1166 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[37 Pa.B. 3038]
[Saturday, June 30, 2007]

   Executive Order 1996-1, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the twenty-third 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 well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
PA Code Title VI Chapter 3 Fair Hearings and Appeals	December 2009, as proposed.	This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. It is being reviewed internally to improve Departmental procedures and efficiencies.	Robert Hussar [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.	Robert Hussar [phone]
PA Code Title VI Chapter 15 Protective Services for Older Adults	December 2008, as proposed.	The law and regulations are under review in light of the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional.	Robert Hussar [phone]
PA Code Title VI Chapter 20 Family Caregiver Support Program	December 2008, 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.	Robert Hussar [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.	Robert Hussar [phone]
PA Code Title VI Chapter 23 Long Term Care Ombudsman Program	June 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.	Robert Hussar [phone]
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2	December, 2007, 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).	Paul Knepley, DVM [phone]
Cervidae 7 Pa. Code Chapter 18	December, 2007, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations.	Paul Knepley, DVM [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 21	December, 2007, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement.	Paul Knepley, DVM [phone]
Amusement Rides 7 Pa. Code Chapter 139	July, 2007, as proposed.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	John Dillabaugh [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	September, 2007, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Anton J. Leppler [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	February, 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.	Benjamin H. Nolt, Jr. [phone]
Pesticide Regulations 7 Pa. Code Chapter 128	July, 2007, 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, 2008, 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, 2008, 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	October, 2008, as final	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation.	Mary Y. Bender [phone]
Clean and Green Regulations 7 Pa. Code Chapter 137b	September, 2007, 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, 2007, 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	July, 2007, as proposed.	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 and Standards for Seed Certification 7 Pa. Code Chapter 113	July, 2007, as proposed.	This regulation will replace 7 Pa. Code Chapter 113 and 115 by combining them into one chapter- Chapter 113 and implement provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act).	Joe Garvey [phone]
Johne's Disease; Certified Apple Program; Fiscal Aid for Stem Rust Control; Quarantine Provisions; and Chemsweep Pesticide Disposal Program--Statement of Policy 7 Pa. Code Chapters 11, Subchapters B and C, 95, 123, 125, and 128a	Notice of proposed rulemaking was published at 37 Pennsylvania Bulletin 951 (February 24, 2007).   August, 2007, as final.	This regulation deletes unneeded or outdated regulatory provisions from five chapters of Title 7 of the Pennsylvania Code.	Dwight-Jared Smith [phone]
Odor Management Plan Writer Certification 7 Pa. Code Chapter 130f	July, 2007, as proposed.	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	Late 2007	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz Acting Chief Counsel [phone]
Regulations defining proper conduct of the mortgage loan business	Late 2007	63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212.	Carter D. Frantz Acting Chief Counsel [phone]
Regulations governing check cashing business	Late 2007	63 P. S. § 2304(1)	Carter D. Frantz Acting Chief Counsel [phone]
Regulations governing money transmission business	Early 2008	7 P. S. § 6114	Carter D. Frantz Acting Chief Counsel [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Pennsylvania Industrial Development Authority 12 Pa. Code Chapter 73 (Statement of Policy)	Summer of 2007	The purpose of the statement of policy is to make comprehensive changes to PIDA's policy with respect to project eligibility, advanced technology designation, financial considerations, engineering guidelines, and project format.	Tim Anstine [phone]
Neighborhood Assistance Program 12 Pa. Code Chapter 135 (Statement of Policy)	Summer of 2007	The purpose of the statement of policy is to update the special program priorities.	Jill Busch [phone]
COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time.
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking September 2007.	This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last 3 years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking.	Chris Firestone, Mike Lester and Dan Devlin (Bureau of Forestry): [phone]   Susan Wood (Office of Chief Counsel): [phone]
State Forests-- General Provisions (Chapter 21)	Publish proposed rulemaking June 2007.	A number of revisions are needed to make this chapter more consistent with state parks regulations and to update, clarify, and correct provisions. Legal basis: The Conservation and Natural Resources Act, 71 P. S. § 1340.313 (rulemaking authority).	Matt Beaver (Bureau of Forestry): [phone]   Susan Wood (Office of Chief Counsel): [phone]
CORRECTIONS
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	June, 2007 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.	June, 2007, as proposed.	The regulations will replace the guidelines currently in effect.	Randall N. Sears [phone]
Amendments to 37 Pa. Code § 94.3(a)(2)	July, 2007, as proposed.	The amendment will permit the Secretary to waive the Department's requirement that an inmate serve a minimum of 9 months in a facility prior to placement in a community corrections center.	Randall N. Sears [phone]
EDUCATION
Higher Education-- Institutional Approval 22 Pa. Code, Chapter 40	July 2007, as proposed.	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 [phone]
Higher Education-- Foreign Corporation Standards 22 Pa. Code, Chapter 36	July 2007, as final.	These regulations are necessary to establish procedures for the approval and operation of out-of-state institutions of higher education currently operating or seeking to operate programs in the Commonwealth.	Jim Buckheit [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	July 2007, as final.	Regulations outline requirements for teacher preparation, certification and professional educators. These revisions restructure the requirements for early childhood, elementary/middle school and special education teachers. They also impose new policy on continuing professional education.	Jim Buckheit [phone]   or   Sharon Brumbaugh [phone]
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & C	July 2007, as final.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, P. L. 30, No. 14, March 16, 1949, P. S. Section 1-101, et. seq. The revised standards will reflect the changes in Chapter 14 and IDEA.	John Tommasini [phone]
Chapter 16 Special Education for Gifted Students 22 Pa. Code, Chapter 16	December 2007, as final.	These regulations outline how special education programs and services are to be provided to students identified as gifted.	Jim Buckheit [phone]   or   Linda Rhen [phone]
Charter School Standards, Chapter 711	December 2007, as final.	These Department Standards govern Charter Schools, revision is required in order to comply with IDEA 2004.	Linda Rhen [phone]   or   Sheri Rowe [phone]
Special Education Services and Programs 22 Pa. Code, Chapter 14	December 2007, as final.	These regulations outline how special education services and programs are to be provided to children with disabilities. Specific revisions are necessary to incorporate the recent changes to IDEA 2004.	Jim Buckheit [phone]   or   Linda Rhen [phone]
Academic Standards and Assessment, 22 Pa. Code, Chapter 4	July 2007, 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	July 2007, as proposed.	These regulations establish procedures for approval of specialized associate degree programs, upper division programs at two-year and community colleges, graduate programs and vocational education programs.	Jim Buckheit [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	Fall 2007, as final.	A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18, regarding Vocational Education, and section 2502.8, regarding Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pa. Code, section 4.32(a).	Lee Burket [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code, Chapters 51, 53, 55, 57, 61 & 63	The Board, the Department, and various subcommittees are working on preliminary draft language to be considered by leadership. Once initial approval is received, the more formal process will begin.	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.).	Sheri Rowe [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 Board published final rulemaking of previously proposed rule changes in the Pennsylvania Bulletin on February 11, 2006. The Board may submit new proposed rulemaking in late summer or fall of 2007.	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; and 3) prepayment of penalties. The Rules Committee is also considering the clarification of existing rules as well as proposed rules on the following subjects: electronic discovery, expedited litigation, participation in litigation by parties of interest.	Mary Anne Wesdock [phone]
ENVIRONMENTAL PROTECTION
Areas Unsuitable for Surface Mining 25 Pa. Code, Chapter 86	FY07-08	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	FY07-08	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 and Gas Well Program Oil and Gas Act 25 Pa. Code, Chapter 78	FY07-08	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]
Coal Mine Reclamation Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapter 86	FY07-08	Revisions to Chapter 86 (Surface and Underground Mining: General) to eliminate an existing reclamation fee and to provide for the reclamation of sites where the operator reclamation bond has been forfeited.	Keith Brady [phone] [e-mail]
Remining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapters 86, 87, and 88	FY07-08	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.	Bill Allen [phone] [e-mail]
Title 25, Chapter 401 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). *See note in Summary	FY07-08	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]
Water Supply Replacement Surface Mining Conservation and Reclamation Act 25 Pa. Code, Chapters 87, 88	FY07-08	Revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies.	Keith Brady [phone] [e-mail]
Surface Mine Safety Surface Mine Conservation and Reclamation Act, Noncoal Surface Mine Conservation and Reclamation Act, 25 Pa. Code, Chapter 209	FY07-08	Revision to Chapter 209 (Coal Mines) to adopt by reference the Federal MSHA regulations for surface coalmines and surface noncoal mines.	Bill Allen [phone] [e-mail]
Mine Opening Blasting Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapter 89	FY07-08	Revisions to Chapter 89 (Underground Mining of Coal and Coal Preparation Facilities) to better coordinate regulation of blasting of underground mine entries between surface blasting requirements and underground blasting requirements.	Bill Allen [phone] [e-mail]
Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code, Chapter 85	FY07-08	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]
General Provisions Clean Streams Law 25 Pa. Code, Chapter 91	FY07-08	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]
Watershed Permits Clean Streams Law 25 Pa. Code, Chapter 92	FY07-08	Revision to Chapter 92 (National Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES) to allow the Department to develop watershed permits in watersheds covered by a TMDL or similar allocation.	John Wetherell [phone] [e-mail]
Big Brook et al Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY07-08	This proposal identifies eight streams: (Big Brook (Wayne County), Beaver Creek (Chester County), Clarion River (Clarion County), Furnace Run (Lancaster and Lebanon Counties), Mill Creek (Berks County), Stone Creek (Bedford County), Wissahickon Creek (Montgomery County) and Brooke Evans Creek (Montgomery 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]
Clark Creek et al Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY07-08	This proposal identifies nine streams: (UNT Lackawanna River (Clark Creek) (Wayne County), Upper Lehigh River (Lackawanna, Monroe, Wayne and Luzern Counties), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), L. Lehigh (Lehigh and Berks Counties), Hammer Creek, (Lebanon and Lancaster Counties), Spring Mill Creek (Montgomery County), Cacoosing (Berks County), and Fishing Creek (Lancaster 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 (WQN) Stream Redesignation Package Clean Streams Law 25 Pa. Code, Chapter 93	FY07-08	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	FY07-08	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]
Erosion and Sediment Control and Stormwater Management Clean Streams Law 25 Pa. Code, Chapter 102	FY07-08	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	FY07-08	Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria.	Troy Conrad [phone] [e-mail]
Public Notification Revisions Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY07-08	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	FY07-08	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.	Parimal Parikh [phone] [e-mail]
Chapter 109 General Update Safe Drinking Water Act 25 Pa. Code, Chapter 109	FY07-08	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]
Water Resources Planning Water Resources Planning Act 25 Pa. Code, Chapter 110	FY07-08	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]
Microbial Pathogens in Groundwater Rule 25 Pa. Code, Chapter 109	FY 07-08	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.	John Diehl [phone] [e-mail]
Control of Nitrogen Oxide (NOx) Emissions from Glass Furnaces Air Pollution Control Act 25 Pa. Code, Chapters 121 and 129	FY07-08	The proposal would add nitrogen oxide emission reduction requirements for glass furnaces.	Jim Stoner [phone] [e-mail]
Clean Air Interstate Rule Air Pollution Control Act 25 Pa. Code, Chapters 121, 129 and 145	FY07-08	Revise Air Quality Regulations to comply with the Federal Clean Air Interstate Rule by reducing emissions of sulfur oxides and nitrogen oxides from electric generating units.	Jim Stoner [phone] [e-mail]
Limitations on Diesel Vehicle Idling Air Pollution Control Act, Chapter 126	FY07-08	New Subchapter F would 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]
Air Quality Permit Streamlining Air Pollution Control Act 25 Pa. Code, Chapter 127	FY07-08	The proposed regulation will revise certain public notice provisions and public comment provisions to extend from 120 to 180 days the duration for temporary ''shake-down'' operation of new equipment subject to the Plan Approval requirements.	Jim Stoner [phone] [e-mail]
Control of Nitrogen Oxide (NOx) Emissions from Cement Kilns Air Pollution Control Act 25 Pa. Code, Chapters 121, 129, and 145	FY07-08	The proposal would add nitrogen oxide emission reduction requirements for cement kilns.	Jim Stoner [phone] [e-mail]
Portable Fuel Containers Air Pollution Control Act 25 Pa. Code, Chapter 130	FY07-08	The proposal would revise the portable fuel container regulation to reflect new technology. The new technology makes the containers user-friendlier and provides a slight increase in volatile organic compound and hazardous air pollutant emission reductions.	Jim Stoner [phone] [e-mail]
Consumer Products Air Pollution Control Act 25 Pa. Code, Chapter 130	FY07-08	The proposal would revise the consumer product regulation to add additional categories of regulated products. The revisions will reduce volatile organic compound and hazardous air pollutant emissions.	Jim Stoner [phone] [e-mail]
Adhesives and Sealants Air Pollution Control Act 25 Pa. Code, Chapter 130 and Chapter 129	FY07-08	The proposal would add volatile organic compound (VOC) content limits for adhesive and sealant products.	Jim Stoner [phone] [e-mail]
Radiation Protection Program Radiation Protection Act, Radon Certification Act 25 Pa. Code, Chapter 215--240	FY07-08	Rewording of existing requirements and definitions for clarity; updating of U.S. Nuclear Regulatory Commission incorporation by reference citations; reinstating industrial radiography incident reporting requirement inadvertently deleted by previous rulemaking; updating radon protocols; and deleting notary requirements from radon services permit applications	L. Ray Urciuolo [phone] [e-mail]
Storage Tank Amendments Storage Tank and Spill Prevention Act 25 Pa. Code, Chapter 245	FY07-08	This final regulation represents comprehensive amendments to the Storage Tank and Spill Prevention provisions of Chapter 245, which was last updated in 1997.	Ray Powers [phone] [e-mail]
Waste Facility Notification Near Military Airports Solid Waste Management Act 25 Pa. Code, §§ 271.1, 279.112, 287.1 and 293.112	FY07-08	This final regulation is in response to a petition filed by the U.S. Department of Defense. It would amend the Municipal and Residual Waste Regulations to include military airport in the definition of ''airport'' and require a transfer facility applicant to notify the PENNDOT's Bureau of Aviation and the Federal Aviation Administration and the airport if a proposed transfer facility or expansion is within 6 miles of an airport runway.	Steve Socash [phone] [e-mail]
Hazardous Waste Program Solid Waste Management Act 25 Pa. Code, Chapters 260--270	FY07-08	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]
Municipal and Residual Waste Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code, Chapters 271--285 and 287--299	FY07-08	These proposed revisions are comprehensive modifications to Municipal and Residual Waste Regulations, including: combination of similar chapters, revised definitions, additional permit-by-rule, revised coal ash beneficial use, and standardized provisions. 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	FY07-08	Revisions to Chapter 250 (Administration of the Land Recycling Program) that govern the remediation of sites contaminated by the release of regulated substances. This proposal includes numeric Statewide Health Standards that have been revised because of updates to toxicological information and physical and chemical parameters. Other modifications include increased public notice requirements, additional requirements for postremediation care at properties where institutional and engineering controls are used, additional deed notice provisions, assuring portability of water supplies by applying federal Maximum Contaminant Levels to drinking water at points of use, and providing for notice when contamination is discovered during remedial activities.	Dave Hess [phone] [e-mail]
Alternative Fuels Incentive Grant Regulations 4 Pa. Code, Chapter 311	FY07-08	The Alternate Fuels Incentive Grant Fund regulations were adopted under the authority of 75 Pa.C.S. §§ 7201--7204, which created the Alternative Fuels Incentive Grant Fund in December 1992. On November 29, 2004, the Alternative Fuels Incentive Act repealed this statute, created a comprehensive structure with which to manage the AFIG program, and repealed the existing regulations to the extent that they are inconsistent with the Act. This final-omitted rulemaking will repeal the current regulations to eliminate conflicting requirements in the out-dated regulations	David Althoff Jr. [phone] [e-mail]
Facility Odor Management 25 Pa. Code, Chapter 83	FY07-08	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 2007, as final omitted.	These regulations should be updated to reflect current agency practice and procedure.	Mary Benefield Seiverling [phone]
Responsibility 4 Pa. Code Chapter 60	Fall 2007, as proposed.	This chapter should 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__	Summer 2007, 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 2007, 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 2007, 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 2007, 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	Fall 2007, as proposed.	References to the Human Relations Commission need to be replaced by procedures under the current DGS programs.	Mary Benefield Seiverling [phone]
Methods of Awarding Contracts 4 Pa. Code Chapter 69	Summer 2007, 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	Fall 2007, as final omitted.	The regulations need to be updated to reflect changes to agency procedure and practice.	Mary Benefield Seiverling [phone]
Commonwealth Automotive Fleet 4 Pa. Code Chapter 73	Fall 2007, 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 2007, 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 2007, as final omitted.	These regulations should be revised since the bookstore operations were transferred to the Historical and Museum Commission by statute.	Mary Benefield Seiverling [phone]
Exercise of First Amendment Rights on Commonwealth Property 4 Pa. Code Chapter 85	Summer 2007, 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 2007, as final omitted.	The regulations should 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]
Death Benefits for Survivors of Fireman and Law Enforcement Officers 4 Pa. Code Chapter 89	Summer 2007, as final omitted.	Amendments are needed to this regulation to make it consistent with legislative amendments.	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, 2007, 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, Jr. [phone]
Communicable Diseases 28 Pa. Code § 27.1 et seq.	December 2007, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Jalene Kolb [phone]
Supplemental Nutrition Program for Women, Infant's and Children (WIC) 28 Pa. Code § 1101.1 et seq.	August 2007, 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 Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and the Administrative Code of 1929 (71 P. S. 532(a) and (g)).	Robert Datorre [phone]
School Immunization Requirements 28 Pa. Code §§ 23.83 and 23.86	September 2007, as proposed.	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]
Sexual Assault Victims Emergency Services Regulations 28 Pa. Code §§ 117.51--117.58.	August 2007, as final.	The amendments to existing regulations will establish minimum parameters for the treatment of sexual assault victims presenting at Pennsylvania hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and the Administrative Code of 1929 (71 P. S. 532(a) and (g)).	Robert Datorre [phone]
Health Facility Licensure Home Care Agencies and Home Care Registries 28 Pa. Code Chapter 611	July 2007, as proposed.	These new regulations will 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. 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, which expressly authorizing the Department to promulgate regulations to implement §§ 806 (d.1) (addressing licensure standards) and 808.3 (addressing consumer protections).	Karin Simpson [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 2007	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 preceding the 20 year term. (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
Producer Licensing 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Fall/Winter 2007, as proposed.	Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator [phone]
Motor Vehicle Financial Responsibility Law-- Evidence of Financial Responsibility 31 Pa. Code, Chapter 67, §§ 67.21--67.28	Fall/Winter 2007, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, Regulatory Coordinator [phone]
Life Insurance Illustrations (New Chapter 87a)	Summer/Fall 2007, as proposed.	Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form.	Peter J. Salvatore, Regulatory Coordinator [phone]
Preparation of Filing of Property and Casualty Forms for Approval 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Summer/Fall 2007, 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	Winter 2007, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Unfair Insurance Practices; Unfair Claims Settlement Practices 31 Pa. Code, Chapter 146, §§ 146.1--146.10	Fall/Winter 2007, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator [phone]
Medical Catastrophe Loss Fund 31 Pa. Code, Chapter 242 §§ 242.1--242.18	Summer/Fall 2007, as proposed.	Amend the regulation to be consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator [phone]
Health Care Provider Retention Program 31 Pa. Code, Chapter 248, §§ 248.1--248.11 (NEW)	Summer/Fall 2007, as proposed.	Adopt regulations per the Medical Care Availability and Reduction of Error (Mcare) Act (40 P. S. §§ 1303.1101 et seq.).	Peter J. Salvatore, Regulatory Coordinator [phone]
Viatical Regulations (NEW chapter)	Fall/Winter 2007, as proposed.	New regulation addressing issues pertaining to the Licensing of Viatical Brokers. Waiting for NAIC model to be finalized.	Peter J. Salvatore, Regulatory Coordinator [phone]
LABOR AND INDUSTRY
Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety	Submit final-omitted regulation in Summer 2007.	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 2007.	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 2007.	Amend existing regulations to provide requirements for unattended self-service stations.	Douglas MacAdam [phone]
Business Enterprise Program, Title 34 Bureau of Blindness and Visual Services	Submit proposed rulemaking in Summer 2007.	Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws.	Lucy Shumaker [phone]
Office of Vocational and Rehabilitation, Title 34.	Submitted Final Rulemaking in Summer 2007.	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).	Catherine N. Wojciechowski [phone]
Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services	Submit proposed rulemaking in Summer 2007.	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 2007.	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 Fall 2007.	Update appeal and hearing procedures to reflect evolving procedures and statutory changes.	Edward Rawlings [phone]
Bureau of Workers' Compensation Title 34, Chapter 121	Submit final-form regulation Spring 2007.	Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology.	John T. Kupchinsky [phone]
Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment	Submit final-form regulation in Spring 2008.	Update processes governing medical care and costs under the Workers' Compensation Act.	John T. Kupchinsky [phone]
Bureau of Workers' Compensation, Title 34, Chapter 123	Re-submit final-form regulation in Spring 2007.	Update procedures for qualifications of vocational experts to reflect passage of Act 88.	John T. Kupchinsky [phone]
Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance	Submit proposed rulemaking in Winter 2008.	Clarify standards and security requirements for individual self-insured employees.	George Knehr [phone]
Bureau of Workers' Compensation, Title 34, Chapter 123	Submit proposed rulemaking in Spring 2008.	Clarify procedures for obtaining benefits under the Uninsured Employer Guaranty Fund.	John T. Kupchinsky [phone]
Bureau of Workers' Compensation, Title 34, Chapter 131	Submit proposed rulemaking in Spring 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 Spring 2008.	Update procedures for Workers' Compensation Appeal Board.	Susan McDermott [phone]
Bureau of Mediation, Title 34	Submit proposed rulemaking in Fall 2007.	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 2007.	Address statutory amendments for training wages, clarify overtime exclusions and delete 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.	September 2007 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]
Persian Gulf Conflict Veterans' Compensation Program 43 Pa. Code Chapter 9	July 2007	This regulation is needed to implement Act 29 of 2006, which established the Persian Gulf Conflict Veterans' Compensation Program. The funding for this program was approved by Pennsylvania voters in November 2006, and the Act took effect in December 2006. DMVA's goal is to have regulations (which relate directly to military affairs) in effect by September 2007.	Dennis T. Guise [phone]
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission 37 Pa. Code Chapter 203	Final regulations, August 2007.	The Commission intends to publish regulations to allow physicals to be performed by physicians' assistants and certified nurse practitioners. Current regulations require all physicals to be performed only by licensed physicians.	Syndi L. Guido [phone]
Municipal Police Officers' Education and Training Commission 37 Pa. Code Chapter 204	Proposed regulations, August 2007.	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 Pennsylvania Bulletin in the fall of 2006.	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 2007 for publication in the Pennsylvania Bulletin.	Henry L. Van Brederode [phone] x 389
The Domestic and Sexual Violence Victim Address Confidentiality Act 23 Pa.C.S.A. § 6712 requires the Office of the Victim Advocate to promulgate regulations to establish an address confidentiality program to protect victims of sexual and domestic violence.	The regulation will be published in the Pennsylvania Bulletin in the summer of 2007 using the ''final-omitted'' process.	23 Pa.C.S.A. § 6712 (3) requires the Office of the Victim Advocate to promulgate the required regulations by July 1, 2007.	Victoria Sostack [phone]
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Portions of 22 Pa. Code, Part XIII, Chapters 201, 211, 213, 215	Publication of proposed rulemaking anticipated within 2-3 months.	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]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
PUBLIC WELFARE
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	December 2007, 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	December 2007, 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	October 2007, 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 6 months to 1 year for the first violation and from 1 year to 2 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	February 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	April 2008, 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; and 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	October 2007 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	December 2007 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	July 2007 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	March 2008, as proposed.	This regulation incorporates changes to the eligibility requirements for payment of Long Term Care (LTC) services identified in the Deficit Reduction Act of 2005. Major changes include revisions to the determination of periods of ineligibility for payment of LTC services due to transfers of assets for less than fair market value (FMV), a new eligibility criterion regarding an individual's equity value in his/her home, revision to the spousal impoverishment procedures regarding resource eligibility of a married individual, and implementation of a formal undue hardship process for those individuals denied eligibility for payment of LTC services due to a transfer of assets for less than FMV or because of substantial home equity.	Ruth O'Brien [phone]
Deficit Reduction Act of 2005 (Citizenship and Identity requirements for Medicaid) 55 Pa. Code Chapters 125, 141, 150 and 201	February 2008, 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]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	March 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	March 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	December 2007, 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	June 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 2008, 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 2008, 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	April 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	December 2007, 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	December 2007, 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	December 2007, as final-omitted.	This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Preadmission Requirements for Nursing Facility Services 55 Pa. Code Chapter 1187	August 2007, as final.	This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the Medical Assistance Advisory Committee.	Ruth O'Brien [phone]
Changes to Nursing Facility Rate Setting System 55 Pa. Code Chapter 1187	June 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	September 2007, 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	December 2007, 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 Chapters 31--35) for all facilities and agencies certified by the Department.	Ruth O'Brien [phone]
Third Party Liability Programs Changes 55 Pa. Code Chapter 258	October 2008, as proposed .	This regulation will incorporate additions and changes to the estate recovery program regulation that was codified in February 2003. The changes reflect modification and additions identified since implementation. These include additional and clarified definitions; inclusion of language regarding the Long Term Care Partnership; modification of the Department's priority of claim based on a change to 20 Pa.C.S. § 3392 relating to classification and order of payment; and clarifications regarding undue hardship waivers, postponement of collection and computation of claim.	Ruth O'Brien [phone]
Family-Based Mental Health Service Providers 55 Pa. Code Chapter 5260	April 2008, 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	February 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's licensing definition and align regulations with current Federal and State licensing requirements and current treatment trends.	Ruth O'Brien [phone]
Intermediate Care Facilities for the Mentally Retarded 55 Pa. Code Chapter 6650	August 2007, as proposed.	This regulation applies to private and public residential facilities receiving monies for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, conversion of state funded programs to ICF/MR, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log.	Ruth O'Brien [phone]
Individual Support Plans 55 Pa. Code Chapters 2380, 2390, 6400, 6500	May 2008, as proposed.	This regulation 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]
Child Care Facilities 55 Pa. Code Chapters 3270, 3280, 3290, 3300	December, 2007 as final-form.	The purpose of the proposed rulemaking is to update the minimum standards for child care facilities. The regulations need to be updated to reference the current laws that directly impact on the operation of child care facilities, to incorporate the Department's statements of policy issued since 1992, to implement changes in recommended health and safety practices, to clarify regulations and to reflect best practice in the field of child care.	Ruth O'Brien [phone]
REVENUE
Construction Contractors 61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17	December 2007, as proposed.	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities following Act 45 of 1998. Department awaiting decision of the Pennsylvania Supreme Court.	Douglas Berguson [phone]
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	September 2007, as final.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas Berguson [phone]
Support Offset and Other Personal Income Tax Provisions	September 2007, 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]
Pennsylvania Gaming Cash Flow Management 61 Pa. Code §§ 1001.1--1001.11	July 2007, as final.	The Department is proposing ''permanent'' regulations for Chapter 1001, Pennsylvania Gaming Cash Flow Management in accordance with the Pennsylvania Race Horse Development and Gaming Act 2004 (Act 71).	Douglas Berguson [phone]
Amendments to Chapter 117. Return and Payment of Tax	September, 2007, 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]
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 § 184 (16--36)   --Lobbying Disclosure 51 Pa. Code (16--40)	Fall 2007, as Proposed.   Spring 2007, as Proposed.	The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code, 25 P. S. §§ 2701--2750. Statutory Authority: Section 2750 of the Election Code, 25 P. S. § 2570, which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting.     This proposed rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006, which requires the Lobbying Disclosure Committee to deliver proposed regulations implementing the provisions of Act 134 within 180 days. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.	L. Lawrence Boyle [phone]
Bureau of Professional and Occupational Affairs --Schedule of Civil Penalties (Nurses) 49 Pa. Code § 43b.18 (16--38)   --Schedule of Civil Penalties (Veterinarians and Veterinary Technicians) 49 Pa. Code § 43b.21 (16--39)   --Recording Devices 49 Pa. Code, §§ 43b.101--43b.102 (number not yet assigned)	Winter 2007/2008, as Final.       Summer 2007, as Statement of Policy.             Fall 2007, as Proposed.	The regulations would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).   The statement of policy would implement Act 48 civil penalty schedules for certain violations of the Veterinary Medicine Practice Act and the regulations of the State Board of Veterinary Medicine. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).       The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.	Cynthia K. Montgomery [phone]                           Thomas A. Blackburn [phone]
State Board of Accountancy   --Continuing Education 49 Pa. Code §§ 11.61--11.69a (16A-5511)   --Biennial Renewal Fees 49 Pa. Code § 11.4 (16A-5512)	Fall 2007, as Proposed.         Summer 2007, 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.	Kristopher Adams [phone]
State Architects Licensure Board --Architect Registration Examination Requirements 49 Pa. Code § 9.45(b) (16A-419)	Fall 2007, 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).	Penny Walker [phone]
State Athletic Association --Communicable Disease Testing 58 Pa. Code § 21.8 (16-37)	Fall 2007, as Proposed.	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.	Greg Sirb [phone]
State Board of Barber Examiners --Student Records and Curriculum- 49 Pa. Code, Chapter 3 (16A-427)	Fall 2007, 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 Ch. 5 (16A-4312)           --Patient records 49 Pa. Code § 5.51 (16A-4313)       --Reactivation of Lapsed Licenses 49 Pa. Code § 5.17 (16A-4314)           --Volunteer license 49 Pa. Code § 5.20 (number not yet assigned)	Fall 2007, as Proposed.             Fall 2007, as Final.       Fall 2007, as Proposed.             Fall 2007, 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 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)	Fall 2007, 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)	Fall 2007, 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).	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)     --Volunteer license 49 Pa. Code § 33.110 (number not yet assigned)	Fall 2007, as Proposed.         Fall 2007, as Proposed.               Fall 2007, as Final.         Fall 2007, as Final (Proposed- omitted).	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 and will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. 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 is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).	Lisa Burns [phone]
State Registration Board for Professional Engineers, Land Surveyors and Geologists --General Revisions 49 Pa. Code, Chapter 37 (number not yet assigned)	Winter 2007-2008, 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 --Forms Review 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)       --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)	Fall 2007, as Final.           Fall 2007, as Proposed.         Fall 2007, as Proposed.           Fall 2007, as Final.	This proposed regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).   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).   The proposed rulemaking 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 --Qualifications of Expert Witnesses 49 Pa. Code § 16.52 (16A-4923)       --Acupuncture 49 Pa. Code § 18.15 (16A-4924)                 --Volunteer License 49 Pa. Code § 16.18 (number not yet assigned)	Fall 2007, as Proposed.           Winter 2007-2008, as Proposed.               Fall 2007, as Final (Proposed- omitted).	This proposed regulation will adopt the criteria for qualification as an expert established by section 512 of the Mcare Act for all proceedings before the Board. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.   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 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]
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)         --Fees for CRNP Continuing Education Course Approval 49 Pa. Code, Chapter 21 (16A-5128)   --Nursing Programs and Faculty Requirements 49 Pa. Code, Chapter 21 (16A-5129)   --Continuing Education for RNs 49 Pa. Code, Chapter 21 (16A-5130)	Winter 2007-2008, as proposed.     Winter 2007-2008, as proposed.                 Fall 2007, as proposed.                 Fall 2007, as final.           Winter 2007-2008, as proposed.          Fall 2007, as final.	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.   This regulation would establish a fee for the approval of CRNP continuing education courses. Statutory Authority: Sections 8.1(c) and 11.2(a) and (d) of the Professional Nursing Law, 63 P. S. §§ 218.1(c), 221.2(a) and (d).     This regulation updates the Board's regulations relating to nursing education programs as part of a systematic review of the professional nursing regulations undertaken by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   The proposed regulation is required to implement the continuing education requirements mandated by Act 58 of 2006. Statutory authority: Section 12 of the Professional Nursing Law, 63 P. S. § 222.	Ann Steffanic [phone]
State Board of Nursing (cont'd) --Schedule of Civil Penalties--Nurses 49 Pa. Code § 43b.18 (16-38)     --Faculty Requirements for Nursing Education Programs 49 Pa. Code §§ 21.71 and 21.72 (16A-5131)       --Administration of Conscious Sedation Medications 49 Pa. Code, Chapter 21 (number not yet assigned)   --Volunteer License 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)	Fall 2007, as final.         Fall 2007, as proposed.                 Winter 2007-2008, as proposed.           Fall 2007, as final (proposed- omitted).	The regulations would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).   This proposed rulemaking would amend the Board's regulations relating to faculty requirements in order to expand the pool of qualified faculty, faculty assistants and allied faculty for nursing education programs. Statutory authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1, provides the Board the authority to establish standards for the operation and approval of nursing education programs.   The proposed regulation would provide standards for registered nurses in the administration of conscious sedation medications. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).       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 --Administrator-In- Training 49 Pa. Code, Chapter 39 (16A-627)	Fall 2007, as final.	This regulation would create an alternative method for obtaining experience and training prior to admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).	Chris Stuckey [phone]
State Board of Occupational Therapy Education and Licensure --Orders 49 Pa. Code § 42.25 (16A-676)         --Continuing Competency 49 Pa. Code §§ 42.50--42.58 (16A-677)	Summer 2007, as final.         Fall 2007, as roposed.	This regulation would authorize an occupational therapist to receive an oral order when it is impracticable to receive a written order. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).   The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63p 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 2007, 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)     --Volunteer License 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607 (number not yet assigned)	Fall 2007, as proposed.           Fall 2007, as final (proposed- omitted).	This joint rulemaking (with 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(p) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10(p).   This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.	Gina Bittner [phone]
State Board of Pharmacy --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)   --Syringes and Needles 49 Pa. Code, Chapter 27 (16A-5418)     --Pharmacist Breaks 49 Pa. Code, Chapter 27 (16A-5419)     --Matters of Conscience 49 Pa. Code § 27.103 (16A-5421)	Fall 2007, as final.             Fall 2007, as proposed.           Winter 2007-2008, as proposed.     Fall 2007, as proposed.           Winter 2007-2008, as proposed.       Summer 2007, as statement of policy.	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 proposed 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).   The proposed 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 thirty-minute break while the pharmacy remains open. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).   This statement of policy provides guidance to pharmacists who may have a religious, moral or ethical objection to filling a particular prescription. Statutory Authority: Section 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. § 390-6(k)(1) and (9).	Melanie Zimmerman [phone]
State Board of Physical Therapy --Biennial Renewal Fees 49 Pa. Code § 40.5 (16A-6511)	Fall 2007, as final.	This regulation would increase the biennial renewal fees for physical therapists, physical therapy assistants and certificate holders. Statutory Authority: Section 8(b) of the Physical Therapy Practice Act, 63 P. S. § 1308(b).	J. Robert Kline [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)	Winter 2007-2008, as proposed.         Fall 2007, 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)	Fall 2007, as proposed.           Fall 2007, as proposed.         Fall 2007, 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).	Chris Stuckey [phone]
State Real Estate Commission --Seller's Property Disclosure Statement 49 Pa. Code § 33.335a (16A-5611)   --Education 49 Pa. Code § 35.384, 35.385. (16A-5613)       --Consumer Notice 49 Pa. Code § 35.336 (16A-5614)     --Partial Fees 49 Pa. Code, Chapter 35 (16A-5615)	Fall 2007, as proposed.         Winter 2007-2008, as proposed.         Fall 2007, as final.       Winter 2007-2008, 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).   The 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.   The proposed regulation would eliminate the partial fees charged to licensees who apply mid-biennium. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.	Patricia Ridley [phone]
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors --Technical Amendments 49 Pa. Code §§ 47.1 and 47.1a. (16A-699)           --Standards of Professional Conduct 49 Pa. Code, Chapters 47, 48 and 49 (16A-6911)	Fall 2007, as inal.                 Fall 2007, as proposed.	This regulation clarifies the definition of ''accredited school,'' amends the name of the examination, and provides that students who graduate from social work programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.   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).	Sandra Matter [phone]
State Board of Examiners in Speech-Language and Hearing --General Revisions 49 Pa. Code, Chapter 45. (number not yet assigned)	Winter 2007-2008, 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).	Sandra Matter [phone]
State Board of Vehicle Manufacturers, Dealers and Salespersons --Salesperson License 49 Pa. Code, Chapter 19 (16A-609)	Fall 2007, 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).	Pamela Marsden [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)     --Schedule of Civil Penalties-- Veterinarians and Veterinary Technicians 49 Pa. Code § 43b.21 (16-39)	Fall 2007, as proposed.         Fall 2007, as proposed.         Fall 2007, as final.           Summer 2007, as statement of policy.	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.   The statement of policy would implement Act 48 civil penalty schedules for certain violations of the Veterinary Medicine Practice Act and the regulations of the State Board of Veterinary Medicine. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	J. Robert Kline [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
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 re-submitted it with IRRC's technical addition.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [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 re-submitted it with IRRC's technical addition.	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [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.)	2007	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]   Tom Wanich [phone]
4 Pa. Code § 247.7(c). 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).)	2007	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.	Paul Stahlnecker, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	2007	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 [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 247.6. (a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	2007	The regulation has been rendered obsolete by changes to SERS' enabling legislation.	Brian McDonough [phone]   Robert Gentzel [phone]   Tom Wanich [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.)	2007	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.	Brian McDonough [phone]   Robert Gentzel [phone]   Tom Wanich [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.)	2007	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]   Tom Wanich [phone]
4 Pa. Code § 241.1. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.)	2007	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.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	2007	This new regulation would specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
4 Pa. Code § 243.8. Membership rules for educational employees.	2007	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   Tom Wanich [phone]
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	January 2008, as proposed.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749.	Syndi L. Guido Policy Director [phone]
DNA Detection of Sexual and Violent Offenders 37 Pa. Code Chapter 58	January 2008, 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 2008, 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 Act 152 of 2004, which made substantive amendments to 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 2007	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	December 2007	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 2007	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 2007	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S, Section 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 2007	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]
51--Transfer, Exchange & Reclassification of Registration   67 Pa. Code, Chapter 51	December 2007	An amendment is needed to remove the dollar amount referenced in the regulation since Section 1927 of the Vehicle Code lists the fee. This action will avoid future changes to the regulation if the law changes the fee.	Phil VanBriggle [phone]
71--School Bus Drivers   67 Pa. Code, Chapter 71	September 2007	The regulation needs to be revised to allow chiropractors to complete school bus driver physicals. HB1912, Act 76, passed July 15, 2004, requires this change. (Final Promulgation Date expected July 2007.) Additionally, the regulations are being updated to clarify the requirements for diabetic drivers by, in part, making terminology consistent with the American Diabetic Association. (First published September 2007).	Scott Shenk [phone]
83--Physical & Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code, Chapter 83	December 2007	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 76, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits. (First published September 2007.)	Scott Shenk [phone]
221--Obligations of Insurer and Vehicle Owner   67 Pa. Code, Chapter 221	December 2007	This regulation should be updated to reflect the changes that have been implemented for more use of electronic reporting of insurance cancellation information by insurers.	Phil VanBriggle [phone]
255--Messenger Services   67 Pa. Code, Chapter 255	December 2007	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	December 2007	The regulation needs to be updated to incorporate continued improvements in technology and engineering related to pupil transportation and to make general references to the Federal standards.	Scott Shenk [phone]
173--Flashing Lights on Emergency and Authorized Vehicles	July, 2007	This regulation updates rules governing flashing lights on emergency and other responder vehicles to incorporate new technology and lighting configurations.	Lawrence Allen [phone]
443--Roadside Rest Areas	September 2007	This regulation adds to and clarifies the list of activities prohibited at roadside rest areas to address issues that have arisen in the continuing operation of these facilities.	Jack Cristensen [phone]

[Pa.B. Doc. No. 07-1166. Filed for public inspection June 29, 2007, 9:00 a.m.]