessary to increase reimbursement to crime victims according to rising costs, expand eligibility for reimbursement, and simplify claims processing procedures, while reducing the percentage of reimbursement to hospitals and licensed health care providers to conform to the practice of other third party providers.	Lynn Shiner 265-8736
37 Pa. Code Chapter 431 Constables' Education and Training Board	April 2009, as proposed.	The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training.	John Pfau 265-8546
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	Publish proposed rulemaking March 2009	A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area Chapter 23 will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation and Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502).	Matt Beaver [phone]   or   Susan Wood, Esq. [phone]
State Forest Picnic Areas (Chapter 23)	Publish proposed rulemaking March 2009	The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation and Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502).	Matt Beaver [phone]   or   Susan Wood, Esq. [phone]
Conservation of Pennsylvania Native Wild Plants (Chapter 45)	Publish proposed rulemaking June 2009	Major purpose of rulemaking is to establish a more workable procedure for updating the classifications of native wild plants by removing the classifications from the regulatory process. The classifications would be established by publication in the Pennsylvania Bulletin. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313).	Chris Firestone [phone]   or   Susan Wood, Esq. [phone]
CORRECTIONS
Promulgation of County Transportation Guidelines	January, 2009	The guidelines are required by Act 81 of 2008, P. L. 1026, No. 81.	Randall N. Sears [phone]
Revisions to 37 Pa. Code Chapter 93	March 2009, as proposed.	The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions.	Timothy Holmes [phone]
Promulgation Recidivism Risk Reduction Incentive Guidelines	January, 2009	The guidelines are required by Act 81 of 2008 P. L. 1026, No. 81.	Randall N. Sears [phone]
Amendments to 37 Pa. Code § 94.4	March, 2009, as proposed.	The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates.	Theron Perez [phone]
EDUCATION
Higher Education-- Institutional Approval 22 Pa. Code Chapter 40	May 2009, as final.	These regulations establish procedures for the approval and operation of independent two-year college, college seminary or university or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees.	Jim Buckheit   or   Deborah Wynn [phone]
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapters A and C	Fall 2009, as final.	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, P. L. 30, No. 14, March 16, 1949, P. S. Section 1--101, et. seq.	John Tommasini [phone]
Academic Standards and Assessment 22 Pa. Code Chapter 4	November 2009, as final.	These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma.	Jim Buckheit [phone]   or   Diane Castelbuono [phone]
Higher Education--Program Approval 22 Pa. Code Chapter 42	March 2009, as final.	These regulations establish procedures for approval of specialized associate degree programs, upper division programs at two-year and community colleges, graduate programs and vocational education programs.	Jim Buckheit   or   Deborah Wynn [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63	Spring 2009, as proposed.	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.)	Linda Rhen [phone]   or   Parker Martin [phone]
Academic Standards and Assessment-- 22 Pa. Code Chapter 4--Appendix A--Academic standards for reading, writing, speaking and listening and mathematics	February 2009, as proposed.	Chapters 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on state academic standards. The standards for reading, writing, speaking and listening and mathematics were issued in January 1999. The Board, in accordance with Section 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and correcting the standards.	Jim Buckheit   or   Deborah Wynn [phone]
Regulations for Pennsylvania Pre-K Counts, Section 1511D, of Act 45, Amending the School Code	January/February 2009, as proposed, Final-Omitted Regulations	These regulations implement the guidelines, standards and procedures relevant to the Pennsylvania Pre-K Counts program providing early childhood educational opportunities to 3 and 4 year-olds by local educational agencies, child care centers and group child care homes, Head Start grantees and licensed nursery schools as final-omitted regulations.	Harriet Dichter [phone]   or   Linda Brown Warren [phone]
Higher Education--College and University Security 22 Pa. Code Chapter 33	March 2009, as proposed.	This chapter governs the responsibility of institutions of higher education to comply with the College and University Security Information Act. The chapter applies to independent institutions of higher education, community colleges, member institutions of the State System and State-related institutions.	Jim Buckheit   or   Deborah Wynn [phone]
Higher Education--Branch Campuses for State Supported Institutions 22 Pa. Code Chapter 34	March 2009, as proposed.	This chapter provides requirements and procedures for the establishment, discontinuance and transfer of a branch or campus of state supported institution of higher education in this Commonwealth.	Jim Buckheit   or   Deborah Wynn [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure	The Environmental Hearing Board published proposed rulemaking on November 8, 2008.	The rulemaking proposes to add new rules on the following topics: 1) default judgment; 2) withdrawal of appeals without prejudice; 3) prepayment of penalties; and 4) expedited litigation. The rulemaking also proposes revisions to existing rules, including summary judgment, discovery, participation in litigation by parties of interest, and filings and service. The Board is engaged in a pilot project before adopting a new rule on electronic discovery.	Maryanne Wesdock [phone]
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 77	FY 08-09	Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including, hydrologic data requirements and updates to permit application fees to support program activities.	Bill Allen [phone] [e-mail]
Remining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation & Reclamation Act 25 Pa. Code Chapters 86, 87 and 88	FY 08-09	Revisions to Chapter 86--88 to include remining financial guarantees proposal, and revisions to address program conditions that are currently inconsistent with Federal OSM rules, including self-bonding, decisions on incidental coal extraction, coal exploration on areas unsuitable for mining, impoundment design criteria, and disposal of noncoal waste and NPDES permit-by-rule for abandoned mine discharges.	Bill Allen [phone] [e-mail]
Water Supply Replacement Surface Mining Conservation & Reclamation Act 25 Pa. Code Chapters 87, 88	FY 08-09	Revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies.	Keith Brady [phone] [e-mail]
Mine Subsidence Insurance Fund General Provisions The Act of August 23, 1961 (P. L. 1068, No. 484), as amended, (52 P. S. §§ 3201--3225) (Act). 25 Pa. Code Chapter 401 *See note in Summary	FY 08-09	Revisions to Chapter 401 to expand Mine Subsidence Insurance (MSI) coverage to apply to appurtenances to structures as well as to structures, the removal of provisions that change periodically, such as premium rates and policy limits, so that they can be provided in the insurance policy, the explicit authority to provide grants, the option to compensate for the cost to repair or the diminution in market value (this option will allow an otherwise uninsurable to continue to carry coverage after a loss), and other editorial changes.   * Note:  Section 19 of the Act provides that the MSI Board has the authority to promulgate rules and regulations and to establish other provisions of the insurance policy as it deems prudent.	Larry Ruane [phone] [e-mail]
Mining Fees Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapters 77, 86, 210 and 211	FY 08-09	Increase permit application fees to support program activities.	Bill Allen [phone] [e-mail]
Areas Unsuitable for Surface Mining Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 86	FY 08-09	Amendments to 25 Pa. Code Section 86.130 to add subsection (b)(18) to designate the Lower Kittanning, Clarion, Brookville and Mercer coals within the upper portion of the Muddy Run watershed, Reade Township, Cambria County, as unsuitable for surface mining operations. The regulation is the result of a comprehensive technical evaluation conducted in response to a petition submitted to the EQB by the Reade Township Municipal Authority, which requested that an area within the Muddy Run drainage be designated as unsuitable for surface mining operations.	Geoff Lincoln [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78	FY 08-09	Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to bond amount and plugging procedures to attain a more effective seal; quantity and quality for replacement water supplies as well as adequate operation and maintenance; and alternate requirements for casing, cementing and plugging wells through mineable coal seams to facilitate future mining through the wells or recovery of coal bed methane prior to mining.	Ron Gilius [phone] [e-mail]
Oil & Gas Well Permit Fees Oil and Gas Act 25 Pa. Code Chapter 78	FY 08-09	Amendments to Chapter 78 (Oil and Gas Wells) to increase the fees imposed for oil and gas well permits. The fee increases are based on the depth and length of the well bore.	Ron Gilius [phone] [e-mail]
Marcellus Shale Well Permit Fees Oil and Gas Act 25 Pa. Code Chapter 78	FY 08-09	Amendments to Chapter 78 (Oil and Gas) to increase permit fees relative to the development of Marcellus Shale gas wells in Pennsylvania. The rulemaking adds Section 78.19 to include a Marcellus Shale base permit fee of $900 with an additional $100 per 500 feet of well bore drilled passed 1,500 feet.	Ron Gilius [phone] [e-mail]
Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code Chapter 85	FY 08-09	This proposal will update Chapter 85 based on the bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County.	Andrew Zemba [phone] [e-mail]
Administration of Sewage Facilities Planning Program Pennsylvania Sewage Facilities Act 25 Pa. Code Chapter 71	FY 08-09	Comprehensive reorganization and revision to replace Chapter 71 with Chapter 71a. Major revisions include: 1) the inclusion of a requirement for municipalities to review and determine adequacy of their Act 537 Official Plan at least every 10 years; 2) change in DEP process relating to plan review time frames; and 3) new planning requirements in special protection watersheds.	John Diehl [phone] [e-mail]
Administration of Sewage Facilities Permitting Program Pennsylvania Sewage Facilities Act 25 Pa. Code Chapter 72	FY 08-09	Comprehensive reorganization and revision to replace Chapter 72 with Chapter 72a. Major revisions include a change to the permitting structure to include classifications of Major, Minor and Emergency Permits; and a new requirement for municipalities to certify that they have the ability to assure Operation & Maintenance oversight for onlot systems.	John Diehl [phone] [e-mail]
Standards for Sewage Disposal Facilities Pennsylvania Sewage Facilities Act 25 Pa. Code Chapter 73	FY 08-09	Comprehensive reorganization and revision to replace Chapter 73 with Chapter 73a. Major revisions include outlining new site suitability standards for system approval; and recognizing various levels of treatment characterized as primary, secondary, advanced, and nutrient removal. Additionally, design standards are being restructured from system based to component based which will allow increased system design flexibility to meet limiting site factors.	John Diehl [phone] [e-mail]
General Provisions Amendments Clean Streams Law 25 Pa. Code Chapter 91, General Provisions	FY 08-09	This proposal will include amendments to Chapter 91 to require a management plan as part of the permit application, and clarify issuance of innovative technology permits for wastewater treatment facilities. The proposal will also include revisions to account for changes to CAFO regulations.	Kevin McLeary [phone] [e-mail]
National Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES Clean Water Act Clean Streams Law 25 Pa. Code Chapter 92	FY 08-09	Comprehensive reorganization and revision to replace Chapter 92 with Chapter 92a, organized similarly to 40 CFR 122. Major revisions include provisions for a new fee structure and permit-by-rule for Single Residence STPs.	Tom Starosta [phone] [e-mail]
Clark Creek, et al Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 08-09	This proposal identifies six streams UNT Lackawanna River (Clark Creek) (Wayne County), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), Hammer Creek, (Lebanon and Lancaster Counties), Spring Mill Creek (Montgomery County), and Cacoosing (Berks County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister [phone] [e-mail]
Blue Eye Run, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 08-09	This proposal identifies seven stream segments Blue Eye Run (Warren County), E. Br. Dyberry Creek (Wayne County), East Hickory Creek (Warren County), Muncy Creek (Sullivan County), Spruce Run (Union County), UNT Tunkhannock Creek (Susquehanna County) and Young Womans Creek (Clinton County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister [phone] [e-mail]
Triennial Review of Water Quality Standards Clean Streams Law 25 Pa. Code Chapter 93 Water Quality Standards and Chapter 16 Water Quality Toxics Management Strategy--Statement of Policy	FY 08-09	This review identifies amendments to the Water Quality Standards and the Water Quality Toxics Management Strategy--Statement of Policy. Water Quality Criteria and Standards in Chapters 93 and 16 are revised to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. These amendments will also merge portions of Chapter 16 into the regulations in Chapter 93.	Tom Barron [phone] [e-mail]
Municipal Wasteload Management Amendments Clean Streams Law 25 Pa. Code Chapter 94 Municipal Wasteload Management	FY 08-09	Comprehensive review and revisions to Chapter 94. Major changes under consideration include eliminating the ''maximum monthly average daily flow'' parameter.	Kevin McLeary [phone] [e-mail]
Water Quality Standards Implementation Clean Streams Law 25 Pa. Code Chapter 96	FY 08-09	Redress known sources of impairment. Plan for TMDL and Watershed--Based Permitting. Provide for regulatory coverage of existing policies and practices.	Tom Starosta [phone] [e-mail]
Public Notification Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	Amendments to several sections in Chapter 109 to strengthen the public notification (PN) requirements for imminent threat situations. Will include enhancements to the pre-planning requirements in the Operation and Maintenance Plan and Emergency Response Plan sections, and revisions to the Tier 1 PN delivery requirements.	Lisa Daniels [phone] [e-mail]
Stage 2 Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	This rule will implement the requirements of the Federal Stage 2 DDBR that was effective March 6, 2006. The rule will require community water systems and noncommunity water systems, which treat drinking water with a primary disinfectant other than UV to conduct additional compliance monitoring for trihalomethanes and haloacetic acids.	Kevin McLeary [phone] [e-mail]
Long-Term 2 Enhanced Surface Water Treatment Rule Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	This rulemaking will amend the Department's Safe Drinking Water regulations to further protect public health against Cryptosporidium and other microbial pathogens in drinking water. The proposed amendments will apply to public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water.	Ed Chescattie [phone] [e-mail]
Chapter 109 General Update Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and reporting requirements for lead, copper, arsenic, radionuclides inorganic chemicals, volatile synthetic organic chemicals and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; reporting requirements for failure to monitor; and compliance determinations for the chemical contaminates. The update also will include mandatory electronic data reporting requirements.	Lisa Daniels [phone] [e-mail]
Operator Certification Program Water and Wastewater Systems Operators' Certification Act 25 Pa. Code Chapter 302	FY 08-09	These regulations formalize requirements for certification of drinking water and wastewater system operators.	Veronica Kasi [phone] [e-mail]
Lead and Copper Short-Term Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	Amendments to incorporate the Federal lead and copper short term revisions into Chapter 109. This Rule will strengthen the implementation of the LCR in the following areas: monitoring, treatment processes, public education, customer awareness, and lead service line replacement.	Lisa Daniels [phone] [e-mail]
Drinking Water Fees Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	Amendments to update drinking water program fees.	Kevin McLeary [phone] [e-mail]
Microbial Pathogens in Groundwater Rule and Variance and Exemptions Minor Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	This rulemaking will incorporate the Environmental Protection Agency's Final Ground Water Rule, which was promulgated on November 8, 2006, to provide for increased protection against microbial pathogens in public water systems that use ground water sources. It will also incorporate some minor variance and exemptions revisions to be consistent with Federal regulations.	Kevin McLeary [phone] [e-mail]
Erosion and Sediment Control and Stormwater Management Clean Streams Law 25 Pa. Code Chapter 102	FY 08-09	Several major modifications /revisions include: addition of provisions from Chapter 92 that relate to NPDES permitting requirements for discharges associated with construction activity; incorporate post construction stormwater management; incorporate buffer provisions; and revise permit requirements by adding a Permit-by-Rule option.	Barbara Beshore [phone] [e-mail]
Dam Safety and Waterways Management Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code Chapter 105	FY 08-09	Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment and wetland replacement criteria.	Sidney Freyermuth [phone] [e-mail]
Control of Nitrogen Oxide (NOx) Emissions from Glass Furnaces Air Pollution Control Act 25 Pa. Code Chapters 121 and 129	FY 08-09	The final-form rulemaking would establish nitrogen oxide (NOx) emission control requirements, emission standards and emission limitations for glass melting furnaces during the ozone season (May 1 through September 30) and related administrative requirements for glass melting furnaces. Adoption of NOx emission limits for glass melting furnaces is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region, to reduce transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. In addition, the strategy will also provide NOx emission reductions necessary to reduce the formation of fine particulates and regional haze.	Jane Mahinske [phone] [e-mail]
Control of Nitrogen Oxide (NOx) Emissions from Cement Kilns Air Pollution Control Act 25 Pa. Code Chapters 121, 129 and 145	FY 08-09	The final-form rulemaking would revise existing NOx emission limits for cement kilns by establishing allowable NOx emission limits for certain types of cement kilns. The proposed rulemaking amendments to Chapter 129 have been deleted and in the final-form rulemaking are incorporated into Chapter 145, Subchapter C to amend the existing cement kilns regulation. The final-form rulemaking includes several compliance demonstration options including compliance on a kiln-by-kiln, facility-wide or system-wide basis among Portland cement kilns under the common control of the same owner or operator in this Commonwealth. Adoption of NOx emission limits for cement kilns is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce the transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Department will also make progress in achieving and maintaining the fine particulates NAAQS.	Jane Mahinske [phone] [e-mail]
Adhesives and Sealants Air Pollution Control Act 25 Pa. Code Chapters 129 and 130	FY 08-09	The proposed rulemaking would adopt volatile organic compound content limits for 37 categories of adhesives, adhesive primers, sealants, sealant primers and adhesives applied to certain substrates. The proposed rulemaking would also add requirements for the control of emissions from the use or application of adhesives, sealants and primers by the owners or operators of stationary sources. This proposed rulemaking would be consistent with regulatory initiatives recommended by the Ozone Transport Commission to address regional transport of ozone precursor emissions.	Martin Felion [phone] [e-mail]
Air Quality Plan Approval and Operating Permit Fees Air Pollution Control Act 25 Pa. Code Chapters 127 and 139	FY 08-09	The proposed rulemaking will amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking also adds a new section to address fees for risk assessment applications. The proposed rulemaking will amend the existing emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking will also establish a fee schedule in new Subchapter D of Chapter 139 (relating to testing, auditing and monitoring fees), to add new categories of fees to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS).	Dean Van Orden [phone] [e-mail]
Nonattainment New Source Review Particulate Matter 2.5 (NNSR PM2.5) Air Pollution Control Act 25 Pa. Code Chapters 121 and 127	FY 08-09	The proposed rulemaking would amend the existing nonattainment new source review (NSR) requirements in 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), §§ 127.201--127.218, to incorporate recently promulgated Federal requirements for particulate matter equal to and less than 2.5 micrometers in diameter (PM2.5) and PM2.5 precursors. The proposed amendments would limit the emissions of PM2.5 and PM2.5 precursors for new major sources or major sources being modified in certain counties and portions of counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. The Federal regulation requires a state with PM2.5 nonattainment areas to submit revised nonattainment NSR PM2.5 requirements to the U.S. Environmental Protection Agency (EPA) for State Implementation Plan (SIP) approval within three years of publication of the final rule. Therefore, the Commonwealth needs to amend its NSR regulations and submit a SIP revision to the EPA by May 16, 2011.	Virendra Trivedi [phone] [e-mail]
Underground Storage Tank Operator Training Requirements Storage Tank and Spill Prevention Act 25 Pa. Code Chapter 245	FY 08-09	Revisions to Chapter 245 to provide for training requirements for three distinct classes of underground storage tank system operators. The proposal will include a description of the classes of operators, required training for each class of operator, deadlines when operator training is required, and acceptable forms of training. The Federal Energy Policy Act of 2005 required EPA to publish operator training guidelines by August 8, 2007. States receiving Federal funding under Subtitle I of RCRA must develop state-specific operator training requirements consistent with the EPA guidelines by August 8, 2009.	Ray Powers [phone] [e-mail]
Municipal and Residual Waste Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code Chapters 271--285 and 287--299	FY 08-09	These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002.	Kim Hoover [phone] [e-mail]
Administration of the Land Recycling Program (Act 2) Land Recycling and Environmental Remediation Standards Act 25 Pa. Code Chapter 250	FY 08-09	Revisions to Chapter 250 (Administration of the Land Recycling Program). This proposal includes a number of miscellaneous revisions to the regulations and an update of the Statewide Health Standards Tables based on new toxicological information.	Dave Crownover [phone] [e-mail]
Administration of the Uniform Environmental Covenant Act Uniform Environmental Covenant Act 25 Pa. Code Chapter ______(TBD)	FY 08-09	This rulemaking will establish regulations for the implementation of the Uniform Environmental Covenant Act.	Troy Conrad [phone] [e-mail]
Environmental Laboratory Accreditation Environmental Laboratory Accreditation Act (Act 90 of 2002) (27 Pa.C.S. §§ 4101 et seq.) 25 Pa. Code Chapter 252	FY 08-09	This rulemaking will include a number of amendments to clarify several provisions of the existing regulations in Chapter 252, including the fee structure, definitions, accreditation by rule parameters, and NELAP equivalency.	Aaren Shaffer Alger [phone] [e-mail]

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GENERAL SERVICES
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 and 47	Summer 2009, as proposed.	These regulations will be updated to reflect current agency practice and procedure.	Mary Benefield Seiverling [phone]
Responsibility 4 Pa. Code Chapter 60	Summer 2009, as proposed.	This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Mary Benefield Seiverling [phone]
Committee on Construction Contract Documents 4 Pa. Code Chapter 62	Winter 2009, as final omitted.	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Mary Benefield Seiverling [phone]
Selections Committee 4 Pa. Code Chapter 64	Spring 2009, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Mary Benefield Seiverling [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67	Spring 2009, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Mary Benefield Seiverling [phone]
Contract Compliance 4 Pa. Code Chapter 68, Subchapter A, Prequalification of Vendors and Non-construction Contractors	Winter 2009, as final omitted.	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Mary Benefield Seiverling [phone]
Methods of Awarding Contracts 4 Pa. Code Chapter 69	Winter 2009, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Mary Benefield Seiverling [phone]
Commonwealth Parking Facilities 4 Pa. Code Chapter 71	Withdrawn Fall 2008, Resubmit Spring 2009, as final omitted.	The regulations do not reflect changes to agency procedure and practice and the continuing changes to the Capitol Complex.	Mary Benefield Seiverling [phone]
Commonwealth Automotive Fleet 4 Pa. Code Chapters 39 and 73	Summer 2009, as final omitted.	These regulations need to be reviewed and updated to reflect current practice.	Mary Benefield Seiverling [phone]
Exercise of First Amendment Rights on Commonwealth Property 4 Pa. Code Chapter 85	Spring 2009, as final omitted.	The regulation will be rewritten to reflect the current organizational structure and to conform to changes which will be made to the Statement of Policy in Chapter 86.	Mary Benefield Seiverling [phone]
Use of the Forum 4 Pa. Code Chapter 87	Winter 2009, as final omitted.	The regulations will be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure.	Mary Benefield Seiverling [phone]
State Metrology Laboratory Fee Schedule 70 Pa. Code 110.2	Spring 2009, as proposed.	The fee schedule will be updated.	Mary Benefield Seiverling [phone]
HEALTH
Health Facility Licensure--General Administrative Chapter and General and Special Hospitals 28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.	March 2009, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	Barbara Holland [phone]   or   James T. Steele [phone]
Communicable Diseases 28 Pa. Code § 27.1 et seq.	January 2009, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation and revise language pertaining to reportable diseases. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Regulations are currently being distributed internally for review.	Jalene Kolb [phone]
Supplemental Nutrition Program for Women, Infant's and Children (WIC) 28 Pa. Code § 1101.1 et seq.	May 2009, as final.	The amendments to existing regulations will bring the Commonwealth into compliance with the requirements of the Federal Child Nutrition and WIC Reauthorization Act of 2004. Pursuant to the Child Nutrition and WIC Reauthorization Act of 2004, Pub. L. No. 108-265, § 203, 118 Stat. 729, 771--780. See, 42 U.S.C. § 1786.	Douglas Snyder [phone]
School Immunization Requirements 28 Pa. Code §§ 23.83 and 23.86	January 2009, as final.	The amendments to existing regulations will revise immunization requirements for school entry and attendance, add a grace period for the provision of vaccinations in order for them to be considered valid, and change school reporting requirements to require reporting of doses of vaccine given. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; the Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949 (24 P. S. § 13-1303a).	Yvette M. Kostelac [phone]
Drug and Alcohol confidentiality, disclosure of client-oriented information 4 Pa. Code § 255.5(a) (in part) and (b).	January 2009, as final.	The amendment of existing regulations will rescind and amend parts of 4 Pa. Code § 255.5(a) and 4 Pa. Code § 255.5(b), relating to disclosure of information and restrictions on the type of information which can be disclosed to various individuals and entities. Pursuant to 71 P. S. §§ 751--25 and 1690-101 et seq.	Keith B. Fickel [phone]
Health Facility Licensure Home Care Agencies and Home Care Registries 28 Pa. Code Chapter 611	July 2008, as final.	These new regulations are being promulgated pursuant to Section 803 (10) of the Health Care Facilities Act, Act of July 19, 1979 (P. L. 130, No. 48), as amended, 35 P. S. § 448.803(1), and Act 2006-69 at § 809.1. Act 69 of 2006 expressly authorized the Department to set licensure standards for home care agencies and home care registries. Home care agencies employ direct care workers and home care registries refer direct care workers who are independent contractors to provide home care services to individual in their home or other independent living environment. Home care services include assistance with activities of daily living and instrumental activities of daily living, companionship, respite care and other non-medical services. The regulations were published as proposed on August 11, 2007. Final regulations have been prepared and are with the Governor's Budget, Policy and Legal Office for review and approval.	Karin Simpson [phone]
Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders 28 Pa. Code Chapter 719	March 2009, as proposed.	These new regulations would be promulgated, simultaneously with identical regulations from the Department of Public Welfare, to permit providers of drug & alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031, and 1051--1059), as transferred to the Department under Reorganization Plan No. 2 of 1977 (71 P. S. § 751-25) and Reorganization Plan No. 4 (71 P. S. § 751-31), and the Drug and Alcohol Abuse Control Act (71 P. S. §§ 1690.101--1690.114).	Robert T. Datorre [phone]
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7), 963.13(b) 2, 963.13(c), 963.14(a), 963.15(a), 963(15) (c), 25 Pa. Code § 965.4(9), and 25 Pa. Code § 965.7.	Winter 2008	PENNVEST recommends the following revisions: (1)  Delete 25 Pa. Code § 963.12(a)(6) in its entirety and the second sentence of 25 Pa. Code § 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. (2)  Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. (3)  Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month. (4)  Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary. (5)  Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (6)  Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (7)  Amend 25 Pa. Code § 965.4(9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (8)  Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million.	Shawn W. Weis [phone]
INSURANCE
Continuing Education for Insurance Agents and Brokers 39, §§ 39.1--39.12	Spring 2009, 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. This regulation will be updated to reflect education and training of producers.	Peter J. Salvatore, Regulatory Coordinator [phone]
Property and Casualty Actuarial Opinion 31 Pa. Code, §§ 118a.1--118a.7 (NEW)	Spring/Summer 2009, as proposed.	New regulation to require property & casualty insurers to annually submit an Actuarial Opinion Summary of the Actuarial Report on loss and loss adjustment expense reserves, including information on the opining actuary's best estimate and/or range of reasonable estimates.	Peter J. Salvatore, Regulatory Coordinator [phone]
Annual Audited Insurers' Financial Report Regulation 31 Pa. Code Chapter 147, §§ 147.1--147.15	Winter/Spring 2009, as proposed.	To amend Chapter 147, commonly referred to as the ''CPA Audit Rule'' in accordance with the revised NAIC model was developed as a result of the NAIC's review of the Sarbanes-Oxley Act of 2002, also known as the Public Company Accounting Reform and Investor Protection Act of 2002, or ''SOX.''	Peter J. Salvatore, Regulatory Coordinator [phone]
Military Sales Model Regulation, Regulation 11-241.	Spring 2009, as final.	To adopt the NAIC model in response to Congress' direction in Section 9 of the Military Personnel Financial Services Protection Act	Peter J. Salvatore Regulatory Coordinator [phone]
Medicare Supplement Model Regulation Amendments 31 Pa. Code Chapter 89, §§ 89.772--89.791	Winter/Spring 2009, as final.	Amend regulation in accordance with revised NAIC model regulation, which includes major changes to Medigap plans and benefits approved by the NAIC in March 2007 and authorized by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA); also contains changes required by the Genetic Information Nondiscrimination Act of 2008 (GINA).	Peter J. Salvatore Regulatory Coordinator [phone]
Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities 31 Pa. Code, NEW Chapter	Spring 2009, as proposed.	Adopt new NAIC model regulation re: the use of senior-specific certifications and professional designations in connection with an offer, sale or purchase of life insurance or an annuity to seniors or the provision of advice to seniors in connection with an offer, sale or purchase of life insurance or annuities.	Peter J. Salvatore Regulatory Coordinator [phone]
Autism Review Process 31 Pa. Code Chapter 168, New Chapter	Spring/Summer 2009, as proposed.	Act 62 of 2008 provides for regulations to implement and administer a review process for denials under the autism mandate, which takes effect July 1, 2009.	Peter J. Salvatore Regulatory Coordinator [phone]
LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Fall 2009.	Adopt the triennial edition of the ICC codes with exclusions directed by the UCC Advisory Council and update existing regulations.	Edward Leister [phone]
Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Winter 2009.	Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards.	Edward Leister [phone]
Storage and Use of Flammable and Combustible Liquids, Title 37, Part I Chap. 13, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Fall 2009.	Update existing regulations promulgated by the State Police.	Jack Davenport [phone]
Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services	Submit proposed rulemaking in Winter 2009.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	David DeNotaris [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services	Submit proposed rulemaking in Winter 2009.	Update Unemployment Compensation tax and select benefit regulations.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits	Submit proposed rulemaking in Winter 2009.	Update requirements and procedures for filing benefit claims and applications.	Jeri Morris [phone]
Bureau of Workers' Compensation Title 34, Chapter 127, Medical Cost Containment	Submit revised proposed rulemaking Summer 2009.	Update processes governing medical care and costs under the Workers' Compensation Act.	John T. Kupchinsky [phone]
Bureau of Workers' Compensation Title 34, Chapter 125A, Self-Insurance	Submit proposed rulemaking in Spring 2009.	Clarify standards and security requirements for individual self-insured employees.	George Knehr [phone]
Bureau of Workers' Compensation Title 34, Chapter 131	Submit final rulemaking in Summer 2009.	Update procedures for proceedings before workers' compensation judges and incorporating Act 147 of 2006.	Elizabeth A. Crum [phone]
Workers' Compensation Appeal Board, Title 34, Chapter 111	Submit proposed rulemaking in Summer 2009.	Update procedures for Workers' Compensation Appeal Board.	Susan McDermott [phone]
Bureau of Mediation, Title 34	Submit proposed rulemaking in Fall 2009.	Specify procedures and process for Bureau mediators.	William D. Gross [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage	Submit proposed rulemaking in Fall 2009.	Update provisions and rescind expired Food-Service Employee Incentive Program.	James A. Holzman [phone]
Bureau of Labor Law Compliance, Title 34 Prohibition of Excessive Overtime in Health Care Act	Submit proposed rulemaking in Fall 2009.	Regulations to implement this law.	James A. Holzman [phone]
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes 43 Pa. Code Section 7.1 et. seq.	October 2008 as proposed.	This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Dennis T. Guise [phone]
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 204	Final regulations, June 2009.	Act 79 of 2005 requires the Commission to promulgate regulations to implement the Retired Law Enforcement Identification Act.	Syndi L. Guido [phone]
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5(13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''	The regulation was submitted to IRRC in the fall of 2008; however, the standing committees did not have time to complete their review prior to sine die. They must be resubmitted to the committees and the IRRC.	Final regulations are ready to be resubmitted once notified by IRRC that the standing committees have been reconstituted.	Todd Burns [phone] Ext. 389
The Parole Act 61 P. S. § 331.21(b) requires the Board to establish rules and regulations for the payment of fees for screening tests for controlled substances.	The draft regulation is expected published in late Fall 2009.	The Board is working on the draft regulation to be submitted for review in Summer 2009 by OGC.	Daniel Hazelett [phone] Ext. 427
Revision to 37 Pa. Code § 63.1 ''Granting of Parole''	Being developed internally in Q1 and Q2 of CY 2009.	The Board is working on the draft regulation to be submitted for review in Summer 2009 by OGC.	Cynthia Daub [phone]
Revision to 37 Pa. Code § 71.4 ''Conviction of a New Criminal Offense''	Being developed internally in Q1 and Q2 of CY 2009.	The Board is working on the draft regulation to be submitted for review in Summer 2009 by OGC.	Victoria Madden [phone]
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	December 2009, as proposed.	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the Federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children.	Ruth O'Brien [phone]
Administration and Operation of a Children and Youth Social Services Agency 55 Pa. Code Chapter 3680	April 2010, as proposed.	This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children and preserving connections with family and community for children placed out of the home.	Ruth O'Brien [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	February 2009, 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 108	August 2009, as final-form.	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]
Medical Assistance Changes (MAC) 55 Pa. Code Chapters 133, 140, 141, 178 and 181	May 2009, 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 1996 (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]
Payment for Burial and Cremation 55 Pa. Code Chapters 283, 285	April 2009 as final-form as proposed.	The proposed rulemaking increases the maximum payment to funeral directors for burial or cremation services to a standard $750 for all eligible individuals. This rulemaking also increases maximum level of contributions that may be made by another agency or individual towards burial expenses without reducing the Department payment. This amount is increased from $180 to $750. Additionally, this proposed rulemaking eliminates several restrictive requirements for burial, thus allowing families and funeral directors more flexibility and choice in planning and selecting burial goods and services.	Ruth O'Brien [phone]
Revisions to Special Allowances for Supportive Services 55 Pa. Code Chapter 165	March 2009 as proposed.	The purpose of this proposed regulation is to ensure adequate and consistent availability and distribution of special allowances. These special allowances are for supportive services to recipients of cash assistance who are engaged or intend to engage in employment and training activities approved by the Department.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (TANF Reauthorization) 55 Pa. Code Chapter 165	April 2009 as proposed.	The purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (Long-Term Care Eligibility Requirements) 55 Pa. Code Chapter 178	April 2009 as proposed.	This regulation incorporates changes to the eligibility requirements for payment of Long-Term Care (LTC) services identified in the Deficit Reduction Act of 2005. Major changes include revisions to the determination of periods of ineligibility for payment of LTC services due to transfers of assets for less than fair market value (FMV), a new eligibility criterion regarding an individual's equity value in his/her home, revision to the spousal impoverishment procedures regarding resource eligibility of a married individual, and implementation of a formal undue hardship process for those individuals denied eligibility for payment of LTC services due to a transfer of assets for less than FMV or because of substantial home equity.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (Citizenship and Identity requirements for Medicaid) 55 Pa. Code Chapters 125, 141, 150 and 201	May 2009, as proposed.	The purpose of this regulation is to incorporate revised policies relating to citizenship and identity mandated by the Federal Deficit Reduction Act of 2005 for individuals who are applying and being reviewed for continuing Medicaid.	Ruth O'Brien [phone]
Medical Assistance for Workers with Disabilities (MAWD) 55 Pa. Code Chapter 140	March 2009 as proposed.	The purpose of this proposed rulemaking is to make categorically needy Medical Assistance available to individuals with disabilities who are at least 16 years of age or older but under 65 years of age, and who meet established income, resource and work related requirements. Title II of the Ticket to Work and Work Incentives Act of 1999 amended § 1902(a)(10)(A)(ii)(XV) and (XVI) of the Social Security Act and expanded the options for states to provide health care coverage to the individuals working with a disability.	Ruth O'Brien [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chapters 1101, 1121, 1123, 1147 and 1241	July 2009, as proposed.	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	July 2009, as proposed.	This regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act 89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
OMNIBUS Pharmacy 55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225 and 1243	July 2009, as final-omitted.	This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation was reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Physician Assistant/Midwife 55 Pa. Code Chapter 1141	April 2009, 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 2009, 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 2009, as proposed.	This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chapters 1101, 1141, 1150 and 1221	June 2009, as proposed.	This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Definition of Medically Necessary 55 Pa. Code Chapter 1101	June 2009, 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 2009, 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 2009, 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]
Civil Rights Requirements for Nursing Facilities 55 Pa. Code Chapter 1187	August 2009, as proposed.	This regulation will require nursing facilities to request and maintain a file of civil rights compliance information on each applicant. Through review of the civil rights information, the Department may better ensure that the MA program is operated in conformity with applicable laws that prohibit discrimination on race, color, national origin and disability.	Ruth O'Brien [phone]
Assisted Living Residence 55 Pa. Code Chapter 2800	August 2009 as final-form.	This rulemaking will provide a system of licensure and regulation of assisted living residences to ensure accountability and a balance of availability between institutional and home- and community-based long-term care. This will help Pennsylvanians to age in place, maintain their independence and exercise decision making and personal choice.	Ruth O'Brien [phone]
Phase-Out of County Costs in Rate Setting and Phase-In of Minimum Occupancy Requirements for Bed Hold Payments 55 Pa. Code Chapters 1187 and 1189	June 2009, as proposed.	Act 44 of 2008 requires the Department to promulgate regulations that create minimum occupancy requirements for nursing facility bed hold payments and phases out the use of county nursing facility costs in the establishment of peer group prices for nonpublic nursing facility rates.	Ruth O'Brien [phone]
Participation Review Process 55 Pa. Code Chapter 1187	June 2009, as proposed.	Act 16 of 2007 requires the Department to promulgate regulations that establish the process and criteria to be used to review and respond to requests for increases in Medical Assistance certified nursing facility beds.	Ruth O'Brien [phone]
Medical Assistance Copayment Changes 55 Pa. Code Chapter 1101	March 2009, as final-omitted.	This regulation will codify new MA copayment exclusions mandated by the Federal Deficit Reduction Act (DRA) of 2005, and reduce the copayment for brand name drugs identified as preferred on the Department's Preferred Drug List (PDL) as authorized under the DRA. This regulation will be reviewed by the Medical Assistance Advisory Committee (MAAC).	Ruth O'Brien [phone]
Third Party Liability Programs 55 Pa. Code Chapter 259	October 2009, as proposed.	Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to ensure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language.	Ruth O'Brien [phone]
Medical Assistance Estate Recovery Changes 55 Pa. Code Chapter 258	April 2009, as proposed.	This regulation will incorporate additions and changes to the estate recovery program regulation that was codified in February 2003. The changes reflect modification and additions identified since implementation. These include additional and clarified definitions; inclusion of language regarding the Long-Term Care Partnership; modification of the Department's priority of claim based on a change to 20 Pa.C.S. § 3392 relating to classification and order of payment; and clarifications regarding undue hardship waivers, postponement of collection and computation of claim.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers 55 Pa. Code Chapter 5260	June 2009, as proposed.	This proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents.	Ruth O'Brien [phone]
Residential Treatment Facilities (RTF) for Mental Health Services 55 Pa. Code Chapters 31, 1157 and 1165	March 2009, 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 (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department.	Ruth O'Brien [phone]
Outpatient Drug and Alcohol Clinic Services 55 Pa. Code Chapter 1223	July 2009, as proposed.	This proposed regulation is needed to maintain consistency with the Department of Health licensing definitions and align these regulations with current Federal and State licensing requirements, as well as, current treatment trends.	Ruth O'Brien [phone]
Integrated Treatment for Outpatient Clinics (formerly referred to as ''Psychiatric Outpatient Clinics'') 55 Pa. Code Chapter 5200	July 2009, as proposed.	These regulations would be promulgated, simultaneously with identical regulations from the Department of Health, to permit providers of drug and alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031, and 1051--1059).	Ruth O'Brien [phone]
Intermediate Care Facilities for the Mentally Retarded 55 Pa. Code Chapter 6650	November 2009, as proposed.	This regulation applies to private and public residential facilities receiving moneys for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, restraints, incident management, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log.	Ruth O'Brien [phone]
Regulatory Revisions: Adult Training Facilities; Vocational Facilities; Community Homes for Individuals with Mental Retardation; Family Living Homes 55 Pa. Code Chapters 2380, 2390, 6400 and 6500	November 2010 as proposed.	The regulatory revisions will establish consistent new business practices for providers to ensure they meet the necessary health and safety needs of the individuals they serve. The regulatory revisions will also increase consistency across services and providers per Federal requirements.	Ruth O'Brien [phone]
Individual Support Plans 55 Pa. Code Chapters 2380, 2390, 6400 and, 6500	May 2009, as final-form.	This proposed rulemaking will amend the current Individual Program Plan/Individual Written Program Plan regulations to reflect current practices and requirements related to Individual Support Plans.	Ruth O'Brien [phone]
REVENUE
Support Offset and Other Personal Income Tax Provisions	July, 2009, as proposed.	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson [phone]
Amendments to Chapter 117. Return and Payment of Tax	July, 2009, as proposed.	The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements.	Douglas Berguson [phone]
Pennsylvania Subchapter S Corporations --Election Language 61 Pa. Code Chapter 107a	December, 2009, as proposed.	The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal Income Tax.	Douglas Berguson [phone]
Corporate Net Income Tax 61 Pa. Code, §§ 151.14, 153.54, and 153.66--Amended Report	February, 2009, as proposed.	The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced.	Douglas Berguson [phone]
Amendments to 61 Pa. Code Chapters 73 and 74 Malt Beverage Tax	May, 2009, as final.	The amendments to Chapters 73 and 74 codify legislative changes relating to the Malt Beverage Tax that were set forth in Act 46 of 2003.	Douglas Berguson [phone]
Pennsylvania Sales and Use Tax Amendments to 61 Pa. Code § 53.1 Clothing	February, 2009, as proposed.	The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples.	Douglas Berguson [phone]
SECURITIES COMMISSION
No regulations being developed or considered at this time.

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STATE
Bureau of Commissions, Elections and Legislation   --Alteration of Local Election Districts-- 4 Pa. Code § 184 (16-36)           --Lobbying Disclosure-- 51 Pa. Code (16-40)     --Electronic Notarization Standards-- 4 Pa. Code, Subpart F (number not yet assigned)	Spring 2009, as Final.               Spring 2009, as Final.       Spring 2009, as Proposed.	The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code, 25 P. S. §§ 2701--2750. Statutory Authority: Section 2750 of the Election Code, 25 P. S. § 2570, which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting.   This final rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.   The proposed regulation would establish standards for notaries to use electronic notarization. Statutory Authority: Section 22.3 of the Notary Public Law of 1953, 57 P. S. § 168.3.	Shauna Graves [phone]               L. Lawrence Boyle [phone]       Martha Brown [phone]
Bureau of Professional and Occupational Affairs   --Schedule of Civil Penalties for violations of the Clean Indoor Air Act, 49 Pa. Code Chapter 43b. (16-46)     --Recording Devices-- 49 Pa. Code, §§ 43b.101 and 43b.102 (number not yet assigned)	Spring 2009, as Proposed.               Fall 2009, as Proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. ______ , No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act authorizes the Bureau to enforce the act.   The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.	Cynthia K. Montgomery [phone]               Thomas A. Blackburn [phone]
State Board of Accountancy   --Continuing Education-- 49 Pa. Code §§ 11.61--11.69a (16A-5511)   --Biennial Renewal Fees-- 49 Pa. Code § 11.4 (16A-5512)       --General Revisions-- 49 Pa. Code Chapter 11 (number not yet assigned)   --Civil Penalty Schedule-- Accountants-- 49 Pa. Code § 43b.10a. (number not yet assigned)	Spring 2009, as Proposed.     Spring 2009, as Proposed.         Summer 2009, as Proposed.         Spring 2009, as Proposed.	The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.     This proposed rulemaking would increase the biennial renewal fees for certified public accountants, public accountants, public accounting firms and continuing education program sponsors. Statutory Authority: Section 6 of the C.P.A. Law, 63 P. S. § 9.6.   This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.       This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Sara Fox [phone]
State Architects Licensure Board   --General Revisions-- 49 Pa. Code Chapter 9 (number not yet assigned)	Fall 2009, as Proposed.	This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).	Penny Walker [phone]
State Board of Barber Examiners   --Student Records and Curriculum-- 49 Pa. Code Chapter 3 (16A-427)	Spring 2009, as Final.	This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).	Hillarene Staller [phone]
State Board of Chiropractic   --Chiropractic Specialties-- 49 Pa. Code Ch. 5 (16A-4312)         Review of Chiropractic Treatment-- 49 Pa. Code Chapter 5 (16A-4315)   --Assistance of Unlicensed Supportive Personnel-- 49 Pa. Code Chapter 5 (16A-4316)   --Needle Acupuncture-- 49 Pa. Code § 5.81 (16A-4317)       --Continuing Education Violations-- 49 Pa. Code § 5.77 (16A-4318)       --Patient Records-- 49 Pa. Code § 5.51 (16A-4319)     --Schedule of Civil Penalties-- Chiropractors 49 Pa. Code Chapter 43b. (16-44)	Spring 2009, as Proposed.             Summer 2009, as Proposed.           Summer 2009, as Proposed.         Spring 2009, as Proposed.           Spring 2009, as Proposed.       Spring 2009, as Statement of Policy.     Spring 2009, 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).     This proposed rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).     This proposed rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601.       This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act.     This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a).   The statement of policy would assist licensees in determining how to maintain patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties with the approval of the Board.	Deborah Smith [phone]
State Board of Chiropractic (cont'd)     --Volunteer License-- 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2009, as Final (Proposed- omitted).	This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.	Deborah Smith [phone]
Corporation Bureau   --UCC Revised Article 9-- (16-35)	Summer 2009, 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.	Martha Brown [phone]
State Board of Cosmetology   --Sanitation-- 49 Pa. Code Chapter 7 (16A-4515)       --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.5. (number not yet assigned)	Fall 2009, as Proposed.           Spring 2009, as Proposed.	This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520.   This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Hillarene Staller [phone]
State Board of Crane Operators   --Implementation of the Crane Operator Licensure Act-- 49 Pa. Code Chapter 36 (number not yet assigned)	Fall 2009, as Proposed.	This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. ______ , No. 100).	Cynthia K. Montgomery [phone]
State Board of Dentistry   --EFDA Program Approval-- 49 Pa. Code Chapter 33 (16A-4616)   --Dental Hygienists Scope of Practice/Local Anesthesia-- 49 Pa. Code Chapter 33 (16A-4617)         --General Revisions-- 49 Pa. Code Chapter 33 (number not yet assigned)   --Licensure by Examination-- 49 Pa. Code § 33.103 (16A-4620)       --Volunteer License-- 49 Pa. Code § 33.110 (Number not yet assigned)	Spring 2009, as Proposed.         Spring 2009, as Final.                   Summer 2009 as Proposed.       Spring 2009, as Proposed.           Spring 2009, as Final (proposed- omitted)	This regulation would establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).     This regulation updates and amends the scope of practice of dental hygienists to conform to modern dental practices; establishes the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and implements the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).     This regulation would generally update the Board's regulations to reflect current procedures and practices. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).       This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o).   This regulation would amend the current volunteer license 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 Registration Board for Professional Engineers, Land Surveyors and Geologists   --General Revisions-- 49 Pa. Code Chapter 37 (number not yet assigned)                     --Continuing Education-- 49 Pa. Code Chapter 37 (16A-4710)       --Schedule of Civil Penalties-- Engineers, Geologists and Land Surveyors 49 Pa. Code Chapter 43b. (16-43)	Spring 2009, as Proposed.                             Spring 2009, as Proposed.             Sring 2009, as Proposed.	The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151.   The proposed rulemaking would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a).     This proposed regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher [phone]
State Board of Funeral Directors   --Preneed Funeral Arrangements-- 49 Pa. Code Chapter 13 (16A-4815)     --Preneed Activities of Unlicensed Employee-- 49 Pa. Code Chapter 13 (16A-4816)     --Continuing Education Enforcement-- 49 Pa. Code Chapter 13, §§ 13.231 and 13.401 (16A-4818)   --Schedule of Civil Penalties-- Continuing Education Violations-- 49 Pa. Code Chapter 43, § 43b.6. (16-47)	Spring 2009, as Final.           Spring 2009, as Final.             Spring 2009, as Proposed.             Spring 2009, as Proposed.	This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).     The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).     This proposed rulemaking would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a).       This proposed rulemaking would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b).	Heidy Weirich [phone]
State Board of Landscape Architects   --Schedule of Civil Penalties-- Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Proposed.	This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher [phone]
State Board of Massage Therapy   --Implementation of the Massage Therapy Law-- 49 Pa. Code Chapter 20 (number not yet assigned)	Fall 2009, as Proposed.	This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P. L. ______ , No.118). Statutory Authority: Section 50 of the Massage Therapy Law requires the Board to promulgate regulations within 18 months.	Teresa Lazo [phone]
State Board of Medicine   --Acupuncture-- 49 Pa. Code § 18.15 (16A-4924)               --General Revisions-- 49 Pa. Code Chapters 16, 17 and 18 (16A-4925)                 --Nurse Midwife Prescriptive Authority-- 49 Pa. Code Chapter 18 (16A-4926)   --Clarification of Medicine and Surgery-- 49 Pa. Code Chapters 16 and 17 (16A-4927)   --Perfusionists-- 49 Pa. Code Chapter 18, Subchapter J. (number not yet assigned)     --Licensure of Respiratory Therapists and Physician Assistants-- 49 Pa. Code Chapter 18 (number not yet assigned)   --Licensure or Certification of Behavior Specialists-- 49 Pa. Code Chapter 18 (number not yet assigned)	Spring 2009, as Final.                 Spring 2009, as Proposed.                     Spring 2009, as Final.         Spring 2009, as Proposed.         Summer 2009, as Proposed.             Summer 2009, as Proposed                 Summer 2009, as Proposed.	This proposed rulemaking would amend the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amended the Acupuncture Registration Act (63 P. S. §§ 1801--1806) by authorizing acupuncturists to treat patients for up to 60 calendar days without first obtaining a referral from a physician. Statutory Authority: Sections 3 and 3.1 of the Acupuncture Registration Act, 63 P. S. §§ 1803 and 1803.1.   This proposed rulemaking would implement Acts 29, 46 and 48 of 2007, and would generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act.   This rulemaking implements Act 50 of 2007 relating to prescriptive authority for nurse midwives. Statutory Authority: Sections 8 and 35(a) of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.35(a).     This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.   The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. ______ , No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.     The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. ______ , No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. ______ , No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.   The proposed rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. ______ , No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. ______ , No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.	Tammy Radel [phone]
State Board of Medicine (cont'd)   --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned)     --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.20 (number not yet assigned)	Spring 2009, as Final (Proposed- omitted).       Spring 2009, as Proposed.	This regulation would amend the current volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.   This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Radel [phone]
State Board of Nursing   --LPN / IV Therapy-- 49 Pa. Code § 21.145 (16A-5122)   --RN and LPN Program Examination Pass Rates-- 49 Pa. Code Chapter 21 (16A-5123)             --CRNP General Revisions-- 49 Pa. Code Chapter 21, Subchapter C (16A-5124)           --Clinical Nurse Specialists-- 49 Pa. Code Subchapter H, §§ 21.801--21.831 (16A-5133)             --LPN Application for Examination-- 49 Pa. Code § 21.151 (number not yet assigned)	Summer 2009, as Proposed.       Spring 2009 as Final.                     Spring 2009, as Final.                   Fall 2009, as Final.                     Summer 2009, as Proposed.	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   This regulation clarifies the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.     This regulation implements Act 206 of 2002, which gave exclusive jurisdiction over CRNPs to the State Board of Nursing and to revise the existing regulations to allow the effective use of CRNPs to the full extent of their education and training. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 7(c) of Act 306 of 2002, P. L. 1567, No. 206, December 9, 2002.     This proposed regulation would implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act.     The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.	Ann Steffanic [phone]
State Board of Nursing (cont'd)   --Reactivation/ Re-licensure after Lapse-- 49 Pa. Code Chapter 21 (16A-5135)             --Biennial Renewal Fees-- 49 Pa. Code Chapter 21 (16A-5136)       --Fees for Nursing Education Programs-- 49 Pa. Code Chapter 21 (number not yet assigned)                 --Volunteer License-- 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601--21.607 (number not yet assigned)	Summer 2009, as Proposed.                     Spring 2009, as Proposed.             Summer 2009, as Proposed.                       Spring 2009, as Final (Proposed- omitted).	This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nursing Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.     This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.     This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board.   This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic [phone]
State Board of Examiners of Nursing Home Administrators   --Temporary Permits-- 49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629)       --Sexual Misconduct-- 49 Pa. Code §§ 39.1 and 39.9 (16A-6211)       --Continuing Education-- 49 Pa. Code § 39.61 (16A-6212)     --Continued Competence-- 49 Pa. Code Chapter 39 (16A-6213)         Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.17 (number not yet assigned)	Spring 2009, as Final.             Summer 2009, as Proposed.           Spring 2009, as Proposed.         Spring 2009, as Proposed               Spring 2009, as Proposed.	The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114.   This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g).   This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b).   This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4), (9) and (c).     This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey [phone]
State Board of Occupational Therapy Education and Licensure   --Continued Competency-- 49 Pa. Code §§ 42.50--42.58 (16A-677)	Spring 2009, as Proposed.	The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Chris Stuckey [phone]
State Board of Optometry   --Continuing Education-- 49 Pa. Code §§ 23.81 and 23.82. (16A-5212)             --Schedule of Civil Penalties-- Optometrists 49 Pa. Code Chapter 43b (number not yet assigned)   --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2009, as Final (Proposed- omitted).               Spring 2009, as Proposed.           Spring 2009, as Final (Proposed- omitted).	This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the two years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5).   This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.     This regulation would amend the Board's volunteer license 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]

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State Board of Osteopathic Medicine   --Physician Assistant Prescriptive Authority-- 49 Pa. Code Chapter 25 (16A-5318)                   --Miscellaneous Provisions-- 49 Pa. Code Chapter 25 (16A-5319)                       --Perfusionists-- 49 Pa. Code Chapter 25 (number not yet assigned)                       --Licensure of Respiratory Therapists and Physician Assistants-- 49 Pa. Code Chapter 25 (number not yet assigned)                   --Volunteer License-- 49 Pa. Code Chapter 25, Subchapter L, §§ 25.601--25.607 (number not yet assigned)                   --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Final.                     Spring 2009, as Proposed.                               Summer 2009, as Proposed.                         Summer 2009, as Proposed.                             Spring 2009, as Final (Proposed- omitted).                     Spring 2009, as Proposed.	This rulemaking (developed with the assistance, advice and consent of the Pharmacy Board) sets forth the requirements for physician assistants with regard to prescriptive authority under the direction of a licensed physician. Statutory Authority: Section 10(h) and (p) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10(h) and (p).     This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.     The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. ______ , No. 20) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.   The proposed rulemaking implements the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. ______ , No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. ______ , No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.   This regulation would amend the Board's volunteer license 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.       This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) ofAct 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner [phone]
State Board of Pharmacy
--General Revisions-- 49 Pa. Code Chapter 27 (16A-5416)               --Continuing Education-- 49 Pa. Code § 27.32 (16A-5417)         --Sale of Hypodermic Needles and Syringes-- 49 Pa. Code Chapter 27 (16A-5418)             --Compounding Practices-- 49 Pa. Code Chapter 27 (16A-5419)                     --Pharmacist Breaks-- 49 Pa. Code Chapter 27 (16A-5420)               --Fees-- 49 Pa. Code § 27.91 (16A-5422)               --Cancer Drug Repository Program-- 49 Pa. Code Chapter 27 (number not yet assigned)	Spring 2009, as Final.                 Spring 2009, as Final.           Spring 2009, as Final.               Summer 2009, as Proposed.                         Spring 2009, as Final.                   Spring 2009, as Final.                 Spring 2009, as Proposed.	The regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).   This regulation would clarify the Board's continuing education requirements. Statutory Authority: Section 3.1 of the Pharmacy Act, 63 P. S. § 390-3.1.   This regulation would amend existing regulations to eliminate the requirement for a prescription prior to dispensing needles and syringes by a pharmacist. Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9).   This rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs.   This regulation would permit a sole pharmacist on duty to take up to a thirty-minute break while the pharmacy remains open. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).   This proposed rulemaking would amend the schedule of fees of the State Board of Pharmacy to increase fees. Statutory authority: Section 8.2(a) of the Pharmacy Act, 63 P. S. § 390-8.2(a).   The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. ______ , No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act within 90 days of the effective date. The effective date was July 12, 2008.	Melanie Zimmerman [phone]
--Pharmacy Internship-- 49 Pa. Code Chapter 27 (number not yet assigned)               --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Summer 2009, as Proposed.                     Spring 2009, as Proposed.	This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.   This regulation would amend the schedule of civil penalties for the State Board of Pharmacy to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Melanie Zimmerman [phone]
State Board of Physical Therapy     --Act 38 Revisions-- 49 Pa. Code Chapter 40 (number not yet assigned)             --Continuing Education Providers-- 49 Pa. Code § 40.63 (16A-6513)             --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned	Summer 2009, as Proposed.               Summer 2009, as Proposed.               Spring 2009, as Proposed.	The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. ______ , No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. ______ , No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008.   This proposed rulemaking would clarify and update the continuing education requirements relating to approved providers of continuing education. Statutory authority: Sections 3(a) and 9(c)(2) of the Physical Therapy Practice Act, 63 P. S. §§ 1303(a) and 1303(c)(2).   This regulation would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Roberts [phone]
State Board of Podiatry         --Certificate of Authority to Perform Acupuncture-- 49 Pa. Code Chapter 29 (16A-449)             --Continuing Education-- 49 Pa. Code §§ 29.61 and 29.63 (16A-4410)           --Schedule of Civil Penalties--Podiatrists 49 Pa. Code Chapter 43b (Number not yet assigned)           --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2009, as Proposed.               Spring 2009, as Proposed.               Spring 2009, as Proposed.       Spring 2009, as Final (Proposed- omitted).	This regulation would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.   This regulation would increase the biennial continuing education requirement from 30 hours to 50 hours and expand the categories of approved continuing education providers. Statutory Authority: Section 9.1 of the Podiatry Practice Act, 63 P. S. 42.9a.   This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.   This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Gina Bittner [phone]
State Board of Psychology         --Qualifications-- 49 Pa. Code Chapter 41 (16A-6315)             --Continuing Education-- 49 Pa. Code § 41.59 (16A-6317)         --Code of Conduct-- 49 Pa. Code § 41.61 (16A-6318)             --Graduate training in Psychology-- 49 Pa. Code, §§ 41.1 and 41.58 (16A-6319)               --Substance Abuse and Pathological Gambling-- 49 Pa. Code § 41.8 (16A-6321)         --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Proposed.           Spring 2009, as Proposed.             Spring 2009, as Proposed.             Summer 2009, as Proposed.                 Summer 2009, as Statement of Policy.             Spring 2009, as Proposed.	This regulation would amend education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2).     This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.   This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This regulation would reinsert three educational subcategories still needed in the definition of ''degree in psychology'' which were inadvertently deleted by a prior rulemaking. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This proposal would amend the Board's current statement of policy regarding the Department of Health's licensing of substance abuse services provided by psychology practices to include the certification of pathological gambling services provided by psychologists. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).       This regulation would establish a schedule of civil penalties for the State Board of Psychology to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey [phone]
State Board of Certified Real Estate Appraisers         --Certification of Appraisers and Licensure of Appraiser Trainees-- 49 Pa. Code Chapter 36 (number not yet assigned)	Summer 2009, as Proposed	The proposed rulemaking would implement the amendments to the Real Estate Appraisers Certification Act made by the Act of July 8, 2008 (P. L. 833, No. 59), and makes other amendments required to comply with a recent audit of the Appraisal Subcommittee, which identified areas of the Board's regulations that did not conform with AQB criteria. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).	Heidy Weirich [phone]
State Real Estate Commission         --Education-- 49 Pa. Code § 35.384, 35.385 (16A-5613)       --Fees-- 49 Pa. Code § 35.203 (16A-5615)             --Seller's Property Disclosure Statement-- 49 Pa. Code § 33.335a (16A-5618)   --Property Management-- 49 Pa. Code Chapter 35 (16A-5619)     --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Spring 2009, as Proposed.         Spring 2009, as Proposed.             Spring 2009, as Proposed.       Summer 2009, as Proposed.     Spring 2009, as Proposed.	This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.   The proposed regulation would amend current fees by consolidating the initial licensure fee charged to new applicants from a two-tiered structure to a single fee in order to allow the Commission to establish an online application in that the current system cannot accommodate a two-tiered fee structure. Statutory Authority: Sections 404 and 407 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.407.   This regulation would adopt a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law, 63 P. S. § 7304(a).   The proposed regulation would establish standards for licensees who engage in property management. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.     This regulation would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Patricia Ridley [phone]
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors   --Standards of Professional Conduct-- 49 Pa. Code Chapters 47, 48 and 49 (16A-6911)     --Hours of Supervised Clinical Experience-- 49 Pa. Code §§ 47.12c and 47.12d (16A-6916)         --Endorsement-- 49 Pa. Code Chapters 47, 48 and 49 (16A-6917)           --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Final.             Spring 2009, as Final (Proposed- omitted)             Spring 2009, as Proposed.               Spring 2009, as Proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).   This final-omitted rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 as required by the Act of July 9, 2008 (P. L. ______ , No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. ______ , No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008.   This proposed rulemaking would implement the endorsement provisions required by the Act of July 9, 2008 (P. L. ______ , No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. ______ , No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008.   This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter [phone]
State Board of Examiners in Speech--Language and Hearing   --General Revisions-- 49 Pa. Code Chapter 45 (number not yet assigned)   --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Proposed.         Spring 2009, as Proposed.	This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).   This regulation would amend the schedule of civil penalties for the State Board of Speech-Language and Hearing to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter [phone]
State Board of Vehicle Manufacturers, Dealers and Salespersons   --Salesperson License-- 49 Pa. Code Chapter 19 (16A-609)	Spring 2009, as Proposed.	This regulation would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).	Janice Cline [phone]
State Board of Veterinary Medicine   --Veterinary Dentistry-- 49 Pa. Code Chapter 31 (16A-5718)   --Facilities-- 49 Pa. Code Chapter 31 (16A-5720)       --Professional Conduct-- 49 Pa. Code Chapter 31 (16A-5721)       --Responsibility to Clients and Patients-- 49 Pa. Code § 31.21 (16A-5722)   --Biennial Renewal Fees-- 49 Pa. Code § 31.41 (16A-5723)     --Schedule of Civil Penalties-- Veterinarians and Veterinary Technicians-- 49 Pa. Code § 43b.21a (number not yet assigned)	Summer 2009, as Proposed.         Summer 2009, as Proposed.           Spring 2009, as Final.             Summer 2009, as Proposed.         Spring 2009, as Proposed.         Spring 2009, as Proposed.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.     This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27.     This regulation would clarify the types of conduct that constitutes unprofessional conduct which may lead to disciplinary action under section 21(1) of the Veterinary Medicine Practice Act. Statutory Authority: Sections 5 and 21 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.21.     This regulation would amend, update and clarify Principle 7 of the Rules of Professional Conduct for Veterinarians. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.     This regulation would provide for graduated increases in the biennial renewal fees for veterinarians and veterinary technicians. Statutory Authority: Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13.   This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.	Michelle Roberts [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supersede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	On November 25, 2008, SERS submitted a final-form rulemaking package to the Governor's Policy Office (GPO), the Office of General Counsel (OGC) and the Budget Office for review.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	On November 25, 2008, SERS submitted a final-form rulemaking package to the GPO, OGC and the Budget Office for review.	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa.C.S. § 5953.)	SERS' Board authorized going forward and it is in process as Regulation 31-7. SERS is reviewing the Independent Regulatory Review Commission (IRRC) staff comments of 7/2/08.	The statute does not set priorities among conflicting demands on members' accounts. A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.7(a). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	On November 25, 2008, SERS submitted a final-form rulemaking package to the GPO, OGC and the Budget Office for review.	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Salvatore Darigo, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	SERS Board authorized going forward and it is in process as Regulation 31-13. SERS received OGC approval on 7/31/08 and is awaiting GPO and Budget review.	The language is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.6(a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	SERS' Board authorized going forward and it is in process as Regulation 31-10. SERS received OGC approval on 6/27/08, Budget approval on 8/5/08 and is awaiting review by the GOP.	The 30 day requirement in the regulation has been rendered obsolete by changes to SERS' enabling legislation.	Jill Vecchio, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.4 (c)Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement; and 3) the rights of terminated members to apply for a disability.)	2009	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	M. Catherine Nolan, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2009	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code §§ 241.1; 247.7. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.) Gender neutral terms would be substituted and an operational provision that is found elsewhere would be removed from this definitional section.	SERS' Board authorized going forward and they are in process as Regulations 31-8 and 31-11. SERS received OGC approval on 6/27/08, Budget approval on 8/5/08 and is awaiting review by the GPO.	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children,'' ''my issue,'' ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Jill Vecchio, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	SERS' Board authorized going forward and it is in process as Regulation 31-9. Due to comments by IRRC staff the matter has been pended.	This new regulation would provide for adoption of a policy by SERS to specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Jill Vecchio, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 243.8. Membership rules for educational employees.	2009	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
STATE POLICE
DNA Detection of Sexual and Violent Offenders 37 Pa. Code Chapter 58	June 2009, as proposed.	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director [phone]
Administration of Megan's Law--Neighbor Notification 37 Pa. Code Chapter 55	June 2009, as proposed.	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa.C.S. § 9799.1. Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of subsequent and anticipated amendments Megan's Law.	Syndi L. Guido Policy Director [phone]
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
71--School Bus Drivers   67 Pa. Code Chapter 71	March 2009	The regulations will be updated and published for the second and final time which will clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions.	Scott Shenk [phone]
83--Physical & Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code Chapter 83	March 2009	The regulation will be updated and published for the second and final time which will clarify the requirements for diabetic drivers. This change will also incorporate the change required by HB1912, Act 756, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits. The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions.	Scott Shenk [phone]
471--Airport Rating & Licensing; 473--Aviation Development Grants; 477--Local Real Estate Tax Reimbursement Grants; 479--Obstructions to Aircraft   67 Pa. Code Chapters 471, 473, 477 and 479	May 2009	The various chapters of the regulation need to be updated as described below.   The purpose of the amendments to Chapter 471 is to provide clarification of requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulation was originally adopted.   The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher state share for granted projects and allow for a more efficient use of the Aviation Development grant funds available.   The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these Chapters in relation to the Chapters 471 and 473. There were no substantive changes to these chapters.	Brian Gearhart [phone]
Completely New Regulation   67 Pa. Code Chapter (To Be Determined)	December 2008 as proposed rulemaking	Section 3116 of the Pennsylvania Vehicle Code provides the legal authority for the establishment of a pilot automated red light enforcement (ARLE) program within the City of Philadelphia. Section 3116(l)(2) says that the revenues remaining from ARLE fines, after deducting the system administrator's operation and maintenance costs, shall be deposited into the Motor License Fund and shall be used by the Department to develop, by regulation, a Transportation Enhancements Grant Program. Therefore, a completely new regulation is needed to establish the provisions of this new Transportation Enhancements Grant Program.	William Laubach [phone]
Chapter 427--Public Transportation (Act 44 of 2008)	May 2009	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. Act 44 offered the Department a two-year window to promulgate temporary regulations. The temporary regulations should be drafted by December 2008.	LaVerne Collins [phone]
Chapter xxx Automated Red Light Enforcement	April 2009	Required to establish a regulation for revenues generated by Automated red light enforcement. The revenues are now $3.2M	Glenn Rowe 787-3620
Chapter 459 Occupancy of Highways by Utilities	June 2009	Fees need updated	Glenn Rowe 787-3620

 

[Pa.B. Doc. No. 09-227. Filed for public inspection February 6, 2009, 9:00 a.m.]