1102 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[26 Pa.B. 3170]

   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 first 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.

   

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Chapters 16 and 93 - Modifications to Water Quality Standards
Clean Streams Law February 1997, as proposed. These revisions will address several of the principles of the Regulatory Basics Initiative and Executive Order 1996-1 and will incorporate changes needed to implement the Federal Great Lakes Water Quality Initiative (GLI). The AWQTAC and interested stakeholders in the Great Lakes Basin (for those revisions prepared to implement the GLI) will be consulted in the development of this rulemaking. Edward Brezina, 717-787-9637 Chapters 91, 92, 94, 95, 97 and 101 -
Modifications to NPDES Program Rules, Water Quality Management Permitting Rules and General Water Quality Management Provisions Clean Streams Law February 1997, as proposed. These revisions will address all of the principles of the Regulatory Basics Initiative and incorporate changes needed to implement the GLI. The AWQTAC and interested stakeholders in the Great Lakes Basin (for those revisions prepared to implement the GLI) will be consulted in the development of this rulemaking. Edward Brezina, 717-787-9637 Chapter 103, Municipal Financial Assistance
Clean Streams Law, Act 339 December 1996 , as proposed. These revisions will eliminate obsolete provisions relating to the Federal sewerage construction grants program due to the phase-out of the Federal program, update portions of the provisions implementing the Act 339 sewage treatment works subsidy program, and update regulations relating to the use of Land and Water Conservation Act funds for municipal sewage needs. There is currently no advisory committee established to review these funding programs. Tony Maisano, 717-787-6744 Storage Tanks Certification Program
Storage Tank and Spill Prevention Act July 1996, as final. The proposal amends the certification program for installers and inspectors of storage tanks. The changes represent corrections and additions that are necessary to improve the existing regulations based on the Department's experience in administering this program over the past three years. The STAC has assisted in the development of this final rulemaking. Karl Sheaffer, 717-772-5800 Sewage Amendments - Planning, Permitting and Disposal Facilities Act 149 amendments to the Pa. Sewage Facilities Act (Act 537) Adopted as final rulemaking in June 1996 The first of two rulemakings to implement Act 149 amendments, this rulemaking addresses the ten-acre permit exemption and a process to resolve disputes involving mottled soils, as well as other provisions. The Sewage Advisory Committee (SAC) was involved in the development of this rulemaking. Milt Lauch, 717-787-3481 Act 149 Sewage Facilities Amendments
Act 149 amendments to the Sewage Facilities Act (Act 537) December 1996, as final The second of two rulemakings to address Act 149 amendments, this proposal offers local agencies incentives by increasing reimbursement for qualifying municipalities to administer on-lot system permitting programs and delegating the new land development planning program to local agencies. The proposal includes several exemptions and waivers from current requirements and makes numerous changes to local agency permitting procedures. Six public hearings were held throughout Pennsylvania during the 60-day public comment period which closed May 29. The SAC has been involved in the development of this rulemaking. Milt Lauch, 717-787-3481 Stream Redesignations - Kettle Creek, et al.
Clean Streams Law August 1996, as final This proposal will upgrade several streams in Clinton, Centre, Dauphin, Blair and McKean Counties to High Quality or Exceptional Value status. None of the streams were studied as a result of a petition. Tom Barron, 717-787-9637 Stream Redesignations - Tinicum Creek, et al.
Clean Streams Law September 1996, as final Eleven streams were studied in this proposal. Five streams--Tinicum, Unami, Pine, Sideling Hill, and Lofty Creeks--were studied as a result of petitions. With the exception of Lofty Creek, which was recommended to retain its current designation of Cold Water Fishes, all streams would be provided Special Protection status. Tom Barron, 717-787-9637 Chapter 102, Erosion Control
Clean Streams Law March 1997, as proposed. This proposal will include minor revisions such as eliminating obsolete terms, simplifying technical requirements for control facilities, updating and clarifying permit requirements to reflect current Federal NPDES permit requirements for construction activities, revising requirements that may be interpreted as more restrictive than Federal requirements, and establishing a minimum area of disturbance to require the development of an erosion and sedimentation control plan. The AWQTAC and the Agricultural Advisory Board (AAB) will review drafts of the proposed rulemaking. Michael Sherman, 717-783-7577 Chapter 105, Dam Safety and Waterway Management
Clean Streams Law April 1997, as proposed. Revisions will be proposed to increase the number of minor projects eligible for permit waivers; create a permit-by-rule for minor impact projects which would be similar to and in some cases replace general permit categories; revise the definition of ''small project'' to include minor wetland encroachments and expand the small projects concept by establishing discretion to waive permits, specific regulatory requirements, and specific documentation on a case-by-case basis; establish a ''field permit'' to facilitate issuing permit decisions during site visits; simplify the application fee schedule; and simplify the administration and clarity of the Chapter 105 and 106 programs by deleting Chapter 106 and incorporating the public flood plain permitting requirements of Chapter 105, thus consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) and the AAB will review drafts of the proposal. Mike Conway, 717-783-7917 Chapter 171, Schools Administrative Code of 1929 November 1996, as proposed. The Department proposes to eliminate these regulations concerning general sanitation at private and public schools because of the transfers of the Eating and Drinking Program to the Department of Agriculture and the Bathing Place Program to the Department of Health. Other basic sanitation requirements such as adequate sewage disposal, safe drinking water and proper solid waste disposal are provided by existing programs in DEP. This does not require advisory committee review. The Department is working with the Departments of Health, Education and Agriculture prior to rescinding these regulations. Joseph Hoffman, 717-787-5017 Land Recycling and Environmental Remediation Standards
The Land Recycling and Environmental Remediation Standards Act July 1996, as proposed. The Land Recycling and Remediation Standards Act (Act 2 of 1995) requires the adoption of statewide health standards, appropriate mathematically valid statistical tests to define compliance with the Act, and other regulations necessary to implement the Act. The regulations will provide clear direction concerning the cleanup standards required to be met to those undertaking the cleanup of a contaminated site. The regulations will establish the test used to demonstrate compliance with these cleanup standards. The regulations will also encourage the voluntary cleanup of contaminated sites that can be reused for industrial purposes rather than siting industrial activity on land which has not previously been used for those purposes. The Cleanup Standards Scientific Advisory Board (CSSAB), created by the Act, has assisted in the development of this proposal. Tom Fidler, 717-783-7509 Universal Waste Rule
Solid Waste Management Act Adopted as proposed rulemaking in April 1996 This proposal adopts the Federal provisions to streamline the hazardous waste regulations to make it easier for consumers and businesses to recycle batteries, certain pesticides and mercury thermostats, while ensuring their safe collection, recycling, handling and treatment; provides a petition process to add wastes that could be regulated in a like manner; and allows universal waste handlers to receive off-site hazardous waste and still qualify for a permit-by-rule status. The proposed rulemaking was adopted by the EQB in April 1996. The proposal is currently under review by the Office of Attorney General. Following approval, it will be published in the Pennsylvania Bulletin with a 60-day public comment period. No public meetings or hearings have been scheduled. The SWAC reviewed the draft proposed rulemaking and will review the draft final rulemaking in November 1996. Leon Kuchinski, 717-787-6239 Marking of Infectious Waste Containers
Infectious and Chemotherapeutic Waste Disposal Act, Solid Waste Management Act Adopted as proposed rulemaking in April 1996 This proposal provides for the substitution of rigid containers in colors other than yellow or red for the shipping of infectious or chemotherapeutic wastes, provided certain marking and labeling requirements are met. Pennsylvania regulations are currently more stringent than the Federal government requirements in this regard. The EQB adopted this proposed rulemaking in April 1996; it was published in the Pennsylvania Bulletin on June 15 with a 30-day public comment period closing July 15. No public meetings or hearings have been scheduled. The SWAC reviewed the draft proposed rulemaking and will review the draft final rulemaking in November 1996. Ron Hassinger, 717-787-7381 Chapters 270-299, Municipal and Residual Waste Amendments -
Reporting Requirements Solid Waste Management Act December 1996, as proposed. This proposal will contain revisions to the reporting requirements of the municipal and residual waste regulations as identified by the Department's Reporting Requirements Study, including elimination of 16 reporting forms by relying on information already contained in the files, other reports, or onsite facility operational reports; providing for the electronic transfer of data; deleting notary certification requirements for waste reports; and eliminating unnecessary information from existing reports. The overall volume of reporting forms is expected to be reduced by 50 percent. The SWAC will review the draft proposal in September 1996. Bill Pounds, 717-787-7564 Chapter 272, Municipal Waste Amendments - Recycling and Planning
Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) March 1997, as proposed. These revisions implement changes developed as a result of the Act 101 Municipal Waste Stakeholders Group recommendations to DEP. Content of the rulemaking will be dependent upon review by the SWAC and possible reauthorization of Act 101. Changes will affect the recycling and planning provisions of the municipal waste regulations. Keith Kerns, 717-787-7382 Chapters 260-270 - Hazardous Waste Amendments #6
Solid Waste Management Act March 1997, as proposed. These amendments revise areas where state regulations are more stringent than Federal requirements, including alternate concentration levels for hazardous constituents; interim status requirements; financial assurance requirements; addition of the precious metals reclamation exclusion; and changes to the research, development and demonstration permit requirements. The proposal will also streamline permit requirements for mobile treatment/processing facilities which recycle or reclaim wastes on site; and adopt a variance provision for hazardous waste to allow for deviation of construction requirements where it can be demonstrated by the facility that alternate construction will be protective of the environment. The proposal also revises and consolidates the hazardous and residual waste used oil regulations into one chapter. The SWAC will review the draft proposed rulemaking in January 1997. Leon Kuchinski, 717-787-6239 Municipal and Residual Waste/Sewage Sludge
Solid Waste Management Act September 1996, as final. This proposal modifies the biosolids program to be more consistent with the Federal 503 program; authorizes the use of general permits for municipal waste processing and beneficial use, including the land application of biosolids; and modifies requirements for the beneficial use of coal ash. The proposal also amends the residual waste regulations to provide consistency in the implementation of general permits between the two programs. The SWAC has been involved in the development of this final rulemaking. Bill Pounds, 717-787-7564 Hazardous Waste Amendments (PK-5)
Solid Waste Management Act July 1996, as final. These amendments clarify the terms ''coproduct'' and ''product'' as they relate to the reuse of waste; reduce the reporting requirements for generators and operators of treatment, storage or disposal facilities; adopt the Federal biennial report system and eliminate the state quarterly reports; adopt the Federal standards for conditionally exempt small quantity generators; clarify the term ''RCRA empty'' as it relates to containers; increase the allowable in-transit storage time from 5 to 10 days at approved facilities; update the category of exclusions to be consistent with EPA; provide for permits by rule for treatment by generators and storage prior to onsite reclamation; provide a rebuttable presumption for waste oil with >1,000 ppm halogens; adopt Federal standards for drip pads, containment buildings and secondary containment at generator facilities; allow for the use of a generic Module 1 waste analysis report for similar wastes and allow for satellite accumulation at generator facilities. The SWAC has been involved in the development of this final rulemaking. Leon Kuchinski, 717-787-6239 NOx Emission Reduction Requirements
Air Pollution Control Act February 1997, as proposed. This proposal implements a nitrogen oxides (NOx) emissions budget program consistent with the Ozone Transport Commission's (OTC) Memorandum of Understanding (MOU) on Phase II NOx reductions for the 12 Northeast Ozone Transport Region (OTR) states and the District of Columbia. This regulation will require reductions in ozone season NOx emissions from fossil-fired utility and large industrial combustion facilities in Pennsylvania in order to achieve the health-based National Ambient Air Quality Standard (NAAQS) for ozone. DEP has been working with the Air Subcommittee of AWQTAC in the development of this regulation. Dean VanOrden, 717-787-4310 Open Market Trading Program for VOCs and NOx
Air Pollution Control Act July 1997, as proposed. This regulation will allow sources emitting volatile organic compounds (VOCs) and oxides of nitrogen (NOx) to trade emissions reductions among sources in order to achieve emission reduction requirements. The trading program approach will reduce the overall costs of meeting the public health and environmental goals of the NAAQS for ozone. The open market trading program will be developed with input from a stakeholders group, AWQTAC, CAC, and SBCAC in January 1997. Dean VanOrden, 717-787-4310 Clean Fuel Fleets
Air Pollution Control Act August 1996, as proposed (withdrawal). A Clean Fuel Fleet Program was mandated by the Clean Air Act for southeast Pennsylvania; however, EPA has determined that the requirement is no longer applicable because the pending national low-emission vehicle program can be substituted for the clean fuel fleet requirement. Therefore, the Department will withdraw the proposed rulemaking which the EQB approved in August 1994. Arleen Shulman 717-772-3926 Chapter 139, Sampling and Testing
Air Pollution Control Act June 1997, as proposed. This amendment will revise the regulations related to sampling and testing for particulate matter to make those regulations consistent with applicable Federal requirements for sampling and reporting of particulate matter emissions. The AWQTAC will review the proposal in December 1996. Tim Brooks, 717-783-9271 Strategy for Ozone Attainment
Air Pollution Control Act Spring 1997 , as proposed. DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. When the nature of the ozone nonattainment problem has been identified, the stakeholders will evaluate control strategies to address and resolve the problem. The stakeholders will choose from among the list of available control strategies based on the needs of the local area. Once the control strategies are chosen, the Department will need to incorporate those strategies into the State Implementation Plan (SIP). Depending on the control strategies selected, the Department may need to develop implementing regulations. It is expected that the Pittsburgh area will propose strategies which may result in draft regulations in early 1997. The Department will develop the proposed SIP with input from both the AWQTAC and CAC, and involve the SBCAC if the control strategies have an impact on small businesses. Wick Havens, 717-787-4310 Alternative Emission Reduction Limitations (''Bubbles'')
Air Pollution Control Act July 1997, as proposed. The regulatory provisions in Chapter 128 will delete obsolete provisions that apply to sources that are no longer in operation. The AWQTAC will review the proposal in January 1997. Scott Kepner, 717-787-1663 Dry Cleaning Facilities
Air Pollution Control Act May 1997, as proposed The EPA recently determined that the emissions from certain dry cleaning facilities do not contribute to the formation of ozone. As a result, the Department proposes to delete the regulations restricting emissions of these compounds from dry cleaning facilities. Drafts of the proposal will be submitted to AWQTAC, CAC and SBCAC in January 1997. Scott Kepner, 717-787-1663 Continuous Emission Monitoring (CEM) Data Availability
Air Pollution Control Act June 1997, as proposed. The regulatory requirements for sulfur dioxide (SO2) and the oxides of nitrogen (NOx) will be modified to recognize advances in technology and practical experience in implementing the current requirements. Drafts of the proposal will be submitted to the AWQTAC, CAC and SBCAC in September 1996. Donald Kerstetter, 717-772-3362 Chapter 121 - Definitional Changes
Air Pollution Control Act February 1997, as proposed. These amendments will revise the definitions of ''modification,'' ''responsible official,'' and ''secondary emissions'' for consistency with Federal definitions. Drafts of the proposal will be submitted to AWQTAC, CAC and SBCAC in September 1996. Douglas Lesher, 717-787-4325 Air Pollution Episodes
Air Pollution Control Act February 1997, as proposed. This revision will either delete the requirements for standby plans for air pollution episodes or require the preparation and submission of plans only upon a determination of necessity. Drafts of the proposal will be submitted to AWQTAC, CAC and SBCAC in September 1996. Krishnan Ramanurthy, 717-787-9256 National Standards of Performance for New Stationary Sources (NSPS)
Air Pollution Control Act February 1997, as proposed. This revision will incorporate by reference guidelines established by the EPA for existing sources of air pollution. Drafts of the proposal will be submitted to the AWQTAC, CAC and SBCAC in September 1996. Krishnan Ramamurthy, 717-787-9256 Ambient Air Quality Standards (AAQS)
Air Pollution Control Act March 1997, as proposed. This regulation will delete the state-only ambient air quality standards for settled particulate, sulfates, fluorides, and hydrogen sulfide, making the state program consistent with applicable Federal requirements. Beryllium is the only substance included in Section 131.3 for which a Federal standard exists. The state standard for beryllium will be retained because of its extreme toxicity. In addition, the sampling and analysis procedures for these standards will be deleted. Drafts of the proposal will be submitted to the AWQTAC and CAC in September 1996. Michael Zuvich, 717-787-6548 New Source Review
Air Pollution Control Act December 1996, as proposed. 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 may propose a separate rulemaking package regarding emission reduction credits. In addition, the Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be submitted to the AWQTAC, CAC, and SBCAC in October 1996. Douglas Lesher 717-772-3375 Conformity of General Federal Activities
Air Pollution Control Act August 1996, as final. This proposal adopts EPA's General Conformity rule by reference. Under this Federal rule, departments, agencies, or instrumentalities of the Federal Government are not permitted to engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable State Implementation Plan (SIP). The intent of integrating Federal actions with air quality planning is to protect the integrity of the Commonwealth's SIP by helping to ensure that SIP growth projections are not exceeded, emission reductions progress targets are achieved, and air quality attainment and maintenance efforts are not undermined. The AWQTAC was briefed on the draft final rulemaking. Dean VanOrden, 717-787-4310 Chapter 240, Radon Certification
Radon Certification Act Fall 1997, as proposed. DEP is currently conducting workshops attended by selected individuals from the Pennsylvania certified radon community to discuss possible amendments to the current regulations which appear to be of concern to the regulated community and which do not fully address new technologies that were developed since the effective date of the 1991 radon certification regulations in Chapter 240. Draft regulations are anticipated to be developed by December 31, 1996. William Dornsife, 717-787-2480 Radiological Health (Chapters 216, 218, 221, 223, 227, 228)
Radiation Protection Act March 1997, as proposed. The Department is developing amendments to its radiological health regulations which were last revised in 1983. The amendments will address technological advances, mostly in the medical profession, which have occurred since that time. Issues to be addressed include new diagnosis and treatment methods, new Federal regulations relating to industrial radiography, and particle accelerators which have changed in design and function. The amendments will offer increased protection to both employees and patients for medical diagnosis and treatment applications and address health and safety concerns, including the reduction in unnecessary exposure to patients and employees/operators. The Department will consult with its newly-established Radiation Protection Advisory Committee to solicit input on draft regulations. Stuart Levin, 717-787-3720 Water Supply Protection/Replacement (Mining)
Surface Mining Conservation and Reclamation Act February 1997, as proposed. This proposal would implement certain provisions of the 1992 amendments (Act 173) to the Pennsylvania Surface Mining Conservation and Reclamation Act, and reflect certain Environmental Hearing Board and Commonwealth Court decisions relative to restoration or replacement of water supplies impacted by surface coal mining operations. There are also minor amendments to alternative revegetation standards for remining of areas previously disturbed by mining. The MRAB will be involved in the development of these regulations. Evan Shuster, 717-787-7846 Chapter 86, Subchapter F - Bonding and Insurance Requirements
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act October 1996, as proposed. Various sections are being revised to address regulations which lack clarity and those which are more stringent than federal requirements and, consequently, may hamper the Pennsylvania coal industry's ability to compete effectively. Changes will involve self-bonding, procedures for release of bonds and bond forfeiture. Evan Shuster, 717-787-7846 Chapter 86, Subchapter G - Civil Penalties for Coal Mining Activities
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act October 1996, as proposed. These amendments will involve the calculation of civil penalties, procedures for assessing and appealing civil penalties, and individual civil penalties. Civil penalty amounts under the existing regulations may be greater than would be calculated in accordance with the Federal regulations, and the procedures for dealing with civil penalties are more stringent than Federal requirements. The amendments will ensure that the regulations are not more stringent than the Federal regulations. Evan Shuster, 717-787-7846

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Chapter 86, Subchapter K - Mine Operator's License
Surface Mining Conservation and Reclamation Act November 1996, as proposed. These amendments are necessary to reflect Act 43 of 1996 amendments to Pennsylvania SMCRA with regard to licensing of underground coal mine operators. Evan Shuster, 717-787-7846 Chapter 89 - Underground Mining of Coal and Coal Preparation Facilities
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation Act October 1996, as proposed. Various sections of Chapter 89 are obsolete and will be addressed along with amendments which are necessary to bring Pennsylvania's program into conformance with 1994 amendments to Pennsylvania law (Act 54) and 1995 amendments to Federal regulations. These changes involve subsidence damage and water loss due to underground bituminous coal mining. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated. Harold Miller, 717-783-8845 Chapter 77 - Noncoal Mining Noncoal Surface Mining
Conservation and Reclamation Act December 1996, as proposed. These amendments will clarify the standards for exemption from preblast surveys, delete obsolete regulations, and provide less prescriptive regulations for bond releases, hydrologic and geologic information, treatment facilities and sediment controls. The proposal will also simplify exploration requirements, bond adjustments and forfeitures, and clarify public notice requirements on permit revisions and setback waivers. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated. Thomas Whitcomb, 717-783-8845 Chapter 86, Subchapter C - Small Operator Assistance Program
Surface Mining Conservation and Reclamation Act January 1997, as proposed. These amendments are necessary to provide clarification of program requirements and eliminate redundant language in this section. Mick
McCommons, 717-787-4761 Chapter 86, Subchapter D - Areas Unsuitable for Mining
Surface Mining Conservation and Reclamation Act, Coal Refuse Disposal Control Act, Clean Streams Law January 1997, as proposed. These amendments are necessary to provide clarification and ensure efficient processing of requests for designation of areas as unsuitable for mining. Mick
McCommons, 717-787-4761 Chapters 86-90, Coal Mine Permitting and Performance Standards
Surface Mining Conservation and Reclamation Act, Clean Streams Law January 1997, as proposed. These amendments are necessary to address requirements which may be placing undue restrictions on the Pennsylvania coal mining industry and which may be hampering the industry's ability to compete effectively with coal mining in other states. In all chapters, the amendments involve information requirements for permits and performance standards. Specifically, the amendments will clarify requirements relating to casing and sealing drill holes, administrative requirements relating to coal exploration and regrading, and minimize fish and wildlife impacts. Nevin Strock, 717-783-8845 Shade Township (Somerset County) Unsuitable for Mining Designation Request
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act October 1996, as proposed. A petition (#56959901) was received to designate a 565-acre portion of Shade Township (Somerset County) as unsuitable for surface coal mining operations. The basis for the petition is that surface and underground mining could result in the degradation or loss of surface and ground water resources, including aquifers and aquifer recharge areas. A public hearing on the petition is scheduled for July 10, 1996, in Central City, Pa. The Department will complete a technical study of the petition area and make a recommendation on whether to designate this area as unsuitable for coal mining. If a designation is proposed, the Department will prepare a proposed rulemaking for the designation. The MRAB will review the Department's recommendation prior to EQB action. Mick
McCommons, 717-787-4761 Chapter 86, Subchapter D - Procedures for Designating Areas Unsuitable for Mining
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Act August 1996, as final. The amendments correct typographical errors and clarify ambiguous language concerning the term ''surface mining activities'' which are prohibited within designated areas through the petition process. The MRAB recommended approval of the draft final rulemaking Mick
McCommons, 717-787-4761 Designation of Area Unsuitable for Coal Mining - Squaw Run
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act August 1996, as final. This proposal will designate a 450-acre tract of land in Slippery Rock and Wayne Townships, Lawrence County, as unsuitable for surface coal mining activities. The designation will provide protection of surface water and ground water quality and quantity where on-lot wells are used for domestic water supplies. The amendments are necessary to ensure compliance with state and Federal laws. This action was initiated through the petition process. A public hearing was held on March 16, 1994, in Elwood City. The MRAB recommended approval of the draft final rulemaking. Mick
McCommons, 717-787-4761 Post-Mining Discharges/Licensing and Bonding
Surface Mining Conservation and Reclamation Act October 1996, as final. These amendments implement the 1992 amendments to Act 173 relative to the licensing of coal mine operators, bonding requirements and post-mining discharges. The proposal also updates the insurance requirements and revises license fees based on the tons of coal mined as required by the Act. The MRAB will review the draft final rulemaking. Peter Slack, 717-787-5103 Chapters 78 (Oil and Gas Wells), 79 (Well Drilling and Use) and 80 (Gas Well Classification)
Oil and Gas Act, Clean Streams Law, Solid Waste Management Act March 1997, as proposed. These amendments are being initiated to repeal obsolete provisions relating to gas well classification, clarify certain provisions, and to make other provisions less prescriptive. The Oil and Gas Technical Advisory Board (TAB) will be involved in developing these amendments. James Erb, 717-772-2199 GENERAL SERVICES
Instructions to Bidders
4 Pa. Code, Chapter 61 August 1996, as proposed. This Chapter has been rendered obsolete by contract documents and will be nominated for repeal. Merle H. Ryan [phone] General Conditions of the Construction Contract
4 Pa. Code, Chapter 63 August 1996, as proposed This Chapter has been rendered obsolete by contract documents and will be nominated for repeal. Merle H. Ryan [phone] Emergency Construction Repairs
4 Pa. Code, Chapter 67 August 1996, as proposed. The regulation will be amended to more accurately reflect present practice and to delete obsolete contract provisions. Merle H. Ryan [phone] Exercise of First Amendment Rights on Commonwealth Property
4 Pa. Code, Chapter 85 September 1996, as proposed. The exercise of first amendment rights on Commonwealth property is an issue of great sensitivity. On the basis of recent occurrences on Commonwealth property, the Department feels the need to thoroughly review this Chapter with a view towards a uniform policy which does not infringe on the exercise of first amendment rights, but which establishes a uniform approach to regulating the site and nature of activities. Gary F. Ankabrandt
[phone] Use of the Forum Building
4 Pa. Code, Chapter 87 September 1996, as proposed. The Department is evaluating the merits of revising this Chapter. Serious consideration is being given to expanding this Chapter to cover use of all Commonwealth buildings and the Department is considering the possibility of combining it with Chapter 85. Gary F. Ankabrandt
[phone] HEALTH
Procedural Rules for the Health Policy Board December 1996, as proposed. The regulations will set forth the rules of procedure for bringing appeals before the Board pursuant to Act 10 of 1996, which transfers the appellate review function for the Health Care Facilities Act to the Health Policy Board. James Steele,
Esq.
[phone] Emergency Medical Systems
28 PA Code § 1001 September 1, 1996, as proposed. The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth are pursuant to the Emergency Medical Services Act, 35 P.S. § 6921 to 6938. Earl Gettinger [phone] Head Injury Program
28 PA Code Chapter 4 September 1, 1996, as proposed. This regulation is needed to administer the Health Injury Program as required by the Emergency Medical Services Act of 1985, 35 P.S. § 6921. Elaine Terrell [phone] Newborn Screening
28 PA Code Chapter 28 July 1997, as proposed. This regulation would add the additional screening test for galactosemia, a metabolic condition that causes severe mental retardation and other serious health problems in children. Mary Little
[phone] Dental Laboratory Rules September 1, 1996, as proposed. This new regulation is needed to establish standards for operation of laboratories in dental offices as required by the Controlled Substances, Drug Device and Cosmetic Act. Charles Ludwig, DDS
[phone] Communicable Diseases
28 PA Code Chapter 27 July 1997, as proposed. The amendments to existing regulations would be consistent with current public health practices for the control of communicable and other reportable conditions. Current regulations have not been updated since 1987. Joel Hersh
[phone] HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY Pennsylvania Infrastructure Investment Authority Financial Assistance
25 Pa Code Chapter 963
 
Water Pollution Control Revolving Fund
Chapter 965 November 1996, as final. The amendments establish the Water Pollution Control Revolving Fund (''WPCRF'') in accordance with the federal requirements set forth in the Water Quality Act of 1987 (33 U.S.C.A. §§ 1251-1387). This fund is a revolving loan fund used for the construction of environmental infrastructure. Currently, the WPCRF program is operating without regulations and the need for regulations on eligibility and administration are evident. These amendments are a collaborative effort of the Department of Environmental Protection (''DEP''), the U.S. Environmental Protection Agency (''EPA'') and PENNVEST. The grant of authority to issue these regulations is set forth in Sections 5(c) and 6(4), (6) of the Pennsylvania Infrastructure Investment Authority Act 35 P.S. § 751.5(c)(2) and 751.6(4) and (6). Brion Johnson [phone] Individual On-Lot Sewage Disposal System Program
25 Pa Code Chapter 967 November 1996, as proposed. The aforementioned proposed regulations set forth the terms and conditions for financial assistance from the Individual On Lot Sewage System Program (''Program''). This Program affords citizens of the Commonwealth a means to finance and comply with environmental sewage disposal regulations in rural areas where households are not and will not be served by a centralized sewage disposal system. The regulations are necessary to instruct the individual homeowners on how to apply for assistance, on funding eligibility criteria and on how the Program is administered. PENNVEST, the DEP, the EPA and the Pennsylvania Housing Agency the The grant of authority to issue these regulations is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act 35 P.S. § 751.6(4)(i). Brion Johnson [phone] INSPECTOR GENERAL
No regulations being developed or considered at this date. INSURANCE
No-Fault Motor Vehicle Insurance, #11-136 October 1996, as proposed. Repeal of 31 Pa. Code, Chapter 66, obsolete regulations relating to no-fault automobile insurance. The No-Fault Automobile Insurance Law was repealed in 1984. Helfried LeBlanc 717-787-6174 Stock Ownership Statements, #11-137 December 1996, as proposed. Repeal of 31 Pa. Code, Chapter 21. The regulations provide guidelines for filing statements with the Insurance Department relating to stock ownership by insurance companies. The authorizing statute (40 P.S. § 422.1) was enacted in 1965 and is no longer useful or necessary. The purpose and intent of the statute has been superseded by the Pennsylvania Securities Law (70 P.S. §§ 1-609) enacted in 1972 and the Insurance Holding Company Law (41 P.S. §§ 991.1401-1413) most recently amended in 1992. Will Smith 717-787-2735 Notice of Increase in Premium, #11-130 December 1996, as proposed. This proposed regulation revises 31 Pa. Code, Chapter 113, to make the current regulations consistent with 1995 amendments to Act 86 of 1986. Act 86 governs the termination of commercial property and casualty insurance policies. The amendments, in Act 10 of 1995, reduce the period for advance notice of policy termination from 60 to 30 days and eliminate the requirement that companies provide insureds with notice of estimated increases in premium. The proposed revisions to Chapter 113 reflect these statutory changes. Chapter 113 is also being amended to clarify various other provisions of Act 86 . Helfried LeBlanc 717-787-6174 Producer Licensing, #11-134 December 1996, as proposed This proposal amends 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses. The proposal amends the method for determining anniversary and renewal dates for insurance agent and broker licenses. Anniversary and renewal dates are currently determined using an agent's or broker's date of birth. The amendment establishes the anniversary and renewal dates on the date of the original license. In the past, the Department has returned up to 70% of the applications received because the application fee was not properly pro-rated to the applicant's birth date. Peter Salvatore 717-783-2181 Disclosure of Material Transactions, #11-132 December 1996, as proposed The regulation proposes to adopt 31 Pa. Code, Chapter 27. Under § 320 of The Insurance Company Law of 1921 (40 P.S. § 443), insurers transacting business in the Commonwealth are required to file financial statements with the Department on an annual basis, and the Department has the discretion to require additional statements as necessary. The proposed regulation requires domestic insurers to file interim statements of specific transactions which may have an effect on the financial condition of the company. The general types of transactions required to be filed are acquisitions and disposition of assets that are non-recurring and not in the ordinary course of business, and nonrenewals, cancellations or revisions of reinsurance agreements. The regulation is required for continued accreditation by the National Association of Insurance Commissioners (NAIC). Stephen Johnson 717-783-4312 Credit for Reinsurance, #11-135 December 1996, as proposed. This regulation proposes to adopt 31 Pa. Code, Chapter 163, Requirements for Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers. Reinsurance is an agreement where risk of loss assumed by an insurer (the ceding insurer) is transferred to an assuming insurer or reinsurer. When a reinsurer is not licensed by the Department or is not included on the Department's list of qualified reinsurers, the obligations of the reinsurer must be secured in order for the ceding insurer to take credit for the reinsurance in its financial statements. The proposed regulation provides both ceding insurers and reinsurers with formal guidelines for what constitutes forms of security acceptable to the Department. This regulation is required to maintain NAIC accreditation. Stephen Johnson 717-783-4312 Underground Storage Tank Indemnification Fund - Commercial Heating Oil Tanks, #11-128 December 1996, as proposed. Act 16 of 1995 exempts Commercial Heating Oil Tanks (CHOT) owners from mandatory coverage by the Underground Storage Tank Indemnification Fund and provides for optional coverage. The regulation sets forth criteria and procedures for opting-in to coverage. Ronald A. Gallagher 717-783-8093 Medical Malpractice Insurance December 1996, as proposed. The proposed regulation would govern medical malpractice insurance to prohibit the discounting of medical malpractice insurance premiums and retroactive premium calculation. This regulation may be needed to prevent the erosion of the revenue stream of the Professional Liability Medical Catastrophe Loss Fund. The CAT Fund's revenue are based upon premiums; thus, discounting and retroactive premium plans cause fluctuation and uncertainty in the revenue of the CAT Fund. Gregory Martino 717-783-5079 Peer Review Organizations December 1996, as proposed. Act 6 of 1990 amended 75 Pa. C.S., Chapter 17 (relating to the Motor Vehicle Financial Responsibility Law). Act 6 contains provisions for peer review of medical treatments provided to victims of automobile accidents. In December 1991, the Insurance Department promulgated regulations (31 Pa. Code, Chapter 69) establishing a process for the peer review of medical treatments to guide insurers, medical practitioners, claimants and peer review organizations (PROs). Currently, many PROs have been approved by the Department, but are not conducting any business in the Commonwealth. It is a burden on the Commonwealth to maintain records regarding these inactive companies. Amendments to 31 Pa. Code, Chapter 69, would require PROs to demonstrate activity in the Commonwealth to maintain the status of an approved PRO. Helfried LeBlanc 717-787-6174 Underground Storage Tank Indemnification Fund - Claims Regulation December 1996, as proposed. The proposed regulation would establish requirements for underground storage tank owners to file claims with the Underground Storage Tank Indemnification Fund. The regulation would require that underground storage tank owners be in compliance with certain leak detection standards in order to obtain coverage from the Fund Ronald Gallagher 717-783-8093 Credit Insurance December 1996, as proposed. The current credit insurance regulations, 31 Pa. Code, Chapters 71 and 73, relate specifically to credit life and accident and health insurance. Because legislation passed in July 1994 expanded the Insurance Department's regulatory authority over credit unemployment insurance, the current credit insurance regulations will be expanded to include credit unemployment insurance. Additionally, the regulations will be revised to provide for less burdensome rating and rate deviation procedures, for new prima facie rates, and to incorporate and update numerous current credit insurance ''breast pocket'' notices and guidelines. Gregory Martino [phone] LABOR AND INDUSTRY
Employe Provisions
Retirement Pensions & Annuities
34 PA.Code § 65.101-107 Spring 1997, as proposed. The regulations in this subpart are being replaced in order to bring them into conformity with the U.S. Department of Labor's (USDOL) interpretation of Section 3304(a)(15) of the Federal Unemployment Tax Act. The proposed regulations will accomplish several purposes:
1)  Remove the $40 per week floor on the portion of pensions which may be deducted in § 65.101.
2)  Provide clarification regarding those retirement pensions which are deductible.
3)  Remove the regulation which provides for the non-deductibility of periodic payments made because an individual is permanently and involuntarily separated from employment prior to retirement age. Pete Cope
[phone] Referees' Rules
Workmen's Compensation Appeal Board Rules No promulgation anticipated in the next 12 months. Revising/updating rules of procedures for use before Workers' Compensation Judges and Workmen's Compensation Appeal Board. Thomas Kuzma [phone] Act 44 Implementation
34 Pa. Code Chapter 129 Spring 1997, as proposed. Regulations dealing with:
(a)  work-place safety committee certification;
(b)  evaluation of accident/illness prevention services and programs of insurers and self-insureds;
(c)  qualifications of accident/illness prevention service providers. Len Negley
[phone] Workers' Compensation
34 Pa. Code Chapter 125 Spring 1997, as proposed. Amending current regulations to permit group self-insurance funds to use individual loss cost multipliers to recoup operating expenses and to allow the establishment of one board of trustees to govern the operation of general funds. This regulation is being done in response to comments from the employer community. George Knehr [phone] General Requirements
34 Pa. Code, Part VI, Chapter 101
Telephone Hearings
Subchapter E - §§ 1107.127 - 101.133 August 1996, as final The former regulations governing hearings conducted via telephone sunsetted on April 8, 1994, although telephone hearings continue to be conducted with the consent of all parties. The Commonwealth Court held in Knisley v. Unemployment Compensation Board of Review, 93 Pa. Cmwlth. 519, 501 A.2d 1180 (1985), that absent promulgated regulations which safeguard the minimum due process rights of parties and also ensure that all hearings are conducted uniformly, evidence obtained via telephone, if properly objected to, will be stricken from the record. Carol Shaffner [phone] Elevators and Lifting Devices Late 1996 or early 1997, as proposed. The new regulation will amend the current standards to include American National Standards Institute/American Society of Mechanical Engineers A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. These new standards will provide greater public safety. Act of May 2, 1929, P.L. 1518, No. 452, 35 P.S. § 1341. HB1128 (Uniform Construction Code) would repeal this Act. The Building Officials and Code Administrators National Building Code would apply. James Varhola [phone] Underground Storage Facilities January 1997, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. Regulations are mandated by the ''Underground Storage Act.'' James Varhola [phone] Dry Cleaning January 1997, as proposed. This regulation is to regulate the construction, operation and maintenance of dry cleaning plants. Regulations are mandated by the H.B. 1128 (Uniform Construction Code) would repeal this Act. Edward Leister [phone] Lead-Based Paint Occupations Accreditation and Certification January 1997, as final. This regulation sets up the Department's lead-based paint accreditation of training providers and the worker certification program. It is based on the Environmental Protection Agency's model plan. Act of July 6, 1995, P.L. 291, No. 44, 35 P.S. § 5901, et seq. Sharon Lawson [phone] Asbestos Occupations Accreditation and Certification July 1996, as proposed. 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. August 1997, as proposed. This regulations will further clarify 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, and the date on which it is to be remitted to the Fund. Statutory authority 40 P.S.§§ 1301.701 et.seq. Arthur McNulty 717-783-3770 MILITARY AND VETERANS AFFAIRS
No regulations being developed or considered at this date. PROBATION AND PAROLE
No regulations being developed or considered at this date. PUBLIC WELFARE Subsidized child day care July 1996, as proposed. This regulation adds in-home care as a child care service option to a family eligible for the subsidized child day care program. This amendment is mandated by the child care and development block grant (CCDBG) and the at-risk block grant and applies to all subsidized day care funding sources. Tom Vracarich [phone]

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Child protective services law December 1996, as proposed. This regulation incorporates the amendments to the child protective services law as a result of act 151 of 1994 and act 10 (ss1) of 1995. The major changes are: provisions for investigating reports of suspected sexual abuse or exploitation or serious bodily injury by a school employee against a student; screening applicants for employment in schools against childline files to determine whether or not their names are on file as an abuser; and reports of neglect. Tom Vracarich [phone] Medical assistance estate recovery December 1996, as final omitted. This regulation will codify the department's collection practices to recover correctly paid ma from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care (includes Intermediate Care Facilities/Mental Retardation and Intermediate Care Facilities/Other Related Conditions), home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93 and Act 49. Tom Vracarich [phone] OBRA 90: Supplemental Security Income-related MA income/resource No publication anticipated in next six months This final omitted regulation codifies seven changes resulting from OBRA 90 that effect the SSI program and therefore the SSI-related program in the areas of income and resources. OBRA 90 also provides a mandatory change to the posteligibility requirements for institutionalized MA eligibles who will have their VA pension reduced to $90 but that will now not be counted in determining cost of care. Thus, SSI and MA recipients will be positively impacted. The reduction that veterans will contribute toward cost of care will increase federal/state costs but will not affect service delivery. This Regulation will be reviewed by the executive policy committee (EPC) which includes representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich [phone] Disclosure of social security number September 1996, as proposed. This regulation incorporates federal requirements that applicants for and recipients of benefits administered by the department of public welfare are required to disclose or apply for a social security number as a condition of eligibility. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Continuation of Medical Assistance throughout pregnancy. September 1996, as final omitted. 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. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Lump sum payments September 1996, as proposed. This proposed regulation will require that any balance remaining of a lump sum that has been treated as income in the calendar month of receipt for the Medical Assistance eligibility determination is treated as a resource in subsequent months. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Veterans Affairs Aid and Attendance August 1996, as final omitted. This regulation codifies the provision that the VA aid and attendance benefit received by a MA recipient in a nursing facility are not counted as income when determining the amount of income they are expected to pay toward the cost of care. This regulation will be reviewed by the executive policy committee (EPC) which includes representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich [phone] Emergency Assistance Program No publication anticipated in next six months. This proposed regulation provides for the expansion of the emergency shelter assistance (ESA) component for individuals under age 21 and families with children under age 21. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Exclusion of Resources-Medical Assistance children September 1996, 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 and general assistance (GA) related persons under 21 years of age and for aid to families with dependent children (AFDC) related and GA-related families with children under 21 years of age. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Community work experience program (CWEP) August 1996, as final. These final regulations revise the community work experience program to incorporate requirements of the federal jobs program. The revisions clarify who may be assigned and the priority and factors to be considered in making community work experience program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for cwep recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package. This regulation will be reviewed by the executive policy committee (EPC) as noted above. Tom Vracarich [phone] AFDC-U participation October 1996, as final omitted. This regulation codifies federally-mandated participation requirements for unemployed parents and defines the participation requirements. This regulation will be reviewed by the executive policy committee (EPC) as noted above. Tom Vracarich [phone] General Assistance Restructure - Act 1994-49 October 1996, as final omitted. This regulation incorporates provisions of Act 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. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Elimination of PACE requirement September 1996, as final omitted. This regulation codifies the elimination of the income deduction for the PACE program as required by Title XIX. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Change in guardian income deduction No publication anticipated in next six months. This regulation provides for a limited income deduction for court-ordered guardian and other fiduciary fees in the Medical Assistance posteligibility determination process for institutionalized patients. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Correction of underpayments No publication anticipated in next six months. This regulation codifies policies regarding correction of underpayments to former as well as current recipients of Aid to Families with Dependent Children and General Assistance cash assistance benefits. This regulation will be reviewed by the executive policy committee (EPC) which includes representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich [phone] Organ transplants No publication anticipated in next six months. This regulation codifies an OBRA '93 requirement that organ transplants are not considered an emergency medical service. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Minor parent October 1996, as final omitted. This regulation incorporates Act 20 revisions to the Aid to Families with Dependent Children and General Assistance general eligibility requirements by adding a condition that, to receive cash assistance, certain minor parents who are applicants or recipients and the dependent children in the minor parent's care, must reside in the home of a parent, legal guardian, other adult relative, or in an adult-supervised supportive living arrangement, unless one of several exceptions is met. Act 35 expanded this provision to include the AFDC-related category of categorically needy- nonmoney payment medical assistance. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Elimination of transitionally needy component of general assistance program October 1996, 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. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Real property liens December 1996, 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. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Criminal history October 1996, as final omitted. 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. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Act 1996-35 - General eligibility changes October 1996, 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 12-month period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (''MNO/MA'') eligibility to certain groups; revising the methodology used to determine eligibility for retroactive MNO/MA; and imposing a 90-day residency requirement. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Act 1996-35 - Provisions Effective 10-1-96 or upon approval of federal Waiver. October 1996, as final omitted. This regulation incorporates provisions including establishing reset; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and establishing a two-tier benefit level based on residency. Act 35 provisions applicable to the AFDC program may not be implemented until federal approval is received. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Act 1996-35 - Child Support Cooperation October 1996, as final omitted. This regulation codifies provisions to further define Title IV-D cooperation requirements and procedures for AFDC, General Assistance, and Medical Assistance applicants/recipients. Provisions require federal waiver. This regulation will be reviewed by the executive policy committee (EPC), as noted above.. Tom Vracarich [phone] Act 1996-35 - Community Service August 1996, as proposed. This proposed regulation would provide that a person who verifies they are actively engaged in volunteer community services for 100 hours per month can qualify for MNO-MA benefits if otherwise eligible. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Veterans Affairs pension to surviving spouse in a nursing facility No publication anticipated in next six months. This final omitted regulation codifies the exclusion of the aid and attendance benefits of a reduced Veterans Affairs pensions to veterans and to the surviving spouses of veterans similarly situated, having no dependents and in a medicaid-funded nursing facility. This regulation will be reviewed by the executive policy committee (EPC), as noted above. Tom Vracarich [phone] Medical support rights November 1996, as final omitted. 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. This regulation will be reviewed by the executive policy committee (EPC) which includes representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich [phone] Annuity rule No publication anticipated in next six months. This final omit regulation codified the provision that in addition to the current provision permitting the institutionallized 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 or comunity spouse may file an appeal and seek an administratiive 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. This regulation willbe reviewed by the executive policy committee (EPC) which includes representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich [phone] Early and Periodic Screening Diagnosis Treatment (EPSDT) December 1996, 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] Clozapine support services August 1996, as final omitted. This regulation codifies coverage for psychiatrists, outpatient psychiatric clinics and psychiatric partial hospital facilities for support services provided to MA recipients receiving clozapine. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich [phone] Medical Assistance case management services December 1996, 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 September 1996, 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 dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; medical supplies and equipment except as prescribed for family planning or with home health agency service; and prescription drugs except legend birth control drugs. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich [phone] Prior authorization September 1996, as final omitted. This final regulation adds a prior authorization requirement for home health services, psychiatric partial hospitalization and multisource brand name drugs identified by the department as having equivalent generic drug products available for substitution. This regulation will be reviewed by the MAAC, as noted above.. Tom Vracarich [phone] Discontinue coverage - infertility September 1996, 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] Chapter 1181 Nursing Facilitites Intergovernmental Transfer August 1996, as final omitted. This final regulation implements an intergovenmental transfer agreement. The agreement provides disproportionate share payments to qualifying county nursing facilities and provides a 2% increase in the net operating interim per diem rates for nursing facilities operating below applicable ceilings. Provisions contained in the regulation are a result of negotiations with the county commissioners association and have been reviewed with the long term care subcommittee of the medical assistance advisory committee. Tom Vracarich [phone] Residential treatment facilities (RTF) for mental health services December 1996, 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] Chapter 1187 Nursing Facilities Intergovernmental Transfer No publication anticipated in next six months. This final regulation codifies the current inter-governmental transfer agreement for nursing facilities reimbursed under case mix regulations. The provisions include transition rates for general nursing facilities and enhanced transition rates for county nursing facilities. Provisions contained in the regulation are a result of negotiations with the County Commissioners Association and have been reviewed with the long term care subcommittee of the MAAC. Tom Vracarich [phone] Pharmaceutical services drug coverage September 1996, 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 October 1996, 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] Medical assistance transportation program December 1996, as final. This regulation amends Chapter 2070, eligibility for services funded through the public assistance transportation block grant, to reflect current practices and to rename it as Chapter 2070, eligibility for services funded through the medical assistance transportation program. This regulation will be reviewed by the MAAC. Tom Vracarich [phone] REVENUE
Books, Publications and Advertising Materials
61 Pa. Code § 31.29 September 1996, as proposed. The Department is amending § 31.29 (relating to books, printed matter and advertising materials) in response to statutory changes and inquiries from the public. Douglas A. Berguson 717-787-1382 Building Maintenance or Building Cleaning Services
61 Pa. Code §§ 55.7 and 60.1 July 1996, as proposed. This regulation sets forth the Department's interpretation of 72 P.S. §§ 7201(k)(14), (o)(12) and (aa) and 7204(51) relating to the taxation of building maintenance or building cleaning services. Currently the Department's interpretation is set forth as a pronouncement and codified at § 60.1 (relating to building maintenance or building cleaning services). The Department has concluded that its policy relating to this service should be set forth as a regulation. Therefore, in addition to proposing to add § 55.7 (relating to building maintenance or building cleaning services), the Department is also proposing to delete the pronouncement set forth at § 60.1. Douglas A. Bergson 717-787-1382 Cigarette Tax
61 Pa. Code, Article III November 1996, as proposed. This regulation is a comprehensive amendment to the cigarette tax regulations set forth in Title 61, Article III. Cigarette and Beverage Taxes. Douglas A. Berguson 717-787-1382 Compensation; Allowable Deductions From Gross Compensation and Deferred Compensation Arrangements
61 Pa. Code §§ 101.6, 101.6a and 101.6b October 1996, as proposed. The Department is amending §§ 101.6 and adding 101.6a and 101.6b to set forth its interpretation of current case law and current policy in the areas of compensation; commonly recognized old age or retirement benefits; reimbursements of business expenses; and guaranteed payments. Douglas A. Berguson 717-787-1382 Computer Services November 1996, as proposed. This regulation sets forth the Department's interpretation of 72 P.S. §§ 7201(k)(16), (o)(14), (dd) - (ii) and 7204(52) relating to the taxation of computer services. Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.13 (relating to computer services). The Department has concluded that its policy relating to this service should be set forth as a regulation. Therefore, in addition to proposing to add a regulatory section relating to computer services, the Department is also proposing to delete the pronouncement set forth at § 60.13. Douglas A. Berguson 717-787-1382 Credits Against Tax; Estimated Tax 61 Pa. Code §§ 111.2 - 111.5, 115.1 - 115.5, 115.8, 115.9 and 115.11 - 115.12 November 1996, as proposed. This regulation sets forth the Department's policy relating to taxes for which credit is not allowed; other conditions for allowance of the credit for taxes paid to other states; limitations on the amount of the credit for taxes paid to other states; proof requirements; jointly paid estimated tax; and application of overpayments of estimated tax. This regulation is necessary to delete obsolete text; add language consistent with statutory changes; and provide additional guidance in areas that have been subject to questions from the public. Douglas A. Berguson 717-787-1382 Definitions; Net Profits and Regulated Investment Companies
61 Pa. Code §§ 101.1, 103.12 and 155.30 October 1996, as proposed. Section 101.1 (relating to definitions) is being amended by replacing the existing definitions of ''employe'' and ''employer'' with new definitions consistent with the requirements of 72 P.S. § 7301(g) and (h). The definition of ''income'' is being expanded to implement the provisions of 72 P.S. § 7602(f)(2)(A) and reflect recent holdings in Morgan v. Commonwealth, 42 Pa. Commonwealth Ct. 557, 400 A.2d 1384 (1979) and Wettach v. Commonwealth, 153 Pa. Commonwealth Ct. 293, 620 A.2d 730 (1993). Section 103.12 (relating to net profits) is also being amended to reflect Morgan and Wettach. The definition of ''personal income tax income'' set forth in § 155.30(b)(4) (relating to regulated investment companies) is being amended to provide that the term means income computed in the same manner and on the same basis as the income of an individual under Article V. Personal Income Tax. Douglas A. Berguson 717-787-1382

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Duplicating
61 Pa. Code § 31.22 September 1996, as proposed. The regulation adds language addressing duplication of documents provided by the customer; details the treatment of duplication of documents not provided by the customer; and explains that when the document being duplicated is provided by the vendor In the ordinary course of business, the charge for copies is taxable unless the document is an official document. In addition, the regulation also explains that vendors may claim the resale exemption on purchases of tangible personal property, such as toner or paper, that is transferred to the customer In connection with the sale of a duplicated document. Douglas A. Berguson, 717-787-1382 Electronic Funds Transfer
61 Pa. Code § 5.3 September 1996, as final-omitted. This regulation amends § 5.3 (relating to payments required to be paid by electronic funds transfer) to update the address for remitting an electronic funds transfer payment In person or by courier. Douglas A. Berguson, 717-787-1382 Further Examination of Books and Records
61 Pa. Code §§ 6.22, 8a.1 and 35.1 October 1996, as final. This regulation interprets section 2915-A of the act of June 30, 1995 (P.L. 139, No. 21) (Act 21) by adding § 8a.1 (relating to further examination of books and records). It also deletes § 6.22 (relating to further examination of books and records) because the section will not be necessary upon final publication of § 8a.1. To avoid confusion, § 35.1 (relating to tax examinations and assessments) is being amended to delete language that is similar In nature to § 8a.1. Section 2910-A of Act 21 required the Department to develop regulations to implement the provisions of Article XXIX-A. Tax Amnesty Program, of which section 2915-A, further examination of books and records, is a part. Douglas A. Berguson, 717-787-1382 Lawn Care Services
61 Pa. Code §§ 55.6 and 60.2 November 1996, as final. This regulation sets forth the Department's interpretation of 72 P.S. §§ 7201(k)(17), (o)(15) and (jj) relating to the taxation of lawn care services. Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.2 (relating to lawn care services). Department has concluded that its policy relating to this service should be set forth as a regulation. Therefore, In addition to proposing to add § 55.6 (relating to lawn care services), the Department is also proposing to delete the pronouncement set forth at § 60.2. Douglas A. Berguson, 717-787-1382 Local Tax
61 Pa. Code §§ 60.16, and 95.1 - 95.303 October 1996, as proposed. This regulation sets forth the Department's interpretation of sections 501-509 of the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class (53 P.S. §§ 12720.501 - 12720.509), sections 3150-B - 3157-B of the Second Class County Code (16 P.S. §§ 6150-B - 6157-B) and section 201-A of the Tax Reform Code of 1971 (72 P.S. § 7201-A). Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.16 (relating to local sales, use and hotel occupancy tax). The Department has concluded that its policy relating to local sales, use and hotel occupancy tax should be set forth as a regulation. Therefore, In addition to proposing to add Chapter 95. Local Tax, the Department is also proposing to delete the pronouncement set forth at § 60.16. Douglas A. Berguson, 717-787-1382 Passenger Car Rental Tax
61 Pa. Code §§ 9.14 and 47.20 January 1997, as final. This regulation sets forth the Department's interpretation of Article XVI-A Passenger Car Rental Tax (72 P.S. §§ 8601-A - 8604-A). Currently the Department's interpretation is set forth as a pronouncement and codified at § 9.14 (relating to passenger car rental tax). The Department has concluded that its policy relating to Article XVI-A should be set forth as a regulation. Therefore, In addition to proposing to add § 47.20 (relating to passenger car rental tax), the Department is also proposing to delete the pronouncement set forth at § 9.14. Douglas A. Berguson, 717-787-1382 Public Transportation Assistance Fund Taxes and Fees
61 Pa. Code §§ 9.4 and 47.19 June 1996, as proposed. This regulation sets forth the Department's interpretation of 72 P.S. § 9301 relating to public transportation assistance fund taxes and fees. Currently the Department's interpretation is set forth as a pronouncement and codified at § 9.4 (relating to public transportation assistance fund taxes and fees). The Department has concluded that its policy relating to public transportation assistance fund taxes and fees should be set forth as a regulation. Therefore, In addition to proposing to add § 47.19 (relating to public transportation assistance fund taxes and fees), the Department is also proposing to delete the pronouncement set forth at § 9.4. Douglas A. Berguson, 717-787-1382 Return of Information as to Payment In Excess of $10
61 Pa. Code § 117.18 September 1996, as proposed. This regulation amends § 117.18 (relating to return of information as to payment In excess of $10) to clarify how a Pennsylvania information return may be made by a regulated investment company. In March, 1996, the Department adopted a final-form regulation that amended § 117.18 In addition to other personal income tax regulatory sections. During the final stages of the adoption process, a comment was made regarding the information return made by a regulated investment company. To avoid delay In adoption of the entire regulatory package, the Department agreed to amend the section In a separate regulation. Douglas A. Berguson, 717-787-1382 Telecommunications Service
61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8 October 1996, as proposed. This regulation sets forth the Department's interpretation of the 1991 statutory changes set forth In section 201(m), 202(c) and 204(5) of the Tax Reform Code of 1971 (72 P.S. §§ 7201(m), 7202(c) and 7204(5)) regarding telephone, telegraph and telecommunications services. Douglas A. Berguson, 717-787-1382 Sales and Use Tax Amendments
61 Pa. Code §§ 7.3, 7.6, 31.4, 31.5, 31.7, 31.26, 32.1 - 32.5, 32.21, 32.22, 32.31 - 32.37, 33.1, 33.2, 33.4, 42.1, 42.3, 44.2, 45.1, 46.9, 47.18 and 58.13 October 1996, as proposed. The Department is proposing numerous amendments to the Pennsylvania Code, Title 61. This regulatory package is the result, In part, of a comprehensive review of sales and use tax regulations In light of legislative changes from 1991 to the present. Douglas A. Berguson, 717-787-1382 STATE
Bureau of Charitable Organizations Fall 1996, as proposed. The Department proposes to repeal obsolete existing regulations codified at 49 Pa. Code Chapter 51.1 et seq. The regulations were initially promulgated under earlier statutes which were repealed by the Solicitation of Funds for Charitable Purposes Act (10 P.S. § 162.1 et seq.). Karl Emerson [phone] Bureau of Commissions, Elections and Legislation Fall 1996, as proposed. The Department proposes to repeal 4 Pa. Code Chapter 182.1 relating to the Statewide Central Registry Feasibility Study. The regulation is obsolete because the study was mandated to be completed by July 1, 1996 pursuant to Section 301 of the Pennsylvania Voter Registration Act (25 P.S.§ 961.301) . The Department proposes comprehensive revisions the Bureau's regulations found at 4 Pa. Code Chapters 171-181. The purpose will be to eliminate obsolete regulations and reflect recent statutory changes including the provisions relating to the Pennsylvania Voter Registration Act. The amendments will be proposed pursuant to the Pennsylvania Voter Registration Act (25 P.S. § 961.301), and the Pennsylvania Election Code (25 P.S. § 2601 et seq ). Richard Filling, [phone] State Athletic Commission Fall 1996, as proposed. The State Athletic Commission (SAC) proposes to amend 58 Pa. Code Chapter 21 to require that professional boxers and kickboxers submit, as part of their annual application for licensure, a report from a licensed medical laboratory that the applicant has tested negative for HIV. The SAC also proposes to amend 58 Pa. Code Chapters 3 and 5 to: 1) clarify that the senior SAC official administering a professional boxing event has control of the space and seating adjacent to the ring, and 2) establish SAC credentials that would give a predetermined number of individuals admission to professional boxing events. The SAC will also consider omnibus revisions to 58 Pa. Code , Part I to bring the SAC's regulations into compliance with both the revisions to the Pennsylvania Athletic Code as well as changes In the SAC's 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 Summer 1996, as proposed. The Navigation Commission will propose comprehensive revisions to 13 Pa. Code Chapters 201 - 209 to enhance navigational safety, eliminate obsolete regulations and to reflect statutory changes pursuant to 55 P.S. § 31 and 71 P.S. § 670.2(4). Brian Gottlieb, [phone] State Board of Auctioneer Examiners Absolute Auctions - 49 Pa. Code § 1.41. January 1997, as proposed. The proposal would identify those auctions In which the term ''absolute auction'' (an auction of sale to the highest bidder without any reserve limitation or conditions) may be used In auctioneer advertising and when conducting an auction. The regulation will protect the consumer at auctions by making false or deceptive advertising or auctioneering grounds for discipline. The Board has authority to regulate the conduct of licensed auctioneers under Section 32 of the Auctioneer and Auction Licensing Act, Act of December 22, 1983, P.L. 327, 63 P.S. § 734.32. Linda Dinger [phone]. Approved Course of Study - 49 Pa. Code § 11.11 March 1997, as proposed. The proposal would establish standards for school course practicum work In auctioneering. The regulation will permit the Board to verify the minimum level of education the Board believes necessary for licensure. Legal authority for the regulation is Section 32, 63 P.S. § 34.32. Sponsorship of Apprentices - 49 Pa. Code § 1.31. March 1997, as proposed. The proposal would require that sponsors provide minimum training of apprentices and document supervision of apprentices whom they employ. The regulation is needed to provide objective standards for sponsors to follow In training and supervising apprentices whom they employ and whose apprenticeship qualifies them for licensure. Legal authority for the regulation is Section 32, 63 P.S. § 734.32. Linda Dinger [phone]. State Board of Barber Examiners
49 Pa. Code Chapter 3. Fall 1998, as proposed. Revision of all regulations. Updating all regulations and deleting antiquated provisions. 63 P.S. § 566.4 (b). Kathleen Davis [phone] State Board of Chiropractic Child Abuse Reporting - 49 Pa. Code §§ 5.1; 5.91-5.96. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise chiropractors of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311, make reporting requirements a standard of professional conduct, and inform chiropractors that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Deborah Orwan [phone] Sexual Misconduct - 49 Pa. Code § 5.54. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional conduct. The Board has authority to adopt regulations necessary to carry out the act under Section 302(3) of the Chiropractic Practice Act, Act of December 16, 1986, P.L. 1646, as amended, 63 P.S. § 625.302(3). Peer Review
49 Pa. Code § 5.55. January 1997, as proposed. The proposal would regulate standards for review of chiropractic treatment. The proposal would assure that when chiropractic diagnosis and treatment are subject to utilization review by chiropractors, appropriate standards will be employed. The statutory authority for the regulation is Section 302(3) of the Act, 63 P.S. § 625.302(3). Examination and Business Practices
49 Pa. Code § 5.15, §§ 5.31, 5.32. March 1997, as proposed. Examinations In chiropractic techniques and jurisprudence will be adopted and fees established. The regulations In professional advertising and business aspects of chiropractic practice will be amended to delete unnecessary restrictions. Under Section 502, 63 P.S. § 625.502, professional testing services must prepare and administer all licensure examinations. The regulations In professional and business aspects of chiropractic practice will be amended to delete unnecessary restrictions under Section 302(3), 63 P.S. § 625.302(6). State Board of Cosmetology Disinfection, Equipment and Supplies
49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.114; and 7.105. December 1996, as proposed. These regulations update necessary equipment which is required to be available and In use In cosmetology shops. The regulations establish minimum safety sanitation requirements In cosmetology shops under Section 11 of the Act of May 3, 1933, P.L. 242, as amended, 63 P.S. § 517. Sara Sulpizio [phone] State Architects Licensure Board Examinations
49 Pa. Code § 9.41, 9.111, 9.112, 9.113. December 1996, as proposed. The revision will adopt computer adaptive testing for examination candidates. The National Council of Architect Registration Boards will make computer adaptive tests available to candidates In 1997. Fee and application procedures regulations will be revised to adopt the new costs and examination dates. Legal Authority: Section 6(d) of the Architects Licensure Law, Act of December 14, 1982, P.L. 1227, 63 P.S. § 34.6(d). Kathleen Davis [phone] General Revisions 49 Pa. Code §§ 9.1 -9.211. January 1997, as proposed. The amendments will delete unnecessary and outmoded provisions and revise language concerning requirements for licensure, professional conduct and board procedures. The regulations provide necessary guidance to applicants for licensure In Pennsylvania and will notify licensees of disciplinary process and procedures. Legal authority: Section 6(a) of the Law, 63 P.S. § 34.6(a). 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. January 1997, as proposed. The regulations will require program sponsors to biennially renew and authorize the Board to conduct audits of programs. The regulations assure that continuing education programs meet licensure renewal needs under Section 9.3(10) of the C.P.A. Law, Act of May 26, 1947, P.L. 318, as amended, 63 P.S. § 9.3(10). Dorna Thorpe [phone]. State Board of Funeral Directors Child Abuse Reporting
49 Pa. Code §§ 13.301-13.307. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise funeral directors of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform funeral directors that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Kathleen Davis [phone]. Examinations
49 Pa. Code §§ 13.71, 13.72. October 1997, as proposed. Intern training requirement for applicants will be revised to allow applicants to take the exam prior to completion of training. The regulation is needed to allow applicants for licensure the flexibility to qualify for and take the licensure exam and obtain training In a funeral establishment. Legal authority: Section 3(d) and (f) of the Funeral Director Law, Act of January 14, 1952, P.L. (1951) 1898), as amended, 63 P.S. § 279.3(d), (f). Disposition of Bodies - 49 Pa. Code § 13.184, 13.212. November 1997, as proposed. These amendments will require the prompt disposition of bodies, expressly prohibit the retention of a body because of a fee dispute and delete the 24 hour waiting period for cremations. The amendments are needed to ensure that funeral directors' services meet the wishes of the family. Legal authority: Section 16(a) of the Law, 63 P.S. § 479.16(a). State Board of Landscape Architects Continuing Education - 49 Pa. Code § 15.71-15.83. September 1996, as proposed. The amendments establish procedures and standards for continuing education as a condition of biennial renewal. The Board is required to adopt regulations establishing requirements of continuing education as a condition for renewal of a license under 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 Dorna Thorpe, [phone] State Board of Medicine Child Abuse Reporting
49 Pa. Code §§ 16.101-16.107. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise Board regulated practitioners of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Cindy Warner [phone]. Respiratory Care Practitioners - 49 Pa. Code, Chapter 18. February 1997, as final. These regulations were published as proposed rulemaking on February 24, 1996. The regulations define the process and procedures for persons who wish to become certified by the Board as respiratory care practitioners. Section 13a of the Medical Practice Act, 63 P.S. § 422.13a, enacted In 1993 requires the Board to establish standards and criteria for certification of respiratory care practitioners. Sexual Misconduct - 49 Pa. Code, Chapter 16. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures In regulating the profession. The Board has authority to adopt regulations necessary to carry out the act under Section 8 of the Medical Practice Act, 63 P.S. § 422.8. Complaint Process - 49 Pa. Code § 16.62. No publication anticipated In next six months. Regulations which now provide for recommendation by the Board prosecutor to the Board on the disposition of complaints will be deleted. The regulations were declared invalid In Lyness v. State Board of Medicine, 605 A.2d 1204 (1992). The Board has authority to repeal these regulations under Section 8 of the Medical Practice Act of 1985, Act of December 20, 1985, P.L. 457, as amended, 63 P.S. § 422.8. Certified Registered Nurse Practitioners (CRNPs)
49 Pa. Code § 18.21. No publication anticipated in next six months. The Board intends to collaborate with the State Board of Nursing to jointly promulgate standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Provide for prescriptive authority of the CRNP in the Commonwealth under Section 15 of the Medical Practice Act, 63 P.S. § 422.15. Cindy Warner [phone]. Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 18.41. Summer 1997, as proposed. This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Nurse Board under Section 15(b) of the Medical Practice Act, 63 P.S. § 422.15(b). Sympathomimetic Amines - 49 Pa. Code § 16.96. No publication anticipated in next six months. The regulations regulate the prescription, administration and dispensing of sympathomimetic amines by medical doctors. Existing regulations were sunsetted January 17, 1992. The Board intends to continue the regulations under the authority of Sections 8 and 41(8)(ii) of the Medical Practice Act, 63 P.S. §§ 422.8 and 422.41(8)(ii). State Board of Vehicle Manufacturers, Dealers and Salespersons General Provisions, Licensure, Facility requirements
49 Pa. Code §§ 19.1-19.23 December 1997, as proposed. The Board intends to revise all of its regulations to delete outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to changes in the 1996 amendments to the Board of Vehicles Act or conform to industry standards. The Board has authority to promulgate regulations under Section 4(9) of the Board of Vehicles Act, Act of December 22, 1983, as amended, 63 P.S. § 818.4(9). Teresa Woodall [phone] State Board of Nursing Child Abuse Reporting
49 Pa. Code §§ 21.501-21.507. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise RNs, LPNs, and CRNPs of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311, make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Ann Steffanic [phone] Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP)
49 Pa. Code § 21.271. Summer 1997, as proposed. This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations authorized under Section 6.1 of the Professional Nursing Law, 63 P.S. § 216.1, will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Medical Board under Section 2(1) of the Law, 63 P.S. § 212(1).

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RN general revisions
49 Pa. Code §§ 21.1 - 21.126. Summer 1997, as proposed. These regulations will update or delete outdated provisions pertaining to registered nurses. It would also 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). LPN general revisions
49 Pa. Code §§ 21.141 - 21.234. Spring 1998, as proposed. These regulations will update or delete outdated provisions pertaining to licensed practical nurses. It would also 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. Ann Steffanic [phone] CRNP prescriptive privileges
49 Pa. Code §§ 21.151 - 21.351. Summer 1997, as proposed. These regulations, to be promulgated by both the State Board of Medicine and the State Board of Nursing, would authorize CRNPs to prescribe medications in cooperation with a licensed physician. These regulations, authorized under Section 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, will clarify and update current, ambiguous provisions regarding CRNP's prescriptive authority. Delegation
49 Pa. Code § 21.14 and 21.18. Summer 1998, as proposed. The Board plans to develop amendments permitting registered nurses to delegate administration of medications and other functions to unlicensed assistive personnel. These regulations, authorized under Section 2.1(k) of the Professional Nursing Law, 63 P.S. § 212.1(k), will promote the delivery of health care by establishing parameters under which nurses may safely allow assistants to administer medications. Sexual Misconduct 49 Pa. Code §§ 21.18 and 21.148. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures in regulating the profession. 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). State Board of Optometry Child Abuse Reporting
49 Pa. Code §§ 23.1; 23.111-23.116. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise optometrists of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Deborah Orwan [phone] Sexual Misconduct
49 Pa. Code Chapter 23. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures in regulating the profession. The Board has authority to adopt regulations necessary to carry out the act under Section 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P.L. 197, as amended, 63 P.S. § 244.3(a)(14). General Revisions
49 Pa. Code Chapter 23 June 1997, as proposed. The Board proposes to revise regulations concerning fee sharing, corporate and fictitious name practice, specialty advertising and reciprocity. The Board intends to remove regulations which unduly burden optometrist in the business structure of practices and in procedures related to reciprocal licensure, as well as to clarify the parameters of specialty advertising; Statutory authority: Section 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P.L. 197, as amended, 63 P.S. § 244.3(a)(14). State Board of Osteopathic Medicine Child Abuse Reporting
49 Pa. Code §§ 25.401; 25.411-25.416 September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise osteopathic physicians, physician assistants and certified respiratory care therapists of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Gina Bittner
[phone] Respiratory Care Practitioners
49 Pa. Code §§ 25.292-25.295 September 1996, as final. The final regulations will provide for the process and procedures for applicants for registration as certified respiratory care practitioners. Sections 10.1(c) and 10.2 of the Osteopathic Medical Practice Act (OMPA), 63 P.S. §§ 271.10a(c) and 271.10(b), require the Board to issue certificates and temporary permits to individuals meeting the qualifications set forth in the OMPA to practice or offer to practice respiratory care in the Commonwealth. Section 10.1(c) also authorizes the Board to establish procedures for application, credentials verification, examination, certification and fees. These regulations establish the procedures. Renewal Fees
49 Pa. Code § 25.231. September 1996, as final. The Board will adopt final regulations which establish a new biennial fee commencing with the November, 1996-98 renewal cycle. Section 13.1 of the OMPA, 63 P.S. § 271.13a requires the Board to fix fees by regulation to meet expenditures over a 2-year period and to increase fees to meet or exceed projected expenditures. The Board proposed an increase in fees to avoid a deficit beginning in FY 1997-98. Sexual Misconduct
49 Pa. Code, Chapter 25 January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures in regulating the profession. The Board has authority to adopt regulations necessary to carry out the act under Section 16 of the Osteopathic Medical Practice Act, 63 P.S. § 271.16. Gina Bittner
[phone] State Board of Pharmacy General Revisions
49 Pa. Code Chapter 27. January 1997, as final. The Board proposes to delete outdated and redundant regulations and to clarify language in others. The proposal is needed to eliminate outdated and redundant language, conform the regulations to reflect changes in state and federal law and clarify practice parameters and standards. Sections 3(f), 4(j), 6(k)(1) and (9) of the Pharmacy Act, Act of September 27,1 961, P.L. 1700, as amended, 63 P.S. §§ 390-3(f), 390-4(j), 390-6(k)(1) and 390-6(k)(9), authorize the promulgation of these amendments. W. Richard Marshman
(717) 783-715 Facsimile Machines
49 Pa. Code §§ 27.1 and 27.19. January, 1997, as final. The amendments would authorize pharmacists to accept prescriptions via facsimile transmissions. The amendment is designed to conform to Federal Drug Enforcement Administration amendments providing for transmission of controlled substance prescriptions between prescriber and dispenser via facsimile machine. The amendments are authorized under sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, Act of September 27, 1961, P.L. 1700, as amended, 63 P.S. §§ 390-4(j) and 390-6(k)(1) and (9). State Board of Podiatry Child Abuse Reporting
49 Pa. Code §§ 29.91-29.97. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise podiatrists of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Gina Bittner
[phone] Sexual Misconduct
49 Pa. Code, Chapter 29. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures in regulating the profession. The Board has authority to adopt regulations necessary to carry out the act under Section 16(a)(3) of the Podiatry Practice Act, Act of March 2, 1956, P.L. (1955) 1206, 63 P.S. § 42.16(a)(3). State Board of Veterinary Medicine General Information
49 Pa. Code §§ 31.3, 31.11-31.13, 31.15 and 31.16. September 1996, as final. These final form regulations provided procedures for applicants for examinations, temporary permits, licensure renewal, continuing education and approved providers of continuing education courses. The regulations provide necessary guidance to applicants and licensees. Section 5(1) of the Veterinary Medical Practice Act, Act of December 27, 1974, P.L. 995, as amended, 63 P.S. § 485.5(1). Robert Kline
[phone] Veterinary establishments & mobile clinics, Rules of Professional Conduct
49 Pa. Code §§ 31.1, 31.21, 31.25, and 31.26. Summer 1996, as final. These final form regulations establish minimum standards for veterinary establishments and mobile clinics, and rules of professional conduct for veterinarians to address the veterinarian/ client/patient relationship. The regulations establish minimum standards for animal hospitals and clinics, mobile clinics and use of drugs as an ethical principle. Legal authority is Section 5(1), (2), 63 P.S. §§ 485.5(1) and (2). Rules of Professional Conduct
49 Pa. Code § 31.21. Winter 1997, as proposed. The proposal would regulate advertising emergency services and requirements to terminate the veterinarian/client relationship. The Board is authorized to establish standards of professional conduct under Section 5(2) of the Act, 63 P.S. § 485.5(2). State Board of Dentistry Child Abuse Reporting
49 Pa. Code §§ 33.1; 33.250-33.255. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise Board regulated practitioners of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). June Barner
[phone] Fees
49 Pa. Code § 33.3. Winter 1997, as proposed. The regulations will establish temporary and certification fees for expanded function dental assistants (EFDAs) and increase application fees for dentists and dental hygienists. The Dental Law requires the Board to issue temporary permits and certificates for EFDAs and collect a fee for those documents, 63 P.S. §§ 122(d.1) and 130h. In addition, the Law requires the Board to collect the costs associated with the review of applications. Sexual misconduct
49 Pa. Code, Chapter 33. Winter, 1997, as proposed. The regulation removes Section 33.211(5) of the regulations from the unprofessional conduct section and will establish a separate provision relating to sexual misconduct. Reports of sexual misconduct by health care practitioners are on the rise. This regulation will provide licensees with guidance in this area, as authorized under Section 3(o) of the Dental Law, Act of May 1, 1933, P.L. as amended, 63 P.S. § 122(o). Advertising
49 Pa. Code § 33.203(b)(4). Summer/Fall, 1997, as proposed. The regulation will add a provision to the advertising regulations regarding the advertising of dental referral services. Section 4.1(a)(10) of the Dental Law prohibits false, misleading or deceptive advertising. The Board believes that the failure to advise patients that a dentist pays a fee for participation in a dental referral service falls within that prohibition and should be included in Section 33.203(b) of the regulations. June Barner
[phone] Expanded Function Dental Assistants
49 Pa. Code, Chapter 33. 1997, as proposed. The regulations will add EFDAs to the appropriate sections of the dental regulations including general provisions and minimum standards of conduct and practice. In December 1994, the Dental Law was amended to authorize the certification of expanded function dental assistants (EFDAs). As a result, many provisions need to be amended to add EFDAs. State Real Estate Commission Cemetery Companies and Cemeteries
49 Pa. Code §§ 35.401-35.403. Winter 1997, as proposed. These regulations would impose responsibilities on cemetery companies to account for funds and maintain cemetery property. The Commission currently has no regulations that apprise cemetery companies of how the Commission interprets their duties and obligations under 9 Pa. C.S. § 101 et seq. (relating to burial grounds) and the Real Estate Licensing and Registration Act, 63 P.S. § 455.101 et seq. The Commission's proposal would establish minimum standards for a cemetery company's operation of a cemetery; would identify permissible uses of income from a cemetery company's permanent lot care fund; and would clarify the Commission's authority to take disciplinary action against a cemetery company that behaves incompetently, dishonestly or in bad faith with regard to any aspect of a cemetery's operation. Statutory Authority: 63 P.S. § 455.404; 9 Pa. C.S. § 312. Melissa Wilson [phone] Disclosure to Buyer/Seller at Initial Interview
49 Pa. Code § 35.284. Winter 1997, as proposed. These regulations state disclosures the real estate licensee must make to potential clients. The Commission's proposal fulfills a legislative mandate in the Real Estate Licensing and Registration Act at 63 P.S. § 455.608 that requires the Commission to develop regulations setting forth the manner and method by which a real estate licensee makes required disclosures about agency and other matters to a prospective buyer or prospective seller at the initial interview. Statutory Authority: 63 P.S. §§ 455.404 and 455.608. State Board of Certified Real Estate Appraisers Definitions
49 Pa. Code § 36.1. Winter 1997, as proposed. The Board plans to define the term ''evaluation''. The regulations will parallel the meaning of the term as used by institutions regulated by and under the rules and published guidelines of the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRS), the Federal Deposit Insurance Corporation (FDIC) and the Office of Thrift Supervision (OTS); Statutory authority: 63 P.S. § 457.5(2). Shirley Klinger [phone] Fees
49 Pa. Code § 36.6. Summer 1996, as proposed. A proposal which would delete the existing reapplication fee of $35. Under a new application review process (also under development), the fee is no longer applicable; Statutory authority: 63 P.S. § 458.3. Residential real estate appraiser/ General real estate appraiser
49 Pa. Code §§ 36.11 and 36.12. Winter 1997, as proposed. A proposal which would add language to existing sections 36.11 and 36.12 to require certified real estate appraisers under whose supervision an applicant for certification gains appraisal experience, to cooperate with the applicant in submitting to the Board designated copies of appraisal reports in which the applicant participated and/or signed the appraisal report as an ''assistant to the certified real estate appraiser''. The amendment is intended to streamline the application process; Statutory authority: 63 P.S. §§ 457.5(1) and (2). Experience Options
49 Pa. Code §§ 36.13. Winter 1997, as proposed. The proposal would identify acceptable certification of experience, application processes and supervisor duties for applicants for licensure. The amendment is intended to streamline the application process; Statutory authority: 63 P.S. § 457.5(2). Scope of Practice/Definitions
49 Pa. Code §§ 36.201, 36.202. Summer 1996, as proposed. Currently under development is a regulation which adds a scope of practice section for certified Pennsylvania evaluators and defines ''ad valorem taxation purposes'' and ''real estate tax assessment,'' within the context of the Assessors Certification Act, 63 P.S. §§ 458.2 and 458.8(a). The regulation is necessary to clarify that assessors and evaluation company personnel who receive certification from the Board as Pennsylvania evaluators may perform appraisals of real property only in limited circumstances, i.e., tax assessment/governmental purposes. Statutory authority: 63 P.S. § 458.3. Shirley Klinger [phone] Application Process
49 Pa. Code § 36.203. Summer 1996, as proposed. Currently under development is a regulation which clarifies how long an approved application for the certified Pennsylvania evaluator examination is valid, and how long an applicant (whose application has been disapproved) has to correct the deficiencies. The regulation is proposed under 63 P.S. § 458.3. Standards of Professional Conduct
49 Pa. Code § 36.281. Fall, 1996, as proposed.. Currently under development is a regulation which sets forth the Standards of Professional Conduct for Certification for certified Pennsylvania evaluators practicing in the Commonwealth. The regulation is necessitated by section 7(a)(6) of the Assessors Certification Act which empowers the Board to discipline certificate holders who violate any of the standards of professional conduct for real property assessment as adopted by the Board by regulation. Statutory authority: 63 P.S. §§ 458.3 and 458.7(a)(6). State Registration Board for Professional Engineers, Land Surveyors and Geologists General Revisions
49 Pa. Code §§ 37.1, 37.18, 37.36-37.37, 37.58-37.59, 37.81-37.83. Fall 1996, as proposed. The regulations add provisions regarding geology and the licensure of geologists to the Board's existing regulations governing engineers and land surveyors. On December 16, 1992, the Engineer, Land Surveyor and Geologist Registration Law was amended to add the licensure of geologists. The proposed regulations will make similar additions to the regulations in accordance with the Engineer, Land Surveyor and Geologist Registration Law under Section 4(e), 63 P.S. § 151(e). Shirley Klinger [phone] State Board of Examiners of Nursing Home Administrators Experience and Education requirements
49 Pa. Code § 39.5. 1997, as proposed. The regulation will amend and clarify education and experience requirements for licensure. Section 6 of the Nursing Home Administrators Law, 63 P.S. § 1106, specifies the qualifications for admission to examination. The education and experience regulations at Section 39.5 have not been reviewed or clarified since 1991. The amendments will remove outdated and confusing provisions. Cheryl Lyne
[phone] Temporary Permits
49 Pa. Code § 39.17. 1997, as proposed. The regulation will amend and clarify the requirements for temporary permits. Section 14 of the Nursing Home Administrators Law, 63 P.S. § 1114, authorizes the Board to issue temporary permits. The revisions will update and clarify the existing statement of policy. General Revisions
49 Pa. Code §§ 39.1-39.91. 1997, as proposed. These regulations will amend, update and delete outdated provisions in areas including definitions, subject matter for examinations, approval of programs of study, licensure renewal. The Board's regulations have not been reviewed or updated since 1992. These revisions will update, clarify and delete outdated and unnecessary provisions as authorized under Sections 4 and 9 of the Law, 63 P.S. §§ 1104 and 1109. State Board of Physical Therapy Child Abuse Reporting
49 Pa. Code §§ 40.201-40.207. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise physical therapists, physical therapist assistants or certified athletic trainers of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Robert Kline
[phone] Physical Therapists
49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21-40.24. Fall 1996, 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). Athletic Trainers
49 Pa. Code §§ 40.72, 40.75, 40.81-40.84, 40.86 40.87, 40.88, 40.101 and 40.102. Summer 1996, as final. Regulations define athletic trainers in relation to athletes, cease issuing new Class B. certificates and require the completion of a Board-approved educational program which is accredited by a nationally recognized accrediting agency for athletic training. The proposal is authorized under Sections 3(a) and 10.2 of the Physical Therapy Practice Act, 63 P.S. §§ 1303(a) and 1310.2. Physical Therapist Examination Fees
49 Pa. Code § 40.5. Summer 1996, as final. Regulations would increase the examination fee by $15. The increase is attributable to the adoption of computer based testing. The regulations are authorized under Section 8 of the Physical Therapy Practice Act, 63 P.S. § 1308. Sexual misconduct
49 Pa. Code, Chapter 40. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures in regulating the profession. 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 Psychology

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Private practice by certified school psychologists
49 Pa. Code § 41.56. Winter 1997, as proposed. This regulation governs the conditions under which school psychologists may engage in private practice. The Board plans to define the term ''employed'' within the context of Chapter 41; Statutory authority: 63 P.S. § 1203.2(2). Definitions
49 Pa. Code § 41.1. Winter 1997, as proposed. The regulations would update terms to reflect current accreditation entities. The term ''Accredited college or university'' should be amended to reflect the new name for the ''Council on Postsecondary Accreditation (COPA)'' which is the ''Commission on Recognition of Postsecondary Accreditation (CORPA);'' Statutory authority: 63 P.S. § 1203.2(2). Postdoctoral Experience
49 Pa. Code § 41.31(c)(1)(ii)(E). Winter 1997, as proposed. The regulation establishes necessary experience for licensure. The Board plans to clarify its intent that an individual working two jobs need only meet with his/her respective supervisors one hour per week to satisfy the two hours/week requirement of this paragraph; Statutory authority: 63 P.S. § 1203.2(2). Licensure of master's degree candidates - 49 Pa. Code § 41.54. Winter 1997 as proposed. This regulation pertains to licenses issued prior to January 1, 1996. The Board plans to repeal this section, since the Board no longer issues licenses to Master's degree candidates; Statutory authority: 63 P.S. § 1203.2(2). Professional records
49 Pa. Code § 41.57. Winter 1997 as proposed. This regulation establishes minimum requirements for records which psychologists must maintain. The Board plans to add language to its existing regulation to address a psychologist's responsibility to release information to clients and to charge for reasonable costs of copying; Statutory authority: 63 P.S. § 1203.2(2). Cheryl Lyne
[phone] Standards for the employment and supervision of unlicensed persons with graduate training in psychology
49 Pa. Code § 41.58(9). Winter 1997, as proposed. The regulations establish minimum levels of supervision of unlicensed persons who provide psychological services under the direction of a licensed psychologist. The Board wishes to clarify the meaning of this regulation so that it is not misinterpreted in an overly restricted fashion; Statutory authority: 63 P.S. § 1203.2(2). Continuing education
49 Pa. Code § 41.59. Winter 1996, as proposed. These regulations establish criteria and requirements of minimum continuing education hours for biennial license renewal. The Board is currently proposing amendments to its continuing education regulations to give psychologists more flexibility in their choice of continuing education programs and to expand the opportunities for meeting the requisite contact hours for continuing education credit; Statutory authority: 63 P.S. § 1203.2(2). Code of ethics
49 Pa. Code § 41.61. January 1997, as proposed. The Board plans a comprehensive amendment to its Code of Ethics in order to bring the Code up to date with the American Psychological Association's Ethical Standards. The Board is required to adopt regulations regarding standards of professional practice and a code of ethics under Section 3.2 of the Psychology Practice Act, Act of March 23, 1972, as amended, 63 P.S. § 1203(2). State Board of Occupational Therapy Education and Licensure Child Abuse Reporting
49 Pa. Code §§ 42.41-42.47. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise occupational therapists or occupational therapist assistants of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Clara Flinchum [phone] Commissioner of Professional and Occupational Affairs Schedule of Civil Penalties
Act 48 - 49 Pa. Code §§ 43.1-43.11. Must be published by 10-21-97. To adopt a schedule of civil penalties, guidelines for their imposition and procedures for appeal for persons operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit. Commissioner is required to promulgate regulations setting forth a schedule of penalties, guides and procedures. Schedule adopted applies to the conduct or operation of a business or facility licensed by a licensing board of the Bureau. Gerard Mackarevich
[phone] State Board of Examiners in Speech-Language and Hearing Child Abuse Reporting
49 Pa. Code §§ 45.401-45.407. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise licensees of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Clara Flinchum 783-7156 State Board of Social Work Examiners Child Abuse Reporting
49 Pa. Code §§ 47.51-47.57. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise licensed social workers of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Clara Flinchum [phone] Unprofessional Conduct
49 Pa. Code § 40.51. Proposed Annex drafted and adopted. Public comment required under Executive Order 1996-1. The Board has authority to adopt regulations establishing standards of professional practice and conduct under Section 6(2) of the Social Workers' Practice Act, Act of July 9, 1987, P.L. 220, 63 P.S. § 1906(2). Sexual Misconduct
49 Pa. Code Chapter 47. P.S. § 1906(2). January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures in regulating the profession. The Board has authority to adopt regulations establishing standards of professional practice and conduct under Section 6(2) of the Social Workers' Practice Act, Act of July 9, 1987, P.L. 220, 63 STATE POLICE Firearm Regulations
Standards for licensed retail dealers
Chapter 31 September 1996, as proposed. The provisions of this chapter will 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 will apply to all licensed retail dealers and their designated employees. Corporal Albert Picca 717-783-5598 Procedures & Specifications for firearm record forms
Chapter 33 September 1996, as proposed. The State Police will promulgate rules and regulations, and in the manner provided by law, the responsibility to administer and enforce these rules and regulations, and the provisions of the Uniform Firearms Act in order to ensure the identity, confidentiality, and security of all records and data pursuant thereto.- Procedures for the receipt and processing of DNA samples for the state DNA database.
Chapter 58 September 1996, as proposed. This chapter will set forth policy and procedures for the collection, submission, preservation, analysis, and dissemination of information or records relating to DNA samples from individuals convicted of a felony sex or other specified offenses. Corporal Albert Picca 717-783-5598 TRANSPORTATION Emission Inspection Program
Chapter 177 December 1996, as proposed. Amendments needed to implement enhanced decentralized emission inspection program. Peter Gertz
[phone] Enhanced Emission Inspection
Chapter 178 December 1996, as proposed Repeal needed. Will be replaced by Chapter 177. Peter Gertz
[phone] Temporary Registration Cards and Plates
Chapter 43 February 1997, as proposed. Proposed amendments based on concerns identified by Dealer Industry/Department efforts. Revises sanctioning requirements for Dealers, making sanctions more equitable. Linley Oberman [phone] Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates
Chapter 53 February 1997, as proposed. Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Linley Oberman [phone] School Buses and School Vehicles
Chapter 171 August 1996, as proposed. Reflects revisions Coalition of States agreed to adopt based on Federal recommendations Carol Freeland [phone] Vehicle Equipment and Inspection
Chapter 175 December 1996, as proposed. Amendments are required due to changes in PA Vehicle Code and Federal equipment regulations. John Munafo
[phone] Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers
Chapter 83 June 1997, as proposed. Creates waivers for drivers, with medical conditions, which pose no significant danger to driving. Under current regulations drivers with these conditions would have license recalled. Allows drivers to maintain mobility. Adds low vision requirements making additional drivers eligible for licensure. Anne Titler
[phone] Liquid Fuels Tax
Chapter 449 December 1996, as proposed. Due to changes in municipal codes and to ease requirements for municipalities to receive funds. Mitzi Westover [phone] School Bus Drivers
Chapter 71 June 1997, as proposed. Creates waivers for school bus drivers, with medical conditions, which pose no significant danger to driving. Under current regulations drivers with these conditions would have license recalled. Anne Titler
[phone] Mechanical, Electrical and Electronic Speed-Timing Devices
Chapter 105 July 1996, as proposed. Amendments reflect updates (periodically required) to ensure speed timing devices used by law enforcement officials conform to State and Federal requirements. Mary Sheriff
[phone] Work Zone Traffic Control Devices
Modify Chapter 203 June 22, 1996, as final omitted. In an effort to allow more flexibility, revise the existing regulation to comply with a recent change in the Federal Highway Administration's Manual on Uniform Traffic Control Devices which now allows the use of the horizontal ''bar'' caution mode in addition to the four-corner caution mode. R. J. Sesny, P.E., [phone] Official Traffic Control Devices
Chapter 211 January 1997, as proposed. The Federal Highway Administration maintains a Manual on Uniform Traffic Control Devices (MUTCD) for all states to follow. Section 6121 of Pennsylvania's Vehicle Code also mandates the Department to publish a manual consistent with the Vehicle Code and conforming to the MUTCD. The Department is planning to adopt the MUTCD by regulation, adding to and deleting from the federal manual as necessary to meet specific legal requirements and unique Pennsylvania needs. The new regulation would probably be called Chapter 211, and would replace current Chapters 201, 203 and 211 of Title 67 of the Pa. Code. The Department also anticipates publishing several non-regulatory public documents conforming to the federal manual as modified by regulation to provide additional guidance for engineering and traffic studies, work zone traffic control, official traffic signs, pavement markings, traffic signals, etc. A. H. Breneman, [phone] Access to and Occupancy of Highways by Driveways and Local Roads
Chapter 441 Fall 1996, as proposed. Make extensive changes in the existing regulation to allow structures and drainage pipes in the roadway, identify the proper minimum sight distance, provide guidance on the preparation of impact studies for major developments, expand requirements for indemnification, and establish a written appeal process. W. L. Knerr
[phone] 

[Pa.B. Doc. No. 96-1102. Filed for public inspection July 5, 1996, 9:00 a.m.]