1168 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[38 Pa.B. 3420]
[Saturday, June 21, 2008]

   Eecutive 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 25th publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
Pa. Code Title VI Chapter 3 Fair Hearings and Appeals	December 2009.	An internal PDA review has been completed and changes are not required in the regulations at this time. PDA is in the process of reviewing the fair hearing and appeal procedures in conjunction with the Office of Long -Term Living.	Denise Getgen [phone]
Pa. Code Title VI Chapter 11 Older Adult Daily Living Centers	September 2008, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of long term care services.	Denise Getgen [phone]
Pa. Code Title VI Chapter 15 Protective Services for Older Adults	December 2009, as proposed.	The law and regulations will continue to be reviewed in light of pending legislation and the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional.	Denise Getgen [phone]
Pa. Code Title VI Chapter 20 Family Caregiver Support Program	December 2009, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussion regarding development of the family caregiver support program.	Denise Getgen [phone]
Pa. Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 2009, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of community living alternatives.	Denise Getgen [phone]
Pa. Code Title VI Chapter 23 Long Term Care Ombudsman Program	December 2008, as proposed.	The Department wishes to promulgate regulations for the Long Term Care Ombudsman program in order to bring it into conformity with national standards.	Denise Getgen [phone]
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2, 3 and 16	December, 2008, as proposed.	This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389).	David Griswold, DVM [phone]
Cervidae 7 Pa. Code Chapter 18	December , 2008, 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).	David Griswold, DVM [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 20a	December, 2008, as proposed.	Act 211 of 2002 will require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa.C.S. §§ 2501--2504).	David Griswold, DVM [phone]
Amusement Rides 7 Pa. Code Chapter 139	August, 2008, as final.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	John Dillabaugh [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	September, 2008, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Cheryl Cook [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	September, 2008, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173 including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Cheryl Cook [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	January, 2009, as proposed.	This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes.	David Scott [phone]
Fertilizer Regulations 7 Pa. Code Chapter 73	September, 2009, 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	September, 2009, as proposed.	This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S.A. §§ 6901--6921 (Soil and Plant Amendment Act).	John Breitsman [phone]
Dog Law 7 Pa. Code Chapters 23, 25 and 27	This proposed regulation has been withdrawn as of May 17, 2008.	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. § 459-10 et seq.) is the statutory basis for this regulation.	Jessie Smith Special Deputy Secretary [phone]
Clean and Green Regulations 7 Pa. Code Chapter 137b	March, 2008, as proposed.	This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation.	Douglas Wolfgang [phone]
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	July, 2008, as proposed.	This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulation.	Douglas Wolfgang [phone]
Seed Testing Labeling and Standards 7 Pa. Code Chapter 111	November, 2008, as final.	This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S.A §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
General Provisions for Seed Certification 7 Pa. Code Chapter 113	November, 2008, as final.	This regulation will replace 7 Pa. Code Chapter 113 and implement the provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
Standards for Seed Certification 7 Pa. Code Chapter 115	October, 2008, as final.	This regulation will replace 7 Pa. Code Chapter 115 and implement the provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
Odor Management Plan Writer Certification 7 Pa. Code Chapter 130f	Notice of proposed rulemaking was published at 37 Pa. B. 5793 (October 27, 2007).   August, 2008, as final.	This regulation will add section 130f to 7 Pa. Code. The regulation is required by Act 38 of 2005 (commonly referred to as ACRE). The regulation establishes certification requirements for public, commercial and independent odor management plan writers.	Johan Berger [phone]
BANKING
Annual Assessment Regulation	Early 2009	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz Chief Counsel [phone]
Regulations defining proper conduct of the mortgage loan business	Mid - 2008	63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212.	Carter D. Frantz Chief Counsel [phone]
Regulations governing check cashing business	Early 2009	63 P. S. § 2304(1)	Carter D. Frantz Chief Counsel [phone]
Regulations governing money transmission business	Early 2009	7 P. S. § 6114	Carter D. Frantz Chief Counsel [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Neighborhood Assistance Program 12 Pa. Code Chapter 135 (Regulation)	Fall of 2008	The purpose of the regulation is to establish new special program priorities and to update the regulation with respect to recent legislative changes to the Neighborhood Assistance Act.	Jill Busch [phone]
Industrialized Housing and Components 12 Pa. Code Chapter 145 (Proposed Regulation)	Fall of 2008	The purpose of the proposed regulation is to update the regulations to keep pace with changes in the housing industry.	Jill Busch [phone]
COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time.
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	Publish proposed rulemaking September 2008	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, 1340.502)	Matt Beaver, [phone] Susan Wood, Esq. [phone]
State Forest Picnic Areas (Chapter 23)	Publish proposed Rulemaking September 2008	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, 1340.502)	Matt Beaver, [phone] Susan Wood, Esq. [phone]
CORRECTIONS
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	August, 2008 as final.	The regulations are being revised to eliminate unnecessary regulations and amending necessary regulations to be consistent with current correctional practice.	William Sprenkle [phone]
Promulgation of state intermediate punishment regulations.	July, 2008, as final.	The regulations will replace the guidelines currently in effect.	Randall N. Sears [phone]
Amendments to 37 Pa. Code § 94.4	September, 2008, as proposed.	The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates.	Randall N. Sears [phone]
EDUCATION
Higher Education-- Institutional Approval 22 Pa. Code, Chapter 40	October 2008, as final.	These regulations establish procedures for the approval and operation of independent two-year college, college seminary or university, or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees.	Jim Buckheit   or   Deborah Wynn [phone]
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & C	Summer 2008, 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, 24 P. S. Section 1-101, et. seq.	John Tommasini [phone]
Academic Standards and Assessment, 22 Pa. Code, Chapter 4	November 2008, as final.	These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma.	Jim Buckheit [phone]   or   Diane Castelbuono [phone]
Higher Education-- Program Approval 22 Pa. Code, Chapter 42	October 2008, as final.	These regulations establish procedures for approval of specialized associate degree programs, upper division programs at 2-year and community colleges, graduate programs and vocational education programs.	Jim Buckheit   or   Deborah Wynn [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code, Chapters 51, 53, 55, 57, 61 and 63	Fall 2008, 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. § 6701 et. seq.)	Linda Rhen [phone]   or   Parker Martin [phone]
Academic Standards and Assessment-- 22 Pa. Code Chapter 4 Appendix A Academic standards for reading, writing, speaking and listening and mathematics	September 2008, as proposed.	Chapters 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on state academic standards. The standards for reading, writing, speaking and listening and mathematics were issued in January 1999. The Board, in accordance with § 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and correcting the standards.	Jim Buckheit   or   Deborah Wynn [phone]
Academic Standards and Assessment-- 22 Pa. Code Chapter 4 Appendix A Academic standards for science and technology, environment and ecology, history, civics and government, economics and geography	January 2009, as proposed.	Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on State academic standards. The standards for science and technology and environment and ecology were issued in January 2002. The standards for the social studies (history, civics and government, economics and geography) were issued in January 2003. The Board, in accordance with Section 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and correcting the standards.	Jim Buckheit   or   Deborah Wynn [phone]
Regulations for Pennsylvania Pre-K Counts, Section 1511D, of Act 45, Amending the School Code	December 2008, as proposed, Final-Omitted Regulations	These regulations implement the guidelines, standards and procedures relevant to the Pennsylvania Pre-K Counts program providing early childhood educational opportunities to 3 and 4 year-olds by local educational agencies, child care centers and group child care homes, Head Start grantees and licensed nursery schools as final-omitted regulations.	Harriet Dichter [phone]   or   Linda Brown Warren [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure	The Environmental Hearing Board intends to submit proposed rulemaking in June or July 2008.	The Environmental Hearing Board Rules Committee has recommended revising the Board's rules of practice and procedure to add new rules addressing the following issues: 1) default judgment; 2) withdrawal of appeals without prejudice; 3) prepyment of penalties and 4) expedited litigation. The Rules Committee has also recommended revisions to existing rules, including summary judgment, discovery, participation in litigation by parties of interest. The Board is also considering a pilot project before adopting a new rule on electronic discovery.	Maryanne Wesdock [phone]
ENVIRONMENTAL PROTECTION
Areas Unsuitable for Surface Mining 25 Pa. Code, Chapter 86	FY 08-09	Proposed designation of 3,200 acre Muddy Run Watershed in NE Cambria County as Unsuitable for Mining. A designation would protect a drinking water supply for over 550 households.	Geoff Lincoln [phone] [e-mail]
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 77	FY 08-09	Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including, hydrologic data requirements.	Bill Allen [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code, Chapter 78	FY 08-09	Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to bond amount and plugging procedures to attain a more effective seal; quantity and quality for replacement water supplies as well as adequate operation and maintenance; and alternate requirements for casing, cementing and plugging wells through mineable coal seams to facilitate future mining through the wells or recovery of coal bed methane prior to mining.	Ron Gilius [phone] [e-mail]
Remining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation & Reclamation Act 25 Pa. Code, Chapters 86, 87, and 88	FY 08-09	Revisions to Chapter 86--88 to include remining financial guarantees proposal, and revisions to address program conditions that are currently inconsistent with federal OSM rules, including self-bonding, decisions on incidental coal extraction, coal exploration on areas unsuitable for mining, impoundment design criteria, and disposal of noncoal waste and NPDES permit-by-rule for abandoned mine discharges.	Bill Allen [phone] [e-mail]
Water Supply Replacement Surface Mining Conservation & Reclamation Act 25 Pa. Code, Chapters 87, 88	FY 08-09	Revisions to Chapters 87and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies.	Keith Brady [phone] [e-mail]
Mine Subsidence Insurance Fund General Provisions The Act of August 23, 1961 (P. L. 1068, No. 484), as amended, (52 P. S. §§ 3201--3225) (Act). 25 Pa. Code, Chapter 401 *See note in Summary	FY 08-09	Revisions to Chapter 401 to expand Mine Subsidence Insurance (MSI) coverage to apply to appurtenances to structures as well as to structures, the removal of provisions that change periodically, such as premium rates and policy limits, so that they can be provided in the insurance policy, the explicit authority to provide grants, the option to compensate for the cost to repair or the diminution in market value (this option will allow an otherwise uninsurable to continue to carry coverage after a loss), and other editorial changes.   *Note: Section 19 of the Act provides that the MSI Board has the authority to promulgate rules and regulations and to establish other provisions of the insurance policy as it deems prudent.	Larry Ruane [phone] [e-mail]
Mining Program Fees Surface Mining Conservation and Reclamation Act, Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapters 77, 86, 210 & 211.	FY 08-09	Increase permit application fees to support program activities.	Bill Allen [phone] [e-mail]
Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code, Chapter 85	FY 08-09	This proposal will update Chapter 85 based on the bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County.	Andrew Zemba [phone] [e-mail]
Administration of Sewage Facilities Planning Program 25 Pa. Code, Chapter 71	FY 08-09	Comprehensive reorganization and revision to replace Chapter 71 with Chapter 71a. Major revisions include restructuring and updates based on changes to other regulations.	John Diehl [phone] [e-mail]
Administration of Sewage Facilities Permitting Program 25 Pa. Code, Chapter 72	FY 08-09	Comprehensive reorganization and revision to replace Chapter 72 with Chapter 72a. Major revisions include restructuring and updates based on changes to other regulations.	John Diehl [phone] [e-mail]
Standards for Sewage Disposal Facilities 25 Pa. Code, Chapter 73	FY 08-09	Comprehensive reorganization and revision to replace Chapter 73 with Chapter 73a. Major revisions include replacing the current prescriptive standards with performance standards.	John Diehl [phone] [e-mail]
General Provisions Clean Streams Law 25 Pa. Code, Chapter 91	FY 08-09	This proposal will include amendments to Chapter 91 to require a management plan as part of the permit application, and clarify issuance of innovative technology permits for wastewater treatment facilities. The proposal will also include revisions to account for changes to CAFO regulations.	Parimal Parikh [phone] [e-mail]
National Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES Clean Water Act Clean Streams Law 25 Pa. Code, Chapter 92	FY 08-09	Comprehensive reorganization and revision to replace Chapter 92 with Chapter 92a, organized similarly to 40 CFR 122. Major revisions include provisions for a new fee structure, permit-by-rule for Single Residence STPs, and provisions for issuance of NPDES permits covering a watershed.	John Wetherell [phone] [e-mail]
Clark Creek, et al Stream Redesignations Package Clean Streams Law 25 Pa. Code, Chapter 93	FY 08-09	This proposal identifies six streams UNT Lackawanna River (Clark Creek) (Wayne County), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), Hammer Creek, (Lebanon & Lancaster Counties), Spring Mill Creek (Montgomery County), and Cacoosing (Berks County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister [phone] [e-mail]
Blue Eye Run, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code, Chapter 93	FY 08-09	This proposal identifies seven stream segments (Blue Eye Run (Warren County), E. Br. Dyberry Creek (Wayne County), East Hickory Creek (Warren County), Muncy Creek (Sullivan County), Spruce Run (Union County), UNT Tunkhannock Creek (Susquehanna County), and Young Womans Creek (Clinton County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams.	Rodney McAllister [phone] [e-mail]
Triennial Review of Water Quality Standards Clean Streams Law 25 Pa. Code, Chapter 93 Water Quality Standards and Chapter 16 Water Quality Toxics Management Strategy--Statement of Policy	FY 08-09	This review identifies amendments to the Water Quality Standards and the Water Quality Toxics Management Strategy--Statement of Policy. Water Quality Criteria and Standards in Chapters 93 and 16 are revised to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. These amendments will also merge portions of Chapter 16 into the regulations in Chapter 93.	Tom Barron [phone] [e-mail]
Municipal Wasteload Management 25 Pa. Code, Chapter 94	FY 07-08	Comprehensive Review and revisions to the Chapter. Major changes under consideration include eliminating the ''maximum monthly average daily flow'' parameter.	Kevin McLeary [phone] [e-mail]
Water Quality Standards Implementation Clean Streams Law 25 Pa. Code, Chapter 96	FY 07-08	Redress known sources of impairment. Plan for TMDL and Watershed--Based Permitting. Provide for regulatory coverage of existing policies and practices.	Tom Starosta [phone] [e-mail]
Public Notification Revisions Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY 08-09	Amendments to several sections in Chapter 109 to strengthen the public notification (PN) requirements for imminent threat situations. Will include enhancements to the pre-planning requirements in the Operation and Maintenance Plan and Emergency Response Plan sections, and revisions to the Tier 1 PN delivery requirements.	Lisa Daniels [phone] [e-mail]
Stage 2 Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY 08-09	This rule will implement the requirements of the federal Stage 2 DDBR that was effective March 6, 2006. The rule will require community water systems and noncommunity water systems, which treat drinking water with a primary disinfectant other than UV to conduct additional compliance monitoring for trihalomethanes and haloacetic acids.	Kevin McLeary [phone] [e-mail]
Long Term 2 Enhanced Surface Water Treatment Rule Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY 08-09	This rulemaking will amend the Department's Safe Drinking Water regulations to further protect public health against Cryptosporidium and other microbial pathogens in drinking water. The proposed amendments will apply to public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water.	Ed Chescattie [phone] [e-mail]
Chapter 109 General Update Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY 08-09	This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and reporting requirements for lead, copper, arsenic, radionuclides inorganic chemicals, volatile synthetic organic chemicals, and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; reporting requirements for failure to monitor; and compliance determinations for the chemical contaminates. The update also will include mandatory electronic data reporting requirements.	Lisa Daniels [phone] [e-mail]
Operator Certification Program 25 Pa. Code, Chapter 302	FY 08-09	These regulations formalize requirements for certification of drinking water and wastewater system operators.	Veronica Kasi [phone] [e-mail]
Lead and Copper Short Term Revisions Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY 08-09	Amendments to incorporate the Federal lead and copper short term revisions into Chapter 109. This Rule will strengthen the implementation of the LCR in the following areas: monitoring, treatment processes, public education, customer awareness, and lead service line replacement.	Lisa Daniels [phone] [e-mail]
Drinking Water Fees Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY 08-09	Amendments to update drinking water program fees	Lisa Daniels [phone] [e-mail]
Microbial Pathogens in Groundwater Rule and Variance and Exemptions Minor Revisions 25 Pa. Code, Chapter 109	FY 08-09	This rulemaking will incorporate the Environmental Protection Agency's Final Ground Water Rule, which was promulgated on November 8, 2006, to provide for increased protection against microbial pathogens in public water systems that use ground water sources. It will also incorporate some minor variance and exemptions revisions to be consistent with Federal regulations.	Kevin McLeary [phone] [e-mail]
Water Resources Planning Water Resources Planning Act 25 Pa. Code, Chapter 110	FY 08-09	Addition of new Chapter 110 (Water Resources) establishing requirements for the registration, record keeping and periodic reporting of water withdrawals and water uses in accordance with the Water Resources Act (Act 220 of 2002) to provide information for water resources planning and development of the State Water Plan.	Susan Weaver [phone] [e-mail]
Erosion and Sediment Control and Stormwater Management Clean Streams Law 25 Pa. Code, Chapter 102	FY 08-09	Several major modifications /revisions include: addition of provisions from Chapter 92 that relate to NPDES permitting requirements for discharges associated with Construction activity; incorporate post construction storm water management; incorporate buffer provisions; and revise permit requirements.	Barbara Beshore [phone] [e-mail]
Dam Safety and Waterways Management Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code, Chapter 105	FY 08-09	Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria.	Kenneth Murin [phone] [e-mail]
Control of Nitrogen Oxide (NOx) Emissions from Glass Furnaces Air Pollution Control Act, 25 Pa. Code, Chapters 121 and 129	FY 08-09	The proposed rulemaking establishes nitrogen oxide (NOx) emission control requirements, emission standards and emission limitations for glass melting furnaces during the ozone season (May 1 through September 30) and related administrative requirements for glass melting furnaces, starting in May 2009. Adoption of NOx emission limits for glass melting furnaces is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. In addition, the strategy will also provide NOx emission reductions necessary to reduce the formation of fine particulates and regional haze.	Jane Mahinske [phone] [e-mail]
Control of Nitrogen Oxide (NOx) Emissions from Cement Kilns Air Pollution Control Act 25 Pa. Code, Chapters 121, 129 and 145	FY 08-09	The proposed rulemaking would revise existing NOx emission limits for cement kilns by establishing allowable NOx emission limits for certain types of cement kilns. The proposed rulemaking includes several compliance demonstration options including compliance on a kiln-by-kiln basis, emissions averaging and use of Clean Air Interstate Rule (CAIR) NOx Ozone Season allowances. Adoption of NOx emission limits for cement kilns is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce the transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Department will also make progress in achieving and maintaining the fine particulates NAAQS.	Jane Mahinske [phone] [e-mail]
Diesel Vehicle Idling Air Pollution Control Act 25 Pa. Code, Chapters 121 and 126	FY 08-09	This final-form rulemaking would establish a new Subchapter F to place time limitations on idling of heavy-duty diesel vehicles to reduce emissions of several pollutants. Exemptions would be provided.	Arleen Shulman [phone] [e-mail]
Consumer Products Air Pollution Control Act 25 Pa. Code, Chapter 130	FY 08-09	The final-form rulemaking revises the consumer product regulation to add additional categories of regulated products. The revisions will reduce volatile organic compound and hazardous air pollutant emissions. The reductions are reasonably necessary to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard.	Susan Hoyle [phone] [e-mail]
Adhesives and Sealants Air Pollution Control Act 25 Pa. Code, Chapter 129 and Chapter 130	FY 08-09	The proposal would adopt volatile organic compound (VOC) content limits for 37 categories of adhesives, adhesive primers, sealants, sealant primers, and adhesives applied to certain substrates. The proposal 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 proposal would be consistent with regulatory initiatives recommended by the Ozone Transport Commission to address regional transport of ozone precursor emissions.	Martin Felion [phone] [e-mail]
Fees Air Pollution Control Act 25 Pa. Code, Chapters 127 and 139	FY 08-09	The proposed rulemaking will amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking also adds a new section to address fees for risk assessment applications. The proposed rulemaking will amend the existing emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking will also establish a fee schedule in new Subchapter D of Chapter 139 (relating to testing, auditing and monitoring fees), to add new categories of fees to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS).	Dean Van Orden [phone] [e-mail]
High Electric Demand Day (HEDD) Air Pollution Control Act 25 Pa. Code, Chapter 145	FY 08-09	The proposal would amend Chapter 145 to limit emissions of nitrogen oxides from electric generating units and emergency generator sets that are smaller than 25 megawatts through limits on NOx emissions or through the purchase of Clean Air Interstate Rule NOx allowances. The proposal would reduce emissions from small uncontrolled units that produce aggregate emissions of NOx on high electric demand days during the ozone season. HEDD units are a significant contributor to NOx emissions on these days. Adoption of NOx emission limits for HEDD is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard.	Randy Bordner [phone] [e-mail]
Radiological Health and Radon Certification Fees 25 Pa. Code, Chapters 218 and 240	FY 08-09	The amendments in Chapter 218 will increase the annual fees for registration of radiation-producing machines, radiation-producing machine service provides, accelerator licenses and radioactive material licenses as well as the hourly rate professional fee associated with certain full cost recovery licenses. The amendments in Chapter 240 will increase the application fees for certification of radon services.	L. Ray Urciuolo [phone] [e-mail]
Hazardous Waste Program Solid Waste Management Act 25 Pa. Code, Chapters 260--270	FY 08-09	This proposed regulation revises various chapters in Article VII (Hazardous Waste Management) of Subpart D that govern the generation, treatment, storage, transportation and disposal of hazardous waste.	Rick Shipman [phone] [e-mail]
Administration of the Storage Tank and Spill Prevention Program Storage Tank and Spill Prevention Act 25 Pa. Code, Chapter 245	FY 08-09	Revisions to Chapter 245 to provide for training requirements for three distinct classes of underground storage tank system operators. The proposal will include a description of the classes of operators, required training for each class of operator, deadlines when operator training is required, and acceptable forms of training. The Federal Energy Policy Act of 2005 required EPA to publish operator training guidelines by August 8, 2007. States receiving Federal funding under Subtitle I of RCRA must develop State-specific operator training requirements consistent with the EPA guidelines by August 8, 2009.	Ray Powers [phone] [e-mail]
Municipal and Residual Waste Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code, Chapters 271--285 and 287--299	FY 08-09	These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002.	Kim Hoover [phone] [e-mail]
Administration of the Land Recycling Program (Act 2) Land Recycling and Environmental Remediation Standards Act 25 Pa. Code, Chapter 250	FY 08-09	Revisions to Chapter 250 (Administration of the Land Recycling Program) This proposal includes a number of miscellaneous revisions to the regulations and an update of the Statewide Health Standards Tables based on new toxicological information.	Dave Crownover [phone] [e-mail]
Environmental Laboratory Accreditation Environmental Laboratory Accreditation Act (Act 90 of 2002) (27 Pa.C.S. §§ 4101 et seq.) 25 Pa. Code, Chapter 252	FY 08-09	This rulemaking will include a number of amendments to clarify several provisions of the existing regulations in Chapter 252, including the fee structure, definitions, accreditation by rule parameters, and NELAP equivalency.	Martina Q. McGarvey [phone] [e-mail]
Facility Odor Management 25 Pa. Code, Chapter 83	FY 08-09	This rulemaking provides the State Conservation Commission with oversight to manage the impact of odors generated from animal housing facilities and manure storage facilities on high-density livestock and poultry operations, referred to as Concentrated Animal Operations and from Concentrated Animal Feeding Operations.	Doug Brennan [phone] [e-mail]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
GENERAL SERVICES
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 and 47	Fall 2008, as final omitted	These regulations will be updated to reflect current agency practice and procedure.	Mary Benefield Seiverling [phone]
Responsibility, 4 Pa. Code Chapter 60	Fall 2008, as proposed	This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Mary Benefield Seiverling [phone]
Prequalification Procedures, 4 Pa. Code Chapter	Fall 2008, as proposed	These new regulations will establish procedures to prequalify bidders and offerors as authorized by § 532 of the Procurement Code.	Mary Benefield Seiverling [phone]
Committee on Construction Contract Documents, 4 Pa. Code Chapter 62	Summer 2008, as final omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Mary Benefield Seiverling [phone]
Selections Committee, 4 Pa. Code Chapter 64	Fall 2008, as final omitted	These regulations will be reviewed to ensure that they accurately reflect present practice and are consistent with the Procurement Code.	Mary Benefield Seiverling [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67	Fall 2008, as final omitted	The regulations should be amended to more accurately reflect present practice and to delete antiquated contract provisions.	Mary Benefield Seiverling [phone]
Contract Compliance 4 Pa. Code Chapter 68	Winter 2008, as final omitted	References to the Human Relations Commission will be replaced and current procedures under the DGS programs included.	Mary Benefield Seiverling [phone]
Methods of Awarding Contracts, 4 Pa. Code Chapter 69	Summer 2008, as final omitted	These regulations should be repealed since they have been superseded by enactment of the Commonwealth Procurement Code.	Mary Benefield Seiverling [phone]
Commonwealth Parking Facilities, 4 Pa. Code Chapter 71	Summer 2008, as final omitted	The regulations do not reflect changes to agency procedure and practice and the continuing changes to the Capitol Complex.	Mary Benefield Seiverling [phone]
Commonwealth Automotive Fleet 4 Pa. Code Chapter 73	Winter 2008, as final omitted	These regulations need to be reviewed and updated to reflect current practice.	Mary Benefield Seiverling [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications, 4 Pa. Code Chapter 81	Fall 2008, as final omitted	These regulations should be revised since the DGS Bureau of Management Services no longer has responsibility for processing subscriptions and orders for the Pennsylvania Code.	Mary Benefield Seiverling [phone]
Bookstore Operations, 4 Pa. Code Chapter 83	Fall 2008, as final omitted	These regulations should be revised since the bookstore operations were transferred to the Pa Historical and Museum Commission by statute.	Mary Benefield Seiverling [phone]
Exercise of First Amendment Rights on Commonwealth Property 4 Pa. Code Chapter 85	Summer 2008, as final omitted	The regulation will be rewritten to reflect the current organizational structure and to conform to changes which will be made to the Statement of Policy in Chapter 86	Mary Benefield Seiverling [phone]
Use of the Forum 4 Pa. Code Chapter 87	Summer 2008, as final omitted	The regulations will be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure.	Mary Benefield Seiverling [phone]
HEALTH
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.	September 2008, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act (35 P. S. §§ 448.101--448.904b).	Barbara Holland [phone]   James T. Steele [phone]
Communicable Diseases 28 Pa. Code § 27.1 et seq.	January 2009, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation and revise language pertaining to reportable diseases. Pursuant to the Disease Prevention and Control Law of 1955 (35 P. S. §§ 521.1--521.21). Regulations are currently being distributed internally for review and discussion.	Jalene Kolb [phone]
Supplemental Nutrition Program for Women, Infant's and Children (WIC) 28 Pa. Code § 1101.1 et seq.	August 2008, as proposed.	The amendments to existing regulations will bring the Commonwealth into compliance with the requirements of the federal Child Nutrition and WIC Reauthorization Act of 2004. Pursuant to the Child Nutrition and WIC Reauthorization Act of 2004, Pub. L. No. 108-265, § 203, 118 Stat. 729, 771-780. See, 42 U.S.C. § 1786.	Douglas Snyder [phone]
School Immunization Requirements 28 Pa. Code §§ 23.83 and 23.86	January 2009, as Final.	The amendments to existing regulations will revise immunization requirements for school entry and attendance, add a grace period for the provision of vaccinations in order for them to be considered valid, and change school reporting requirements to require reporting of doses of vaccine given. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; the Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949 (24 P. S. § 13-1303a).	Yvette M. Kostelac [phone]
Drug and Alcohol confidentiality, disclosure of client-oriented information. 4 Pa. Code § 255.5 (a) (in part) and (b).	January 2009, as final.	The amendment of existing regulations will rescind and amend parts of 4 Pa. Code § 255.5(a) and 4 Pa. Code § 255.5(b), relating to disclosure of information and restrictions on the type of information which can be disclosed to various individuals and entities. Pursuant to 71 P. S. § 751-25 and 71 P. S. § 1690-101 et seq.	Keith B. Fickel [phone]
Health Facility Licensure Home Care Agencies and Home Care Registries 28 Pa. Code Chapter 611	July 2008, as final.	These new regulations are being promulgated pursuant to Section 803(10) of the Health Care Facilities Act, Act of July 19, 1979 (P. L. 130, No. 48), as amended, 35 P. S. § 448.803(1), and Act 2006-69 at § 809.1. Act 69 of 2006 expressly authorized the Department to set licensure standards for home care agencies and home care registries. Home care agencies employ direct care workers and home care registries refer direct care workers who are independent contractors to provide home care services to individual in their home or other independent living environment. Home care services include assistance with activities of daily living and instrumental activities of daily living, companionship, respite care and other non-medical services. The regulations were published as proposed on August 11, 2007. Final regulations have been prepared and are with the Governor's Budget, Policy and Legal Office for review and approval.	Karin Simpson [phone]
Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders 28 Pa. Code Chapter 719	September 2008, as proposed	These new regulations would be promulgated, simultaneously with identical regulations from the Department of Public Welfare, to permit providers of drug & alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records, and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031, and 1051--1059), as transferred to the Department under Reorganization Plan No. 2 of 1977 (71 P. S. §  751-25) and Reorganization Plan No. 4 (71 P. S. §  751-31), and the Drug and Alcohol Abuse Control Act (71 P. S. §§ 1690.101--1690.114).	Robert T. Datorre [phone]
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b) 2, 963.13(c), 963.14(a), 963.15(a), 963(15) (c), 25 Pa. Code § 965.4(9), and 25 Pa. Code § 965.7.	Winter 2008	PENNVEST recommends the following revisions: (1)  Delete 25 Pa. Code § 963.12(a) (6) in its entirety and the second sentence of 25 Pa. Code § 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. (2)  Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. (3)  Amend 25 Pa. Code § 963.13 (c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month. (4)  Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary. (5)  Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (6)  Amend 25 Pa. Code § 963.15 (c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (7)  Amend 25 Pa. Code § 965.4 (9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (8)  Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million.	Shawn W. Weis [phone]
INSURANCE
Continuing Education for Insurance Agents and Brokers, 39, §§ 39.1--39.12, New Chapter 39a	Fall 2008, as proposed.	Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute. This regulation will be updated to reflect education and training of producers.	Peter J. Salvatore, Regulatory Coordinator [phone]
Motor Vehicle Financial Responsibility Law-- Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--67.28	Winter 2008, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, Regulatory Coordinator [phone]
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.19	Winter 2008, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Actuarial Opinion and Memorandum Regulation, 31 Pa. Code, Chapter 84b, §§ 84b.1--84b.11	Fall 2008, as final.	To comply with the NAIC model regulation.	Peter J. Salvatore, Regulatory Coordinator [phone]
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Fall 2008, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Fall 2008, as final.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Annual Audited Insurers' Financial Report Regulation, 31 Pa. Code, Chapter 147, §§ 147.1--147.15	Winter 2008, as proposed.	Amend to remain consistent with NAIC model.	Peter J. Salvatore, Regulatory Coordinator [phone]
Military Sales Model Regulation, New Regulation	Summer/Fall 2008, as proposed.	To adopt the NAIC model in response to Congress' direction in Section 9 of the Military Personnel Financial Services Protection Act.	Peter J. Salvatore, Regulatory Coordinator [phone]
LABOR AND INDUSTRY
Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety.	Submit final-omitted regulation in Summer 2008.	Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority.	Edward Leister [phone]
Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety.	Submit proposed rulemaking in Summer 2008.	Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards.	Edward Leister [phone]
Storage and Use of Flammable and Combustible Liquids, Title 37, Part I Chap. 13, Bureau of Occupational and Industrial safety	Submit proposed rulemaking in Summer 2008.	Amend existing regulations to provide requirements for unattended self-service stations.	Jack Davenport [phone]
Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services	Submit proposed rulemaking in Fall 2008.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	David DeNotaris [phone]
Office of Vocational and Rehabilitation, Title 34.	Submit final rulemaking in Spring 2008.	Regulations will govern the registration process and implement the Sign Language Interpreter and Transliterator Registration Act which was enacted in 2004. (Act 57 of 2004).	Sharon Behun [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services	Submit proposed rulemaking in Summer 2008.	Update Unemployment Compensation tax and select benefit regulations.	Scott Miedrich [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits	Submit proposed rulemaking in Summer 2008.	Update requirements and procedures for filing benefit claims and applications.	Jeri Morris [phone]
Unemployment Compensation, Title 34, Chapter 101, Unemployment Compensation Board of Review	Submit proposed rulemaking in Winter 2009.	Update appeal and hearing procedures to reflect evolving procedures and statutory changes.	Edward Rawlings [phone]
Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment	Withdraw proposed rulemaking (#12-72). Submit revised proposed rulemaking Summer 2008.	Update processes governing medical care and costs under the Workers' Compensation Act.	John T. Kupchinsky [phone]
Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance	Submit proposed rulemaking in Summer 2008.	Clarify standards and security requirements for individual self-insured employees.	George Knehr [phone]
Bureau of Workers' Compensation, Title 34, Chapter 131	Submit proposed rulemaking in Summer 2008.	Update procedures for proceedings before workers' compensation judges and incorporating Act 147 of 2006.	Elizabeth A. Crum [phone]
Workers' Compensation Appeal Board, Title 34, Chapter 111	Submit proposed rulemaking in Summer 2008.	Update procedures for Workers' Compensation Appeal Board.	Susan McDermott [phone]
Bureau of Mediation, Title 34	Submit proposed rulemaking in Fall 2008.	Specify procedures and process for Bureau mediators.	William D. Gross [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage	Submit proposed rulemaking in Fall 2008.	Update provisions and rescind expired Food-Service Employee Incentive Program.	James A. Holzman [phone]
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes 43 Pa. Code Section 7.1 et seq.	October 2008 as proposed.	This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Dennis T. Guise [phone]
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 204	Final regulations, January 2009.	Act 79 of 2005 requires the Commission to promulgate regulations to implement the Retired Law Enforcement Identification Act.	Syndi L. Guido [phone]
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5(13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''	The proposed regulation was published in the Pa. Bulletin in the fall of 2006. The regulations are currently undergoing IRRC review.	The County Probation and Parole Officers' Education and Training Commission is in the process of promulgating these regulations and anticipates the completion of final regulations by Summer 2008 for publication in the PA Bulletin.	Todd Burns [phone] Ext. 389
The Parole Act, 61 P. S. § 331.21(b) requires the Board to establish rules and regulations for the payment of fees for screening tests for controlled substances.	The draft regulation is expected published in late Fall 2008 or early 2009.	The Board is working on the draft regulation to be submitted for review in mid-Summer 2008 by OGC.	Daniel Hazelett [phone] Ext. 427
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Portions of 22 Pa. Code, Part XIII, Chapters 201, 211, 213, 215	Hearing before IRRC on June 5, 2008, with regulations anticipated to be effective within 1-2 months from the date of the hearing.	This proposal is being made to formalize and clarify current practices, remedy problems that have arisen and reflect issues unique to PSERS. Definitions that simply copy the Retirement Code or were outdated were deleted. Regulations that are outdated were, in some instances, moved to a more appropriate section based on content and then deleted for non-applicability. New regulations were added to provide a clear, concise understanding of the Board's policies and procedures in accordance with the Retirement Code. The majority of the amendments to these regulations were to correct grammatical errors and editorial changes to improve readability and to provide consistency with the Retirement Code.	Frank Ryder [phone]
PUBLIC WELFARE
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	April 2009, as proposed	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children.	Ruth O'Brien [phone]
Administration and Operation of a Children and Youth Social Services Agency 55 Pa. Code Chapter 3680	September 2009, as proposed	This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home.	Ruth O'Brien [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	February 2009, as proposed	This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Family Violence Option 55 Pa. Code Chapter 108	August 2008, as proposed	This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups.	Ruth O'Brien [phone]
Medical Assistance Changes (MAC) 55 Pa. Code Chapters 133, 140, 141, 178 and 181	May 2009, as proposed	This regulation incorporates eligibility requirements for Temporary Assistance for Needy Families (TANF)-related, Supplemental Security Income (SSI)-related and General Assistance (GA)-related Medicaid. Some of the major changes include revisions to: 1) the application and redetermination process; 2) the qualification requirements and eligibility rules for Healthy Beginnings; 3) the income eligibility methodologies for TANF-related categories of Medicaid; 4) the income and resource requirements for the Medicaid Program; 5) Extended Medical Coverage to include provisions as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); 6) the GA-related Nonmoney Payment (NMP) and Medically Needy Only (MNO) eligibility criteria as set forth in Act 35; 7) the qualifying criteria for TANF-related categories to include a new eligibility group as set forth in § 1931 of the Social Security Act.	Ruth O'Brien [phone]
Payment for Burial and Cremation 55 Pa. Code Chapters 283, 285	December 2008 as final-form as proposed	The proposed rulemaking increases the maximum payment to funeral directors for burial or cremation services to a standard $750 for all eligible individuals. This rulemaking also increases maximum level of contributions that may be made by another agency or individual towards burial expenses without reducing the Department payment. This amount is increased from $180 to $750. Additionally, this proposed rulemaking eliminates several restrictive requirements for burial, thus allowing families and funeral directors more flexibility and choice in planning and selecting burial goods and services.	Ruth O'Brien [phone]
Revisions to Special Allowances for Supportive Services 55 Pa. Code Chapter 165	March 2009 as proposed	The purpose of this proposed regulation is to ensure adequate and consistent availability and distribution of special allowances. These special allowances are for supportive services to recipients of cash assistance who are engaged or intend to engage in employment and training activities approved by the Department.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (TANF Reauthorization) 55 Pa. Code Chapter 165	April 2009 as proposed	The purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (Long Term Care Eligibility Requirements) 55 Pa. Code Chapter 178 55 Pa. Code Chapter 258	April 2009 as proposed	This regulation incorporates changes to the eligibility requirements for payment of Long Term Care (LTC) services identified in the Deficit Reduction Act of 2005. Major changes include revisions to the determination of periods of ineligibility for payment of LTC services due to transfers of assets for less than fair market value (FMV), a new eligibility criterion regarding an individual's equity value in his/her home, revision to the spousal impoverishment procedures regarding resource eligibility of a married individual, and implementation of a formal undue hardship process for those individuals denied eligibility for payment of LTC services due to a transfer of assets for less than FMV or because of substantial home equity.   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]
Deficit Reduction Act of 2005 (Citizenship and Identity requirements for Medicaid) 55 Pa. Code Chapters 125, 141, 150 and 201	May 2009, as proposed	The purpose of this regulation is to incorporate revised policies relating to citizenship and identity mandated by the Federal Deficit Reduction Act of 2005 for individuals who are applying and being reviewed for continuing Medicaid.	Ruth O'Brien [phone]
Medical Assistance for Workers with Disabilities (MAWD) 55 Pa. Code Chapter 140	March 2009 as proposed	The purpose of this proposed rulemaking is to make categorically needy Medical Assistance available to individuals with disabilities who are at least 16 years of age or older but under 65 years of age, and who meet established income, resource and work related requirements. Title II of the Ticket to Work and Work Incentives Act of 1999 amended § 1902(a)(10)(A)(ii)(XV) and (XVI) of the Social Security Act and expanded the options for states to provide health care coverage to the individuals working with a disability.	Ruth O'Brien [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	September 2008, 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	September 2008, 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, 1243	November 2008, 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	September 2008, as final-omitted	This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Discontinuance of the Mandatory Second Opinion Program 55 Pa. Code Chapter 1150	June 2009, as final-omitted	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 2009, as proposed	This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chapters 1101, 1141, 1150, 1221	September 2008, as proposed	This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Definition of Medically Necessary 55 Pa. Code Chapter 1101	September 2008, as proposed	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	June 2009, as final-omitted	This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Dental Services 55 Pa. Code Chapter 1149	June 2009, as final-omitted	This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Civil Rights Requirements for Nursing Facilities 55 Pa. Code Chapter 1187	November 2008, 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 2008 as proposed	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]
Changes to Nursing Facility Rate Setting System 55 Pa. Code Chapter 1187	November 2008, as final-omitted	This regulation will support the balancing of long term care by encouraging the continued trend of having nursing facilities serve higher acuity MA recipients, encouraging right sized facilities and decreased reliance on MA payments. Further objectives of this regulation will be to provide greater predictability in rate setting, reduce the number of appeals and incorporate performance standards/incentives to encourage cost effective and high quality care in the most appropriate setting.	Ruth O'Brien [phone]
Medical Assistance Copayment Changes 55 Pa. Code Chapter 1101	September 2008, as final-omitted	This regulation will codify new MA copayment exclusions mandated by the Federal Deficit Reduction Act (DRA) of 2005, and reduce the copayment for brand name drugs identified as preferred on the Department's Preferred Drug List (PDL) as authorized under the DRA. This regulation will be reviewed by the Medical Assistance Advisory Committee (MAAC).	Ruth O'Brien [phone]
Third Party Liability Programs 55 Pa. Code Chapter 259	February 2009, as proposed	Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to ensure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and State's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the State statutory language.	Ruth O'Brien [phone]
Licensure and Approval Appeal Procedures 55 Pa. Code Various Chapters	August 2008, as final-form	This regulation replaces the uncodified regulation at 7 Pa.B. 3266 with the General Rules of Administrative Practice and Procedure (1 Pa. Code Chs. 31--35) for all facilities and agencies certified by the Department.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers 55 Pa. Code Chapter 5260	February 2009, as proposed	This proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents.	Ruth O'Brien [phone]
Residential Treatment Facilities (RTF) for Mental Health Services 55 Pa. Code Chapters 31, 1157, 1165	November 2008, as proposed	This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department.	Ruth O'Brien [phone]
Outpatient Drug and Alcohol Clinic Services 55 Pa. Code Chapter 1223	November 2008, as proposed	This proposed regulation is needed to maintain consistency with the Department of Health licensing definitions and align these regulations with current Federal and State licensing requirements, as well as, current treatment trends.	Ruth O'Brien [phone]
Psychiatric Outpatient Clinics 55 Pa. Code Chapter 5200	September 2008, as proposed	These regulations would be promulgated, simultaneously with identical regulations from the Department of Health, to permit providers of drug and alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records, and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031 and 1051--1059).	Ruth O'Brien [phone]
Intermediate Care Facilities for the Mentally Retarded 55 Pa. Code Chapter 6650	November 2009, as proposed	This regulation applies to private and public residential facilities receiving moneys for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, restraints, incident management, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log.	Ruth O'Brien [phone]
Regulatory Revisions: Adult Training Facilities; Vocational Facilities; Community Homes for Individuals with Mental Retardation; Family Living Homes 55 Pa. Code Chapters 2380, 2390, 6400 and 6500	November 2010 as proposed	The regulatory revisions will establish consistent new business practices for providers to ensure they meet the necessary health and safety needs of the individuals they serve. The regulatory revisions will also increase consistency across services and providers per Federal requirements.	Ruth O'Brien [phone]
Individual Support Plans 55 Pa. Code Chapters 2380, 2390, 6400, 6500	May 2009, as final-form	This proposed rulemaking will amend the current Individual Program Plan/Individual Written Program Plan regulations to reflect current practices and requirements related to Individual Support Plans.	Ruth O'Brien [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
REVENUE
Support Offset and Other Personal Income Tax Provisions	November, 2008, 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	November, 2008, as proposed	The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements.	Douglas Berguson [phone]
Pennsylvania Subchapter S Corporations-- Election Language 61 Pa. Code, Chapter 107a	December, 2008, 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	September, 2008, as proposed	The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced.	Douglas Berguson [phone]
Amendments to 61 Pa. Code, Chapters 73 and 74 Malt Beverage Tax	June, 2008, as proposed	The amendments to Chapters 73 and 74 codify legislative changes relating to the Malt Beverage Tax that were set forth in Act 46 of 2003.	Douglas Berguson [phone]
Pennsylvania Sales and Use Tax Amendments to 61 Pa. Code § 53.1 Clothing	September, 2008, as proposed	The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples.	Douglas Berguson [phone]
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Commissions, Elections and Legislation   Alteration of Local Election Districts-- 4 Pa. Code Chapter 184 (16-36)           --Lobbying Disclosure-- 51 Pa. Code (16-40)	Fall 2008, as Proposed.               Fall 2008, as Final.	The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code (25 P. S. §§ 2701--2750). Statutory Authority: Section 2750 of the Election Code (25 P. S. § 2570) which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting.   This final rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.	Shauna Graves [phone]               L. Lawrence Boyle [phone]
Bureau of Professional and Occupational Affairs--     --Recording Devices-- 49 Pa. Code, §§ 43b.10--43b.102 (number not yet assigned)	Spring 2009, as Proposed.	The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.	Thomas A. Blackburn [phone]
State Board of Accountancy   --Continuing Education 49 Pa. Code §§ 11.61--11.69a (16A-5511)   --Biennial Renewal Fees-- 49 Pa. Code § 11.4 (16A-5512)	Spring 2009, as Proposed.         Spring 2009, as Proposed.	The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law (63 P. S. § 9.3).   This proposed rulemaking would increase the biennial renewal fees for certified public accountants, public accountants, public accounting firms and continuing education program sponsors. Statutory Authority: Section 6 of the C.P.A. Law (63 P. S. § 9.6).	Sara Fox [phone]
State Architects Licensure Board   --Requirements for Examination Eligibility-- 49 Pa. Code § 9.45(b) (16A-419)       --General Revisions-- 49 Pa. Code, Chapter 9 (number not yet assigned)	Fall 2008, as Final.               Spring 2009, as Proposed.	This regulation would adopt a 5-year ''rolling clock'' requirement so that applicants would be required to pass all divisions of the Architect Registration Examination within a rolling 5-year period. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law (63 P. S. § 34.6(a) and (d)).   This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law (63 P. S. § 34.6(a) and (d)).	Penny Walker [phone]
State Athletic Commission   --Communicable Disease Testing-- 58 Pa. Code § 21.8 (16-37)                 --Mixed Martial Arts-- 58 Pa. Code, Chapter 29 (16-41)	Fall 2008, as Final.                       Spring 2009, as Final.	This regulation would alter the Commission's current regulations that authorize the testing of boxers for communicable diseases to require such testing no more than 6 months prior to the date of the application for licensure. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501, authorize the Commission to promulgate regulations implementing changes to the health and safety rules as recommended by the Medical Advisory Board.   This rulemaking would add Chapter 29 (relating to professional and amateur mixed martial arts) to regulate the sport of mixed martial arts. Statutory Authority: Sections 103(b) and 302 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 302, authorize the Commission to establish policy and promulgate rules and regulations regarding professional and amateur boxing contests and exhibitions and all matters pertaining thereto.	Greg Sirb [phone]
State Board of Barber Examiners   --Student Records and Curriculum-- 49 Pa. Code, Chapter 3 (16A-427)	Fall 2008, 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)).	Hillarene Staller [phone]
State Board of Chiropractic   --Chiropractic specialties 49 Pa. Code Chapter 5 (16A-4312)         --Patient records 49 Pa. Code § 5.51 (16A-4313)     --Reactivation of Lapsed Licenses-- 49 Pa. Code § 5.17 (16A-4314)         --Review of Chiropractic Treatment-- 49 Pa. Code Chapter 5 (16A-4315)   --Assistance of unlicensed Supportive Personnel-- 49 Pa. Code Chapter 5 (16A-4316)   --Needle Acupuncture-- 49 Pa. Code § 5.81 (16A-4317)       --Volunteer license-- 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2009, as Proposed.               Fall 2008, as Final.       Fall 2008, as Final.             Spring 2009, as Proposed.           Spring 2009, as Proposed.           Fall 2008, as Proposed.           Fall 2008, 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. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P. S. § 625.302(3)).     The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P. S. § 625.302(3)).   This regulation will update the Board's requirement that a licensee whose license has been inactive for more than 5 years demonstrate current competence in order to reactivate the licensee's license. Statutory Authority: Sections 302(3) and 501(b) of the Chiropractic Practice Act (63 P. S. §§ 625.302(3) and 625.501(b)).   This proposed rulemaking would establish standards for chiropractors who are engaged in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P. S. § 625.302(3)).     This proposed rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act (63 P. S. §§ 624.302(3) and 625.601).     This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act.     This regulation is required to conform the 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)	Spring 2009, as Proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Martha Brown [phone]
State Board of Cosmetology   --General Revisions-- 49 Pa. Code Chapter 7 (16A-4514)       --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.5. (number not yet assigned)	Fall 2008, as Final.           Spring 2009, as Proposed.	This regulation would implement the omnibus amendments to the Beauty Culture Law provided by Act 99 of 2006. Statutory authority: Section 16 of Act 99 requires the Board to promulgate regulations within 18 months of its effective date (September 5, 2006).   This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Hillarene Staller [phone]
State Board of Dentistry   --EFDA Program Approval-- 49 Pa. Code, Chapter 33 (16A-4616)   --Dental Hygienists Scope of Practice/Local Anesthesia-- 49 Pa. Code, Chapter 33 (16A- 4617)         --Sexual Misconduct-- 49 Pa. Code, Chapter 33 (16A-4618)     --General Revisions-- 49 Pa. Code, Chapter 33 (number not yet assigned)	Fall 2008, as Proposed.         Fall 2008, as Proposed.                   Fall 2008, as Final.           Spring 2009 as Proposed.	This regulation is intended to 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 is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices; will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and will implement the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law (63 P. S. § 122(d)).   This regulation will define sexual misconduct as it pertains to dentists, dental hygienists and expanded function dental assistants. Statutory Authority: Sections 3(c), (d) (d.1) and (o) of the Dental Law (63 P. S. § 122(c), (d), (d.1) and (o)).     This regulation will generally update the Board's regulations to reflect current procedures and practices. Statutory Authority: Section 3(o) of the Dental Law (63 P. S. § 122(o)).	Lisa Burns [phone]
State Registration Board for Professional Engineers, Land Surveyors and Geologists   --General Revisions-- 49 Pa. Code, Chapter 37 (number not yet assigned)	Spring 2009, as Proposed.	The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § 151).	Terrie Kocher [phone]
State Board of Funeral Directors   --Preneed Funeral Arrangements-- 49 Pa. Code, Chapter 13 (16A-4815)   --Preneed Activities of Unlicensed Employee-- 49 Pa. Code, Chapter 13 (16A-4816)   --Renewal Fee-- 49 Pa. Code § 13.12 (16A-4817)	Spring 2009, as Final.         Spring 2009, as Final.           Fall 2008, as Final.	This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law (63 P. S. §§ 479.13(c) and 479.16(a)).   The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law (63 P. S. §§ 479.13(c) and 479.16(a)).   This regulation would increase the biennial renewal fee for licensed funeral directors. Statutory Authority: Section 18.1 of the Funeral Director Law (63 P. S. § 479.18.1).	Heidi Weirich [phone]
State Board of Medicine   --Acupuncture-- 49 Pa. Code § 18.15 (16A-4924)               --General Revisions-- 49 Pa. Code, Chapters 16, 17 and 18 (16A-4925)                 --Nurse Midwife Prescriptive Authority-- 49 Pa. Code, Chapter 18 (16A-4926)   --Clarification of Medicine and Surgery-- 49 Pa. Code, Chapters 16 and 17 (16A-4927)   --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned)	Spring 2009, as Final.                 Spring 2009, as Proposed.                         Fall 2008, as Final.           Spring 2009, as Proposed.           Fall 2008, as Final (Proposed- omitted).	This proposed rulemaking amends the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amends the Acupuncture Registration Act (63 P. S. §§ 1801--1806) by authorizing acupuncturists to treat patients for up to 60 calendar days without first obtaining a referral from a physician. Statutory Authority: Sections 3 and 3.1 of the Acupuncture Registration Act (63 P. S. §§ 1803 and 1803.1).   This proposed rulemaking will implement Acts 29, 46 and 48 of 2007, and will 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 is required to implement Act 50 of 2007 relating to prescriptive authority for nurse midwives. Statutory Authority: Sections 8 and 35(a) of the Medical Practice Act of 1985 (63 P. S. §§ 422.8 and 422.35(a)).     This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985 (63 P. S. § 422.8).   This regulation is required to amend the current regulations regarding volunteer licenses to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985 (63 P. S. § 422.8).	Tammy Radel [phone]
--Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.20. (number not yet assigned)	Spring 2009, as Proposed.	This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Tammy Radel [phone]
State Board of Nursing   --LPN/IV Therapy-- 49 Pa. Code § 21.145 (16A-5122)   --RN and LPN Program Examination Pass Rates-- 49 Pa. Code, Chapter 21 (16A-5123)           --CRNP General Revisions-- 49 Pa. Code, Chapter 21, Subchapter C (16A-5124)	Fall 2008, as Proposed.       Spring 2009 as Final.                   Fall 2008, as Proposed.	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law (63 P. S. § 667.6).   This regulation will clarify the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)), and section 17.6 of the Practical Nurse Law (63 P. S. § 667.6).   This regulation is required to implement Act 206 of 2002, which gave exclusive jurisdiction over CRNPs to the State Board of Nursing and to revise the existing regulations to allow the effective use of CRNPs to the full extent of their education and training. Statutory Authority: Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)), and section 7(c) of Act 306 of 2002 (P. L. 1567, No. 206), December 9, 2002.	Ann Steffanic [phone]
State Board of Nursing (cont'd)   --Clinical Nurse Specialists-- 49 Pa. Code, Subchapter H, §§ 21.801--21.831 (16A-5133)           --Volunteer License-- 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)	Fall 2008, as Proposed.                   Fall 2008, as Final (Proposed- omitted).	This proposed regulation is required to implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act.   This regulation is required to amend the regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)).	Ann Steffanic [phone]
State Board of Examiners of Nursing Home Administrators   --Temporary Permits-- 49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629)       --Sexual Misconduct-- 49 Pa. Code §§ 39.1 and 39.9 (16A-6211)     --Continuing Education-- 49 Pa. Code § 39.61 (16A-6212)     --Continued Competence-- 49 Pa. Code, Chapter 39 (16A-6213)       Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.17 (number not yet assigned)	Spring 2009, as Final.             Spring 2009, as Proposed.           Fall 2008, as Proposed.         Spring 2009, as Proposed             Spring 2009, as Proposed.	The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act (63 P. S. §§ 1104 (c) and 1114).   This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, (63 P. S. §§ 1104(c) and 1106(g)).   This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act (63 P. S. § 1109(b)).   This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act (63 P. S. § 1104(a)(4),(9) and (c)).   This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Chris Stuckey [phone]
State Board of Occupational Therapy Education and Licensure   --Continuing Competency-- 49 Pa. Code §§ 42.50--42.58 (16A-677)	Fall 2008, as Proposed.	The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act (63 P. S. § 1505(b)).	Chris Stuckey [phone]
State Board of Optometry   --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Fall 2008, as Final (Proposed- omitted).	This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. § 244.3(b)(14)).	Deborah Smith [phone]
State Board of Osteopathic Medicine   --Physician Assistant Prescriptive Authority-- 49 Pa. Code, Chapter 25 (16A-5318)     --Miscellaneous Provisions-- 49 Pa. Code, Chapter 25 (16A-5319)             --Volunteer License-- 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)   --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Spring 2009, as Final.             Fall 2008, as Proposed.                   Fall 2008, as Final (Proposed- omitted).           Spring 2009, as Proposed.	This rulemaking (developed with the assistance, advice and consent of the Pharmacy Board) sets forth the requirements for physician assistants with regard to prescriptive authority under the direction of a licensed physician. Statutory Authority: Section 10(h) and (p) of the Osteopathic Medical Practice Act (63 P. S. § 271.10(h) and (p)).   This regulation implements 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.   This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act (63 P. S. § 271.16).       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]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Pharmacy   --Supplies and Equipment-- 49 Pa. Code, Chapter 27 (16A-5415)       --General Revisions-- 49 Pa. Code, Chapter 27 (16A-5416)     --Continuing Education-- 49 Pa. Code § 27.32 (16A-5417)   --Sale of Hypodermic Needles and Syringes-- 49 Pa. Code, Chapter 27 (16A-5418)   --Pharmacist Breaks-- 49 Pa. Code, Chapter 27 (16A-5420)   --Fees-- 49 Pa. Code § 27.91 (16A-5422)     --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.7 (number not yet assigned) .	Fall 2008, as Final.             Spring 2009, as Final.           Spring 2009, as Final.       Spring 2009, as Final.           Spring 2009, as Final.         Fall 2008, as Proposed.       Spring 2009, as Proposed.	The regulation would amend existing regulations pertaining to supplies and equipment to eliminate a specific list of supplies and allow pharmacies to keep on hand supplies specific to the pharmacy's area of practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. §§ 390-4(j), 390-6(k)(1) and (9)).   The regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. §§ 390-4(j), 390-6(k)(1) and (9)).   This regulation would clarify the Board's continuing education requirements. Statutory Authority: Section 3.1 of the Pharmacy Act (63 P. S. § 390-3.1).     This regulation would amend existing regulations to eliminate the requirement for a prescription prior to dispensing needles and syringes by a pharmacist. Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9)).   This regulation would permit a sole pharmacist on duty to take up to a 30-minute break while the pharmacy remains open. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. §§ 390-4(j), 390-6(k)(1) and (9)).   This proposed rulemaking would amend the schedule of fees of the State Board of Pharmacy to increase fees. Statutory authority: Section 8.2(a) of the Pharmacy Act (63 P. S. § 390-8.2(a)).   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   --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned	Spring 2009, as Proposed.	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)   --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2009, as Proposed.         Fall 2008, as Final (Proposed- Omitted).	This regulation is required to 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 is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act (63 P. S. § 42.15).	Gina Bittner [phone]
State Board of Psychology   --Qualifications-- 49 Pa. Code, Chapter 41 (16A-6315)       --Continuing Education-- 49 Pa. Code § 41.59 (16A-6317)     --Code of Conduct-- 49 Pa. Code § 41.61 (16A-6318)           --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Fall 2008, as Proposed.           Fall 2008, as Proposed.         Spring 2009, as Proposed.             Spring 2009, as Proposed.	This regulation amends education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act (63 P. S. §§ 1203.2(1) and (2)).   This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act (63 P. S. § 1215).   This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)).   This regulation would 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 Real Estate Commission   --Seller's Property Disclosure Statement-- 49 Pa. Code§ 33.335a (16A-5618)   --Education-- 49 Pa. Code § 35.384, 35.385. (16A-5613)       --Consumer Notice-- 49 Pa. Code § 35.336 (16A-5614)     --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.8 (number not yet assigned)	Fall 2008, as Proposed.         Fall 2008, as Proposed.           Fall 2008, as Final.       Spring 2009, as Proposed.	This regulation adopts 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)).   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).   This regulation would shorten and simplify the Consumer Notice mandated by section 608 of the Real Estate Licensing and Registration Act. Statutory Authority (63 P. S. § 455.608).   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)   --Biennial Renewal Fees-- 49 Pa. Code § 47.4 (16A-6915)         --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Fall 2008, as Proposed.             Fall 2008, as Final.             Spring 2009, as Proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1906(2)).   The regulation would increase the biennial renewal fees for licensed social workers, licensed clinical social workers, marriage and family therapists and professional counselors from $45 to $75. Statutory authority: Section 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1918(c)).   This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Sandra Matter [phone]
State Board of Examiners in Speech-Language and Hearing   --General Revisions-- 49 Pa. Code, Chapter 45. (number not yet assigned)   --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Spring 2009, as Proposed.           Spring 2009, as Proposed.	This regulation is intended to be a general update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act (63 P. S. § 1705(2)).     This regulation would amend the schedule of civil penalties for the State Board of Speech-Language and Hearing to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Sandra Matter [phone]
State Board of Vehicle Manufacturers, Dealers and Salespersons   --Salesperson License-- 49 Pa. Code, Chapter 19 (16A-609)	Spring 2009, as Proposed.	The Board of Vehicles Act requires every person who is engaged in the buying, selling or exchanging of vehicles for a commission, compensation or other consideration, to be a licensed salesperson on behalf of a dealer, unless that person is the dealer. This regulation would clarify that the reference to ''dealer'' in the phrase ''unless that person is the dealer'' refers only to a person holding a dealer license as a sole proprietor. Statutory Authority: Section 4(9) of the Board of Vehicles Act (63 P. S. § 818.4(9)).	Janice Cline [phone]
State Board of Veterinary Medicine   --Veterinary Dentistry-- 49 Pa. Code, Chapter 31 (16A-5718)   --Facilities-- 49 Pa. Code, Chapter 31 (16A-5720)     --Professional Conduct-- 49 Pa. Code, Chapter 31 (16A-5721)       --Emergency Services-- 49 Pa. Code, Chapter 31 (16A-5722)	Spring 2009, as Proposed.         Spring 2009, as Proposed.         Spring 2009, as Final.             Spring 2009, as Proposed.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act (63 P. S. § 485.5).     This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act (63 P. S. §§ 485.5 and 485.27).   This regulation would clarify the types of conduct that constitutes unprofessional conduct which may lead to disciplinary action under section 21(1) of the Veterinary Medicine Practice Act. Statutory Authority: Sections 5 and 21 of the Veterinary Medicine Practice Act (63 P. S. §§ 485.5 and 485.21).   This regulation would establish something. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act (63 P. S. § 485.5).	Michelle Roberts [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supercede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	SERS is ready to submit Regulation 31-6 for final approval by early June 2008.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	SERS is ready to-submit Regulation 31-6 for final approval by early June 2008.	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa. C.S. § 5953.)	SERS' Board authorized going forward and it is in process as Regulation 31-7. The statute does not set priorities among conflicting demands on members' accounts.	A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.7(a). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	The Governor's Office of Policy and Planning approved Proposed Regulation 31-12 in a memorandum dated April 2, 2008.   The Office of Attorney General issued a tolling memorandum on April 29, 2008 raising three questions regarding provisions of the proposed regulation. SERS is preparing a response which will be sent to OAG through OGC on or before June 2, 2008.	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Salvatore Darigo, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	SERS Board authorized going forward and it is in process as Regulation 31-13.	The language is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.6(a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	SERS' Board authorized going forward and it is in process as Regulation 31-10.	The 30 day requirement in the regulation has been rendered obsolete by changes to SERS' enabling legislation.	Jill Vecchio, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 247.4(c) Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement; and 3) the rights of terminated members to apply for a disability.)	2008	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	M. Catherine Nolan, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2008	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code §§ 241.1; 247.7. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.) Gender neutral terms would be substituted and an operational provision that is found elsewhere would be removed from this definitional section.	SERS' Board authorized going forward and they are in process as Regulations 31-8 and 31-11.	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children,'' ''my issue,'' ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Jill Vecchio, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	SERS' Board authorized going forward and it is in process as Regulation 31-9.	This new regulation would provide for adoption of a policy by SERS to specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Jill Vecchio, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
4 Pa. Code § 243.8. Membership rules for educational employees.	2008	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	January 2009, as proposed	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director [phone]
Administration of Megan's Law--Neighbor Notification 37 Pa. Code Chapter 55	January 2009, as proposed	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa.C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of subsequent and anticipated amendments Megan's Law.	Syndi L. Guido Policy Director [phone]
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43--Temporary Registration Cards and Plates   67 Pa. Code, Chapter 43	December 2008	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes 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	September 2008	Many changes to the regulation are needed to bring the regulation into alignment with Vehicle Code changes. Other changes are needed to portions of the regulation to implement desired initiatives. One such initiative is to eliminate refunds to inspection stations for unused registration stickers, resulting in a savings to the Commonwealth.	John Munafo [phone]
21--Odometer Read Disclosure Statements   67 Pa. Code, Chapter 21	December 2008	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 2008	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 2008	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 2008	The regulations are being updated to clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. (Status as of 04/08 proposed regulations are at the Governor's Office).	Scott Shenk [phone]
83--Physical & Mental Criteria-Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code, Chapter 83	July 2008	The regulation is being updated to clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. 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. (Status as of 04/08 proposed regulations are at the Governor's Office)	Scott Shenk [phone]
255--Messenger Services   67 Pa. Code, Chapter 255	December 2008	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes 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]
171--School Buses and School Vehicles.   67 Pa. Code, Chapter 171	August 2008	Regulations are being updated to incorporate current technology. Regulations have been reviewed with industry and are ready to begin the promulgation process.	Scott Shenk [phone]
471--Airport Rating & Licensing; 473--Aviation Development Grants; 477--Local Real Estate Tax Reimbursement Grants; 479--Obstructions to Aircraft   67 Pa. Code, Chapters 471, 473, 477 and 479	December 2008	The various chapters of the regulation need to be updated as described below. The purpose of the amendments to Chapter 471 is to provide clarification of requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulation was originally adopted. The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher state share for granted projects and allow for a more efficient use of the Aviation Development grant funds available. The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these Chapters in relation to the Chapters 471 and 473. There were no substantive changes to these chapters.	Brian Gearhart [phone]
Establishment of a Grant Program for Automated Red Light Enforcement Dollars.   67 Pa. Code, Chapter (To Be Determined)	December 2008 as proposed rulemaking	Section 3116 of the Pennsylvania Vehicle Code provides the legal authority for the establishment of a pilot automated red light enforcement (ARLE) program within the City of Philadelphia. Section 3116(l)(2) says that the revenues remaining from ARLE fines, after deducting the system administrator's operation and maintenance costs, shall be deposited into the Motor License Fund and shall be used by the Department to develop, by regulation, a Transportation Enhancements Grant Program. Therefore, a completely new regulation is needed to establish the provisions of this new Transportation Enhancements Grant Program.	William Laubach [phone]
Chapter 427--Public Transportation (Act 44 of 2008)	December 2008	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. Act 44 offered the Department a two-year window to promulgate temporary regulations. The temporary regulations should be drafted by December 2008.	LaVerne Collins [phone]

[Pa.B. Doc. No. 08-1168. Filed for public inspection June 20, 2008, 9:00 a.m.]