1142 Regulatory review

GOVERNOR'S OFFICE

Regulatory Review

[30 Pa.B. 3317]

   Executive Order 1996-1, which was signed by Governor Ridge on February 6, 1996, 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 ninth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

	Proposed Date of
Regulation Being Considered	Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 11 Older Adult Daily Living Centers	February 2002, as proposed.	This regulation is being reviewed for consolidation with regulations from DPW and DOH with the intent to publish as part of regulations to be proposed as Adolescent and Adult Day Center Licensing Regulations. Review is also occurring as a result of 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.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 15 Protective Services For Older Adults	September 2000, as final.	This regulation is being reviewed as a result of the 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. The proposed amendments were published as proposed rulemaking in the Pennsylvania Bulletin on November 27, 1999. A second draft of amendments was prepared based on comments received and a second round of meetings was held with stakeholders in May-00.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	July 2002, as proposed.	Review is continuing as part of a Departmental evaluation in response to Executive Order 1996-1. The review will be coordinated with the Adult Residential Facilities initiative being led by the Office of Licensing and Regulatory Management, Department of Public Welfare.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 3 Fair Hearings and Appeals	July 2001, 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. The completion of any proposed changes is dependent on the promulgation of final adult protective services regulations.	Robert Hussar 717-783-6207
AGRICULTURE
Agricultural Land Conservation Assistance Grant Program 7 Pa. Code Chapter 138h	August, 2000, as final.	This regulation will amend current regulations to refine the criteria pursuant to which the Department awards grants for farmland protection projects of Statewide scope. The proposed regulation was published at 30 Pa.B. 638 (February 5, 2000).	Raymond Pickering [phone]
''Clean and Green'' Regulations 7 Pa. Code Chapter 137	July, 2000, as proposed. No later than April 30, 2001, as final.	Act 156 of 1998 revised the ''Clean and Green'' Law (72 P. S. §§ 5490.1--5490.13) and afforded the Department until April 30, 2001 by which to promulgate regulations to implement these revisions. The regulations will promote uniform and consistent interpretation and enforcement of the Act Statewide.	Raymond Pickering [phone]
Agricultural Conservation Easement Purchase Program	September, 2000, as proposed.	Act 138 of 1998 amended the Agricultural Area Security Law by permitting local government unit participation in agricultural conservation easement purchases. The regulations at 7 Pa. Code Chapter 138e must be revised to implement this statutory change.	Raymond Pickering [phone]
Consolidation/Update of Retail Food Store Regulations	January, 2001, as proposed.	This regulation would provide the retail food industry needed and requested guidance for the safe handling of food. The Food Act (31 P. S. §§ 20.1--20.18) is the statutory basis for this regulation.	Lenchen Radle [phone]
Agricultural Security Areas	November, 2000, as proposed.	This regulation will revise the current regulation at 7 Pa. Code Chapter 138 to address revisions to the statute on which that regulation is premised: the Agricultural Area Security Law (3 P. S. §§ 901--915).	Raymond Pickering [phone]
Maple Products	March, 2001, as proposed.	This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products.	Lenchen Radle [phone]
Harness Racing Commission	December, 2000, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Anton J. Leppler [phone]
Land application of soil and groundwater contaminated with agricultural chemicals	December, 2000, as proposed.	This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds.	Phillip M. Pitzer [phone]
Farm Safety and Occupational Health Grant Program	December, 2000, as final.	This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pennsylvania Bulletin. This regulation would formalize the statement of policy by which the Farm Safety and Occupational Health Grant Program operates. The Program awards grants to fund projects to increase the knowledge and awareness of farm safety measures and occupational health issues among the Commonwealth's rural youth. The proposed regulation was published at 30 Pa.B. 781 (February 12, 2000).	Phillip M. Pitzer [phone]
Farm Safety Tuition Assistance Grant Program	December, 2000, as final.	This regulation will establish a program to provide individual grants of up to $100 toward tuition charged by an approved farm safety course provider. The proposed regulation was published at 30 Pa.B. 771 (February 12, 2000).	Phillip M. Pitzer [phone]
Farm Safety Developmental and Instructional Program	December, 2000, as final.	This regulation will establish a program to provide grants totaling up to $30,000 for the development or implementation of farm safety courses. The proposed regulation was published at 30 Pa.B. 776 (February 12, 2000).	Phillip M. Pitzer [phone]
Sustainable Agriculture Grant and Loan Programs	September, 2000, as final.	This regulation establishes grant and loan programs to implement best management practices. These programs are required under the Sustainable Agriculture Act (3 P. S. §§ 2101--2107).	Dave Bingaman [phone]
Fruit Tree Improvement Program	December, 2000, as proposed.	This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers.	Ruth Welliver [phone]
Certification of Virus-Tested Geraniums	December, 2000, as proposed.	This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa. Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services.	Ruth Welliver [phone]
Dog Law	October, 2000, as proposed.	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 21, 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.	Richard Hess [phone]
Domestic Animals	December, 2000, as proposed.	This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389).	John Enck, DVM [phone]
Pseudorabies Disease 7 Pa. Code Chapter 10	September, 2000, as proposed.	The planned revisions of this chapter will assist the Department in attaining ''Pseudorabies-free'' status under the joint Federal-State Industry Pseudorabies Eradication Program, and will bring the current regulation into greater conformity with the requirements of the Domestic Animal Law.	John Enck, DVM [phone]
Brucellosis Vaccination	October, 2000, as final.	This regulation will address advances in vaccination technology. The proposed regulation was published at 30 Pa.B. 768 (February 12, 2000).	John Enck, DVM [phone]
Equine Infectious Anemia and Brucellosis Testing Techniques	October, 2000, as final.	This regulation will address advances in testing for the referenced animal diseases. The proposed regulation was published at 30 Pa.B. 768 (February 12, 2000).	John Enck, DVM [phone]
Aquaculture Development	October, 2000, as proposed.	This Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation.	Leo Dunn [phone]
BANKING
Continuing education regulations for residential first mortgage lender and broker industry.	Fall 2000, as proposed.	The Mortgage Bankers and Brokers Act (MBBA) is Act 90 of 1989, and has been amended by Act 131 of 1998. Amended section 4(e) of the MBBA provides that the Secretary of Banking shall delineate the requirements for continuing education regulations for licensees (i.e., mortgage bankers, mortgage brokers, and loan correspondents) by regulation within three years of the effective date (February 19, 1999) of the amendments to the MBBA. Therefore, continuing education regulations are required to be promulgated by February 19, 2002.	Carter D. Frantz [phone]
Amendment to eliminate the restriction on a banking institution taking pledges of stock or capital securities of its affiliates or the corporation which owns or controls the capital stock of the institution.	Publication not anticipated in the next 6 months.	The existing regulation at 10 Pa. Code § 13.41 was adopted in 1970. At present, national banks are permitted to make loans secured by stock or capital securities of their affiliates and/or their holding company. For competitive purposes, the Department is considering amending its regulation to permit Pennsylvania state-chartered banking institutions to make loans secured by stock or capital securities of their affiliates and/or their holding company.	Carter D. Frantz [phone]
Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions.	Publication not anticipated in the next 6 months.	The existing leeway investments regulations are located at 10 Pa. Code § 27.1--27.4 and have been effective since March 9, 1974. These regulations were promulgated pursuant to authority stated in sections 103(a), 307, 311(d)(vi), and 504(b)(x) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a), 307, 311(d)(vi), and 504(b)(x), and can be amended pursuant to the same statutory authority. Leeway investments are made by Pennsylvania state-chartered banks in stock, bonds, notes, or debentures of corporations formed to promote the public welfare and community development, expand the economy, or provide for social reform.	David H. Bleicken [phone]
''Other investments'' regulations for Pennsylvania state-chartered banking institutions.	Publication not anticipated in the next 6 months.	Sections 103(a) and 315(g) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a) and 315(g), provide authority for the Department to promulgate regulations to allow Pennsylvania state-chartered banking institutions to make investments not otherwise authorized by the Banking Code.	Reginald S. Evans [phone]
BUDGET
Fiscal Notes 4 Pa. Code Chapter 7	June 2000, as proposed.	Section 612 of the Administrative Code of 1929, as amended, 71 P. S. § 232, provides the authority for the Office of the Budget to promulgate regulations regarding the preparation of fiscal notes. The modified regulation prescribes the process agencies must implement to ensure a fiscal note is written for each proposed, final, and final omitted regulation.	Pamela F. Cross [phone] Ext. 3070
COMMUNITY & ECONOMIC DEVELOPMENT
No regulations being developed or considered at this date.
COMMISSION ON CRIME AND DELINQUENCY
Constables' Education and Training Board	Summer 2000, as proposed.	A regulation is needed to implement the authority of Act 1994-44, 42 Pa.C.S.A. §§ 2944--2948, as to program content and administration of basic training and continuing education, standards for certification to carry firearms in the performance of constable duties, and qualifications for schools and instructors.	Stephen Spangenberg [phone] ext. 3040
Bureau of Victims' Service, Victims Compensation Division (formerly Crime Victim's Compensation Board)--Revisions to 37 Pa. Code Chapter 191	Fall 2000, as proposed.	Substantial revisions are needed to reflect elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by section 4 of Act 1997-57; and citation changes resulting from Act 1998-111 and its relocation of the Crime Victims Act (the Act) from Title 71 of Purdon's Statutes to 18 P. S. § 11.101 et. seq. The Act at 18 P. S. § 11.312(3) gives the Bureau of Victims' Service the authority, subject to the approval of PCCD, to promulgate regulations to carry out the purposes of the Act as it relates to compensation. Also to be revised are current rules that are obsolete due to inflation (e.g. the monetary ceilings for funeral expenses) or societal changes or that limit the Bureau's flexibility in carrying out the purposes of the Act (e.g., rules for computing loss of earnings or support)	Lynn Shiner [phone] ext. 3210
CONSERVATION & NATURAL RESOURCES
State Parks Rules and Regulations	November 2000, as proposed.	Updates are necessary to reflect changes for more efficient operations, increase opportunities for public recreation, and an effort to improve visitor services and to promote good stewardship of public parks. Six state-wide regional meetings are being held to begin to gather input on regulatory changes. Legal basis for these regulations is Act 18 of 1995.	Gary Smith 717-783-3303
Conservation of Native Wild Plants	December 2000, as proposed.	This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking.	Bob Hill/Chris Firestone [phone]
CORRECTIONS
Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code.	Summer 2000, as proposed.	The purpose of the review is to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Commissioner of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law.	J. D. Shutt [phone]
EDUCATION
22 Pa. Code Chapter 155--Board of State College and University Directors--Personnel	September 2000, as final-omitted.	Chapter 155--This chapter was issued under Section 2 of the Act of February, 1970 (P. L. 24, No. 13) (24 P. S. § 20-2002) (Repealed). It was adopted June 12, 1975, 5 Pa.B. 1548.	Ernest Helling [phone]
Chapter 161--School Administrators Handbook		Chapter 161--Statutory authority for this chapter is 71 P. S. § 352.
Chapter 181--Mentally Retarded Exceptional Children		Chapter 181--Taken from the PA Bulletin (Vol. 3, No. 39-9/15/73, p. 2069), the authority was contained in the Act of January 14, 1970, P. L. (1969) 468 (24 P. S. § 13-1372).
Chapter 251--Postsecondary Education Planning Commission--Rules & Regulations		Chapter 251--The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, was authorized by 20 U.S.C., Section 1143 and established by the Governor upon recommendation of the State Board of Education through its resolution of March 15, 1974.
Chapter 329--Computation of Subsidy		Chapter 329--This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code.
Special Education Services and Programs 22 Pa. Code, Chapter 14 and 22 Pa. Code, Chapter 342	September 2000, as proposed.	These regulations are necessary to establish procedures for the identification of students who are in need of special education services and programs and to set forth requirements and procedures for the delivery of those services and programs. The review of these current regulations will focus on current federal and state law regarding special education services and programs to ensure compliance, consistent and accurate terminology and application of existing provisions. These regulations will be published as a single regulation, Chapter 14. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1-101--26-2606-B).	Peter Garland [phone]
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36, 40, 42	July 2000, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No.14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Peter Garland [phone]
Gifted Education 22 Pa. Code, Chapter 16	September 2000, as final.	These regulations establish separate rules for programs and services for gifted students apart from those established for other special needs students. Special education regulations (Chapters 14 and 342) are largely driven by federal action. Gifted education is a state program. Separation of enabling regulations will permit greater efficiency and effectiveness in program operations. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Peter Garland [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	September 2000, as final-omitted.	Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999 which requires continuing professional development for all certificated educators. Since these revisions will be technical to incorporate a statutory change, they will be promulgated as final rulemaking with the public comment phase omitted.	Peter Garland [phone]
Institutional Preparation of Professional Educators 22 Pa. Code, Chapter 354	August 2000, as final.	These standards will provide general requirements for programs which prepare professional educators in the Commonwealth. Pennsylvania colleges and universities must meet these standards to obtain or retain Pennsylvania Department of Education approval to conduct professional educator programs leading to Pennsylvania certification. These regulations are being promulgated under authority of 22 Pa. Code, Chapter 49.	Ron Simanovich [phone]
College and University Security 22 Pa. Code, Chapter 33	September 2000, as final.	These regulations govern the responsibility of institutions of higher education for the provisions of college and university security information and the collection and reporting of crime statistics. Revisions are necessary to incorporate provisions for the establishment of and access to daily campus crime logs. These regulations are promulgated under authority of the College and University Security Information Act (P. L. 443, No. 73) (24 P. S. § 2502-1 to 2502-5).	Peter Garland [phone]
Program Standards and Eligibility Criteria for the Higher Education Opportunity Act 22 Pa. Code, Chapter 44	September 2000, as final.	These regulations establish program requirements and eligibility criteria for Act 101 programs in colleges and universities. Revisions update eligibility criteria to reflect current income levels. These regulations are promulgated under authority of (P. L. 423, No. 101 § 3 and 4) (24 P. S. § 2510-303, § 2510-304).	Peter Garland [phone]
Community Colleges 22 Pa. Code, Chapter 35	August 2000, as proposed.	These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are proposed in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Peter Garland [phone]
Charter School Services and Programs for Children With Disabilities 22 Pa. Code, Chapter 703	July 2000, as proposed.	The proposed regulations are promulgated to facilitate compliance with Federal statute, regulation and court decrees that apply in the Commonwealth to children with disabilities. The purposes of proposed Chapter 703 are to develop procedures for special education in charter schools and adopt by reference applicable Federal regulations.	Timothy Daniels [phone]
Economic Standards and Assessment 22 Pa. Code, Chapter 4	September 2000, as proposed.	Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards. When initially promulgated in 1999, Chapter 4 contained academic standards in reading, writing, speaking and listening, and mathematics. Additional sets of standards were anticipated. This revision to Chapter 4 seeks to establish academic standards in Science and Technology, and Environment and Ecology.	Peter Garland [phone]
General Provisions--State Board of Private Licensed Schools 22 Pa. Code, Chapter 73	July 1, 2000, as proposed.	The Notice of Proposed Rulemaking will amend Section 73.151 (relating to fees) of the State Board of Private Licensed Schools to raise sufficient revenue to offset the Board's projected expenditures for Fiscal Years 2000-01 and 2001-02. These regulations are promulgated under the authority of the Private Licensed Schools Act, Act 174 of 1986 (1986, Dec. 15, P. L. 1585, No. 174, § 1, effective Jan. 1, 1987) (24 P. S. §§ 6501--6518).	James G. Hobbs [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	Department review will begin August 1, 2000.	Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18 on Vocational Education and section 2502.8 on Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a).	John C. Foster [phone]
22 Pa. Code, Chapter 191	August, 2000, as proposed.	A new chapter in 22 Pa. Code will provide for procedures for calculating state subsidies for the National School Lunch and School Breakfast programs. These procedures are necessary to incorporate provisions of Act 16 of May 3, 2000, amending the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1337.1)	Pat Birkenshaw [phone] (as well as any considered subsequent to publication of this Agenda) is published.

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EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 120 ''Public Safety Emergency Telephone Program''	July 2000, as final.	Required by Public Safety Emergency Telephone Act	Mark Goodwin 717-651-2010
ENVIRONMENTAL HEARING BOARD
25 Pa. Code Chapter 1021	Fall 2000, as proposed.	The Environmental Hearing Board and its Procedural Rules Committee are considering proposing new rules of procedure relating to the following: electronic filing and service of legal documents, appointment of hearing examiners, referral of pro se parties to pro bono counsel, and substitution of parties to proceedings before the Board. In addition, the Board and Rules Committee are considering the following: 1) proposing new rules of procedure relating to withdrawal of appearance and to electronic filing and service of legal documents; 2) revisions to existing rules relating to the number of copies of documents to be filed with the Board and certification of records on appeal to the Commonwealth Court; and 3) reorganization of the rules of practice and procedure in order to make the rules more user-friendly for practitioners before the Board. The Board and Rules Committee intend to propose regulations relating to one or more of these subjects during the year 2000. The legal basis for these regulations is section 5 of the Environmental Hearing Board Act (35 P. S. § 7515).	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
Stream Redesignations--Little Bush Kill, et al. Clean Streams Law	November 2000, as proposed.	This stream redesignation package includes five streams or portions thereof that were evaluated for redesignation as High Quality (HQ) or Exceptional Value (EV) Waters. The Little Bush Kill (Pike Co.) was evaluated in response to a petition from Bushkill Falls. West Penn Township (Schuylkill Co.) petitioned for redesignation of Lizard Creek. Smithtown Creek (Bucks Co.) was studied as a result of a petition from the Smithtown Creek Watershed Association. The Pennsylvania Fish and Boat Commission requested evaluation of Oswayo Creek (Potter Co.) and Browns Run (Warren Co.). Public notice that the assessments were being undertaken was given in December 1999, and draft evaluation reports were submitted to petitioners and municipal governments in May 2000.	Bob Frey, 717-787-9637
Chapter 109--Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act	August 2000, as proposed.	This proposal will incorporate the provisions of the Federal Disinfectants and Disinfection Byproducts Rule, promulgated in December 1998, into the Safe Drinking Water regulations in Chapter 109. The rule regulates disinfection practices at public water systems by implementing standards to eliminate or minimize harmful byproducts of disinfection treatment processes in public drinking water. The Technical Assistance Center for Small Water Systems (TAC) and Water Resources Advisory Committee (WRAC) reviewed drafts of the proposal.	Ed Rawski, 717-783-3796
Chapter 109--Interim Enhanced Surface Water Treatment Rule Safe Drinking Water Act	August 2000, as proposed.	This proposal will incorporate the provisions of the Federal Interim Enhanced Surface Water Treatment Rule, promulgated in December 1998, into the Safe Drinking Water regulations in Chapter 109. The rule applies to public water systems that serve 10,000 or more people and that use surface water or ground water under the direct influence of surface water. Implementation of the rule will significantly reduce the level of Cryptosporidium in finished drinking water supplies through improvements in filtration. The filtration provisions of the rule are expected to increase the level of protection from other pathogens, as well. The TAC and WRAC reviewed drafts of the proposal.	Ed Rawski, 717-783-3796
Chapter 109--Consumer Confidence Report Rule and Revisions to Public Notification Safe Drinking Water Act	Contingent on EPA action.	This proposal will incorporate into DEP's Safe Drinking Water regulations the provisions of the Federal Consumer Confidence Report (CCR), which was promulgated in August 1998, and the soon-to-be promulgated revisions of the Federal Public Notification regulations. The rules expand and clarify requirements that deal with the public's right to know what is in the water they receive from a regulated public water supplier. The CCR rule requires that an annual report be prepared by every community water system and distributed to their customers and consumers. The revisions to the public notification regulations will simplify how all types of public water systems issue notice to consumers when a violation or similar event that can affect health occurs at the system. Because the two rules are closely related, they will be combined as one proposal. The TAC and WRAC will review drafts of the proposal.	Jeffrey Gordon, 717-772-4018
Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act	December 2000, as proposed.	Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits, simplify the application fee schedule, and clarify the Chapters 105 & 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee is thoroughly reviewing the issues. The Agricultural Advisory Board is also being briefed on developments. The date for EQB consideration of a proposed rulemaking remains tentative at this time pending WetPAC's deliberations.	Ken Reisinger, 717-787-6827
Waste Oil Amendments Solid Waste Management Act	December 2000, as final.	This proposal consolidates the requirements for the management of used oil into one chapter. DEP discussed issues raised during the public comment period with the Solid Waste Advisory Committee (SWAC) in September 1999. SWAC will review the draft final amendments.	Scott Walters, 717-787-7381
Universal Waste Rule--Addition of Mercury Devices Solid Waste Management Act	October 2000, as final.	The Universal Waste Rule allows certain hazardous wastes to be managed under requirements that are less prescriptive than full RCRA hazardous waste Subtitle C regulation. This proposal adds mercury-containing devices to the list of wastes managed as universal wastes. Mercury devices were petitioned for inclusion by Advanced Environmental Recycling Corporation in August 1997. SWAC will review the draft final rulemaking.	Rick Shipman, 717-787-6239
Municipal Waste Amendments Solid Waste Management Act	August 2000, as final.	This proposal changes the environmental assessment requirements to evaluate known and potential environmental harms vs. social and economic benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for nuisance minimization and control; modifies the closure requirements and assessment and abatement standards for consistency with Act 2 regulations and federal Subtitle D criteria; and revises isolation distances, facility design and operating standards, and leachate sampling requirements. The draft final rulemaking will be reviewed by SWAC.	Bill Pounds, 717-787-7564
Residual Waste Amendments Solid Waste Management Act	August 2000, as final.	This proposal changes the definition of waste and related terms to be similar to the solid waste definitions in RCRA Subtitle C; revises definitions and final closure standards for consistency with Act 2 regulations; allows for industry-wide coproduct determinations and recycling of scrap metal; revises performance standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; revises the permit application fee and simplifies the approval process for demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; revises leachate sampling requirements and modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft final regulations will be reviewed by SWAC.	Bill Pounds, 717-787-7564
Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act Solid Waste Management Act	March 2001, as final.	These amendments clarify the existing regulations and update several provisions to reflect current science. The revisions are necessary to provide clear direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. DEP worked with the Cleanup Standards Scientific Advisory Board (CSSAB) in developing this proposal. Adopted by the EQB in June, the proposed amendments are anticipated to be published in August 2000.	Dave Hess, 717-783-7816
Storage Tank and Spill Prevention Program--Integration of Act 2 Provisions Land Recycling and Environmental Remediation Standards Act	August 2001, as final.	This proposal integrates the provisions of the Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995) into Chapter 245 (Administration of the Storage Tank and Spill Prevention Program). The proposal changes definitions in Subchapter A for consistency between the two programs. In Subchapter D, the proposal incorporates procedures for selecting and attaining one or more of the Act 2 remediation standards into the corrective action process for regulated storage tanks, eliminating language that was based on implementation of the Department's Groundwater Protection Strategy which was in effect when Subchapter D was adopted in 1993. DEP worked with the Storage Tank Advisory Committee (STAC) in developing this proposal. Adopted by the EQB in June, the proposed amendments are anticipated to be published in August 2000.	Charles Swokel, 717-783-7509
Host Municipality Fund Allocation Amendments Hazardous Sites Cleanup Act	March 2001, as final.	This proposal clarifies the eligibility requirements for a host municipality to receive a one-time payment from the Host Municipalities Fund. It also modifies the allocation formula for distribution of the one-time payment to replace the Hazardous Waste Site Ranking System established by EPA in Appendix A of 40 CFR 300 with a simpler, less costly and more appropriate method. The proposal clarifies several ambiguities in the existing regulations and responds to recent litigation initiated by a municipality that is host to a commercial hazardous waste treatment facility. SWAC reviewed a draft of the proposal. Adopted by the EQB in June, the proposed amendments are anticipated to be published in August 2000.	Rick Shipman, 717-787-6239
Household Hazardous Waste Collection and Disposal Small Business and Household Pollution Prevention Program Act Solid Waste Management Act	October 2000, as proposed.	This proposal further clarifies the household hazardous waste regulations in Chapters 261, 271 and 272, makes the language consistent with that used in the Small Business and Household Pollution Prevention Program Act and ensures that waste collected as part of a household hazardous waste program are properly managed as hazardous waste rather than as part of the municipal waste stream. SWAC reviewed a draft of the proposal.	Tom Hyatt, 717-787-8686
Nitrogen Oxides (NOx) SIP Call Air Pollution Control Act	July 2000, as final.	This proposal is necessary for Pennsylvania to adopt a NOx reduction program for large stationary sources to achieve the emission reductions necessary for Pennsylvania and other states to achieve the National Ambient Air Quality Standards (NAAQS) for ozone. DEP published an Advance Notice of Final Rulemaking (ANFR) on January 22, 2000, with a 30-day public comment period. The ANFR was republished on February 26, 2000, with an additional 30-day comment period and three public hearings. The final amendments were reviewed by the Air Quality Technical Advisory Committee (AQTAC).	Dean Van Orden, 717-787-4310
Emissions of Nitrogen Oxides (NOx) from Combustion Units and Process Heaters Air Pollution Control Act	December 2000, as proposed.	As one of the recommendations of the Southeast Pennsylvania Stakeholders Working Group to achieve additional NOx reductions, this proposal would require operators of certain combustion units and process heaters with rated heat inputs between 100 million and 250 million Btus (MMBtus) per hour to implement NOx reduction programs. Facilities would be required to meet an emission reduction program that has a cost effectiveness of less than $3,000 per ton. This proposal is estimated to affect approximately 10 facilities with 35 to 40 units in the Southeast Pennsylvania area. The AQTAC will review a draft of the proposal.	Terry Black, 717-787-4310
Solvent Cleaning Operations Air Pollution Control Act	January 2001, as final.	The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from degreasing operations. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop the proposal. The proposed regulations, published on August 28, 1999, with three public hearings, establish additional requirements for solvent cleaning operations and new requirements for operations not presently regulated by the provisions of Section 129.63. The AQTAC reviewed a draft of the proposed rulemaking and will review a draft of the final rulemaking before the EQB considers it.	Terry Black, 717-787-4310
New Source Review Air Pollution Control Act	Contingent on EPA Action.	The Department's existing new source review regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits. The Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft new source review (NSR) regulations a number of mechanisms related to generation and use of Emission Reduction Credits (ERC's), and the use of an ''area wide'' plantwide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996; however, EPA has not yet issued final rules. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated.	Terry Black, 717-787-4310
Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act	June 2001, as final.	The Department is updating its regulations for the control of radioactive material in preparation for becoming an Agreement State with the U. S. Nuclear Regulatory Commission (NRC). One of the NRC requirements for the agreement is to have and maintain compatible regulations with the NRC. The proposed regulations address industrial radiography, well logging, irradiators, medical uses, transportation and packaging, protection standards and licensing. The Department consulted with the Radiation Protection Advisory Committee (RPAC) in developing these regulations. Adopted by the EQB in June, the proposed amendments are anticipated to be published in September 2000.	William Kirk, 717-783-9730
Amendments to Radiological Health Chapter 218, Fees Radiation Protection Act	December 2000, as proposed.	DEP is reconsidering its fee structure for registrations, licenses, and inspections of radiation-producing machines and radioactive material. Current fees no longer cover the registration, licensing and inspection costs required by regulation. In addition, DEP's responsibilities will expand to include more complex licensing and inspection when Pennsylvania becomes an Agreement State. With Agreement State status, DEP will assume responsibility for licensing and oversight of decommissioning of a number of sites formerly licensed by the Nuclear Regulatory Commission (NRC). Authority for actual cost recovery will need to be established in the regulations. The RPAC will review drafts of the proposed rulemaking.	William Kirk, 717-783-9730
Amendments to Radiological Health Chapters 221, 227 and 228 Radiation Protection Act	September 2000, as proposed.	DEP is proposing minor changes to Chapter 221 to clarify requirements for X-ray use in the healing arts and to improve consistency with federal regulations. A new section on Radiation Safety Requirements for X-ray Calibration Systems is being added to Chapter 227. A change in Chapter 228 is proposed to modify radiation monitoring requirements to better accommodate existing equipment. These amendments were discussed with RPAC in May 2000.	William Kirk, 717-783-9730
Chapter 240, Radon Certification Radon Certification Act	January 2001, as final.	This proposal amends Section 240.306 to reduce the number of hours from 16 to 8 that are required on an annual basis for participation in Department-approved continuing education training for radon testing or mitigation. The change will reflect current industry practices in surrounding states and is supported by members of the Pennsylvania certified radon community. Adopted by the EQB in June, the proposed amendment is anticipated to be published in August.	Michael Pyles, 717-783-3594
Licensing of Blasters and Storage, Handling and Use of Explosives Explosives Act, Surface Mining Control and Reclamation Act (SMCRA), and Noncoal SMCRA	May 2001, as final.	The proposed amendments reflect changes that have occurred in the industry and the experience DEP has gained in implementing the program since the regulations in Chapters 210 and 211 were developed in 1972. The proposal addresses requirements which are needlessly more stringent and burdensome than federal requirements; incorporates technological advances resulting from research on the effects of blasting on structures; and enhances DEP's ability to prevent issuance of blasters' licenses to previous violators. DEP conducted public outreach meetings from September through December 1998. In addition, the Mining and Reclamation Advisory Board (MRAB) reviewed the draft proposed regulations. The proposal was adopted by the EQB in March 2000 and published for public comment on June 3. Four public hearings will be held in July.	Rick Lamkie, 717-783-9892
Chapter 90--Coal Refuse Disposal Activities Coal Refuse Disposal Control Act, Surface Mining Conservation and Reclamation Act, Clean Streams Law	July 2001, as final.	This proposal updates Chapter 90 and conforms it with the Coal Refuse Disposal Control Act amendments of 1994. It incorporates new requirements pertaining to site selection, permitting and performance standards and consolidates existing permitting and water supply replacement requirements applicable to coal refuse disposal activities into Chapter 90. The MRAB reviewed the draft proposed rulemaking. The proposal was adopted by the EQB in April 2000 and published for comment on June 17. Two public hearings will be held in July.	Tom Callaghan, 717-783-8845
Chapter 207--Underground Noncoal Mines General Safety Law	September 2000, as proposed.	This proposal will consolidate the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments will address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. DEP proposes to incorporate by reference the U. S. Mine Health and Safety Administration's (MSHA) regulations found at 30 CFR Part 57 and add provisions to address certification of foremen as well as the licensing and duties of blasters.	Richard Stickler, 724-439-7469
Amendments to Chapter 78 (Oil and Gas Wells) Oil and Gas Act, Clean Streams Law, Solid Waste Management Act	January 2001, as final.	The amendments clarify several sections relating to drilling, casing and cementing standards; requirements for drilling through gas storage reservoirs; plugging requirements; bonding requirements; and environmental performance standards. The Oil and Gas Technical Advisory Board (TAB) reviewed the draft amendments. The proposal was adopted by the EQB in April 2000 and published for comment on June 17.	James Erb, 717-772-2199 considered subsequent to publication of this Agenda) is published.

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GENERAL SERVICES
Surplus State Property 4 Pa. Code, Chapter 41	Winter, 2000, as proposed.	With the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property.	Glenn B. Reber [phone]
Responsibility 4 Pa. Code Chapter 60	Summer, 2000, as proposed.	This chapter must be amended to conform with the legislative changes require by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures.	Gary F. Ankabrandt [phone]
Instructions to Bidders 4 Pa. Code, Chapter 61	Summer, 2000, as proposed.	This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders.	Merle H. Ryan [phone]
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	Summer, 2000, as proposed.	See comment for Chapter 61.	Merle H. Ryan [phone]
State Art Commission 4 Pa. Code, Chapter 65	Summer, 2000, as final-omitted.	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Winter, 2000, as proposed.	The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61.	Merle H. Ryan [phone]
Contract Compliance 4 Pa. Code, Chapter 68	Winter, 2000, as proposed.	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	John R. McCarty [phone]
Methods of Awarding Contracts 4 Pa. Code, Chapter 69	Fall, 2000, as proposed.	With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57.	Glenn B. Reber [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Fall, 2000, as proposed.	Amendments are required because parking locations have been changed.	James W. Martin [phone]
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Fall, 2000, as proposed.	The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses.	Gary F. Ankabrandt [phone]
First Amendment Rights 4 Pa. Code, Chapter 86	Fall, 2000, as proposed.	The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building.	Gregory C. Santoro [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Spring, 2001, as proposed.	These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code.	John R. McCarty [phone]
HEALTH
Emergency Medical Services 28 Pa. Code § 1001.1 et seq.	August 2000, as final.	The amendments to existing regulations will enhance the operation of the Emergency Medical Services system in the Commonwealth. Pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921--6938.	Kenneth E. Brody 717-783-2500
Health Facility Licensure--General & Special Hospitals & Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	December 2000, as final-omitted.	The amendments to existing regulations will repeal chapters on health planning (federal program and certificate of need), as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals. 28 Pa. Code § 101.1 et seq.	January 2001, as proposed.	The amendments to existing regulations will update the licensure standards for general and special hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	James T. Steele, Jr. 717-783-2500
Home Health Care Agencies 28 Pa. Code § 601.1 et seq.	No publication anticipated in the next six months.	The amendments to existing regulations will provide for consistency with federal conditions of participation in Medicare programs. (Anticipated date of publication of federal regulations is fall of 2000). Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	Carol Somerset-Griffie 717-783-2500
Birth Centers 28 Pa. Code § 501.1 et seq.	No publication anticipated in the next six months.	The amendments to existing regulations will incorporate newborn screening regulations. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	Carol Somerset-Griffie 717-783-2500
Pediatric Extended Care Centers	January 2001, as proposed.	These new regulations will clarify standards for pediatric extended care centers. Pursuant to Act 54 of 1999.	Carol Somerset-Griffie 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	January 2001, as final.	The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Yvette M. Kostelac 717-783-2500
School Health Immunization 28 Pa. Code § 23.83	July 2000, as proposed.	The amendments to existing regulations will add to the list of immunizations required for school entry and for entry into the seventh grade consistent with recommendations by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. Pursuant to the Public School Code of 1949, 24 P. S. §§ 1-101, 13-1303a; the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1, 521.16; the Administrative Code of 1929, 71 P. S. §§ 51,532(g), 541(b), and 541(c.1); and the Hepatitis Prevention Act, 35 P. S. §§ 630.1 and 630.2.	Yvette M. Kostelac 717-783-2500
Managed Care Regulations 28 Pa. Code § 9.1 et seq.	July 2000, as final.	The amendments to existing regulations will amend Chapter 9. Managed Care Organizations, Subchapter A. Health Maintenance Organizations, Subchapter D. PHOs and POs and IDs, and Subchapter E. Quality Health Care Accountability and Protection. Pursuant to the Health Maintenance Organization Act, 40 P. S. §§ 1551-1567; and Article XXI of the Insurance Company Law of 1921, as added by the Act 68 (1998) amendment of that law, 40 P. S. §§ 991.2101--991.2193.	Yvette M. Kostelac 717-783-2500
Personnel Administration in County Health Departments 28 Pa. Code § 13.1 et seq.   State Aid to Local Health Departments 28 Pa. Code § 15.1 et seq.	No publication anticipated in the next six months.	The amendments to existing regulations will make them consistent with current local health administration practices. Pursuant to the Local Health Administration Law, 16 P. S. §§ 12001--12028.	Grace R. Schuyler 717-783-2500
Organized Camps and Campgrounds 28 Pa. Code § 19.1	No publication anticipated in the next six months.	The amendments to existing regulations will facilitate the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. § 1340.101 et seq.	Grace R. Schuyler 717-783-2500
Environmental Health Assessment 28 Pa. Code § 17.1 et seq.	No publication anticipated in the next six months.	The amendments to existing regulations will facilitate the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. § 1340.101 et seq.	Grace R. Schuyler 717-783-2500
Public Bathing Place Lifeguard Requirements 28 Pa. Code § 18.1; § 18.42	September 2000, as final.	The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law).	Grace R. Schuyler 717-783-2500
Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101 et seq.	September 2000, as final.	The amendments to existing regulations will revise State WIC requirements to comply with changes in the Federal regulations (7 C.F.R. § 246) relating to sanctions, disqualification actions and civil money penalties.	Lesa E. Tressler 717-783-2500
Health Facility Licensure/Hospices 28 Pa. Code § 651.1 et seq.	December 2000, as proposed.	These new regulations to license and regulate hospices will, at a minimum, contain standards set forth in regulations for hospices certified as providers under the Medicare Program. Pursuant to the Act 95 (1998) amending the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	Tanya Leshko 717-783-2500
Hearing Aid Sales and Registration/Continuing Education 28 Pa. Code § 25.201 et seq.	September 2000, as proposed.	The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. § 6700-101 et seq.	Tanya Leshko 717-783-2500
Head Injury Program 28 Pa. Code §§ 4.1-4.14 et seq.	September 2000, as final.	These new regulations will facilitate the implementation of this program. Pursuant to the Emergency Medical Services Act, 35 P. S. § 6934(e).	Tanya Leshko 717-783-2500
Newborn Screening 28 Pa. Code § 28.1 et seq.	September 2000, as proposed	The amendments to the existing regulations will add four diseases to the list of required diseases for which newborns must be screened. The amendments will also prescribe the manner by which specimens are to be collected and tested. Pursuant to the Newborn Child Testing Act, 35 P. S. §§ 621--625	Stephanie Michel-Segnor 717-783-2500
Drug and Alcohol Facility Physical Plant Standards 28 Pa. Code §§ 705.1--705.29.	July 2000, as final.	The amendments to existing regulations will establish uniform physical plant standards for all residential and non-residential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690-115.	Keith Fickel 717-783-2500
Schedule of Controlled Substances 28 Pa. Code § 25.75.	July 2000, as proposed.	The amendments to existing regulations will reschedule dronabinol from Schedule II to Schedule III. Pursuant to the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-101 et seq.	Keith Fickel 717-783-2500
Narcotic Treatment Standards 28 Pa. Code §§ 701 and 705.	July 2000, as proposed.	The amendments to existing regulations will amend and repeal 4 Pa. Code § 263, transfer regulations to Title 28, and amend and update narcotic, including methadone, treatment standards. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115.	Keith Fickel 717-783-2500
Prevention Activities 28 Pa. Code §§ 701 and 713.	August 2000, as proposed.	The amendments to existing regulations will rescind standards for approval of drug and alcohol prevention activities. Pursuant to the Pennsylvania Drug and Alcohol Abuse and Control Act, 71 P. S. §§ 1690-101--1690.115.	Keith Fickel 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date.
INSURANCE
Allocation of Joint Expenses, 31 Pa. Code, Chapter 3, §§ 3.1--3.6	Summer 2000, as proposed.	Repeal needs to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures.	Peter J. Salvatore, 717-787-4429
Miscellaneous (Relating to Uniform Classification of Expenses), 31 Pa. Code, Chapter 11, §§ 11.1--11.7	Summer 2000, as proposed.	Repeal §§ 11.4-6 and amend § 11.7 to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures.	Peter J. Salvatore, 717-787-4429
Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1--21.103	December 2000, as proposed.	Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language.	Peter J. Salvatore, 717-787-4429
Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1--23.96	December 2000, as proposed.	Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language.	Peter J. Salvatore, 717-787-4429
Acquisitions of Capital Stock (Insurance Company Holding Law). 31 Pa. Code, Chapter 25, §§ 25.1--25.23	Summer 2000, as final.	Amend to be consistent with 1993 amendments to the authorizing statute and to eliminate unnecessary filing requirements	Peter J. Salvatore, 717-787-4429
Advances to Mutual, Stock and Life Companies (NEW Chapter 105a)	December 2000, as proposed.	New regulation to address surplus notes issued by mutual stock and life companies consistent with authorizing statute adopted in 1992.	Peter J. Salvatore, 717-787-4429
Assigned Risk Plan, 31 Pa. Code, Chapter 33, § 33.29	Summer 2000, as final.	Repeal current regulation and replace regulation with new chapter (31 Pa. Code, Chapter 67a) to be consistent with Pennsylvania Assigned Risk Plan	Peter J. Salvatore, 717-787-4429
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	December 2000, as proposed.	Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, to address fees relating to company appointments.	Peter J. Salvatore, 717-787-4429
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Spring 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1--56.3	Fall 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Advances to Mutual, Stock and Life Companies (NEW Chapter 105a)	December 2000, as proposed.	New regulation to address surplus notes issued by mutual stock and life companies consistent with authorizing statute adopted in 1992.	Peter J. Salvatore, 717-787-4429
Assigned Risk Plan, 31 Pa. Code, Chapter 33, § 33.29	Summer 2000, as final.	Repeal current regulation and replace regulation with new chapter (31 Pa. Code, Chapter 67a) to be consistent with Pennsylvania Assigned Risk Plan	Peter J. Salvatore, 717-787-4429
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	December 2000, as proposed.	Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, to address fees relating to company appointments.	Peter J. Salvatore, 717-787-4429
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Spring 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1--56.3	Fall 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1--58.3	Fall 2000, as proposed.	Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1--323.8).	Peter J. Salvatore, 717-787-4429
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13	Fall 2000, as proposed.	Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14	Fall 2000, as proposed.	Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations.	Peter J. Salvatore, 717-787-4429
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14	Fall 2000, as final.	Repeal pursuant to Executive order 1996-1.	Peter J. Salvatore, 717-787-4429
Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21-26	Summer 2000, as proposed.	Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21-28	Fall 2000, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, 717-787-4429
Pennsylvania Assigned Risk Consumer Protections, (NEW Chapter 67a)	Summer 2000, as final.	Amend pursuant to Executive Order 1996-1. This will replace 31 Pa. Code § 33.29.	Peter J. Salvatore, 717-787-4429
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1-9	Summer 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1-91	Fall 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1-57	Summer 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Annuity Disclosure, (NEW Chapter 83a)	Fall 2000, as proposed.	A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities.	Peter J. Salvatore, 717-787-4429
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40	December 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42	Fall 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Life Insurance Illustrations (New Chapter 87a)	Fall 2000, 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, 717-787-4429
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Requirements for All Policies and Forms, 31 Pa. Code, Chapter 89, §§ 89.1--89.5, 89.11, 89.17 and 89.21--89.23 and new General Filing Requirements and General Contents of Forms §§ 89a.1--89a.6	Summer 2000, as proposed.	Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Life, annuities and property and casualty general filing requirements are being combined in the new regulation.	Peter J. Salvatore, 717-787-4429
Preparation of Forms, etc., 31 Pa. Code, Chapter 89, §§ 89.12-16, 89.18--89.62 and 89.101	Fall 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1--90a.31	December 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2	December 2000, as proposed.	Amend to reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8	Summer 2000, as proposed.	The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Licensing requirements are being proposed to be added to this regulation.	Peter J. Salvatore, 717-787-4429
Discounting Workers' Compensation Loss Reserves, 31 Pa. Code, Chapter 116, §§ 116.1--116.9	Summer 2000, as final.	Amend the regulation to be consistent with current actuarial practices.	Peter J. Salvatore, 717-787-4429
Discounting Medical Malpractice Loss Reserve, 31 Pa. Code, Chapter 118, §§ 118.1--118.6	Summer 2000, as proposed.	Amend the regulation to phase out the discounting of Medical Malpractice Loss Reserves by December 31, 2010.	Peter J. Salvatore, 717-787-4429
Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1--127.8	Fall 2000, as proposed.	Amend pursuant to Executive Order 1996-1	Peter J. Salvatore, 717-787-4429
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Summer 2001, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Fall 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10	December 2000, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, 717-787-4429
Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4	Summer 2000, as proposed.	Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians.	Peter J. Salvatore, 717-787-4429
Continuing Care Providers, 31 Pa. Code, Chapter 151, §§ 151.1--151.14	December 2000, as proposed.	Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority.	Peter J. Salvatore, 717-787-4429
Health Maintenance Organizations, 31 Pa. Code, Chapters 301, §§ 301.1--301.126	Summer 2001, as proposed.	Amend pursuant to Executive order 1996-1.	Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1--971.4	Summer 2000, as proposed.	Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977.	Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Fee Collections Regulation, Chapter 973, §§ 973.1--973.12	Summer 2000, as proposed.	Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977.	Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Voluntary Heating Oil Tank Program, 25 Pa. Code, Chapter 975, §§ 975.1--975.6	Summer 2000, as proposed.	Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977	Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Claims Regulation, 25 Pa. Code, (NEW Chapter 977)	Summer 2000, as proposed.	Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975.	Peter J. Salvatore, 717-787-4429
Workers' Compensation Security Fund Assessment Regulation	December 2000, as proposed.	HB 1370 was passed in the General Assembly and allows the Fund to develop a regulatory scheme to finance the obligations of the Fund. The proposed regulation establishes reporting requirements for licensed worker's compensation carriers and assessment calculations.	Peter J. Salvatore, 717-787-4429 (as well as any considered subsequent to publication of this Agenda) is published.

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LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111.	Fall 2000, as proposed.	These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation.	Thomas J. Kuzma [phone]
Work-place Safety Committee Certification; Evaluation of Accident/Illness Prevention Services & Programs of Insurers and Self-insureds; Qualifications of Accident/Illness Prevention Service Providers 34 Pa. Code Chapter 129	July 2000, as proposed.	The rulemaking implements the health and safety provisions of Article X of the Workers' Compensation Act. The proposed rulemaking specifies the safety committee certification application and renewal processes, and it establishes the necessary program components and evaluation criteria for accident and illness prevention programs maintained or provided by licensed insurers and self-insured employers. In addition, the regulation ensures the uniform application of the provisions of Article X; amends sections 123.202 pertaining to the qualifications of vocational experts; and, amends section 125.133(c)(4) and 125.155 (a) of the self-insurance regulations.	Len Negley [phone]
Underground Storage Facilities	October 2000, as proposed.	This regulation will address requirements for natural or man-made caverns used for LPG storage.	James Varhola [phone]
Dry Cleaning	August 2000, as proposed.	Dry Cleaning Law, Act of December 19, 1990, P. L. 1327, No. 214, 35 P. S. 1270.1 et seq. This proposal will regulate the construction, operation and maintenance of dry cleaning plants.	Edward Leister [phone]
Uniform Construction Code (UCC) regulations. Act 45 of 1999.	August 2000 as proposed.	Act 45 of 1999, providing for a uniform statewide building code, requires the Department of Labor & Industry to promulgate regulations. Because this measure effectively repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn.	Edward Leister [phone]
Elevators and Lifting Devices	August 2000 as proposed.	The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards.	James Varhola [phone]
Pennsylvania Minimum Wage Act, Food Service Incentive Program Regulations	August 2000 as proposed.	The Department is required to promulgate new regulations to implement the new ''Food Service Incentive Program'' added, via amendment to the Minimum Wage Act and signed into law on December 21, 1998.	Richard Lengler [phone]
Unemployment Compensation Regulations, Title 34. Labor & Industry Regulations	July 2000, as proposed.	The proposed regulation will clarify the circumstances under which individuals will not be eligible for unemployment compensation (UC) based on services for an educational institution or educational service agency during summer vacation or school break periods.   In accordance with Section 402.1 of the PA UC Law, school employees who are unemployed over the summer break can not be paid benefits based on their services for the school if they have a contract or reasonable assurance of employment in a similar position in the next academic year.	Robert Allen [phone]
Asbestos Occupations Accreditation and Certification	June 2000, as proposed.	Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101--2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan.	Sharon Lawson [phone]
MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge 31 Pa. Code §§ 242.1 et. seq.	December 2000, as proposed.	This regulation will clarify and update the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge. The regulation will clarify the guidelines and requirements governing proper administrative and financial operations of the Fund, and will provide uniform procedures to be used in conducting mediation. Statutory authority 40 P. S. §§ 1301.701 et.seq.	Kenneth J. Serafin 717-783-3770
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa. Code Section 7.1 et. seq.	October, 2000, 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.	Eclemus Wright, Jr. 717-861-8503
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
16 Pa. Code Chapters 81, 83, 85, 87 and 91	August 2000, as proposed.	These regulations are in the process of review as a result of Executive Order 1996-1.	James B. Allen [phone]
PROBATION AND PAROLE
Definitions 37 Pa. Code, Chapters 61.1--75.4	Winter 2000, as proposed.	Definitions amended pursuant to Executive Order 1996-1 and to conform to statutory changes.	Vicki Wilken 717-787-6208
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this date.
PUBLIC WELFARE
Child Protective Services Law 55 Pa. Code Ch. 3490	September 2000, as proposed	This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials.	Tom Vracarich [phone]
Child Day Care Services 55 Pa. Code Chs. 3271, 3281, 3291	December 2000, as proposed	This regulation is proposed in response to Governor's Executive Order 1996-1 and to strengthen health and safety requirements in the regulation. The regulation will impact child day care centers, group day care homes and family day care homes. 55 Pa. Code, Chapter 3300, Specialized Day Care Service for Children with Disabilities, will be rescinded in order to comply with the provisions of the Americans With Disabilities Act.	Tom Vracarich [phone]
Administration of County Children and Youth Programs 55 Pa. Code Ch. 3130	March 2001, as proposed	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form 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.	Tom Vracarich [phone]
Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs 55 Pa. Code Ch. 3140	March 2001, as proposed.	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form 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.	Tom Vracarich [phone]
Medical assistance estate recovery 55 Pa. Code Ch. 258	March 2001, as final.	This regulation will codify the department's collection practices to recover correctly paid Medical Assistance from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care, home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93, Act 1994-49, and Act 1995-20.	Tom Vracarich [phone]
Continuation of Medical Assistance throughout pregnancy 55 Pa. Code Chs. 140, 181	March 2001, as proposed.	This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance.	Tom Vracarich [phone]
Exclusion of Resources-Medical Assistance children 55 Pa. Code Chs. 140, 178	September 2000, as final-omitted.	This regulation codifies the provision that resources are excluded in the Medical Assistance eligibility determination process for supplemental security income (SSI) related, general assistance (GA) related, and TANF-related persons under 21 years of age and for SSI-related, TANF-related, and GA-related families with children under 21 years of age.	Tom Vracarich [phone]
Workfare/Community Service 55 Pa. Code Chs. 166, 275	February 2001, as proposed.	The revisions clarify who may be assigned and the priority and factors to be considered in making Workfare program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package.	Tom Vracarich [phone]
General Assistance Restructure--Act 1994-49 55 Pa. Code Chs. 141, 145, 147, 166, 171, 178, 181	July 2000, as final-omitted.	This regulation incorporates provisions of Act 1994-49 including acceptance of written verification of medical disability for chronically needy non-financial eligibility determination; 60-day residency requirement; savings designated for educational purposes; and certain medical services which are no longer compensable expenses.	Tom Vracarich [phone]
Elimination of transitionally needy component of general assistance program 55 Pa. Code Ch. 141	July 2000, as final-omitted.	This regulation codifies the elimination of cash assistance payments to persons in the GA-Transitional Needy (TN) category. References to both the TN and chronically needy (CN) components are deleted since there is no longer a need to differentiate between GA program requirements.	Tom Vracarich [phone]
Act 1996-35--General eligibility changes 55 Pa. Code Chs. 125, 141, 168, 171, 175, 177, 181, 183	July 2000, as final-omitted.	This regulation codifies statutory changes to eligibility conditions for General Assistance benefits, including the following: expanding the eligibility determination period to 30 days; establishing a period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (MNO/MA) eligibility to certain groups; and revising the methodology used to determine eligibility for retroactive MNO/MA.	Tom Vracarich [phone]
Elimination of PACE requirement 55 Pa. Code Ch. 181	October 2000, as final-omitted.	This regulation codifies the elimination of the deduction from income for the PACE program and the mandate to enroll in the PACE program as required by Title XIX.	Tom Vracarich [phone]
Real property liens 55 Pa. Code Chs. 101, 121, 177, 183, 257, 297	June 2001, as proposed.	This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property.	Tom Vracarich [phone]
Criminal history 55 Pa. Code Chs. 125, 133, 141	December 2000, as proposed.	This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs, and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan.	Tom Vracarich [phone]
Act 1996-35--Provisions Effective March 3, 1997 55 Pa. Code Chs. 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255	August 2000, as final-omitted.	This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received.	Tom Vracarich [phone]
Medical support rights 55 Pa. Code Ch. 187	December 2000, as proposed.	This regulation will require Medical Assistance applicants/recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility.	Tom Vracarich [phone]
Annuity rule 55 Pa. Code Ch. 178	July 2001, as proposed.	This regulation codifies the provision that in addition to the current provision permitting the institutionalized spouse to provide part of his monthly income to the community spouse whose income is below the minimum monthly maintenance needs allowance, either the institutionalized spouse or their representative may file an appeal and seek an administrative order permitting the protection of additional resources to enable the community spouse to purchase an annuity that will generate sufficient income to bring her income up to the minimum monthly maintenance needs allowance.	Tom Vracarich [phone]
Intentional Program Violations 55 Pa. Code Chs. 255, 275, 501	October 2000, as final-omitted.	This regulation incorporates federal mandates by the U.S. Department of Agriculture and the U. S. Department of Health and Human Services that individuals found to have committed an intentional program violation be subject to an immediate disqualification penalty regardless of the individual's current eligibility status for benefits.	Tom Vracarich [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Ch. 501	March 2001, as final-omitted.	This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation.	Tom Vracarich [phone]
TANF Clean-up 55 Pa. Code, various chapters--not defined at this time	July 2001, as proposed.	This proposed regulation incorporates the provisions of the final Federal TANF regulations, 64 FR 17720 (April 12, 1999) which made changes affecting the implementation of the TANF program. The proposed regulations include a modification to the definition of assistance to provide that non-recurrent, short-term benefits and many supports for low-income families are considered non-assistance.	Tom Vracarich [phone]
Employment Requirements for Two-Parent Households: Definition of Unemployment 55 Pa. Code Chs. 153, 178	June 2001, as proposed.	This regulation codifies the provision in the current Temporary Assistance for Needy Families (TANF) State Plan that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF.	Tom Vracarich [phone]
Family Violence Option 55 Pa. Code Ch. 187	June 2001, as proposed.	This regulation codifies provisions in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, and waive certain program requirements, including support requirements, for those individuals, as needed.	Tom Vracarich [phone]
Increases in Payment for Burial and/or Cremation 55 Pa. Code Ch. 285	June 2001, as proposed.	This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A decreased person of any age who received or was eligible to receive a money payment -- TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment.	Tom Vracarich [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chs. 1101, 1121, 1123, 1147, 1241	November 2000, as final-omitted.	This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance (Medical Assistance) State Plan. This regulation will be reviewed by the medical assistance advisory committee (MAAC) which includes representatives of professional provider associations, providers, the health law project, the welfare rights organization, consumers, and client advocacy groups.	Tom Vracarich [phone]
Medical Assistance case management services 55 Pa. Code Ch. 1239	January 2001, as final-omitted.	This final regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
General Assistance Restructure--Act 1994-49 55 Pa. Code Chs. 1101, 1121, 1149	November 2000, as final-omitted.	This final regulation codifies Act 1994-49 provisions that affect the medical benefits of General Assistance recipients over the age of 21 when these services are solely state funded. These recipients are no longer eligible for (1) dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; (2) medical supplies and equipment except as prescribed for family planning or with home health agency service; and (3) prescription drugs except legend birth control drugs. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Discontinue coverage--infertility 55 Pa. Code Chs. 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	February 2001, as final-omitted.	This final regulation codifies Act 1994-49 provisions that discontinues 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 will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Residential Treatment Facilities (RTF) for mental health services 55 Pa. Code Chs. 1157, 1165	January 2001, as final-omitted.	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 will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Pharmaceutical services drug coverage 55 Pa. Code Ch. 1121	February 2001, as final-omitted.	This regulation 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 will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
$150 deductible for General Assistance recipients 55 Pa. Code Ch. 1101	November 2000, as final-omitted.	This regulation implements Act 1996-35 provisions imposing a $150 deductible on inpatient and outpatient hospital services and ambulatory surgical center services, except laboratory and x-ray services for General Assistance and General Assistance-related Medical Assistance recipients. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Early Intervention Services 55 Pa. Code Chs. 4225, 4226	July 2001, as final.	This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services.	Tom Vracarich [phone]
MH Wraparound 55 Pa. Code Ch. 1154	January 2001, as final-omitted.	This final regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Family Planning 55 Pa. Code Ch. 1101	November 2000, as final-omitted.	This final regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Physician Assistant/Midwife 55 Pa. Code Ch. 1141	November 2000, as final-omitted.	This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Discontinuance of the Mandatory Second Opinion Program 55 Pa. Code Ch. 1150	November 2000, as final-omitted.	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
D&A Clinics 55 Pa. Code Ch. 1223	November 2000, as final-omitted.	This final regulation revises the enrollment policy for outpatient drug and alcohol clinics. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Ch. 1187	July 2001, as proposed.	This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations. This regulation will be reviewed by the MAAC.	Tom Vracarich [phone]
Intergovernmental Transfer 55 Pa. Code Ch. 1187	December 2000, as final-omitted.	This regulation will extend the county nursing facility Transition Rates according to the Intergovernmental Transfer Agreement. This regulation will be reviewed by the MAAC.	Tom Vracarich [phone]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chs. 1101, 1141, 1150, 1221	June 2001, as final-omitted.	This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Definition of Medically Necessary 55 Pa. Code Ch. 1101	November 2000, as proposed.	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Provision of Drug and Alcohol Treatment 55 Pa. Code Ch. 1223	June 2001, as final-omitted.	This final regulation eliminates the need for the supervisory physician to perform a physical exam within 15 days following intake and before the provision of treatment. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Invoicing for Services 55 Pa. Code Ch. 1101	July 2001, as final-omitted.	This regulation revises the invoice submission requirements for nursing facilities. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Exceptional Payments for Durable Medical Equipment 55 Pa. Code Ch. 1187	December 2000, as final-omitted.	This regulation provides for payment for exceptional DME separate from and in addition to the case mix payment rate. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone] (as well as any considered subsequent to publication of this Agenda) is published.

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REVENUE
Application of P. L. 86-272 and De Minimis Standards 61 Pa. Code § 151.31	Fall 2000, as proposed.	Public Law 86-272 (15 U.S.C.A. §§ 381--3840) restricts a state from imposing a net income tax on income derived within its borders from interstate commerce if the only business activity of the company within the state consists of the solicitation of orders for sales of tangible personal property, which orders are to be sent outside the state for acceptance or rejection, and, if accepted, are filled by shipment or delivery from a point outside the state. This proposal describes the Department's policy regarding the application of P. L. 86-272 with regard to corporate net income tax and capital stock-franchise tax.	Douglas A. Berguson 717-787-1382
Commercial Motion Pictures 61 Pa. Code § 32.38	Spring 2000, as final.	The Department is setting forth its interpretation of section 2 of Act 7-1997, section 204(54) (72 P. S. § 7204(54)) regarding the sales and use tax exclusion for the sale at retail to or use by a producer of commercial motion pictures of any tangible personal property directly used in the production of a feature-length commercial motion picture distributed to a national audience.	Douglas A. Berguson 717-787-1382
Computer Software, Hardware and Related Transactions 61 Pa. Code § 31.33	Winter 2001, as final.	Pursuant to Act 7-1997, various types of computer services are no longer subject to sales and use tax on or after July 1, 1997. However, certain computer related transactions remain subject to tax. This regulation provides guidance concerning these transactions.	Douglas A. Berguson 717-787-1382
Employer Returns and Other Withholding Provisions 61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16	Summer 2000, as proposed.	The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld.	Douglas A. Berguson 717-787-1382
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21	Fall 2000, as proposed.	The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program.	Douglas A. Berguson 717-787-1382
Lawn Care Services 61 Pa. Code §§ 55.6 and 60.2	Summer 2000, as final.	This regulation sets forth the Department's interpretation of Act 22-1991 (72 P. S. §§ 7201(k)(17), (o)(15) and (jj)) relating to lawn care services.	Douglas A. Berguson 717-787-1382
Partial Refunds For Bad Debts 61 Pa. Code §§  33.3 and 33.5	Summer 2000, as proposed.	This proposal explains the application of section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts.	Douglas A. Berguson 717-787-1382
Payments for Employe Welfare Benefit Plans and Cafeteria Plans 61 Pa. Code §§ 101.1, 101.6 and 101.7	Spring 2000, as final.	The amendments to §§ 101.1, 101.6, and 101.7 are being added to explain how employe welfare benefit programs and other wage and salary supplemental programs are taxed and to implement amendments to section 301(d) of the Tax Reform Code of 1971 (72 P. S. § 7306(d)) under Act 7-1997.	Douglas A. Berguson 717-787-1382
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	Summer 2000, as proposed.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas A. Berguson 717-787-1382
Sales Factor 61 Pa. Code § 153.26	Fall 2000, as proposed.	The Multistate Tax Commission (MTC), created by the Multistate Tax Compact, has promulgated regulations that interpret the Uniform Division of Income for Tax Purposes Act (UDITPA), a model act for the allocation and apportionment of income among states. UDITPA was drafted to remedy the diversity that existed among the states for determining their respective shares of a corporation's income and has been adopted, in whole or in part, by the majority of the states. The Commonwealth has adopted UDITPA with some exceptions. The Department is amending § 153.26 to add several provisions from the MTC regulations to address topics that are not currently discussed in the regulation. The amendments will bring the Commonwealth's regulation into conformity with the MTC regulations as much as possible given statutory limitations, thereby making the use of the regulations by taxpayers and tax practitioners easier because the Commonwealth's language will be similar to that used in other states that have adopted the MTC regulations.	Douglas A. Berguson 717-787-1382
Supplemental Unemployment Benefit Plan 61 Pa. Code §§ 101.1 and 101.6	Winter 2001, as final.	This regulatory amendment will provide an explanation of the meaning and scope of the exclusion from compensation in section 301(d)(vi) of the TRC (72 P. S. § 7301(d)(vi)) for employer or labor union payments for supplemental unemployment programs. The changes will address the tax treatment of programs offered to provide supplemental benefits to employees terminated from service as a result of layoff, workforce reduction, plant closings or other involuntary terminations.	Douglas A. Berguson 717-787-1382
Termination Pay, Severance Pay and Early Retirement Incentive Programs 61 Pa. Code §§ 101.1 and 101.6	Winter 2001, as final.	This regulatory change will clarify the taxation of termination pay, severance pay, early retirement incentive programs and programs offered by employers to provide benefits to employees in addition to those in qualifying retirement plans upon separation from service. This regulation also interprets section 301(d) of the TRC (72 P. S. § 7301(d)) to mean that Federal insurance benefits paid under the Railroad Retirement Act and guaranteed payments to a partner of a partnership for services to the partnership are excluded from compensation.	Douglas A. Berguson 717-787-1382
Utility Gross Receipts Tax 61 Pa. Code §§ 160.21--160.43	Spring 2001, as final.	The Department is proposing this regulation to clarify the changes to the utility gross receipts tax brought about by utility deregulation (Act 138-1996) codified in Title 15 and Title 66. This regulation will also provide guidance and clarity to out-of-state businesses and the emerging industry.	Douglas A. Berguson 717-787-1382
Vending Machines 61 Pa. Code § 31.28	Summer 2000, as final.	This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines.	Douglas A. Berguson 717-787-1382
SECURITIES COMMISSION
Licensing Regulations 64 Pa. Code § 301--§ 404	November 2000, as final.	The Commission plans to amend a number of licensing regulations to conform its requirements to the federal Investment Advisers Supervision Coordination Act of 1996.	G. Philip Rutledge [phone]
''Employe benefit plans'' 64 Pa. Code § 202.070	November 2000, as final.	The Commission plans to amend this regulation to delete obsolete language.	G. Philip Rutledge [phone]
Exemptions from Securities Registration 64 Pa. Code § 203.101--§ 203.186	November 2000, as final.	The Commission plans to amend a number of regulations which would facilitate issuers receiving a clear legal opinion on the availability of the exemption.	G. Philip Rutledge [phone]
''SEC Rule 801 and 802 offerings exempt'' 64 Pa. Code § 203.092	November 2000, as final.	The Commission plans to adopt an exemption from registration for offerings exempt from registration with SEC under SEC Rules 801 or 802.	G. Philip Rutledge [phone]
Securities Registration 64 Pa. Code § 205.021--§ 206.010	November 2000, as final.	The Commission plans to amend these regulations to revise Form 205 and adopt Form R as the application form and delete the requirement to file certain information.	G. Philip Rutledge [phone]
''Charges for Commission publications'' 64 Pa. Code § 602.060	November 2000, as final.	The Commission now issues a quarterly bulletin and annual report free of charge and plans to delete the current charge for these publications.	G. Philip Rutledge [phone]
''Public inspection of records'' 64 Pa. Code § 603.031	November 2000, as final.	The Commission plans to amend this regulation to keep confidential the social security number, home address and date of birth of all individuals filing an application with the Commission	G. Philip Rutledge [phone]
STATE
Corporations Bureau	Summer 2000, through public notice. See, 15 Pa.C.S. § 133(a).	The Corporations Bureau will delete references by name to the Governor, Secretary of the Commonwealth and Director of the Corporation Bureau on its sample filing forms and to the docketing statement promulgated by the Department pursuant to 15 Pa.C.S. § 133. Changes in administration render such references obsolete.	Ken Rapp, [phone]
Bureau of Commissions, Elections and Legislation (16-22)	Summer 2000, as final.	The Department proposes to eliminate outdated references to campaign finance reporting forms. The amendments will be proposed pursuant to the Campaign Expense Reporting Law (25 P. S. § 3241 et seq).	Richard Filling, [phone]
State Athletic Commission 58 Pa. Code, Chapter 21 (16-17)	Winter 2001, as final.	Comprehensive revisions to 58 Pa. Code will reflect statutory changes to the Pennsylvania Athletic Code and changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa.C.S.A. § 101 et seq).	Greg Sirb [phone]
Navigation Commission for the Delaware River and Its Navigable Tributaries-- 13 Pa. Code Ch. 201--209. (16A-662)	Summer 2000, as proposed.	Proposed comprehensive revisions will enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4).	L. Lawrence Boyle [phone]
Bureau of Professional and Occupational Affairs-- Schedule of Civil Penalties for Act 48--State Boards of Accountancy, Architects, Auctioneers, Professional Engineers, Land Surveyors and Geologists, and Dentistry-- 49 Pa. Code, Chapter 43. (16-20)	July 2000, as final.	The regulations provide for civil penalties for violations pertaining to the conduct or operation of a business or facility licensed by the Boards. Statutory authority: 63 P. S. § 2205(a).	Beth Sender Michlovitz [phone]
State Board of Auctioneer Examiners--Schedule of Fees-- 49 Pa. Code § 1.41.--(16A-644)	Summer 2000, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 734.6.	Linda Dinger [phone]
State Board of Barber Examiners-- General Revisions-- 49 Pa. Code, Chapter 3. (Number not yet assigned.)   Verification/Certification Fees-- 49 Pa. Code § 3.103. (16A-422)	September 2000, as proposed.     July 2000, as final.	The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).   This regulation apportions costs of providing Board services to specific applicants and licensees Statutory authority: 63 P. S. § 564.	Sara Sulpizio [phone]
State Board of Cosmetology Application Fees-- 49 Pa. Code § 7.2. (16A-458)	July 2000, as final.	The regulation amends the Board's fee schedule by revising fees to reflect the actual cost incurred by the Board to provide the following services: licensure of cosmetologist, manicurist or cosmetician; licensure of cosmetology, manicurist or cosmetician shop; licensure of cosmetology school, licensure by reciprocity; registration of cosmetology apprentice; approval of cosmetology school supervisor; change in cosmetology shop (inspection required); and reinspection of cosmetology shop. New fees are added to include reinspection of cosmetology school; certification of student or apprentice training hours; certification of examination scored; and verification of licensure, registration permit or approval. Statutory authority: 63 P. S. § 522(a).	Sara Sulpizio [phone]
State Architects Licensure Board-- Biennial Renewal Fees-- 49 Pa. Code § 9.3. (16A-415)	Winter 2000, as final.	The regulation will adjust the biennial renewal fees for architects to reflect actual Board costs and to fix the fees to match Board revenues with expenditures. Statutory authority: 63 P. S. § 34.11.	Dorna Thorpe [phone]
State Board of Accountancy-- Continuing Education Program Sponsors-- 49 Pa. Code §§ 11.1, 11.4, 11.64- 11.65, 11.66, 11.70-11.73, 11.80. (16A-555)	September 2000, as final.	The regulations require approved continuing education program sponsors to renew their approval biennially and authorize the Board to conduct audits of approved programs. The regulations ensure that continuing education programs meet licensure renewal needs. Statutory authority: 63 P. S. § 9.3(10).	Dorna Thorpe [phone]
Commissions and Referral Fees-- 49 Pa. Code § 11.24. (16A-557)	September 2000, as final.	The regulation establishes requirements for licensees who pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation complies with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p).
General Revisions-- 49 Pa. Code, Chapter 11. (16A-559)	August 2000, as proposed.	The regulations repeal outdated requirements in compliance with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.3(10)-(12).
Peer Review-- 49 Pa. Code, §§ 11.81--11.86. (16A-556)	August 2000, as final.	The regulations clarify deadlines for peer review compliance; establish qualifications for peer review administering organizations, peer review team captains, and peer reviewers; adopt peer review standards; prescribe conditions for out-of-state peer reviews of multi-state firms; provide for confidentiality of peer review reports; and define relevant terms. The regulation implements 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. §§ 9.8h and 9.8i.
Fees-- 49 Pa. Code § 11.4. (16A-558)	October 2000, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 9.6.
State Board of Funeral Directors--Application/ Certification/ Verification/ Reinspection Fees-- 49 Pa. Code § 13.12. (16A-482)	Summer 2000, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 18.1 of the Funeral Director Law, act of January 14, 1952 (P. L. 1951-1898, No. 522), as amended, 63 P. S. § 479.18.1.	Cheryl Lyne [phone]
Unprofessional Conduct-- 49 Pa. Code § 13.201, 202. (Number not yet assigned.)	Fall 2000, as proposed.	The amendment adds to the Board's standards of practice and conduct. Section 16(a) of the Act, 63 P. S. § 479.16(a).
State Board of Landscape Architects--Continuing Education-- 49 Pa. Code § 15.71--15.83. (16A-612)	Summer 2000, as final.	The amendments establish procedures and standards for continuing education as a condition of biennial renewal pursuant to Section 9.1 of the Landscape Architects Registration Law, Act of January 24, 1966, P. L. (1965) 1527, added by the Act of December 7, 1994, P. L. 774, 63 P. S. § 909.1.	Shirley Klinger [phone]
Application Fees-- 49 Pa. Code §§ 15.12, 15.57. (16A-615)	Summer 2000, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Section 5 of the Law, 63 P. S. § 905, requires the Board to adopt fees by regulation to match Board revenues with expenditures.
State Board of Medicine-- Certified Registered Nurse Practitioners (CRNPs)-- 49 Pa. Code § 18.21. (16A-499)	Summer 2000, as final.	The Board will collaborate with the State Board of Nursing for joint promulgation of standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Statutory authority: Section 15 of the Medical Practice Act, 63 P. S. § 422.15.	Cindy Warner [phone]
General Delegation-- 49 Pa. Code, Ch. 16. (16A-4912)	Winter 2000, as proposed.	This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).
Fees-- 49 Pa. Code §§ 16.13, 16.17, 18.303. (16A-4910)	Winter 2000, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. The Board has authority to adopt such regulation under Section 6 of the Medical Practice Act, 63 P. S. § 422.6.
State Board of Nursing-- RN general revisions-- 49 Pa. Code §§ 21.1--21.126. (16A-516)	Fall 2000, as proposed.	These regulations will update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Revisions to the regulations are authorized by Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic [phone]
LPN general revisions-- 49 Pa. Code §§ 21.141-- 21.234. (Number not yet assigned.)	Fall 2000, as proposed.	These regulations will update or repeal outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs. Revisions to the Practical Nurse Law are authorized under Section 17.6, 63 P. S. § 667.6.
Application Fees-- 49 Pa. Code §§ 21.5, 21.147, and 21.1253.--(16A-5112)	Summer 2000, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. These regulations are authorized under Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 7.5 of the Practical Nurse Law, 63 P. S. § 667.5.
CRNP prescriptive privileges-- 49 Pa. Code §§ 21.151--21.351. (Tracked under 16A-499)	Summer 2000, as final.	The Board will collaborate with the State Board of Medicine for joint promulgation of standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. These regulations are authorized under Sections 2 and 2.1 under the Professional Nursing Law, 63 P. S. §§ 212 and 212.1(k), and Section 15 of the Medical Practice Act of 1985, 63 P. S. § 422.15.
Sexual Misconduct-- 49 Pa.  Code §§ 21.18 and 21.148. (16A-5110)	Summer 2000, as final.	Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
Biennial Renewal Fees-- 49 Pa. Code §§  21.5, 21.147 and 21.253.--(16A-5113)	Winter 2000, as final.	The regulation amends the biennial renewal fees for the State Board of Nursing by revising biennial renewal fees for Registered Nurses, Practical Nurses and Certified Registered Nurse Practitioners so that projected revenues will meet or exceed projected expenditures as required under the Acts.
State Board of Pharmacy-- Application Fees-- 49 Pa. Code § 27.91.--(16A-548)	Summer 2000, as final.	These regulations will update fees for non-renewal services. Statutory Authority: 63 P. S. § 390-8.2.	Rita T. Solie [phone]
State Board of Veterinary Medicine-- Biennial Renewal Fees-- 49 Pa. Code § 31.41. (16A-579)	Fall 2000, as final.	The regulation will adjust the biennial renewal fees for veterinarians and animal health technicians to reflect actual Board costs in providing these services. Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13 requires the Board to fix fees by regulation to match Board revenues with expenditures.	Robert Kline [phone]
Continuing Education Requirements-- 49 Pa. Code § 31.15. (16A-5711)	Fall 2000, as proposed.	This regulation will limit the number of continuing education credits that may be earned from individual instruction programs.
Prescription Drugs-- 49 Pa. Code § 31.21 Principle 8. (16A-5712)	Late Fall 2000, as proposed.	This regulation will require veterinarians to meet specified standards regarding prescription drugs, including dispensing and packaging.
State Board of Dentistry-- Continuing Professional Education-- 49 Pa. Code, Chapter 33. (16A-464)	July 2000, as final.	This regulation will establish continuing education regulations for dentists, dental hygienists and expanded function dental assistants. The regulations are required under Act 113 of 1996, which amended Section 3(j) of the Dental Law, 63 P. S. § 122(j).	Lisa Burns [phone]
Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia-- 49 Pa. Code §§ 33.331--33.344. (Number not yet assigned.)	December 2000, as proposed	This regulation amends requirements for administration of anesthesia/analgesic in response to a recent Commonwealth Court case. Section 3(o) of the Dental Law, 63 P. S. § 122(o).
State Real Estate Commission-- General Revisions-- 49 Pa. Code, Chapter 35. (16A-560)	Summer 2000, as final.	The Commission plans a comprehensive amendment to Chapter 35 to bring existing regulations up to date with current policies. Statutory authority: 63 P. S. § 455.404.	Debra Sopko [phone]
Agency Disclosures-- 49 Pa. Code, Chapter 35. (16A-568)	Spring 2001, as final.	This regulation will implement the requirements of Act 112 of 1998 pertaining to agency relationships. Statutory authority: 63 P. S. § 455.404.
State Board of Certified Real Estate Appraisers-- Experience Options for Certification, Duties of Supervising Appraiser-- 49 Pa. Code §§ 36.13 and 36.14. (16A-706)	July 2000, as proposed.	The regulations revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulations are consistent with standards established for state appraiser boards by the federal Appraiser qualification Board (AQB). Statutory authority: 63 P. S. § 457.5(2).	Cheryl Lyne [phone]
Standards of Practice-- 49 Pa. Code § 36.51. (16A-709, soon to be resubmitted as 16A-7012)	July 2000, as proposed. (Resubmission; earlier version of regulation was withdrawn in June 2000.)	The regulation requires all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. Statutory authority: 63 P. S. § 457.5(2).
Fees-- 49 Pa. Code § 36.6. (16A-7011)	July 2000, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 457.9.
State Board of Examiners of Nursing Home Administrators-- Continuing Education-- 49 Pa. Code §§ 39.31--39.71. (16A-623)	Fall 2000, as final.	The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.	Melissa Wilson [phone]
Application/Certification/ Verification Fees-- 49 Pa. Code § 39.72. (16A-626)	Summer 2000, as final.	This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: Section 7.1 of the Law, 63 P. S. § 1108.
State Board of Physical Therapy-- Physical Therapists-- 49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21-40.24. (Number not yet assigned.)	September 2000, as proposed.	Regulations correct and revise existing regulations regarding physical therapists. Proposed under Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).	Robert Kline [phone]
Sexual Misconduct-- 49 Pa. Code, Chapter 40. (16A-656)	July 2000, as proposed.	Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Sections 3, 5 and 10 of the Act, 63 P. S. § 1303, 1305 and 1310.
State Board of Occupational Therapy Education and Licensure-- General Revisions-- 49 Pa. Code, Chapter 42. (16A-674)	July 2000, as proposed.	The Board proposes to revise its chapter by updating certain provisions and deleting outdated or redundant language. The Board has authority to adopt the regulations necessary to perform its duties and for the proper administration of the law under Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Clara Flinchum [phone]
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors-- Licensure Regulations (Number not yet assigned.)	Spring 2001, as proposed.	Regulations regarding qualifications for licensure pursuant to the enactment of Act 139 adding Licensed Clinical Social Workers, Marriage and Family Therapists and Professional Counselors as new licensure classes.	Clara Flinchum [phone] (as well as any considered subsequent to publication of this Agenda) is published.

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STATE EMPLOYEES' RETIREMENT SYSTEM
Repeal of 4 Pa. Code § 249.7(b)	January, 2001, as final.	Allow agency to develop alternative methods of billing for multiple service credit, consistent with 71 Pa.C.S. § 5907(d).	Larry Brandenburg [phone]
STATE POLICE
Firearm Regulations, Standards for Licensed Retail Dealers of Firearms Chapter 31	July 2000.	The provisions of this chapter set forth regulations for the storage of firearms, rifles, and shotguns by licensed retail dealers in the event a clear and present danger to public safety is found to exist by the Commissioner of the State Police within this Commonwealth during the hours when licensed retail dealers are closed for business. The provisions of this chapter apply to all licensed retail dealers and their designated employees.	Ronald E. Plesco, Jr. 717-772-0905
Procedures & Specifications for Firearm Record Forms Chapter 33	July 2000.	The regulations provide for the administration of the provisions of the Uniform Firearms Act (UFA) for the implementation of the Pennsylvania Instant Check System (PICS) in order to approve or deny the sale or transfer of firearms and licenses to carry a firearm in accordance with the provisions of the UFA. The regulations also ensure the identity, confidentiality, and security of all information collected and disseminated by the PICS in accordance with the UFA.
Regulatory amendments to clarify various aspects of the Municipal Police Officers Education and Training Commission regulations. Chapter 203	July 2000.	The provisions of this chapter set forth regulations for the administration of the training program for municipal police by the Municipal Police Officers Education and Training Commission. The proposed amendments correct various aspects of the existing regulations and suspend the vision standard until disposition of pending litigation.	Ronald E Plesco, Jr. 717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53	August 2000, as proposed.	Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed regulations are undergoing further review.	Sue Wilson [phone]
Permanent Registrations of Fleet Vehicles Chapter 60	December 2000, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	John Munafo [phone]
School Buses and School Vehicles Chapter 171	April 2001, as proposed.	Amendments are needed to clarify previous revisions and to address concerns raised by the School Bus Vehicle Industry and related Associations. The Department has prepared draft amendments based on recommendations received by various associations. Proposed regulations are being reviewed.	Mike Kistler [phone]
Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83	December 2000, as proposed.	As a result of a PA Supreme Court decision (Clayton vs. Department of Transportation), additional waivers to seizure disorder provisions must be adopted. The Department's Medical Advisory Board is in the process of reviewing proposed amendments.	Mike Kistler [phone]
Liquid Fuels Tax Chapter 449	August 2000, as proposed.	Regulatory review committee has been formed. Regulations submitted to legal for review on October 1, 1999.	Dick Zerbe [phone]
School Bus Drivers Chapter 71	April 2001, as proposed.	Creates waivers for school bus drivers, with medical conditions, who pose no significant danger to driving. The Department's Medical Advisory Board will be approving amendments to incorporate recommendations being developed by the Insulin Dependant Diabetes Task Force.	Mike Kistler [phone]
Proportional Registration of Fleet Vehicles Chapter 63	December 2000, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	John Munafo [phone]
Vehicle Equipment and Inspection Chapter 175	December 2000, as final.	Proposed amendments required to comply with Act 151 of 1999.	Tom Zamboni [phone]
Vehicle Equipment and Inspection Chapter 175	June 2001, as proposed.	Proposed amendments require complying with Act 115 of July 6, 1995. No. 30, P. L. 246 that requires the establishment of equipment and inspection criterion for farm vehicles with a gross weight rating greater than 17,000 pounds.	Tom Zamboni [phone]
Authorization to Verify VIN Identification Numbers Chapter 17	February 2001, as proposed.	Proposed amendments would authorize Department employees to verify VIN Numbers for vehicles requiring a Certificate of Title.	Tom Zamboni [phone]
Administrative Practice and Procedure Chapter 491	October 2000, as final	Establish standards to facilitate administrative review of Department decisions and proceedings before Department hearing officers	Robert H. Raymond [phone]
Outdoor Advertising Devices Chapter 445	October 2000, as final	Establish standards to facilitate administrative review of Department decisions and proceedings before Department hearing officers	Robert H. Raymond [phone]
Shared-Ride Transportation Service Reimbursement Chapter 425	September 2000, as proposed.	Revised regulations are required due to the repeal of the original authorizing legislation and the enactment of revised authorizing legislation for the Shared-Ride Program for Senior Citizens.	LaVerne Collins [phone]
Display of Registration Plates Chapter 47	December 2000, as final	Amending Placement of Validation Sticker for Cities of the First Class in order to respond to the theft of validation stickers currently placed on the registration plate.	Randy Swartz [phone]
Temporary Registration Cards and Plates Chapter 43	December 2000, as final.	Proposed amendments would address changes needed in the Temporary Plate Issuance Program so as to reduce fraud and improve the accuracy of registration data.	Randy Swartz [phone]
Emission Inspection Chapter 177	December 2000, as proposed.	Amendments needed to address ongoing operational aspects of the emissions program.	Peter Gertz [phone]
Airport Rating and Licensing Chapter 471	September 2000, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements.	Kathy Reitz [phone]
Aviation Development Chapter 473	September 2000, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements.	Kathy Reitz [phone]
Local Real Estate Tax Reimbursement Chapter 477	September 2000, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements.	Kathy Reitz [phone]
Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks Chapter 181	December 2000, as proposed.	Repeal--incorporate provisions in Chapter 231	Daniel Smyser [phone]
Engineering and Traffic Studies Chapter 201	October 2000, as proposed.	Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD will be incorporated into Chapter 212.	Art Breneman [phone]
Work Zone Traffic Control Devices Chapter 203	October 2000, as proposed.	Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD will be incorporated into Chapter 212.	Art Breneman [phone]
Official Traffic Control Devices Chapter 211	October 2000, as proposed.	Repeal the current chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some of the current provisions not included in the MUTCD will be incorporated into Chapter 212.	Art Breneman [phone]
Official Traffic Control Devices Chapter 212	October 2000, as proposed.	This chapter is being proposed to replace Chapters 201, 203 and 211, and adopt the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). By adopting the MUTCD, the volume of the new regulation will be only about 5 percent of the combination of the three current regulations.	Art Breneman [phone]
Hazardous Materials Transportation Chapter 403	December. 2000, as proposed.	Incorporate new Federal provisions and eliminate registration requirement.	Daniel Smyser [phone]
Consultant Highway Design Errors Chapter 455	October 2000, as proposed.	Since there is no legal need for this chapter, the Department proposes to delete Chapter 455 and propose a Department policy to address consultant design errors.	Donald Childs [phone]
Vehicle Equipment & Inspection Chapter 175	September 2000, as proposed	Current language is not flexible enough to accommodate changing industry practices and needs.	John Munafo [phone]
Prequalification of Bidders Chapter 457	June 2001, as proposed rulemaking.	These changes are being brought about as a result of a reengineering project.	Fred Starcinic [phone]
Flashing or Revolving Lights on Emergency and Authorized Vehicles Chapter 173	December 2000, as final.	Proposed amendments required to comply with Act 151 of 1999.	Tom Zamboni [phone]

[Pa.B. Doc. No. 00-1142. Filed for public inspection June 30, 2000, 9:00 a.m.]