1132 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[40 Pa.B. 3431]
[Saturday, June 19, 2010]

 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 29th publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
Pa. Code Title VI Chapter 15 Protective Services for Older Adults	December 2010, as proposed.	The Older Adults Protective Services Act is under review in light of the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law to be unconstitutional. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered.	Bob McNamara [phone]
Pa. Code Title VI Chapter 23 Long-Term Care Ombudsman Program	December 2010, 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.	Wilmarie Gonzalez 783-7096
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2, 3 and 16	January 2011, as proposed.	The 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 Director [phone]
Cervidae 7 Pa. Code Chapter 18	November 2010, 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 Director [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 20a	January 2011, as proposed.	Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa.C.S. §§ 2501—2504).	Craig E. Shultz, DVM Director [phone]
Biofuels 70 Pa. Code Chapter 11	August 2010, as proposed.	This regulation will satisfy the requirements of Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act).	John Dillabaugh [phone]
Weights and Measures Regulations 70 Pa. Code Chapters 1—101	December 2011, as proposed.	This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act.	John Dillabaugh [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186—190	September 2010, 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.	Jorge Augusto [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	September 2010, 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.	Jorge Augusto [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	July 2010, as final.	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. This regulation will also increase the pesticide product registration fee.	David Scott [phone]
Commercial Feed Rules and Regulations 7 Pa. Code Chapter 71	August 2010, as proposed.	This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).	John Breitsman [phone]
Pet Food Rules and Regulations 7 Pa. Code Chapter 72	August 2010, as proposed.	This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).	John Breitsman [phone]
Fertilizer Regulations 7 Pa. Code Chapter 73	June 2011, 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	June 2011, 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	January 2011, as proposed.	This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulations.	Douglas Wolfgang [phone]
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	December 2010, 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 regulations.	Douglas Wolfgang [phone]
PA Food Code 7 Pa. Code Chapter 46	November 2010, as proposed.	This regulation will amend 7 Pa. Code Chapter 46 and implement legislative changes that may occur during the promulgation process.	William Chirdon [phone]
Milk Sanitation 7 Pa. Code Chapter 59a	September 2010, as final.	This regulation will replace 7 Pa. Code Chapter 59 and implement the provisions of the Milk Sanitation Law.	William Chirdon [phone]
Commercial Kennel Canine Health Regulations 7 Pa. Code Chapter 28a	August 2010, as final.	This regulation sets standards for humidity, ammonia, and ventilation levels, as well as, lighting and flooring standards in commercial kennels.	Sue West [phone]
BANKING
Annual Assessment Regulation	Mid 2011.	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing the conduct of debt settlement services pursuant to the Debt Management Services Act.	Mid 2011.	Required pursuant to 63 P. S. § 2403(b).	Robert C. Lopez Deputy Chief Counsel [phone]
Repeal of regulations at 10 Pa. Code Chapters 3 and 44.	June 5, 2010.	These regulations are no longer necessary in light of Section 503.E of the Department of Banking Code, 71 P. S. § 733-503.E and the repeal of Chapter 3 of the Mortgage Bankers and Brokers and Consumer Equity Protection Act.	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing pleading procedures for Department administrative actions.	Mid 2011.	Regulation to create simplified and clear filing and pleading procedures specific to Department administrative proceedings and the statutes under the Department's jurisdiction.	Robert C. Lopez Deputy Chief Counsel [phone]
Regulation governing continuing education under the Debt Management Services Act.	Early 2011.	Required pursuant to 63 P. S. § 2409.	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)	Summer of 2010.	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]
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code Chapter 431 Constables' Education and Training Board	December 2010 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. Recent statutory changes have necessitated additional updates to the regulations.	John Pfau 265-8546
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	Publish proposed rulemaking September 2010.	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 & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502).	Matt Beaver, [phone] Susan Wood, Esq. [phone]
State Forest Picnic Areas (Chapter 23)	Publish proposed rulemaking September 2010.	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 & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502).	Matt Beaver, [phone] Susan Wood, Esq. [phone]
Conservation of Pennsylvania Native Wild Plants (Chapter 45)	Publish proposed rulemaking November 2010.	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 Pa. 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 570-724-8149 Susan Wood, Esq. [phone]
CORRECTIONS
Revisions to 37 Pa. Code Chapter 94	June 2010, as proposed.	The regulation will eliminate the requirement that an offender serve 9 months in a state correctional institution before placement in a community corrections center.	Randall N. Sears [phone]
Revisions to 37 Pa. Code Chapter 93	July 2010, as proposed.	The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions.	Timothy Holmes [phone]
Amendments to 37 Pa. Code § 94.4	July 2010, as proposed.	The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates.	Theron Perez [phone]
EDUCATION
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapter C	Spring 2011, 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]
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63	Fall 2010, 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]
Higher Education—College and University Security. 22 Pa. Code Chapter 33	July 2010, 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.	Adam Schott [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
25 Pa. Code Chapter 1021 Practice and Procedure	The Environmental Hearing Board does not plan to propose or adopt new rulemaking for the remainder of 2010.	The Board's Rules Committee will meet on July 8, 2010 and review whether any rulemaking should be proposed in 2011.	Maryanne Wesdock [phone]
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 77	FY 10-11.	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 and Reclamation Act 25 Pa. Code Chapters 86, 87 and 88	FY 10-11.	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 and 88	FY 10-11.	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]
Noncoal Mining Fees Noncoal Surface Mining Conservations & Reclamation Act 25 Pa. Code Chapter 77	FY 10-11	Amendments to 25 Pa. Code Chapter 77 in order to implement fees to support the Noncoal Mining Program.	Bill Allen [phone] [e-mail]
Mining Fees Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 86	FY 10-11.	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 10-11.	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 10-11.	Revisions to Chapter 78 (Oil and Gas Wells) that govern the drilling, operation and plugging of oil and gas wells. Includes plugging procedures to attain a more effective seal and alternate requirements for casing and cementing. Includes amendments pertaining to the quantity and quality for replacement water supplies as well as requirements for adequate operation and maintenance of oil and gas wells.	Scott Perry [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78	FY 10-11.	Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to the quantity and quality for replacement water supplies as well as their adequate operation and maintenance; alternate requirements for drilling through mineable coal seams and the recovery of coal bed methane prior to mining.	Scott Perry [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78	FY 10-11.	This rulemaking will include changes to bond amounts.	Scott Perry [phone] [e-mail]
Underground Coal Mine Safety Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	FY 10-11.	The rulemaking adopts by reference the MSHA regulations with a few minor edits. The regulation addresses belt flammability standards and maintenance requirements, seal design, construction and maintenance requirements, emergency response requirements, self-contained rescue devices and refuge chambers communication.	Joseph Sbaffoni [phone] [e-mail]
Underground Coal Mine Safety Automated External Defibrillators Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	FY 10-11.	This regulation establishes safety standards relating to Automated External Defibrillators in underground bituminous coal mines.	Joseph Sbaffoni [phone] [e-mail]
Underground Coal Mine Safety Accident Reporting Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	FY 10-11.	This rulemaking expands the list of accidents in underground bituminous coal mines that must be reported to the Department within 15 minutes of discovery.	Joseph Sbaffoni [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 10-11.	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.	Tom Starosta [phone] [e-mail]
Erosion and Sediment Control and Stormwater Management Clean Streams Law 25 Pa. Code Chapter 102	FY 10-11.	The major provisions of the Chapter 102 final rulemaking include: incorporation of federal Clean Water Act ''Phase II'' National Pollutant Discharge Elimination System (NPDES) permit requirements for stormwater discharges associated with construction activities; codification of post construction stormwater management (PCSM) requirements, including long-term operation and maintenance requirements of PCSM BMPs; specific antidegradation implementation provisions; updates to agricultural planning and implementation requirements; updates to erosion and sediment (E&S) control requirements; and the establishment of riparian buffer and riparian forest buffer provisions.	Ken Murin [phone] [e-mail]
Wastewater Treatment Requirements Clean Streams Law 25 Pa. Code Chapter 95	FY 10-11.	Add section with effluent standards for TDS, chlorides, barium and strontium for new and expanded wastewaters from natural gas wells; and effluent standards and variance provisions for TDS from new and expanded loads and other industries using a watershed-based approach.	Ron Furlan [phone] [e-mail]
Water Quality Standards for Chloride Clean Streams Law 25 Pa. Code Chapter 93	FY 10-11.	This rulemaking will add statewide water quality criterion in Chapter 93 for chloride, a substance that is documented to have toxic effects on aquatic life at certain concentrations.	Tom Barron [phone] [e-mail]
Operator Certification Program Water and Wastewater Systems Operators' Certification Act 25 Pa. Code Chapter 302	FY 10-11.	These regulations formalize requirements for certification of drinking water and wastewater system operators.	Veronica Kasi [phone] [e-mail]
Water Quality Standards Implementation Clean Streams Law 25 Pa. Code Chapter 96	FY 10-11.	Adds provisions for nutrient and sediment credit trading in Pennsylvania.	Ann (Smith) Roda [phone] [e-mail]
Lead and Copper Short Term Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 10-11.	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 10-11.	Amendments to update drinking water program fees.	Kevin McLeary [phone] [e-mail]
Dam Safety and Waterways Management Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code Chapter 105	FY 10-11.	This rulemaking package will amend existing regulations at 25 Pa. Code, Chapter 105 to address concerns raised by the Auditor General and to incorporate amendments to strengthen the program. It will clarify and make existing regulations easier to understand and amend outdated sections.	Patricia McSparran [phone] [e-mail]
Dam Safety and Waterways Management Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code Chapter 105	FY 10-11.	The purpose of the rulemaking package is to amend existing regulations at 25 Pa. Code, Chapter 105 to update existing fees and include additional fees for activities performed by the Department. The fees have not been increased since 1991.	Sidney Freyermuth [phone] [e-mail]
Clarks Creek, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 10-11.	This rulemaking identifies the six following streams that should be redesignated to provide the correct aquatic life use designation in the water quality standards: UNT Lackawanna River ''Clarks Creek'' (Wayne County), Pine Creek (Schuykill County), UNT Conestoga River (Lancaster County), Hammer Creek, (Lebanon & Lancaster Counties), UNT Schuylkill River ''Spring Mill Run'' (Montgomery County), and Cacoosing River (Berks County).	Rodney McAllister [phone] [e-mail]
Fishing Creek, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 10-11.	This proposal identifies the seven following stream segments that should be redesignated to provide the correct aquatic life use designation in the water quality standards: Buck Hill Creek (Monroe County); Upper Lehigh River (Lackawanna, Monroe, Wayne & Luzerne Counties); Little Lehigh Creek (Lehigh & Berks Counties); Gallows Run (Bucks County); French Creek & Beaver Run (Chester County); Tannery Hollow Run (Cameron County); Fishing Creek (Lancaster County); and Deer Creek & Little Falls (York County).	Rodney McAllister [phone] [e-mail]
Adhesives and Sealants Air Pollution Control Act 25 Pa. Code Chapters 129 and 130	FY 10-11.	The final-form 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.	Randy Bordner [phone] [e-mail]
Air Quality Plan Approval and Operating Permit Fees Air Pollution Control Act 25 Pa. Code Chapters 127 and 139	FY 10-11.	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 add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 to add new categories of fees and to establish a fee schedule 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 10-11.	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]
Large Appliance and Metal Furniture Coating Processes (LA/MF CTG) Air Pollution Control Act 25 Pa. Code Chapter 129	FY 10-11.	The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 to further reduce the emissions of volatile organic compounds (VOCs) from large appliance and metal furniture coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52a (relating to large appliance and metal furniture coating processes) to adopt emission limits and work practice standards for large appliance and metal furniture surface coating operations.   The proposed rulemaking would also amend 25 Pa. Code § 129.52, which limits VOC emissions from surface coating processes, to terminate applicability of 25 Pa. Code § 129.52 to large appliance and metal furniture surface coating operations, including the current VOC content limits for large appliance and metal furniture coatings listed in Table 1, as of the date of applicability of the requirements of the proposed 25 Pa. Code § 129.52a.	Susan Hoyle [phone] [e-mail]
Paper, Film and Foil Coating Processes (PFF CTG) Air Pollution Control Act 25 Pa. Code Chapter 129	FY 10-11.	The proposed rulemaking would amend the existing surface coating regulations to further reduce the emissions of volatile organic compounds (VOCs) from paper, film and foil coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52b (relating to paper, film and foil coating processes) to adopt emission limits and work practice standards for paper, film and foil surface coating operations. The proposed rulemaking would also amend 25 Pa. Code § 129.52, which limits VOC emissions from surface coating processes, to terminate applicability of 25 Pa. Code § 129.52 to paper, film and foil surface coating operations, including the current VOC content limits for paper coatings listed in Table 1, as of the date of applicability of the requirements of the proposed 25 Pa. Code § 129.52b.	Susan Hoyle [phone] [e-mail]
Flat Wood Paneling Coating Processes (FWP CTG) Air Pollution Control Act 25 Pa. Code Chapter 129	FY 10-11.	The proposed rulemaking would amend 25 Pa. Code § 121.1 (relating to definitions) and Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flat wood paneling coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling coating processes) to adopt emission limits and work practice standards for flat wood paneling coating operations.	Susan Hoyle [phone] [e-mail]
Outdoor Wood-fired Boilers (OWB) Air Pollution Control Act 25 Pa. Code Chapter 123	FY 10-11.	The proposed rulemaking would add 25 Pa. Code § 123.14 (relating to outdoor wood-fired boilers) to 25 Pa. Code Chapter 123 (relating to standards for contaminants). The proposed rulemaking would also add new and revise certain existing definitions in 25 Pa. Code § 121.1 (relating to definitions). The proposed rulemaking would set emission standards for outdoor wood-fired boilers (OWBs) sold, distributed or newly installed in the Commonwealth of Pennsylvania. This proposed rulemaking would limit emissions of particulate matter (PM), largely including emissions of fine particulates equal to and less than 2.5 micrometers in diameter (PM2.5). The proposed rulemaking would establish setback requirements for newly installed OWBs and establish fuel and stack height requirements, and seasonal prohibitions, for all OWBs operated in this Commonwealth whether existing or newly-installed.	Jane Greber [phone] [e-mail]
Repeal of the Mercury Rule Air Pollution Control Act 25 Pa. Code Chapter 123	FY 10-11.	The final-omitted rulemaking would repeal all changes to 25 Pa. Code 123 (relating to standards for contaminants) made by the final-form rulemaking of February 17, 2007 (37 Pa.B. 883), entitled ''standards for contaminants: mercury''. The Pennsylvania Mercury Rule is invalid and unenforceable because the Pennsylvania Supreme Court upheld the Commonwealth Court's decision enjoining the Department from implementing and enforcing the rule. Omission of notice of proposed rulemaking is appropriate under Sections 201 and 202 of the Commonwealth Documents Law (45 P. S. §§ 1201 and 1202).	Robert Reiley [phone] [e-mail]
HEDD—High Electric Demand Days Air Pollution Control Act 25 Pa. Code Chapter 145, Subchapter E	FY 10-11.	The proposed rulemaking would limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during nonemergency periods that operate less than 1200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD). This class of units produces aggregate HEDD emissions of NOx on peak electric demand days that are great enough to reduce or eliminate the environmental benefit of NOx emission reductions achieved on peak electric demand days by the larger EGUs currently regulated under the Commonwealth's Clean Air Interstate Rule (CAIR) and previously under the NOx Budget Trading Program.	Susan Hoyle [phone] [e-mail]
Sulfur Limits in Commercial Fuel Oil Air Pollution Control Act 25 Pa. Code Chapters 121 and 123	FY 10-11.	The proposed rulemaking would amend 25 Pa. Code § 123.22 (relating to combustion units) to revise downward the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion units in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to 25 Pa. Code § 121.1 (relating to definitions) may also be necessary to support the proposed amendments to § 123.22. Emissions of sulfur dioxide (SO2) contribute to the formation of regional haze, which degrades visibility in many American cities and scenic areas. Regional haze is visibility impairment caused by cumulative air pollutant emissions from numerous sources over a wide geographic area. The proposed rulemaking would be consistent with the Statement of the Mid-Atlantic/Northeast Visibility Union (MANE-VU) Regional Planning Organization (RPO).	Susan Hoyle [phone] [e-mail]
Lithographic and Letterpress Printing Processes, Flexible Package Printing, Processes and Industrial Cleaning Solvents Air Pollution Control Act 25 Pa. Code Chapter 129	FY 10-11.	The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from lithographic and letterpress printing processes, flexible package printing processes and industrial cleaning solvents to meet the Clean Air Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would also add 25 Pa. Code § 129.67a (relating to control of VOC emissions from lithographic and letterpress printing processes) to adopt emission limits and work practice standards for lithographic and letterpress printing operations, amend § 129.67 (relating to graphic arts systems) and add 25 Pa. Code § 129.79 (relating to control of VOC emissions from industrial cleaning solvents) to add emission limits and work practice standards.	Susan Hoyle [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 10-11.	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.	Steve Socash [phone] [e-mail]
Beneficial Use of Coal Ash Solid Waste Management Act Clean Streams Law Surface Mining and Reclamation Act Administrative Code of 1929 25 Pa. Code Chapters 287 and 290	FY 10-11.	This rulemaking adds a new definition and revises definitions in Chapter 287 and moves coal ash beneficial use provisions to a new chapter 290. Incorporates technical guidance provisions for use of coal ash at mine sites into regulations. Sets maximum leachate concentrations for coal ash, physical properties for use, storage requirements, water quality monitoring and assessment and abatement requirements and coal ash qualification (certification) standards and procedures.	Steve Socash [phone] [e-mail]
Municipal Waste Regulated Medical Amendments Solid Waste Management Act 25 Pa. Code Chapter 284	FY 10-11.	This rulemaking will amend the existing Chapter 284. This will include some definitions in Chapter 271 that will be added or amended. The term infectious waste will be replaced with the term ''regulated medical waste''. This terminology change will be a global change. Besides definitional changes, this proposal also includes changes to storage, transporter licensing, and manifesting requirements for regulated medical waste.	Steve Socash [phone] [e-mail]
Residual Waste Generator Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code Chapter 287	FY 10-11.	These proposed revisions streamline and update biennial reporting requirements, reduce the number of generators subject to biennial reporting and annual chemical analyses requirements, and eliminate submission of annual chemical analyses. The requirement for source reduction strategies is proposed for elimination.	Steve Socash [phone] [e-mail]
Hazardous Waste Delisting Solid Waste Management Act and section 1920-A of The Administrative Code of 1929 25 Pa. Code Chapter 261a	FY 10-11.	The rulemaking modifies an existing hazardous waste delisting previously granted to Geological Reclamation Operations and Waste Systems, Inc. (GROWS), whose successor by merger, Waste Management Disposal Services of Pennsylvania, Inc. (WMDSPA), petitioned the Board to amend Chapter 261a of PA's Hazardous Waste Regulations in order to increase the annual volume of filter cake that it may dispose of in a Subtitle D landfill from 2,000 cubic yards to 4,000 cubic yards.	Dwayne Womer [phone] [e-mail]
Radiological Health 25 Pa. Code Chapters 215—240	FY 10-11.	This rulemaking will amend 25 Pa. Code Chapters 215—240 in order to incorporate by reference federal regulations pertaining to the security of certain radioactive material.	Joe Melnic [phone] [e-mail]
Radiological Health 25 Pa. Code Chapters 215—240	FY 10-11.	This rulemaking will include amendments to address new x-ray technology that is not addressed in current regulations.	Joe Melnic [phone] [e-mail]
Administration of the Land Recycling Program (Act 2) Land Recycling and Environmental Remediation Standards Act 25 Pa. Code Chapter 250	FY 10-11.	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 253	FY 10-11.	This rulemaking will establish regulations for the implementation of the Uniform Environmental Covenant Act.	Troy Conrad [phone] [e-mail]
GENERAL SERVICES
Responsibility 4 Pa. Code Chapter 60	Fall 2010, as proposed.	This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Michael C. Barrett [phone]
Committee on Construction Contract Documents 4 Pa. Code Chapter 62	Summer 2010, as final omitted.	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Michael C. Barrett [phone]
Selections Committee 4 Pa. Code Chapter 64	Summer 2010, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67	Summer 2010, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Contract Compliance 4 Pa. Code Chapter 68, Subchapter A Prequalification of Vendors and Non-construction Contractors	Summer 2010, as final omitted.	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Michael C. Barrett [phone]
Methods of Awarding Contracts 4 Pa. Code Chapter 69	Summer 2010, as final omitted.	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Use of the Forum 4 Pa. Code Chapter 87	Summer 2010, 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.	Michael C. Barrett [phone]
State Metrology Laboratory Fee Schedule 70 Pa. Code Chapter 110.2	Spring 2010, as final.	The fee schedule will be updated.	Michael C. Barrett [phone]

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HEALTH
Health Facility Licensure—General Administrative Chapter & General and Special Hospitals 28 Pa. Code Chapter 52	August 2010, as proposed.	This new chapter will address governing body and quality assurance requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101—448.904b.	James T. Steele [phone]
Communicable and Non-Communicable Diseases 28 Pa. Code § 27.1 et seq.	June 2010, 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.	Jalene Kolb [phone]
School Immunization Requirements 28 Pa. Code §§ 23.83 and 23.86	Final published June, 2010.	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]
Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders 28 Pa. Code Chapter 719	December 2010, 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]
Nursing home regulations 28 Pa. Code §§ 201.3 and 211.6	December 2010, as proposed.	Recent amendments made by Act 68 of 2008 to the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901—1922) include a definition for the term ''social worker'' and prohibits individuals from holding themselves out as social workers, using the title of ''social worker'' or using the abbreviation of ''S.W.'' without meeting Act 68's definition of ''social worker.'' Act 68 also prohibits ''advertising as a social worker and adopting or using any title or description of services incorporating the term ''social worker'' and their related abbreviations, which implies directly or indirectly that the individual is a social worker.'' The new statutory definition of a ''social worker'' conflicts with the definition in the Department's nursing home regulations. In order to resolve this conflict and allow facilities to continue to employ the individuals they currently employee in these positions (and who do not meet the new statutory definition of a social worker) the Department would propose to amend the term ''social worker'' in the regulations to ''social services coordinator.'' This will continue to allow nursing homes to hire individuals who meet the qualifications in the Department's nursing home regulations and in federal nursing home regulations, thereby giving facilities a larger pool of potential employees and controlling health care costs. The amendments would be promulgated pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101—448.904b, and Act 68.	Robert T. Datorre [phone]
Nursing home regulations 28 Pa. Code § 211.7(c)	August 2010, as final omit.	This regulation will remove the requirement in the nursing home regulations that entries made by certified registered nurse practitioners (CRNPs) on residents' records must be countersigned by a physician within 7 days. The passage of Act 2007-48 and the adoption of regulations by the State Board of Nursing have insured that the collaborative agreement between a CRNP and a physician will address issues surrounding the CRNP's treatment of a resident.	Chris Dutton Robert Datorre [phone]
Hospice Regulations	November 2010, as proposed.	These regulations will establish and enforce minimum standards for the licensure of hospice services and residential facilities. The regulations are based on federal CMS regulations for Medicare certified providers. The regulations govern the construction, maintenance and operation of inpatient and residential hospice facilities to ensure safe, adequate and efficient provision of hospice services.	Karin Simpson [phone]
Emergency Medical Services System Regulations	October 2010 As proposed.	These new regulations will facilitate the Department's administration of the Emergency Medical Services System Act (Act) chapter of Act 37 (2009), 35 Pa.C.S. §§ 8101—8157. The Act repeals and replaces the Emergency Medical Services Act. However, many of the provisions of the Emergency Medical Services Act will remain in effect for 180 after final regulations are promulgated under the Act. The Act is designed to update the existing emergency medical services system by ensuring higher quality and better coordinated emergency medical services are provided in a system that is fully integrated with the overall health care system and, in particular, with the public health system.	Kenneth E. Brody [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	Fall 2010.	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.	Shawn W. Weis (717)-783-6776
		(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.
INSURANCE
Continuing Education for Insurance Agents and Brokers 39 Pa. Code §§ 39a.1—39a.13	Fall 2010, as final.	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)	Fall 2010, 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]
Standards to Define Insurers Deemed to be in Hazardous Financial Condition 31 Pa. Code Chapter 160	Winter 2010, as proposed.	Amend consistent with updates adopted in 2008 to NAIC Model 385.	Peter J. Salvatore, Regulatory Coordinator [phone]
Viatical Regulations (NEW chapter)	Fall/Winter 2010, as proposed.	New regulation addressing issues pertaining to the Licensing of Viatical Brokers. WAITING FOR NAIC MODEL TO BE FINALIZED.	Peter J. Salvatore, Regulatory Coordinator [phone]
LABOR AND INDUSTRY
Liquefied Petroleum Gas, Title 34, Chapter Bureau of Occupational and Industrial Safety	Submit final rulemaking in Spring 2010.	Enact the Propane and Liquefied Petroleum Gas Act passed in June 2002 and 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]
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Winter 2011.	Update and improve existing regulations for administration and enforcement of the UCC.	Edward Leister [phone]
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Winter 2011.	Update the requirements for unattended self-service stations and adopt requirements for storage and dispensing of compress natural gas as vehicular fuel.	Edward Leister [phone]
Boilers and Unfired Pressure Vessels, Title 34, Chapter 3a, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Fall 2010.	Update the codes adopted to the current editions.	Edward Leister [phone]
Business Enterprise Program, Title 34, Bureau of Blindness and Visual Services	Submit proposed rulemaking in Winter 2011.	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, Chapter 61, Bureau of Unemployment Compensation Tax Services and Office of Unemployment Compensation Benefits	Proposed rulemaking published Spring 2010.	Update Unemployment Compensation administration regulation.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Chapter 63, Bureau of Unemployment Compensation Tax Services	Submit proposed rulemaking in Summer 2010.	Update Unemployment Compensation tax and employer regulations.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Chapter 65, Office of Unemployment Compensation Benefits	Proposed rulemaking published Spring, 2010.	Update Unemployment Compensation benefits and claimant regulations.	Craig Pontz [phone]
Unemployment Compensation Title 34, Chapter 101, Board of Review	Submit proposed rulemaking in Fall 2010.	Update appeal and hearing procedures to reflect evolving procedures and statutory changes.	Edward Rawlings [phone]
Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance	Submit final rulemaking in Summer 2010.	Clarify standards and security requirements for individual self-insured employees.	George Knehr [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage	Submit proposed rulemaking in Fall 2010.	Update provisions and rescind expired Food-Service Employee Incentive Program.	James A. Holzman [phone]
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225 Prohibition of Excessive Overtime in Health Care Act	Submit proposed rulemaking in Spring 2010.	Regulations to implement this law.	James A. Holzman [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 83, Welfare of Apprentices	Submit proposed rulemaking in Fall 2010.	Amend provisions to reflect federal requirements.	Jason Anderson [phone]
Bureau of PENNSAFE Title 34, Chapters 301—323, Worker and Community Right to Know	Submit proposed rulemaking in Spring 2011.	Amend the PA Hazardous Substance List.	Thomas J. Ward, Jr. [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 31 Seasonal Farm Labor	Submit proposed rulemaking in Summer 2010.	Update regulations and clarify jurisdiction.	Kathryn McDermott Speaks [phone]
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes 43 Pa. Code § 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
No regulations being developed or considered at this time.
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 61, 63, 65, 67, 68, 69, 71, 73, 75 and 77 ''Board of Probation and Parole''	To be worked on in FY 2010.	Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices.	Linda Laub Acting Chief Counsel [phone]
Addition of a section to 37 Pa. Code Part II ''Board of Probation and Parole''	To be worked on in FY 2010.	Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e)(2).	Colleen Fickel Director Central Services PBPP [phone] Ext. 292
37 Pa. Code Chapter 79 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.''	To be worked on in FY 2010.	Add new sections relating to ''Accidental Discharge,'' ''Break in Service,'' and ''Weapons Change.''	Todd Burns Executive Director FETC [phone] Ext. 389
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 2010, 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	June 2011, 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]
Revisions to Special Allowances for Supportive Services 55 Pa. Code Chapter 165	January 2011 as final-form.	The purpose of this 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	August 2011 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]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chapters 1101, 1121, 1123, 1147 and 1241	December 2011, 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 2011, 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	December 2011, 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	July 2011, 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	July 2011, 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]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chapters 1101, 1141, 1150 and 1221	July 2011, 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]
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	December 2011, 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 2011, 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	January 2011, 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	July 2010, 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	November 2010, as final-form.	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	November 2010, 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	June 2011, 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]
Nursing Facility Rate Setting Changes to the Resident Assessment Instrument 55 Pa. Code Chapter 1187	February 2011, as proposed.	This regulation will use 5.12 34 Grouper as a result of CMS's final rule (CMS 1410-F) directing states to transition from MDS 2.0 to MDS 3.0 on October 1, 2020.	Ruth O'Brien [phone]
Nursing Facility Cost Reporting Change to Major Moveable Rentals 55 Pa. Code Chapter 1187	March 2011, as proposed.	Reduction of paperwork requirement.	Ruth O'Brien [phone]
Nursing Facility Reconfiguration/ Rightsizing 55 Pa. Code Chapter 1187	March 2011, as proposed.	Transitioning Medical Assistance certified nursing facility beds to meet consumer demands	Ruth O'Brien [phone]
Exceptional Nursing Facility Payment 55 Pa. Code Chapter 1187	March 2011, as proposed.	This regulation will eliminate the current Peer Group 13 (Special Rehabilitation Nursing Facilities) in the current nursing facility rate setting methodology and replace it, for certain qualified facilities with a blended rate payment system design. A portion of the blended rate will continue to be based upon the current case-mix payment methodology and a portion will be based upon an established price for certain exceptional nursing facility residents.	Ruth O'Brien [phone]
Third Party Liability Programs 55 Pa. Code Chapter 259	July 2011, 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	July 2011, 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	January 2011, 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	October 2010, 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]
Psychiatric Rehabilitation Services 55 Pa. Code Chapters	October 2010, as proposed.	The Office of Mental Health and Substance Abuse Services is in the process of amending the Commonwealth's Title XIX Medicaid State Plan to add Psychiatric Rehabilitation Services to the Rehabilitation option. This service is being added under the provision of 42 CFR 44.130(d) ''Rehabilitation Services.'' Psychiatric rehabilitation is a therapeutic rehabilitation service for individuals with mental illness designed to increase competence in normal life activities and allows individuals to pursue life goals with the greatest amount of independence. The proposed regulation will promulgate the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS).	Ruth O'Brien [phone]
Integrated Treatment for Outpatient Clinics (formerly referred to as ''Psychiatric Outpatient Clinics'') 55 Pa. Code Chapter 5200	December 2010, 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	March 2011, as proposed.	This regulation applies to private and public residential facilities receiving monies 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]
Individual Support Plans 55 Pa. Code Chapters 2380, 2390, 6400 and 6500	August 2010, as final-form.	This rulemaking amends 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]
Requirements for Waiver Services for Individuals with Mental Retardation 55 Pa. Code Chapter 1253	November 2010, as proposed.	This regulation will include fiscal and programmatic requirements for individuals and providers relating to receipt and provision of Medical Assistance services funded through the Consolidated and Person/Family Directed Support (P/FDS) Waivers.	Ruth O'Brien [phone]
Child Care Facilities 55 Pa. Code Chapters 3270, 3280 and 3290	July 2010, as proposed.	The proposed amendments to the child care facility regulations relating to professional development requirements for all child care practitioners will strengthen the child care work force and provide practitioners with the knowledge and competencies needed to provide safe and healthy care to children. The changes will increase the minimum standards for annual training hours, require minimum standards for entities that offer professional development, establish a core curriculum for practitioners and ensure that practitioners meet the professional development requirements through submission of documentation at the time of registration renewal.	Ruth O'Brien [phone]
REVENUE
Support Offset and Other Personal Income Tax Provisions	March, 2011, 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, 2010, 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	March, 2011, 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	July, 2010, as final.	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]
Pennsylvania Sales and Use Tax Amendments to 61 Pa. Code § 53.1 Clothing	Final regulation published at 40 Pa.B. 1746 (April 3, 2010).	The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples.	Douglas Berguson [phone]
§ 119.30 Innocent Spouse Relief	Proposed regulation published at 40 Pa.B. 1916 (April 10, 2010); March, 2011, as final.	The Department is promulgating a new rulemaking to clarify the Department's policy on Innocent Spouse Relief for Pennsylvania Personal Income Tax as enacted under Act 87 of 2002.	Douglas Berguson [phone]
SECURITIES COMMISSION
No regulations being developed or considered at this time.

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STATE
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)       —Telephonic Testimony— 49 Pa. Code Chapter 43b. (number not yet assigned)	Fall 2010, as proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, 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, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.   This regulation would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissions or hearing examiners. Statutory Authority: Section 3(b) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2203(b), authorizes the Commissioner of Professional and Occupational Affairs to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission.	Cynthia K. Montgomery [phone]
State Board of Accountancy   —Continuing Education— 49 Pa. Code §§ 11.61—11.69a (16A-5511)   —General Revisions— 49 Pa. Code Chapter 11 (number not yet assigned)   —Civil Penalty Schedule— Accountants— 49 Pa. Code § 43b.10a. (16-48)	Summer 2010, as proposed.         Spring 2011, as proposed.         Summer 2010, 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 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)   —Experience Requirement— 49 Pa. Code § 9.46 (16A-4120)	Spring 2011, as Proposed.           Fall 2010, 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).     This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Penny Walker [phone]
State Board of Barber Examiners   —Student Records and Curriculum— 49 Pa. Code Chapter 3 (16A-427)                   —Fee— 49 Pa. Code § 3.103 (16A-428)	Summer 2010, as final.                       Summer 2010, as proposed.	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).   The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.	Kelly Diller [phone]
State Board of Chiropractic   —Chiropractic specialties— 49 Pa. Code Chapter 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)   —Continuing Education Violations— 49 Pa. Code § 5.77 (16A-4318)       —Schedule of Civil Penalties— Chiropractors 49 Pa. Code Chapter 43b (16-44)       —Volunteer license— 49 Pa. Code § 5.20 (number not yet assigned)	Fall 2010, as proposed.             Spring 2011, as final.         Spring 2011, as final.           Fall 2010, as final.             Fall 2010, as final.             Fall 2010, as final (proposed- omitted).	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This 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 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).   This 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.   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)	Fall 2010, 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   —Fees— 49 Pa. Code § 7.2 (16A-4515)                 —Sanitation— 49 Pa. Code Chapter 7 (16A-4516)       —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.5. (number not yet assigned)	Fall 2010, as proposed.                   Fall 2010, as proposed.           Fall 2010, as proposed.	The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period.   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).	Kelly Diller [phone]
State Board of Crane Operators   —Implementation of the Crane Operator Licensure Act— 49 Pa. Code Chapter 36 (16A-7101)	Summer 2010, 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. 1363, No. 100), 63 P. S. § 2400.2102.	Penny Walker [phone]
State Board of Dentistry   —EFDA Program Approval— 49 Pa. Code Chapter 33 (16A-4616)   —Anesthesia Update— 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (16A-4621)	Fall 2010, as final.         Fall 2010, as proposed.	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 would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.	Lisa Burns [phone]
—EFDA Scope of Practice— 49 Pa. Code § 33.205a. (16A-4624)             —Volunteer License— 49 Pa. Code § 33.110 (Number not yet assigned)	Fall 2010, as proposed.                   Spring 2010, as final (proposed- omitted).	This proposed rulemaking implements the act of April 29, 2010 (P. L. __ , No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. __ , No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3(d.1) and (o) of the Dental Law (act), 63 P. S. § 122(d.1) 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).
State Registration Board for Professional Engineers, Land Surveyors and Geologists   —General Revisions— 49 Pa. Code Chapter 37 (16A-479)                         —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)	Fall 2010, as proposed.                             Fall 2010, as final.           Fall 2010, as final.	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 regulation 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 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   —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)   —Supervision at Funeral Services— 49 Pa. Code § 13.215 (number not yet assigned)	Fall 2010, as final.             Fall 2010, as final.             Summer 2010, as proposed.	This regulation 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 regulation 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).   The proposed rulemaking would update the Board's regulations to address current practice. Statutory Authority: Sections 11(a)(5) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(5) and 479.16(a).	Heidy Weirich [phone]
State Board of Landscape Architects   —Biennial Renewal Fees— 49 Pa. Code § 15.12 (16A-619)     —Licensure Requirements and Continuing Education— 49 Pa. Code Chapter 15 (16A-6110)   —Schedule of Civil Penalties— Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as final.         Fall 2010, as proposed.             Spring 2011, as proposed.	This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905.   This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9).         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 (16A-7201)	Fall 2010, as final.	This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P. L. 1438, No. 118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months.	Judy Harner [phone]
State Board of Medicine   —General Revisions— 49 Pa. Code Chapters 16, 17 and 18 (16A-4925)                 —Clarification of Medicine and Surgery— 49 Pa. Code Chapters 16 and 17 (16A-4927)   —Behavior Specialists— 49 Pa. Code Chapter 18 (16A-4929)         —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 18 (16A-4930)	Fall 2010, as proposed.                         Fall 2010, as proposed.           Fall 2010, as final.               Fall 2010, as proposed.	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 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 implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, 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.   The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.	Tammy Radel [phone]
—Perfusionists— 49 Pa. Code Chapter 18, Subchapter J (16A-4931)       —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.20. (number not yet assigned)	Spring 2011, as final.             Fall 2010, as proposed.	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. 154, 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.   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)     —Updated Applications— 49 Pa. Code § 21.151 (16A-5134)               —Reactivation/ Re-licensure after Lapse— 49 Pa. Code Chapter 21 (16A-5135)	Spring 2011, as final.       Fall 2010, as proposed.                   Fall 2010, 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.   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.   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 Nurse 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.	Ann Steffanic [phone]
—Biennial Renewal Fee— 49 Pa. Code Chapter 21 (16A-5136)     —Out of State Nursing Education Programs using Pennsylvania Clinical Sites— 49 Pa. Code Chapter 21 (16A-5137)       —Fees for Nursing Education Programs— 49 Pa. Code Chapter 21 (number not yet assigned	Fall 2010, as final.           Spring 2011, as proposed.                   Fall 2010, as proposed.	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 Nurse Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.   This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.   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.	Ann Steffanic [phone]
—Volunteer License— 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601—21.607 (number not yet assigned)	Fall 2010, as final (proposed- omitted).	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).
State Board of Examiners of Nursing Home Administrators   —Sexual Misconduct— 49 Pa. Code §§ 39.1 and 39.9 (16A-6211)   —Continued Competence— 49 Pa. Code Chapter 39 (16A-6213)     Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, §  43b.17 (number not yet assigned)	Fall 2010, as proposed.           Fall 2010, as proposed             Fall 2010, as proposed.	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 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)	Summer 2010, as proposed.	The proposed rulemaking would 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)	Fall 2010, 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).	Deborah Smith [phone]
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)	Fall 2010, as proposed.             Fall 2010, as final (proposed- omitted).	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).
State Board of Osteopathic Medicine   —Miscellaneous Provisions— 49 Pa. Code Chapter 25 (16A-5319)               —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 25 (16A-5320)     —Perfusionists— 49 Pa. Code Chapter 25 (16A-5321)           —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)	Fall 2010, as proposed.                     Fall 2010, as proposed.                 Spring 2011, as final.               Fall 2010, as final (proposed- omitted).           Fall 2010, as proposed.	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 implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.   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. 161, 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.     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) of Act 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner [phone]
State Board of Pharmacy   —Compounding Practices— 49 Pa. Code Chapter 27 (16A-5419)         —Cancer Drug Repository Program— 49 Pa. Code Chapter 27 (16A-5423)           —Pharmacy Internship— 49 Pa. Code Chapter 27 (16A-5424)         —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Spring 2011, as proposed.               Summer 2010, as proposed.                 Fall 2010, as proposed.               Fall 2010, as proposed.	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.   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. 139, 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.   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   —Continuing Education Providers— 49 Pa. Code § 40.63 (16A-6513)     —Act 38 Revisions— 49 Pa. Code Chapter 40 (16A-6514)             —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as final.           Fall 2010, as proposed.                 Fall 2010, as proposed.	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).   The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, 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 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)	Fall 2010, as proposed.           Fall 2010, as final.           Fall 2010, as proposed.             Fall 2010, 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   —Continuing Education— 49 Pa. Code § 41.59 (16A-6317)     —Code of Conduct— 49 Pa. Code § 41.61 (16A-6318)           —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as proposed.         Fall 2010, as proposed.             Fall 2010, as proposed.	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 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   Continuing Education Enforcement— 49 Pa. Code §§ 36.41 and 36.241 (16A-7016)	Fall 2010, as proposed.	The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).	Heidy Weirich [phone]
Schedule of Civil Penalties— Real Estate Appraisers— 49 Pa. Code § 43b.15a (16-49)	Fall 2010, as proposed.	The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. 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, with the approval of the Board.
State Real Estate Commission   —Education— 49 Pa. Code § 35.384 and 35.385 (16A-5613)       —Initial Licensure 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)   —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620)     —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Fall 2010, as proposed.           Fall 2010, as final.                 Fall 2010, as final.           Fall 2010, as proposed.         Fall 2010, as proposed.         Fall 2010, 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 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.     The proposed regulation would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. 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)   —Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement— 49 Pa. Code Chapters 47, 48 and 19 (16A-6916)   —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as final.             Fall 2010, as final.                   Fall 2010, 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 proposed rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, 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)	Fall 2010, as proposed.           Fall 2010, as final.	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)   —Fee for Out-of-state RV Dealer Participating in a Show— 49 Pa. Code § 19.4 (number not yet assigned)	Fall 2010, as proposed.         Fall 2010, 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).   This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-state RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).	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)     —Licensure, Continuing Education— 49 Pa. Code Chapter 31 (16A-5724)   —Schedule of Civil Penalties— Veterinarians and Veterinary Technicians— 49 Pa. Code § 43b.21a (16A-51)	Fall 2010, as proposed.         Fall 2010, as proposed.         Summer 2010, as proposed.           Spring 2010, 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.   The proposed regulation would update the Board's regulations with regard to original licensure, temporary permits, license renewal and continuing education. Statutory Authority: Sections 5(2), 8, 11 and 18 of the Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.5(2), 485.8, 485.11 and 485.18).   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, with the approval of the Board.	Michelle Roberts [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 247.11. Priority of forfeitures, 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.)	The final rulemaking package is proceeding consistent with the CDL.	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 § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	The proposed rulemaking package is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11.	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 § 247.51. Time for Recomputation of Annuity. (The proposed language would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j).)	2010	This new regulation would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event.	Brian McDonough, 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.)	2011	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 § 243.8. Membership rules for educational employees.	2011	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]
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.)	2011	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]
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2011, 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 2011, 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 chairperson and minority chairperson 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
43—Temporary Registration Cards and Plates   67 Pa. Code Chapter 43	December 2010.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver [phone]
175—Vehicle Equipment and Inspection   67 Pa. Code Chapter 175	December 2010.	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings. The regulation revisions also propose to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth.	John Munafo [phone]
21—Odometer Read Disclosure Statements   67 Pa. Code Chapter 21	December 2010.	Changes are needed to bring the regulation current with the Vehicle Code to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver [phone]
23—Delivery of Certificates of Title   67 Pa. Code Chapter 23	December 2010.	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver [phone]
17—Authorization to Verify ID Numbers   67 Pa. Code Chapter 17	December 2010.	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver [phone]
71—School Bus Drivers   67 Pa. Code Chapter 71	July 2010.	The regulations will be updated and published for the second and final time, which will clarify the requirements for diabetic drivers.	Scott Shenk [phone]
83—Physical & Mental Criteria—Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code Chapter 83	July 2010.	The regulation will be updated and published for the second and final time, which will update 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.	Scott Shenk [phone]
84—Dual Control Learner's Permit   67 Pa. Code Chapter 84	September 2010.	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Scott Shenk [phone]
105—Mechanical Electrical and Electronic Speed Timing Devices   67 Pa. Code Chapter 105	August 2010.	The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures.	John Munafo [phone]
255—Messenger Services   67 Pa. Code Chapter 255	December 2010.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver [phone]
471—Airport Rating & Licensing; 47—Aviation Development Grants; 477—Local Real Estate Tax Reimbursement Grants; 479—Obstructions to Aircraft   67 Pa. Code Chapters 471, 473, 477 and 479	July 2010.	The various chapters of the regulation need to be updated as described as follows.   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]
Chapter 427—Public Transportation (Act 44 of 2008)	October 2010.	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. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2009. Permanent regulations must be published by July 18, 2011. Additional sections will be added to the temporary regulations and some sections in the temporary regulations will be revised/updated.	LaVerne Collins [phone]
Chapter 175.96— Vehicle Equipment and Inspection Regulations	September 2010.	The motor vehicle code does not allow for the utilization of laser guided systems which is an innovative technology that could be used to increase quality, efficiency, and safety associated with snow plow and line painting operations. We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96(h) as it pertains to Department operations.	James Smith [phone]
Chapter 233 Automated Red Light Enforcement	September 2010.	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.	Glenn Rowe [phone]

[Pa.B. Doc. No. 10-1132. Filed for public inspection June 18, 2010, 9:00 a.m.]