1182 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[46 Pa.B. 3702]
[Saturday, July 9, 2016]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Office of Administration (OA)
No regulations being developed or considered at this time.
Department of Aging
Older Adult Daily Living Centers 6 Pa. Code Chapter 11	Fall 2016, as Proposed	The purpose of 6 Pa. Code Chapter 11 is to protect the health, safety, and well-being of persons with functional impairments for the licensure and operation of Older Adult Daily Living Centers (OADLC). These regulations—the statutory authority for which is found in Act 118 of 1990 and in 62 P.S., Chapter 2 § 1511—were adopted on July 2, 1993 and effective October 12, 1993. The Pennsylvania Department of Aging is responsible for the enforcement of these regulations. OADLC services provide a structured program of services to clients who require the service along with valuable respite to caregivers. The proposed rulemaking would update the existing regulatory language to address changes in other statutes, regulations, codes, ordinances, and other professional standards and practices, along with addressing the increasing frailty of clients served in OADLC.	Kevin Longenecker [phone]
Pennsylvania Community Adult Respite Services Program Act 166 of 2014	Fall 2016, as Proposed	Act 166 of 2014 (P.L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments. The Department has 1 year from the Act's effective date to promulgate guidance (such as regulations or statements of policy) governing these programs, which intended to provide community adult respite to eligible persons for part of a 24 hour day, filling a niche between senior centers and older adult daily living centers.	Kevin Longenecker [phone]
Family Caregiver Support Program 6 Pa. Code Chapter 20	Fall/Winter 2016, as Proposed	Section 4(b)(1)(2) of the Pennsylvania Caregiver Support Act of December 19, 1990 (P.L. 1234, No. 204) authorizes the Department of Aging to develop operating procedures and guidelines to provide benefits set forth in the act to contracted area agencies on aging, and to develop eligibility criteria for primary caregivers to receive assistance pursuant to the act. Providing support enables caregivers to continue to provide care in the home and the care receiver to remain at home, rather than out of home placement. On December 22, 2011, the Act was amended to further provide for intent, for definitions, for caregiver support program, for reimbursements, and for entitlement not created. The proposed changes to Chapter 20—which became effective in July 1992 and was last revised in 2007—will: (a) align the regulations with the 2011 Act amendments; (b) provide guidelines to area agencies on aging in administering the program to eligible caregivers; (c) address the lack of statewide uniformity for the Program; and (d) address the current and future needs of the caregiver.	Steve Horner [phone]
Department of Agriculture
Domestic Animal 7 Pa. Code Chapters 2, 3, 16, 18 and 20a	December 2017, as Proposed	The long-term project is intended to update the Department's Regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389).	David Wolfgang, DVM, Director [phone]
Weights and Measures Regulations 70 Pa. Code Chapters 1—101	September 2016, as Proposed	This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. The Department may delay this project to pursue statutory changes before proceeding.	Walt Remmert [phone]
Commercial Feed Rules and Regulations 7 Pa. Code Chapter 71	October 2016, as Proposed	This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).	Erin Bubb [phone]
Pet Food Rules and Regulations 7 Pa. Code Chapter 72	October 2016, as Proposed	This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).	Erin Bubb [phone]
Agriculture Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	August 2016, as Proposed	This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations.	Douglas Wolfgang [phone]
Pennsylvania Preferred Program Regulations 7 Pa. Code Chapter 107	August 2016, as Proposed	This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S.A §§ 4601—4611).	Hannah Smith- Brubaker [phone]
Tuberculosis and Brucellosis Testing Requirements for Animals 7 Pa. Code Chapters 3, 5 and 7	November 2016, as Proposed	This regulation will rescind outdated and unnecessary tuberculosis and brucellosis testing requirements relating to animals.	David Wolfgang, DVM, Director [phone]
Pennsylvania Vegetable Marketing Program 7 Pa. Code Chapter 104	July 2016, as Proposed	This regulation will update and simplify the process by which the Pennsylvania Vegetable Marketing Program collects ''producer charges'' to fund its marketing and research efforts from participating Pennsylvania vegetable producers.	William Troxell [phone]
Rabies Prevention and Control 7 Pa. Code Chapter 16	October 2016, as Proposed	The regulation will update current regulations to reflect statutory changes and otherwise update the current regulations.	Nanette Hanshaw, DVM [phone]
Domestic Animal Technicians 7 Pa. Code Chapter 20a	October 2016, as Proposed	This regulation will implement a provision of the Domestic Animal Law, addressing certification, training and recordkeeping requirements for Domestic Animal Technicians.	Nanette Hanshaw, DVM [phone]
Department of Banking and Securities (DOBS)
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972	Summer 2016, as Proposed	Required pursuant to 70 P.S. § 1-609.	Leo Pandeladis [phone]
Department of Community and Economic Development (DCED)
Minority Business Development Authority 12 Pa. Code Chapter 81 (#4-98)	Spring of 2016, as Proposed	Proposed changes to the Minority Business Development Authority regulations seek to eliminate those sections of the existing regulations which impede the Pennsylvania Minority Business Development Authority's ability to be flexible and responsive to its target market by easing loan program requirements, such as requiring loan recipients to commit to ''full-time'' management of the company, and allowing more flexibility in setting loan amount caps, interest rates, job creation criteria, etc. The regulations were originally submitted on November 5, 2014 as Final-Omitted Regulations. The Final-Omitted Regulations were withdrawn and were submitted as Proposed Regulations. The Proposed Regulations were approved by the Office of General Counsel on April 26, 2016, and by the Office of Attorney General on May 12, 2016. They will now be submitted to the standing committees in the House and Senate and to IRRC.	Timothy Anstine [phone]
Industrial Housing and Components 12 Pa. Code Chapter 145 (#4-95)	Summer 2016, as Final	Proposed changes to the Industrial Housing and Components regulations have gone through the proposed regulatory process and final regulations were submitted to OGC on February 1, 2016. The changes seek to bring the regulations into compliance with a recent amendment to the Industrialized Housing Act, which extended the current standards and procedures to include commercial buildings, and to further strengthen and clarify the Department's role in monitoring the production and installation of industrialized housing in the Commonwealth.	Mark A. Conte [phone]
Local Earned Income Tax (Act 32 of 2008 Regulations) 12 Pa. Code Chapter 151 (#4-97)	Fall 2016, as Proposed	The proposed regulation interprets and makes specific the provisions of the Local Tax Enabling Act, as provided in Chapter 5 of the act (53 P.S. § 6924.501 et seq.). The proposed regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth. The proposed regulations were approved by the Office of General Counsel on May 17, 2016 and are currently under review with the Office of Attorney General.	Lori Irwin [phone]
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants 17 Pa. Code Chapter 4	June 2016, as Proposed	The purpose of the rulemaking is to update the department's listing of Pennsylvania's classified plant species. The legal basis for the rulemaking is: Section 7 of the Wild Resource Conservation Act (32 P.S. § 5307); as well as Sections 305 and 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.305 and § 1340.313).	Ellen Shultzbarger [phone] Stephen Ekema-Agbaw, Esq. [phone]
Department of Corrections (DOC)
Reception and Discharge of Inmates 37 Pa. Code § 91.3	Fall 2016, as Proposed	The county reception regulations are being revised to be consistent with statutory law mandating that certain documentation be presented by the counties before inmate reception can occur.	Elizabeth Pettis [phone]
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2016, as Proposed	The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards.	Elizabeth Pettis [phone]
Purchase for Inmates by Family and Friends 37 Pa. Code § 93.4	Fall 2016, as Proposed	Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards.	Elizabeth Pettis [phone]
Motivational Boot Camps 37 Pa. Code §§ 93.301—93.308	Fall 2016, as Proposed	The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates.	Elizabeth Pettis [phone]
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2016, as Proposed	Revise and/or repeal regulations regarding inmate correspondence to align with more robust internal policies that have been developed, and where necessary reconcile any such policies and regulations that may conflict with one another.	Elizabeth Pettis [phone]
Inmate Discipline 37 Pa. Code § 93.10	Fall 2016, as Proposed	Revise and/or repeal regulations regarding inmate discipline to align with more robust internal policies that have been developed, and where necessary reconcile any such policies and regulations that may conflict with one another.	Elizabeth Pettis [phone]
County Correctional Institutions 37 Pa. Code §§ 95.220—95.248	Fall 2016, as Proposed	The Department will undertake a review of existing regulations related to county correctional institutions, with the goal of updating them and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify these regulations.	Elizabeth Pettis [phone]
Department of Drug and Alcohol Programs (DDAP)
Standards for Licensure of Treatment Facilities 28 Pa. Code Chapter 709 (#74-3)	Fall 2016, as Proposed	The regulation will be revised to enlarge the amount of time between inspections for the free standing drug and alcohol facilities that, for the last two years, have not had any citations in four critical areas (conduct or omissions that jeopardized the safety of any persons, compromised the quality of treatment provided, violated a client's confidentiality rights or resulted in treatment being provided without informed consent) and have reasonably and timely taken any remedial measure requested by the Department. Act 50 of 2010 authorizes DDAP to modify existing drug and alcohol regulations.	Tawny Mummah [phone]
Department of Education (PDE)
State Board of Private Licensed Schools 22 Pa. Code Chapter 73 (#6-334)	Summer 2016, as Final	These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The Board plans to update the regulations which were promulgated in 1988 to raise fees to meet statutory obligations to cover all Board costs through fees. These regulations are promulgated under the authority of the Private Licensed Schools Act— 24 P.S. § 6510(a).	Patricia Landis [phone]
State Board of Private Licensed Schools 22 Pa. Code Chapter 73	Winter 2016, as Final	These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act— 24 P.S. § 6514.	Patricia Landis [phone]
Department of Education	Summer 2016, as Final Omitted	These new regulations will implement Act 35 of 2016 to establish fees to support the administrative work of the Department in joining a regional education compact, participating in the State Authorization Reciprocity Agreement (SARA) and registering and monitoring Pennsylvania institutions of higher education that seek to participate in SARA.	Patricia Landis [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 59, 61 and 63	Spring 2017, as Proposed	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P.S. § 6701 et. seq.).	Matthew Stem [phone]
State Board of Education 22 Pa. Code Chapter 18 (#6-329)	Summer 2016, as Final	These regulations address criteria the Secretary of Education may consider in determining whether to designate a school district in financial recovery status and in determining whether a district is in moderate or severe recovery status. The regulations are promulgated under the authority of the Public School Code of 1949, as amended, 24 P.S. § 621-A(A)(2)(I).	Karen Molchanow [phone]
State Board of Education 22 Pa. Code Chapters 12, 14, 16 and 49 (#6-333)	Summer 2016, as Final-Omitted	This regulation includes minor technical amendments to five existing sections in four chapters. It is necessary to rectify inconsistencies between these five sections and recent changes by the Board to Chapter 4. The regulation is promulgated under the authority of the Public School Code of 1949, as amended 24 P.S. §§ 1-121, 26-2603-B, 26-2604-B.	Karen Molchanow [phone]
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapters A and C	Winter 2016, as Proposed	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376(c.9) and 1376.1(f5) of the Public School Code of 1949, 24 P.S. §§ 13-1376(c.8) and 1376.1(f5).	Alaina Koltash [phone]
Regulations of the State Library and Advisory Council on Library Development 22 Pa. Code Chapters 131, 133, 135, 127, 141, 142 and 143	Winter 2017, as Proposed	The Department will be promulgating regulations under the authority of the Library Code of 2012, Act 210 of 2012, P.L. 2411. The Department plans to update the regulations (promulgated in 1962) in 2016. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, grants for public library facilities and State document depositories.	Glenn Miller [phone]
State Board of Education 22 Pa. Code Chapter 11	Winter 2016, as Final	These regulations concurrently address proposed regulatory changes of the Department of Health related to school immunization requirements. The proposed revisions would scale back the current period for provisional admission to school from eight months to five school days and ensure that provisions addressing the admission of non-immunized students are consistent with the immunization requirements set forth by the Department of Health. The regulation is promulgated under the authority of the Public School Code of 1949 (24 P.S. §§ 26-2603-B, 26-2604-B).	Karen Molchanow [phone]
State Board of Education 22 Pa. Code Chapter 405	Spring 2017, as Proposed	Amending the regulation to provide the Secretary of Education with waiver authority. These regulations are authorized under 24 P.S. § 15-1513-D(1) of the Public School Code.	Ernest Helling [phone]
Standards of the Pennsylvania Department of Education 22 Pa. Code Chapter 403	Spring 2017, as Proposed	Amending the current regulations to comply with the Every Student Succeeds Act, (Pub.L. 114-95). These regulations are authorized under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.S. § 26-2603-B(d)(10)(i)).	Samantha Snyder [phone]
Professional Standards & Practices Commission 22 Pa. Code Chapter 235	Winter 2016, as Proposed	This chapter sets forth the standards for professional practice and conduct applicable to educators. The Commission plans to update this chapter to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. § 2070.1a et seq.) and to endorse the Model Code of Ethics for Educators developed under the leadership of the National Association of State Directors of Teacher Education and Certification (NASDTEC). The regulation is promulgated under the authority of sections 5(a)(10) and 5(a)(14) of the Educator Discipline Act (24 P.S. § 2070.5(a)(10) and § 2070.5(a)(14)).	Shane Crosby [phone]
Professional Standards & Practices Commission 22 Pa. Code Chapter 237, Subchapter A	Winter 2016, as Final Omitted	This subchapter contains definitions of statutory terms, which the Commission plans to update to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. § 2070.1a et seq.). The regulation is promulgated under the authority of sections 5(a)(14) and 9c(b) of the Educator Discipline Act (24 P.S. § 2070.5(a)(14) and § 2070.9c(b)).	Shane Crosby [phone]
Department of Education	Spring 2017, as Proposed	These regulations will address the possession and use of medical marijuana by students and employees on the grounds of a preschool, primary school and a secondary school. These regulations are promulgated under authority of the Medical Marijuana Act (2016 Pa. Laws 16).	Wallace Rejrat [phone]
Environmental Hearing Board (EHB)
Practice and Procedure 25 Pa. Code Chapter 1021 (#106-12)	Summer/Fall 2016, as Final	The Environmental Hearing Board proposed revisions to its rules which were published in the December 9, 2015 issue of the Pennsylvania Bulletin. The Environmental Hearing Board has proposed the following revisions to its rules of practice and procedure: (1) amend sec. 1021.21 to correct an omission in the prior rule and recognize that an appeal can be instituted by the filing of a notice of appeal or a complaint depending on the statute at issue; (2) add a comment to sec. 2010.21 to notify out of state attorneys that they are not subject to the IOLTA fee when they appear pro hac vice in a Board proceeding; (3) clarify rules in sec. 1021.32 pertaining to electronic filing registration to conform to the registration form that is provided on the Board's electronic filing site; (4) clarify language in sec. 1021.33 pertaining to service by the Board; (5) amend sec. 1021.34 to explain that the Board will only serve copies of orders by mail to parties who have been excused from electronic filing; (6) clarify language in sec. 1021.39 to clarify when the date and time of filing will appear by the electronic filing provider; (7) amend 1021.51 to explain what appellant must attach with its notice of appeal; (8) correct a typographical error in sec. 1021.52(b); (9) amend the title of sec 1021.103 to include notices to attend and notices to produce; (10) amend comment to sec 1021.141 to clarify that the Board makes the determination of a dismissal with or without prejudice on a case-by-case basis; (11) add sec 1021.153 to explain the procedure for filing an application for interlocutory appeal; and (12) amend sec. 1021.21 to correspond to appellate rules on filing petitions for review with the Commonwealth Court.	John Dixon, Assistant Counsel [phone] Maryanne Wesdock, Senior Counsel [phone]
Department of Environmental Protection (DEP)
Areas Unsuitable for Surface Mining 25 Pa. Code Chapter 86	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulation results from a petition submitted to the EQB by the Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations. (Surface Mining Conservation and Reclamation Act)	Geoff Lincoln [phone] [e-mail]
Remining Requirements (Subchapters F and G Revisions) 25 Pa. Code Chapters 87, 88 and 90	Quarter 3, 2016, IRRC Consideration, as Final	This rulemaking includes amendments to remining requirements in order to reflect changes enacted in EPA regulations. The rulemaking incorporates into the Pennsylvania regulations two statistical methods provided in the Federal regulations, eliminating the need to implement methods via individual permits, and providing flexibility regarding the choice of statistical method based on site-specific factors. The rulemaking further provides for remining at sites in which it is infeasible to establish pollution baselines. (Surface Mining Conservation and Reclamation Act)	Bill Allen [phone] [e-mail]
Noncoal Program Fee Amendments 25 Pa. Code Chapter 77	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking will increase fees in order to provide the funding for the Noncoal Mining Program, which implements the Noncoal Surface Mining and Conservation and Reclamation Act (NSMCRA). The rulemaking will provide more revenue in order to implement the NSMCRA, which requires operators to apply for and maintain active permits and licenses to mine noncoal minerals in Pennsylvania. In administering the noncoal mining program, DEP reviews and issues permits and conducts inspections to assure compliance with the permits and performance standards. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law)	Bill Allen [phone] [e-mail]
Coal Mining Fee Amendments 25 Pa. Code Chapter 86	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking will increase coal mining fees. Existing fees cover a small part of the costs of implementing the coal mining program. The coal mining program is paid, in part, by a grant from the Federal Office of Surface Mining. The proposed rulemaking is intended to cover a larger portion of the remaining costs. Proposed fee amounts will be updated to account for current costs for benefits, overhead, and support. (Surface Mining Conservation and Reclamation Act)	Bill Allen [phone] [e-mail]
Handling and Use of Explosives 25 Pa. Code Chapters 210 and 211	Quarter 4, 2016, EQB Consideration, as Final	This rulemaking revises current explosives regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate outdated requirements. (Explosives Acts of 1937 and 1957; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act)	Rick Lamkie [phone] [e-mail]
Federal Office of Surface Mining (OSM) Program Consistency Updates 25 Pa. Code Chapters 86, 89 and 90	Quarter 2, 2017, EQB Consideration, as Proposed	This rulemaking will include amendments to Chapter 86 in order to comply with Federal regulatory requirements, revisions to Chapter 89 effluent limits for passive treatment systems to comply with Federal regulations, and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. (Surface Mining Conservation and Reclamation Act)	Bill Allen [phone] [e-mail]
Underground Coal Mine Safety Sensitive Ground Fault 25 Pa. Code Chapter 208	Quarter 3, 2016, BCMS Consideration, as Proposed	This rulemaking includes revisions to Chapter 208 in order to enhance the safety of electrical cables in underground mines through the use of more sensitive ground fault protection. (Bituminous Coal Mine Safety Act)	Colvin ''Craig'' Carson [phone] [e-mail]
Underground Coal Mine Safety Proximity Detection Systems 25 Pa. Code Chapter 208	Quarter 3, 2016, BCMS Consideration, as Final	This rulemaking adds regulatory provisions to Chapter 208 relating to proximity detection systems. Currently in Pennsylvania, safety requirements involving the use of proximity detection systems on continuous mining machines at underground bituminous coal mines are implemented pursuant to recently published Federal Mine Safety and Health Administration regulations. As such, there is no State basis for enforcing these Federal regulations. This rulemaking addresses this gap in the State regulatory scheme and makes those Federal regulations independently enforceable by the Commonwealth. These requirements ensure that continuous mining machines at underground bituminous coal mines are safely operated and maintained in order to reduce the risk of accidents and injuries. (Bituminous Coal Mine Safety Act)	Colvin ''Craig'' Carson [phone] [e-mail]
Environmental Protection Performance Standards at Oil and Gas Well Sites 25 Pa. Code Chapters 78 and 78a, Subchapter C	Quarter 2, 2016, IRRC Approved as Final	This rulemaking includes amendments to the Oil and Gas regulations including separate chapters to differentiate the requirements for conventional (Chapter 78) and unconventional (Chapter 78a) operators and to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014)	Kurt Klapkowski [phone] [e-mail]
Well Drilling, Operation, and Plugging 25 Pa. Code Chapter 78, Subchapter D	Quarter 2, 2017, EQB Consideration, as Proposed	This rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells. (Oil and Gas Act, Clean Streams Law)	Kurt Klapkowski [phone] [e-mail]
Revised Total Coliform Rule 25 Pa. Code Chapter 109	Quarter 2, 2016, EQB Consideration, as Final	This rulemaking will amend Chapter 109 to incorporate necessary Federal requirements needed to obtain primary enforcement authority (primacy) for the Revised Total Coliform Rule (RTCR). (Pennsylvania Safe Drinking Water Act)	Jeff Allgyer [phone] [e-mail]
Disinfectant Residual Requirements Rule 25 Pa. Code Chapter 109	Quarter 4, 2016, EQB Consideration, as Final	This rulemaking amends Chapter 109 to revise the minimum disinfectant residual level maintained in public water distribution systems and the related monitoring and reporting requirements. This rulemaking will also clarify other existing provisions to obtain primacy for the Federal Long Term 2 Enhanced Surface Water Treatment Rule, Short-term Revisions to the Lead and Copper Rule, and the Stage 2 Disinfection Byproducts Rule. (Pennsylvania Safe Drinking Water Act)	Lisa Daniels/ Dawn Hissner [phone] [e-mail] [e-mail]
Safe Drinking Water General Update and Fee Amendments 25 Pa. Code Chapter 109	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking will amend Chapter 109 to strengthen turbidity standards for surface water filtration plants, update and clarify permitting requirements for new sources, and clarify source water protection requirements and other sections of Chapter 109. This rulemaking will also establish new annual fees and increase permit fees to supplement state costs for administering the Safe Drinking Water Program. (Pennsylvania Safe Drinking Water Act)	Lisa Daniels/ Phil Consonery [phone] [e-mail] [e-mail]
Nutrient Credit Trading and Offsetting Program 25 Pa. Code § 96.8	Quarter 2, 2017, EQB Consideration, as Proposed	This rulemaking will update Chapter 96.8 related to the implementation of a nutrient credit trading program to address United States Environmental Protection Agency (EPA) concerns, and streamline the current process for the certification, registration and verification of credits.	Sean Furjanic [phone] [e-mail]
Water Quality Standards—Class A Stream Redesignations 25 Pa. Code Chapter 93	Quarter 3, 2016, EQB Consideration, as Final	The amendments included in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC) under 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements). Section 93.4c(a)(1) pertains to the process for changing a designated use of a stream. In this proposal, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth. This review was conducted to ensure that the High Quality criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including High Quality stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act)	Rodney Kime [phone] [e-mail]
Water Quality Standards—Sobers Run et al., Stream Redesignations 25 Pa. Code Chapter 93	Quarter 1, 2017, EQB Consideration, as Final	This rulemaking contains waterbodies that are candidates for redesignation. Stream evaluations were conducted by DEP to determine the appropriate designated use of the candidate waterbodies. The streams in this proposed rulemaking were all evaluated in response to four petitions. Section 303(c)(1) of the Federal Clean Water Act requires states to periodically review and revise, as necessary, water quality standards. (Pennsylvania Clean Streams Law)	Rodney Kime [phone] [e-mail]
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—Statement of Policy 25 Pa. Code Chapters 93 and 16	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapter 93 and updates to Chapter 16 Statement of Policy to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. (40 CFR Section 131.20)	Tom Barron [phone] [e-mail]
Water Quality Management Fee Amendments 25 Pa. Code Chapter 91	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking proposes to amend fees related to water quality management permitting. Chapter 91 establishes, among other things, a water quality management (WQM) permitting program for the construction of sewage and industrial waste treatment facilities and for land application of sewage and industrial wastes. (Pennsylvania Clean Streams Law)	Sean Furjanic [phone] [e-mail]
NPDES Program Fee Amendments 25 Pa. Code Chapter 92a	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking proposes to amend the fee schedule for NPDES permit applications. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters (see 25 Pa. Code § 92a.26). In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits (see 25 Pa. Code § 92a.62). DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. DEP is required by 25 Pa. Code §§ 92a.26(h) and 92a.62(e) to provide a written review of the fees to the EQB at least once every three years. On February 18, 2014 DEP's Office of Water Management presented a Chapter 92a fee analysis to the EQB. The analysis highlighted that despite the fee increase in 2010, revenue continues to fall well short of expenses, and nearly $10 million per year is being drawn from DEP's General Fund to carry out the following program activities administered by DEP's Bureau of Clean Water (BCW) and implemented by DEP's Clean Water Program in six regional offices. (Pennsylvania Clean Streams Law)	Sean Furjanic [phone] [e-mail]
Administration of Sewage Facilities Planning and Permitting Programs and Standards for Onlot Sewage Treatment Facilities 25 Pa. Code Chapters 71, 72 and 73	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking proposes to create 25 Pa. Code Chapters 71a, 72a and 73a, replacing the current Chapters 71, 72 and 73. The proposed amendments would provide necessary updates and clarity to the regulations to address environmental and public health and safety issues. (Pennsylvania Sewage Facilities Act, Clean Streams Law)	Lee McDonnell [phone] [e-mail]
Environmental Laboratory Accreditation Fee Amendments 25 Pa. Code Chapter 252	Quarter 2, 2017, EQB Consideration as Final	This rulemaking proposes to establish appropriate standards for laboratories performing DEP compliance testing of environmental samples. The rulemaking outlines the minimum requirements to which laboratories must adhere when producing environmental data. The anticipated changes to the Chapter 252 regulation will include changes to the qualifications for laboratory supervisors, clarifications to recordkeeping requirements, and changes to the application fees and out-of-state travel expense reimbursement rate. The Environmental Laboratory Accreditation Act requires that the accreditation fees cover the cost of the operation of the laboratory accreditation program. (Environmental Laboratory Accreditation Act)	Aaren Alger [phone] [e-mail]
Administration of Land Recycling Program 25 Pa. Code Chapter 250	Quarter 2, 2016, IRRC Consideration, as Final	The rulemaking amends 25 Pa. Code Chapter 250 to update the Medium-Specific Concentrations (MSCs) established under the Statewide health standard based on the most recent published scientific information. MSCs are concentrations of contaminants in soil and groundwater that are protective of human health and the environment under various exposure scenarios. The regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. (Land Recycling and Environmental Remediation Standards Act)	Troy Conrad [phone] [e-mail]
Administration of the Storage Tank and Spill Prevention Program 25 Pa. Code Chapter 245	Quarter 2, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend current regulations at 25 Pa. Code Chapter 245, Administration of the Storage Tank and Spill Prevention Program. The purpose for the rulemaking is to strengthen the underground storage tank (UST) requirements by increasing the emphasis on properly operating and maintaining equipment. Currently, UST owners and operators are required to have spill prevention, overfill prevention, and release detection equipment in place, but are not required to periodically verify the functionality of some of that equipment. The proposed changes are expected to result in significant improvements in the routine operation, maintenance and monitoring of underground storage tanks which will help to further reduce the number of releases from underground storage tanks and in turn protect public health and the environment. (Storage Tank and Spill Prevention Act)	Charles Swokel [phone] [e-mail]
Radiation Protection Program Fees 25 Pa. Code Chapters 218 and 240	Quarter 2, 2017, EQB Consideration, as Final	This rulemaking amends Chapters 218 and 240 relating to fees. DEP must review the adequacy of established fees every three years. The current fee review indicates the need for a fee increase in two program areas. The Radioactive Materials and Decommissioning Program and the Radon Program fee revenue for these program areas is insufficient to cover program costs. (Radiation Protection Act and Radon Certification Act)	Joseph Melnic [phone] [e-mail]
Radiological Health 25 Pa. Code Chapters 215—240	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking amends Chapters 215—240 to update Computed Tomography and Fluoroscopic regulations; to address new X-ray technology that is not addressed in current regulations; and to include comprehensive updates to the radon regulations to incorporate procedures and protocols that are not addressed in the current regulations. Additional items of clarification are 45-day reporting and application requirements, specifying the number of mitigation firm employees, and numerous changes and additions to the definitions section. (Radiation Protection Act and Radon Certification Act)	Joseph Melnic [phone] [e-mail]
Control of VOC Emissions from Miscellaneous Metal and Plastic Parts Coatings 25 Pa. Code Chapter 129	Quarter 2, 2016, EQB Consideration, as Final	This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from miscellaneous metal and plastic parts coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards are consistent with the recommendations of the EPA included in the corresponding CTG for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]
Control of VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings 25 Pa. Code Chapter 129	Quarter 2, 2016, EQB Consideration, as Final	This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from automobile and light-duty truck assembly coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards are consistent with the recommendations of the EPA included in the corresponding CTG for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]
Control of VOC Emissions from Industrial Cleaning Solvents 25 Pa. Code Chapter 129	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking will amend the existing surface coating regulations under Chapter 129 to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in 25 Pa. Code Article III to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the corresponding CTG for industrial cleaning solvents. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]
Air Quality Fee Schedule Amendments 25 Pa. Code Chapters 127 and 139	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking will revise existing requirements and fee schedules codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control (35 P.S. § 4006.3(a)). In addition to increasing the plan approval and operating permit application fees, the proposed rulemaking would add fees applicable to plan approval modifications and requests for determination of plan approval and operating permit requirements. The proposed rulemaking would also add separate fees for risk assessments and a revised fee structure for Title V facilities. The proposed rulemaking would also establish fee requirements in a new Subchapter D (relating to testing, auditing and monitoring fees) in Chapter 139 (relating to sampling and testing) to address Department-performed source testing, test report reviews and auditing and monitoring activities related to continuous emissions monitoring systems (CEMS). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan or the Title V Program Approval, as appropriate. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]
Low RVP Gasoline Repeal 25 Pa. Code Chapters 121, 126 and 139	Quarter 3, 2016, EQB Consideration, as Proposed	This rulemaking will rescind certain provisions codified in 25 Pa. Code Chapters 121, 126 and 139 (relating to general provisions; motor vehicle and fuels programs; and sampling and testing). The proposed rulemaking would repeal §§ 126.301—126.303 and 139.14(b)(8) (relating to gasoline volatility requirements; and emissions of VOCs). Sections 126.301—126.303 impose requirements for summer low Reid Vapor Pressure (RVP) gasoline in the Pittsburgh- Beaver Valley Area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland Counties) from May 1 to September 15 as an emission reduction measure to address attainment and maintenance of the 1-hour ozone National Ambient Air Quality Standard (NAAQS). Section 139.14(b)(8) specifies the sampling and testing methods for analysis of low RVP gasoline. Amendments to § 121.1 (relating to definitions) would also be proposed, as approp- riate, to support the rescission of §§ 126.301—126.303 and 139.14(b)(8). The proposed rulemaking is in response to Act 50 of 2014 (P.L. 674, May 14, 2014), which directs the EQB to promulgate regulations to repeal the requirements for low RVP gasoline upon demonstration of continued compliance with the NAAQS through the use of commensurate emission reductions from other air pollution control measures. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]
Control of VOCs from Gasoline Dispensing Facilities (Stage II) 25 Pa. Code § 129.82	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking will amend 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) to repeal the requirements for installing new Stage II vapor recovery systems. The proposed rulemaking would establish procedures for the decommissioning of existing Stage II systems and would require Stage II systems that are not decommissioned to still comply with existing regulatory maintenance requirements. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]
Amendments to Mobile Equipment Repair and Refinishing 25 Pa. Code Chapters 121 and 129	Quarter 4, 2016, EQB Consideration, as Proposed	This rulemaking will amend the existing surface coating regulations in 25 Pa. Code § 129.75 to harmonize the emission limits and work practice requirements of the Clean Air Act ''reasonably available control technology'' requirements for automobiles and light-duty trucks and the 2011 updated Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Clarifying amendments would be proposed for the adhesives, sealants, primers and solvents regulations in 25 Pa. Code §§ 129.77 and 130.701—130.708. Amendments to 25 Pa. Code § 121.1 would also be proposed to support the amendments to Chapter 129. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle [phone] [e-mail]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Department of General Services (DGS)
Committee on Construction Contract Documents 4 Pa. Code Chapter 62 (#8-21)	2016, as Final-Omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Liz O'Reilly [phone] Ed Olivieri [phone]
Selections Committee 4 Pa. Code Chapter 64 (#8-22)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly [phone] Ed Olivieri [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67 (#8-23)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly [phone] Ed Olivieri [phone]
Contract Compliance— Prequalification of Vendors and Nonconstruction Contractors 4 Pa. Code Chapter 68, Subchapter A (#8-24)	2016, as Final-Omitted	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Liz O'Reilly [phone] Ed Olivieri [phone]
Methods of Awarding Contracts 4 Pa. Code Chapter 69 (#8-25)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Ken Hess Pamela Cross [phone]
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 and 47 (#8-26)	2016, as Final-Omitted	These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code.	Ken Hess Pamela Cross [phone]
State Metrology Laboratory Fee Schedule, 70 Pa. Code Chapter 110 (#8-27)	Delivered May 23, 2016 for review pursuant to Executive Order 1996-1, as Proposed	These regulations will increase the fees charged by the State Metrology Laboratory, provide for an automatic yearly increase, and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges.	Ken Hess Mary Fox [phone]
Commonwealth Buildings 4 Pa. Code Chapters 85, 86 and 87 (#8-28)	2016, as Proposed	These regulations (Chapters 85 and 87) and statement of policy (Chapter 86) will be amended to update the procedures for the public to request use of the public areas of the Capitol Complex and the Forum auditorium.	Matthew Bembenick [phone] Shawn E. Smith [phone] Mary Ann Jordano [phone]
Small Business Self- Certification and Small Diverse Business Verification— Statement of Policy 4 Pa. Code §§ 58.301—58.308	July 2016	The Department is in the process of updating its Statement of Policy that addresses Small Business Self-Certification and Small Diverse Business Verification. The amended Statement of Policy will take effect immediately upon publication in the Pennsylvania Bulletin.	Beverly Hudson [phone]
Department of Health (DOH)
Communicable and Non-Communicable Diseases 28 Pa. Code Chapter 27	July 2017, as Proposed	These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non- communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control Law of 1955, 35 P.S. §§ 21.1 et seq. (the Act). Section 16(a) of the (Act 35 P.S. § 521.16 (a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non- communicable diseases. Section 16(b) of the Act (35 P.S. § 521.16(b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P.S. §§ 51 et seq.) (Code) Section 20102(g) of the Code (71 P.S. § 532(g)) provides general authority for the Department to promulgate regulations.	Samantha Jallah [phone]
Photo Identification Tag Regulations 28 Pa. Code Chapters 54 and 55	July 2016, as Proposed	The Health Care Facilities Act (35 P.S. § 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P.S. § 448.809.2) requires persons working in health care facilities and physician practices to wear photo identification badges that also contain other information including the person's name, title and name of the health care facility.	Karin Simpson [phone]
School Immunization Requirements 28 Pa. Code §§ 23.83, 23.85 and 23.86	December 2016, as Final	The amendments to existing regulations will revise immunization requirements for school entry and attendance, revise the school reporting requirements to require electronic reporting at a later date in the school year, and eliminate the provisional period for school attendance. Pursuant to the Disease Prevention and Control Law of 1955 35 P.S. §§ 521.1 et seq.; the Administrative Code of 1921 (71 P.S. § 541(c.1)) and the Public School Code of 1949 (24 P.S. § 13-1303a).	Yvette M. Kostelac [phone]
Home Health Care Agencies 28 Pa. Code Chapter 601	July 2017, as Proposed	Federal rules addressing covered Medicare and Medicaid services have been amended to allow other health care professionals (in addition to physicians) to order home health services. The Department anticipates amending the home health licensure regulations to permit other health care professionals to order home health services and approve the plan of care.	Tammi Snyder Queen [phone]
Hospice Regulations	September 2016, as Proposed	Currently, there are no hospice-specific licensure regulations in the Commonwealth. The Health Care Facilities Act (HCFA) permits the Department, pending promulgation of regulations, to use the standards set forth in Federal regulations (42 CFR Part 418) for hospices certified as providers of the Medicare program under Title XVIII of the Social Security Act as licensure standards. The Department anticipates promulgating licensure regulations for hospice facilities in Pennsylvania that mirror the Federal conditions of participation and address additional quality assurance requirements and fees for licensure, as permitted by the HCFA.	Tammi Snyder Queen [phone]
Indoor Tanning Regulations	September 2016, as Proposed	The newly enacted Pennsylvania Indoor Tanning Act requires the Department to promulgate regulations to implement the Act. The Department anticipates proposing regulations that will outline the requirements for the operation of tanning facilities and to provide for safety of consumers using tanning equipment.	Keith Fickel [phone]
Health Facilities and Hospitals 28 Pa. Code Chapters 51 and 101—158	March 2017, as Proposed	The Secretary of Health created a task force of hospital industry representatives to review the current hospital regulations and provide recommendations to improve the quality of care in hospitals across the state. The hospital regulations will be updated to reflect those recommendations.	Tanya Leshko [phone]
Long Term Care Facilities 28 Pa. Code Chapters 201—211	April 2017, as Proposed	Pennsylvania's long-term care facility licensure regulations were last updated in 1999. Since that time, the clinical complexity of nursing home residents has changed substantially. The Nursing Home Quality Improvement Task Force was commissioned by the Secretary of Health to make recommendations for revisions to the regulations. The long-term care facility regulations will be updated to reflect those recommendations.	Karin Simpson [phone]
Medical Marijuana	Temporary regulations will be published periodically prior to November 17, 2016	The newly enacted medical marijuana program, Act 16, was signed into law on April 17, 2016 and became effective on May 17, 2016. Act 16 requires the Department of Health to issue temporary regulations.	Yvette Kostelac [phone]
Department of Human Services (DHS)
Administration of County Children and Youth Social Service Programs 55 Pa. Code Chapter 3130	November 2016, as Proposed	This regulation will incorporate the amendments to the state Juvenile Act and the Federal regulations for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services.	Jen DeBell [phone]
Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs 55 Pa. Code Chapter 3140	November 2016, as Proposed	This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with Federal requirements and policy and to ensure the validity of State and Federal claims.	Jen DeBell [phone]
Child Protective Services 55 Pa. Code Chapter 3490	October 2017, as Proposed	This regulation will incorporate the amendments to the Child Protective Services Law related to child protective services and general protective services, including statutory changes to mandatory reporting, training, clearances and the Statewide database.	Jen DeBell [phone]
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics 55 Pa. Code Chapters 1153 and 5200	November 2016, as Proposed	These amendments will update the current regulations to align outpatient psychiatric services with current industry standards and parity requirements and will include provisions for mobile mental health treatment.	Jen DeBell [phone]
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5231	November 2016, as Proposed	This regulation will be amended to govern psychiatric rehabilitation services for individuals 14 years of age and older with serious mental health conditions to support the transition to adulthood, implement an initiative to improve coordination between the child and adult mental health care systems, and amend outdated language throughout.	Jen DeBell [phone]
Intensive Community Based Behavioral Health Services 55 Pa. Code Chapter 5270	November 2016, as Proposed	This regulation will govern the provision of the array of in-home and community-based behavioral health rehabilitation services for children, including services for children with autism spectrum disorder.	Jen DeBell [phone]
Mental Health Targeted Case Management 55 Pa. Code Chapters 5220 and 5221	November 2016, as Proposed	This regulation will rescind Chapter 5221 and replace it with a new Chapter 5220 which will govern the provision of mental health case management services, including resource coordination, intensive case management and blended case management.	Jen DeBell [phone]
Subsidized Child Care Eligibility 55 Pa. Code Chapter 3041	February 2017, as Proposed	This regulation will be updated to add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments to requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups.	Jen DeBell [phone]
Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes 55 Pa. Code Chapters 3270, 3280 and 3290	November 2016, as Proposed	This regulation will add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments regarding employment, background checks and training requirements. In addition, additional proposed amendments include water safety training and equipment requirements.	Jen DeBell [phone]
Early Intervention Services 55 Pa. Code Chapter 4226	February 2017, as Final-Omitted	This regulation will amend § 4226.5 (relating to definitions) to reflect the requirements of Act 2014-143 (Act 143). Act 143 added an additional tracking category for infants and toddlers experiencing homelessness.	Jen DeBell [phone]
Home and Community-Based Supports and Licensing 55 Pa. Code Chapters 51, 6100, 6200, 2380, 2390, 6400 and 6500	September 2016, as Proposed September 2017, as Final	This regulation will rescind Chapter 51 and replace it with a new Chapter 6100, which will govern the program, operational and fiscal components of the Office of Developmental Programs' home and community-based waiver programs, State plan services, block grant and base-funded programs and licensing requirements.	Jen DeBell [phone]
Adult Protective Services 55 Pa. Code Chapter 15	February 2017, as Proposed	This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The authority for the regulation and resulting services are under Act 70 of 2010, the Adult Protective Services Act.	Jen DeBell [phone]
Medical Assistance Disqualifications 55 Pa. Code Chapter 255	February 2017, as Proposed	This regulation will add disqualification penalties for individuals who were prosecuted for Medical Assistance fraud. These amendments will mirror Federal law at 42 U.S.C. § 1320a-7b to provide for a 1-year disqualification based on a court conviction for a crime against the Medical Assistance program.	Jen DeBell [phone]
Definitions 55 Pa. Code Chapter 123	February 2017, as Proposed	This regulation will allow flexibility in the type of interviews that must be undertaken for Temporary Assistance to Needy Families (TANF) applicants and eligibility workers.	Jen DeBell [phone]
Medical Assistance Manual 55 Pa. Code Chapters 1101 and 1150.	March 2017, as Proposed	These regulations are necessary to align current Medical Assistance Program regulations to the HealthChoices Expansion, which provides the same level of benefits to all MA adult beneficiaries. The amendments will eliminate amount, duration and scope variations between categories of eligibility and update terminology. The Department will also take this opportunity to update terminology, incorporate Statements of Policy and rescind outdated policies, such as the ''Shared space'' regulation at § 1101.51(b)(3).	Jen DeBell [phone]
Medical Assistance Manual 55 Pa. Code Chapters 1140, 1142, 1229 and 1241.	June 2017, as Proposed	These regulations are necessary to align current Medical Assistance Program regulations to the HealthChoices Expansion, which provides the same level of benefits to all MA adult beneficiaries. The amendments will eliminate amount, duration and scope variations between categories of eligibility and update terminology. The Department will also take this opportunity to update terminology, incorporate Statements of Policy and rescind outdated policies.	Jen DeBell [phone]
Medical Assistance Manual 55 Pa. Code Chapters 1101, 1121, 1126, 1141, 1163 and 1221.	October 2016, as Final-Omitted	These regulations are necessary to align current Medical Assistance Program regulations to the Office of Civil Rights final rule implementing Section 1557 of the Affordable Care Act. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. The amendment will rescind the regulations in Chapters 1141 and 1163 prohibiting surgical procedures and medical care provided in connection with sex reassignment. The amendment will also update the nondiscrimination regulation in Chapter 1101.	Jen DeBell [phone]
Outpatient Drug and Alcohol Clinic Services 55 Pa. Code 1223	March 2017, as Proposed	The amendments will update the current regulations to align outpatient drug and alcohol clinic services with current industry standards and parity requirements.	Jen DeBell [phone]
Pennsylvania Insurance Department (PID)
Annual Financial Reporting Requirements 31 Pa. Code Chapter 147 (#11-254)	Summer 2016, as Final	Amendments to Chapter 147 to add an internal audit function requirement for large insurers.	Bridget E. Burke Regulatory Coordinator [phone]
Tables Approved for Use in Determining Minimum Nonforfeiture Standards and Minimum Standards for Valuation 31 Pa. Code Chapter 84 (#11-255)	Summer 2016, as Final	Amendments to adopt new mortality tables for use in determining minimum reserves insurers must maintain for annuities.	Bridget E. Burke Regulatory Coordinator [phone]
Department of Labor and Industry (L&I)
Boiler and Unfired Pressure Vessel Regulations Title 34, Part I, Chapter 3a Bureau of Occupational and Industrial Safety	Winter 2016, as Proposed	Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies.	Jennifer Berrier [phone]
Flammable and Combustible Liquids Title 34, Part I, Chapters 14 and 14a Bureau of Occupational and Industrial Safety	Fall 2016, as Proposed	Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel.	Jennifer Berrier [phone]
Unemployment Compensation Title 34, Part VI Chapter 101 Board of Review	Submit as Proposed, Winter 2017	Update regulation to reflect statutory and operational changes	Randall Brandes [phone]
Apprenticeship and Training Council Title 34, Part IV, Chapters 83 and 84 Apprenticeship and Training Office	Submit as Proposed, Spring 2017	Amend regulations to reflect Federal requirements. Will need legislative change to statute first.	Eric Ramsey [phone]
Registration of Sign Language Interpreters and Transliterators Title 34, Part XV, Chapter 501 Office of Deaf and Hard of Hearing	Submit as Proposed, Fall 2016	Amend regulations to be consistent with amendments in Sign Language Interpreter and Transliterator State Registration Act, 63 P.S. §§ 1725.1—1725.11, that were enacted in November 2010.	Sharon Behun [phone]
Employment of Minors Title 34, Part 1, Chapter 11 Bureau of Labor Law Compliance	Fall 2016, as Proposed	Revise/update current regulations in light of the new Child Labor Act, Act 151 of 2012.	Terry Peck [phone]
Prohibition of Excessive Overtime in Health Care Act Regulations Title 34, Part XII, Chapter 225 Bureau of Labor Law Compliance	Spring 2017, as Proposed	Revise/update current regulations for Act 102 of 2008.	Terry Peck [phone]
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations 43 Pa. Code Chapter 7	Winter 2016-17, as Proposed	The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S § 903(10)). These regulations are out-of-date. They were last updated in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena.	Michael Barrett [phone]
Veterans' Affairs Regulations 43 Pa. Code Chapter 5	Fall 2016, as Final-Omitted	43 Pa. Code Ch. 5 contains regulations on a number of Commonwealth veterans' benefit programs. These include the Disabled Veteran Real Estate Tax Exemption, the Blind Veterans' Pension, the Paralyzed Veterans Pension, Veterans' Emergency Assistance and the Educational Gratuity Program. All of these regulations need to be updated to take into account changes in the law as well as changes in organizational structures.	Michael Barrett [phone]
Municipal Police Officers' Education and Training Commission (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program 37 Pa. Code Chapter 203 (#17-81)	Summer 2016, as Proposed	Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community.	Sergeant Robert L. Bailey [phone]
Pennsylvania Board of Probation and Parole (PBPP)
No regulations being developed or considered at this time.
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program 37 Pa. Code Chapter 421	Late 2016/2017, as Proposed	The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114).	Linda Rosenberg [phone] Heidi Barry [phone]
Pennsylvania Emergency Management Agency (PEMA)
Act 187 of 2014	Winter 2016, as Proposed	Act 187 of 2014 established the Public Disaster Assistance Grant Program within the Pennsylvania Emergency Management Agency provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority. The Pennsylvania Emergency Management Agency is directed to Promulgate any regulations necessary to implement and administer the program which include: (i) Development of additional procedures or requirements for the submission of grant applications; (ii) Development of procedures to verify adjusted loss; (iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority; and (iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.	Stephen Bekanich [phone] Westburn Majors [phone]
Pennsylvania Higher Education Assistance Agency (PHEAA)
No regulations being developed or considered at this time.
Pennsylvania Housing Finance Agency (PHFA)
No regulations being developed or considered at this time.
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Infrastructure Investment Authority Assistance 25 Pa. Code §§ 963.1—963.20, including inter alia: 963.12(a)(7) 963.13(c) 963.15(a) 963(15)(c) 963(16) 963.18(c)	Summer 2016, as Proposed	Revisions under consideration include, inter alia: Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P.L. 51, No. 16, enacted June 19, 2013 and guidance revisions implemented by the Department of Environmental Protection and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including, but not limited to the following: (1) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. (2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month. (3) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (4) Amend 25 Pa. Code § 963.15 (c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (5) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan. (6) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST. Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.	Shawn W. Weis [phone]
Pennsylvania Municipal Retirement System (PMRS)
No regulations being developed or considered at this time.
Pennsylvania State Police (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act 37 Pa. Code Chapter 51	Fall 2016, as Proposed	Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/ re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs.	Sergeant Robert L. Bailey [phone]
Administration of Megan's Law—Neighbor Notification 37 Pa. Code Chapter 55	Fall 2016, as Final-Omitted	Title 42 Pa.C.S. § 9799.1, in part, required the Pennsylvania State Police write regulations regarding neighbor notification of the current residence of sexually violent predators. This section expired December 20, 2012, and on that date the requirements of Title 42 Pa.C.S. § 9799.32 became effective. These new requirements, in part, place a duty on the Pennsylvania State Police to write guidelines regarding neighbor notification under § 9799.27(b)(1). Since there is no longer statutory authority for Chapter 55, it will be removed and reserved in its entirety. The contents will be updated and published as guidelines in a Statement of Policy.	Sergeant Robert L. Bailey [phone]
Pennsylvania State System of Higher Education (PASSHE)
No regulations being developed or considered at this time.
Public School Employees' Retirement System (PSERS)
No regulations being developed or considered at this time.
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC) 61 Pa. Code Chapter 901a	February 2017, as Proposed	The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184 of 2012 and Acts 90 and 92 of 2013.	John Brenner [phone]
General Provisions Application of Payments 61 Pa. Code Chapter 5a	January 2017, as Proposed	The Department is promulgating this regulation to clarify the provisions of the Taxpayers' Bill of Rights and provide a procedure for the application of a payment received from a taxpayer to tax liability owed the Department.	Douglas Berguson [phone]
Amendments to Chapter 93—Inheritance Tax 61 Pa. Code § 93.101	Sept. 2016, as Final	The Department is promulgating this amendment to remove an obsolete regulation § 93.101 Medical expenses and insurance, superseded by statute (72 P.S. § 9129(k)).	Thomas Gohsler [phone]
Amendments to Realty Transfer Tax (RTT) Regulations 61 Pa. Code Chapter 91	January 2017, as Proposed	Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. Additionally, the proposed amendments will be consistent with Department policy and the language in the RTT statute.	John Brenner [phone]
Department of State (DOS)
State Board of Accountancy
General Revisions (Act 73 and Act 15 Amendment) 49 Pa. Code Chapter 11 (#16A-5513)	Fall 2016, as Final	This final rulemaking implements the amendments to the CPA Law made by the act of July 9, 2008 (P.L. 954, No. 73) (Act 73), and the act of June 19, 2013 (P.L. 46, No. 15) (Act 15). Act 73 provided for practice in this Commonwealth under substantial equivalence by persons licensed in other states and provided new education and experience standards for licensure. Act 15 eliminated the requirement that applicants for licensure demonstrate 400 hours of experience in attest activity as a condition of licensure.	Sara Fox [phone]
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (#16A-5514)	Fall 2016, as Final	This final rulemaking amends the schedule of civil penalties for certain violations of the CPA Law (63 P.S. §§ 9.1—9.16b) and the regulations of the State Board of Accountancy (Board) to comport with amendments made by the Board to its substantive regulations relating to continuing education violations.	Sara Fox [phone]
State Athletic Commission
Prohibited Drug Testing 58 Pa. Code Part I, Subpart A, Chapter 15 (#16-58)	Fall 2016, as Proposed	The proposed rulemaking would revise existing regulations on drug testing for boxers, mixed martial arts participants and kick boxers, as authorized under the Boxing Act.	Martha Brown [phone]
State Architects Licensure Board
Electronic Seals and Signing 49 Pa. Code Chapter 9 (#16A-4110)	Summer 2016, as Proposed	In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Amanda Li [phone]
State Board of Auctioneer Examiners
Schedule of Civil Penalties 49 Pa. Code § 43b.12a (#16A-648)	Winter 2016-17, as Proposed	The proposed rulemaking would make updates to the current schedule of civil penalties for violations of the Auctioneer Licensing and Trading Assistant Registration Act and regulations of the State Board of Auctioneer Examiners.	Terrie Kocher [phone]
State Board of Barber Examiners
Schedule of Civil Penalties 49 Pa. Code § 43b.4 (#16A-4210)	Fall 2016, as Final-Omitted	This rulemaking would simply change the authority under which many of the current civil penalties are being issued from the statutory provision in the Barber License Law to the applicable provision in the regulations of the State Board of Barber Examiners. In making this change, the legal authority supporting the schedule of civil penalties will be clearer.	Kelly Diller [phone]
General Revisions 49 Pa. Code Chapter 3 (#16A-429)	Fall 2016, as Proposed	The proposed rulemaking would update the regulations for barber managers, temporary student licenses, barber shops and schools of barbering to update obsolete provisions of the Board's regulations. Some of the regulations contain outdated terminology. Also, the Board would update the regulations to make them consistent with the Barber License Law and current practices of the Board and its licensees.	Kelly Diller [phone]
State Board of Chiropractic
Chiropractic Specialties 49 Pa. Code Chapter 5 (#16A-4312)	Fall 2016, as Proposed	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The proposed rulemaking would prohibit a chiropractor from advertising that the chiropractor holds certification or otherwise is a specialist in a chiropractic specialty unless the chiropractor holds certification or diplomate status from a specialty board recognized by the American Board of Chiropractic Specialties. These specialty boards all require passing a certification examination after either a full-time residency of at least 3 years or a part-time program of more than 300 hours of education and clinical practice. This proposal protects consumers of chiropractic services who can be mislead by advertising of ''certifications'' that do not truly reflect advanced knowledge, training or skill.	Michelle Roberts [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 5.91—5.96 (#16A-4322)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Chiropractic obtain required training in child abuse recognition and reporting.	Michelle Roberts [phone]
Distance Education 49 Pa. Code § 5.79 (#16A-4323)	Summer 2016, as Final	Section 507(a) of the Chiropractic Practice Act (act) (63 P.S. § 625.507(a)) requires each licensed chiropractor to complete at least 24 hours of continuing chiropractic education within the immediately preceding 2-year period as a condition of biennial license renewal. This final rulemaking would expressly permit continuing education to be completed through courses offered by distance education, subject to Board approval, but limit it to 50% of the required hours.	Michelle Roberts [phone]
Radiological Procedures Examination 49 Pa. Code §§ 5.6 and 5.63 (#16A-4324)	Fall 2016, as Final	Section 522(a)(ii) of the act (63 P.S. § 625.522(a)(ii)) prohibits auxiliary personnel from performing radiologic procedures on the premises of a chiropractor unless the person has passed an examination approved by the Board and administered by a third-party testing service. The proposed rulemaking would delete the fee for the radiological procedures examination and reference to the application forms and would require auxiliary personnel to submit applications and pay the fee directly to the testing service rather than applying to the Board. This change is needed to comport to actual practice.	Michelle Roberts [phone]
Government Employee Liability Coverage 49 Pa. Code §§ 5.17(f) and 5.41 (#16A-4325)	Fall 2016, as Proposed	The Chiropractic Practice Act requires chiropractors to maintain professional liability insurance, including self-insurance. This regulation would permit a licensee who practices exclusively on behalf of the government to meet this requirement by reliance upon the coverage provided under the Federal Tort Claims Act or the Sovereign Immunity Act as administered by the Commonwealth's Employee Liability Self-insurance Program.	Michelle Roberts [phone]
Bureau of Commissions, Elections and Legislation
Lobbying Disclosure Thresholds 51 Pa. Code §§ 51.1 and 57.2 (number not yet assigned)	Fall 2016, as Final-Omitted	Section 13A08(j) of the Lobbying Disclosure Act (act) (65 Pa.C.S. § 13A08(j)) requires the Department to review the threshold for exemption from registration and reporting every two years and increase those thresholds to ''rates deemed reasonable for assuring appropriate disclosure'' of lobbying expenditures. The Department has already published a notice of its intent to raise the thresholds from $2,500 to $3,000, effective January 1, 2017. This rulemaking would amend the regulations to reflect the updated threshold amounts.	Ian Everhart [phone]
Notaries Public 4 Pa. Code Part VIII, Subpart C (#16-59)	Summer 2016, as Proposed	The proposed rulemaking would implement the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA).	Martha Brown [phone]
Electronic Recording Commission—Real Property Electronic Recording Standards 4 Pa. Code, Part VIII, Subchapter G (#16-57)	Fall 2016, as Temporary Regulations	These temporary regulations would implement the act of July 5, 2012 (Uniform Real Property Electronic Recording Act) (P.L. 935, No. 100). The temporary regulations put forth initial standards relating to electronic recording of real property documents developed by the Electronic Recording Commission.	Martha Brown [phone]
Bureau of Corporations and Charitable Organizations
Names (including Symbols and Characters) 19 Pa. Code Chapter 17 (number not yet assigned)	Summer 2016, as Proposed	Section 133(a)(vi) of the Association Transactions Act authorizes the Department to specify the symbols or characters which do not make a name distinguishable on the records of the Department or may be used in the name of an entity. This rulemaking will revise the chapter on Names and add provisions on symbols and characters.	Martha Brown [phone]
UCC Revised Article 9 (#16-35)	Fall 2016, as Proposed	This proposed rulemaking would adopt, with some revisions, the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments.	Martha Brown [phone]
State Board of Cosmetology
Schedule of Civil Penalties 49 Pa. Code § 43b.5 (#16A-4517)	Fall 2016, as Proposed	This proposed rulemaking would amend the schedule of civil penalties for the State Board of Cosmetology promulgated by the Commissioner of Professional and Occupational Affairs under the authority of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48). The State Board of Cosmetology (Board) has participated in the Act 48 citation program from its inception in 1996 and has not increased the amounts in the schedule of civil penalties since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties in order to improve their deterrent effect.	Kelly Diller [phone]
Massage Therapists in Cosmetology or Esthetician Salons 49 Pa. Code Chapter 7 (#16A-4518)	Fall 2016, as Proposed	The act of September 24, 2014 (P.L. 2476, No. 136) (Act 136) allows massage therapists to practice within the licensed square footage of a cosmetology or esthetician salon and requires the State Board of Cosmetology and the State Board of Massage Therapy to jointly promulgate regulations to implement these changes. This rulemaking effectuates these provisions of Act 136.	Kelly Diller [phone]
Examination 49 Pa. Code Chapter 7 (#16A-4519)	Fall 2016, as Proposed	Historically, the licensure examinations for licensees of the State Board of Cosmetology required the passing of a written (theory) portion and a practical portion in which the candidate demonstrated the necessary skills. Act 136 eliminated the practical portion of the examination, leaving the Board with only a written examination that covers both theory and practical application questions. This rulemaking implements that portion of Act 136.	Kelly Diller [phone]
State Board of Crane Operators
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (#16A-7103)	Summer 2016, as Proposed	The proposed regulation would create a schedule of civil penalties for violations of the Crane Operator Licensure Act and regulations of the State Board of Crane Operators.	Amanda Li [phone]
State Board of Dentistry
Anesthesia Update 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (#16A-4621)	Fall 2016, as Proposed	This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices to conform to and adopt the current standards used by the dental profession.	Lisa Burns [phone]
Child Abuse Reporting Requirements 49 Pa. Code § 33.250 (#16A-4626)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Dentistry obtain required training in child abuse recognition and reporting.	Lisa Burns [phone]
General Revisions 49 Pa. Code Chapter 33 (#16A-4628)	Summer 2016, as Proposed	The State Board of Dentistry has undertaken a review of existing regulations with the goal of updating the regulations and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify the regulations relating to fictitious names, biennial renewal, inactive status, reactivation, licensure by criteria approval, acceptable proof of professional liability insurance, use of titles, advertising, unprofessional conduct, multi-disciplinary professional corporations, exclusion of auxiliary personnel from performing radiological procedures and continuing dental education.	Lisa Burns [phone]
Schedule of Civil Penalties 49 Pa. Code § 43b.14a (#16A-4630)	Fall 2016, as Proposed	The State Board of Dentistry has participated in the Act 48 citation program since 2001 and has not increased the amounts in the schedule of civil penalties for lapsed license/certificate violations since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties to improve their deterrent effect. In addition, the proposal would add a schedule of civil penalties for continuing education violations.	Lisa Burns [phone]
Temporary Volunteer Dental Licenses 49 Pa. Code § 33.118 (#16A-4631)	Fall 2016, as Proposed	This proposed regulation would implement the act of February 4, 2014 (P.L. 19, No. 7) (Act 7) to set forth the procedures to apply for a temporary volunteer dental license. The purpose of Act 7 of 2014 was to allow out-of-state dentists to volunteer their services in this Commonwealth and to participate in volunteer events/activities sponsored by the American Dental Association (ADA) and other National associations that may take place within the Commonwealth. This rulemaking effectuates Act 7.	Lisa Burns [phone]
Restricted Faculty Licenses 49 Pa. Code Chapter 33 (#16A-4632)	Fall 2016, as Proposed	The act of July 2, 2014 (P.L. 828, No. 89) (Act 89) amended the Dental Law to provide for restricted faculty licenses. A restricted faculty license is granted to an individual for the limited purpose of teaching in a dental school or advanced dental education program as a faculty member at an accredited dental school in this Commonwealth. This rulemaking effectuates Act 89.	Lisa Burns [phone]
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures 49 Pa. Code Chapter 37 (#16A-4712)	Fall 2016, as Proposed	In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Robin Shearer [phone]
Renewal Fees 49 Pa. Code § 37.17 (#16A-4713)	Fall 2016, as Final	Under section 9(a) of the Professional Engineer, Land Surveyor and Geologist Registration Law (63 P.S. § 156(a)) (act), the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board shall increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The current fee structure is inadequate to support the operations of the Board. This proposed rulemaking seeks to increase the biennial renewal fee for licensees from $50 to $100 so that revenues are sufficient to cover projected expenditures as required by the act.	Robin Shearer [phone]
State Board of Funeral Directors
Continuing Education Enforcement 49 Pa. Code Chapter 13 (#16A-4819)	Fall 2016, as Proposed	Under the Funeral Directors Law, all licensees are required to renew licenses biennially and complete at least 6 hours of approved continuing education courses as a condition of renewal. This proposed rulemaking would update and clarify the Board's regulations relating to renewal of licenses and enforcement of continuing education.	Heidy Weirich [phone]
Schedule of Civil Penalties— Funeral Directors 49 Pa. Code § 43b.6 (#16A-4820)	Fall 2016, as Proposed	A companion to 16A-4819, this proposed regulation would amend § 43b.6 to establish a schedule of civil penalties for continuing education enforcement, including civil penalties for failing to complete the required amount of continuing education, providing a false or inaccurate certification relating to completion of continuing education and failing to respond to an audit request.	Heidy Weirich [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 13.301—13.307 (#16A-4824)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Funeral Directors obtain required training in child abuse recognition and reporting.	Heidy Weirich [phone]
Names 49 Pa. Code Chapter 13 (#16A-4827)	Fall 2016, as Proposed	In a recent Federal lawsuit, the Third Circuit Court of Appeals held that certain provisions in the Funeral Director Law that prohibited the use of trade names are an unconstitutional violation of free commercial speech under the First Amendment to the U.S. Constitution. This rulemaking proposes to set standards for the use of names by a funeral entity and eliminate restrictions previously established under those provisions of the Funeral Director Law that have been determined to be unconstitutional.	Heidy Weirich [phone]
Supervisor 49 Pa. Code Chapter 13 (#16A-4828)	Fall 2016, as Proposed	This proposed rulemaking would clarify each funeral establishment's need to have a supervisor and provide the requirements for registration and the responsibilities of the supervisor.	Heidy Weirich [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Landscape Architects
General Revisions 49 Pa. Code Chapter 15 (#16A-6111)	Winter 2016-17, as Proposed	The State Board of Landscape Architects has undertaken a comprehensive review of its current regulations in an effort to update obsolete and incomplete provisions, to revise them to conform with current practices and to be consistent with the Landscape Architects Registration Law. This proposed rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education.	Terrie Kocher [phone]
Electronic Seals and Signatures 49 Pa. Code Chapter 15 (#16A-6112)	Fall 2016, as Proposed	In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Terrie Kocher [phone]
Schedule of Civil Penalties— Landscape Architects 49 Pa. Code Chapter 43b (#16A-6120)	Fall 2016, as Proposed	This proposed rulemaking would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law.	Terrie Kocher [phone]
State Board of Massage Therapy
Child Abuse Reporting Requirements 49 Pa. Code Chapter 20 (#16A-722)	Fall 2016, as Proposed	This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed massage therapists. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Massage Therapists obtain required training in child abuse recognition and reporting.	Carol Niner [phone]
Schedule of Civil Penalties— Massage Therapists 49 Pa. Code § 43b.23a (#16A-723)	Fall 2016, as Final	The rulemaking updates the schedule of civil penalties promulgated as a statement of policy in 2010. The rulemaking seeks to increase the deterrent effect by increasing the civil penalties for certain violations and adds additional offenses to the schedule.	Carol Niner [phone]
Fees 49 Pa. Code § 20.3 (#16A-724)	Fall 2016, as Proposed	Under section 11 of the Massage Therapy Act (63 P.S. § 627.11) the State Board of Massage Therapy is required to support its operations by the revenue it generates from fees, fines and civil penalties. In addition, it provides that the Board shall increase fees if revenue is not sufficient to meet projected expenditures. Under the current fee structure, the Board cannot produce enough revenue to meet projected expenditures. This proposal would increase biennial renewal fees for massage therapists, application fees, and fees for temporary practice permits.	Carol Niner [phone]
State Board of Medicine
Use of Medical Lasers 49 Pa. Code Chapter 18, Subchapter G (#16A-4939)	Winter 2016-17, as Proposed	This proposed rulemaking is intended to clarify the requirements for the use and delegation of the use of medical lasers. Based on the information available, the Board concluded that the use of prescription or medical lasers and other high energy source medical devices for the treatment of skin conditions by unlicensed individuals without adequate medical supervision presents an unreasonable risk of serious harm and potential permanent scarring or disfigurement. The Board proposes this rulemaking, which will bring the Board's regulations in line with the majority of other states that have already promulgated regulations related to these devices.	Suzanne Zerbe [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 16.101—16.107 (#16A-4941)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Medicine obtain required training in child abuse recognition and reporting.	Suzanne Zerbe [phone]
Schedule of Civil Penalties 49 Pa. Code Chapter 43b, § 43b.20 (#16A-4942)	Fall 2016, as Proposed	This proposed rulemaking provides for a schedule of civil penalties for licensees of the State Board of Medicine who fail to make reports required under section 903(1) and (4) of the Medical Care Availability and Reduction of Error Act (40 P.S. § 1303.903(1) and (4)), fail to timely complete mandatory continuing education, practice on an expired license, or have minor disciplinary action imposed by the proper licensing authority of another state. These additions are intended to take advantage of the efficiencies of the Act 48 citation process.	Suzanne Zerbe [phone]
Prosthetists, Orthotists, Pedorthists and Orthotic Fitters 49 Pa. Code Chapters 16 and 18 (#16A-4943)	Summer 2016, as Final	The act of July 5, 2012 (P.L. 873, No. 90) (Act 90) and the act of July 2, 2014 (P.L. 941, No. 104) (Act 104) amended the Medical Practice Act of 1985, to require the State Board of Medicine to issue licenses to prosthetists, orthotists, pedorthists and orthotic fitters, to regulate the practice of these professions and to discipline licensees. This final-form rulemaking would implement Act 90 and Act 104.	Suzanne Zerbe [phone]
Acupuncture 49 Pa. Code §§ 18.13—18.15 (#16A-4944)	Winter 2016-17, as Proposed	This proposed rulemaking implements the act of September 24, 2014 (P.L. 2472, No. 134) which amended the Acupuncture Licensure Act (63 P.S. §§ 1801—1806.1) to require acupuncturists and practitioners of Oriental medicine to carry professional liability insurance and to permit these licensees to provide services without a diagnosis from a physician, podiatrist or dentist for asymptomatic patients.	Suzanne Zerbe [phone]
Physician Assistant Supervisory Agreement (#16A-4946)	Winter 2016-17, as Proposed	The rulemaking is needed to bring the Board's existing regulations relating to physician assistant supervisory agreements (written agreements) into conformity with changes made by the act of November 27, 2013 (P.L. 1143, No. 100) with regard to physician review and countersignature of patient charts for patients seen by physician assistants.	Suzanne Zerbe [phone]
State Board of Nursing
General Revisions 49 Pa. Code Chapter 21 (#16A-5125)	Fall 2016, as Final	This rulemaking would revise the State Board of Nursing's regulations relating to the timeframes within which candidates for licensure as registered nurses, practical nurses and dietitian- nutritionists must first take and ultimately pass the appropriate licensing examination and updates and makes uniform application and examination provisions across the licensure categories.	Cindy Miller [phone]
Nursing Education Programs 49 Pa. Code Chapter 21 (#16A-5129)	Winter 2016-17, as Proposed	This proposed rulemaking updates and synthesizes the Board's nursing education program approval requirements for pre- and post-licensure education programs for practical nurses, professional nurses and certified registered nurse practitioners into one subchapter.	Cindy Miller [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 21.501—21.507 (#16A-5140)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Nursing obtain required training in child abuse recognition and reporting.	Cindy Miller [phone]
State Board of Examiners of Nursing Home Administrators
Schedule of Civil Penalties 49 Pa. Code Chapter 43b, § 43b.17 (#16A-6213)	Fall 2016, as Proposed	This proposed rulemaking would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations.	Chris Stuckey [phone]
Notice Requirements 49 Pa. Code §§ 39.92 and 39.93 (#16A-6217)	Fall 2016, as Final	This rulemaking clarifies notice requirements relating to convictions of crimes and return of suspended or revoked licenses.	Chris Stuckey [phone]
Child Abuse Reporting Requirements 49 Pa. Code Chapter 39 (#16A-6218)	Fall 2016, as Proposed	This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed nursing home administrators. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Examiners of Nursing Home Administrators obtain required training in child abuse recognition and reporting.	Chris Stuckey [phone]
State Board of Occupational Therapy Education and Licensure
Child Abuse Reporting Requirements 49 Pa. Code Chapter 42 (#16A-679)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Occupational Therapy Education and Licensure obtain required training in child abuse recognition and reporting.	Carol Niner [phone]
Code of Ethics 49 Pa. Code § 42.24 (#16A-6710)	Winter 2016-17, as Final	Beginning in 2011, the Board undertook a review of the language existing in § 42.24 and has compared it to various editions of the AOTA Occupational Therapy Code of Ethics. As a result of its review, the Board determined that it should update § 42.24 by adopting the 2015 AOTA Code of Ethics, which the Board finds to be the minimum standard of ethical conduct for occupational therapists and occupational therapy assistants in this Commonwealth. The AOTA Code of Ethics not only reflects the Board's own view of ethical practice, but will also keep the Commonwealth's ethical standards consistent with the National standards.	Carol Niner [phone]
General Revisions 49 Pa. Code Chapter 42 (#16A-6711)	Winter 2016-17, as Final	The act of July 5, 2012 (P.L. 1132, No. 138) (Act 138) amended the Occupational Therapy Practice Act to, among other things, require the maintenance of professional liability insurance by occupational therapists, provide for the imposition of civil penalties in accordance with the act of July 2, 1993 (P.L. 345, No. 48), permit the Board to participate in the Bureau's ''impaired professionals program,'' and authorize the Board to establish additional requirements for licensure renewal designed to assure continued competency for occupational therapy assistants. This rulemaking implements the professional liability insurance and continued competency provisions of Act 138.	Carol Niner [phone]
State Board of Optometry
General Revisions 49 Pa. Code Chapter 23 (#16A-5213)	Summer 2016, as Proposed	Section 3(b)(14) of the Optometric Practice and Licensure Act (act) gives the Board the authority to promulgate all rules and regulations necessary to carry out the purposes of the act. Section 5(b) of the act provides the minimal requirements for continuing education of 30 hours in a biennial period for licensed optometrists. The Board is proposing amendments to its existing regulations to ensure that clear guidance is given to licensees in prescribing contact lenses, reporting continuing education and the standards for accepting commercial support from the providers of continuing education.	Chris Stuckey [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 23.111—23.116 (#16A-5215)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Optometry obtain required training in child abuse recognition and reporting.	Chris Stuckey [phone]
State Board of Osteopathic Medicine
Child Abuse Reporting Requirements 49 Pa. Code §§ 25.401—25.416 (#16A-5326)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Osteopathic Medicine obtain required training in child abuse recognition and reporting.	Aaron Hollinger [phone]
Prescribing 49 Pa. Code § 25.218 (#16A-5330)	Winter 2016-17, as Proposed	The State Board of Osteopathic Medicine proposes this rulemaking to set forth the minimum acceptable standards of practice that an osteopathic physician or physician assistant licensed by the Board must follow when prescribing, administering or dispensing controlled substances or one specific additional drug which shares serious potential for addiction and abuse (butalbital). Butalbital is a barbiturate that is known to have addictive and abuse potential and is prone to overuse by the consumer.	Aaron Hollinger [phone]
Acupuncture 49 Pa. Code §§ 25.231 and 25.301—25.314 (#16A-5331)	Winter 2016-17, as Proposed	This proposed rulemaking implements the act of September 24, 2014 (P.L. 2472, No. 134) which amended the Acupuncture Licensure Act (63 P.S. §§ 1801—1806.1) to require acupuncturists and practitioners of Oriental medicine to carry professional liability insurance and to permit these licensees to provide services without a diagnosis from a physician, podiatrist or dentist for asymptomatic patients. It also makes general updates to the regulations to be consistent with the regulations of the State Board of Medicine relating to acupuncture.	Aaron Hollinger [phone]
Physician Assistant Supervisory Agreements 49 Pa. Code Chapter 25, Subchapter C (#16A-5332)	Winter 2016-17, as Proposed	The rulemaking is needed to bring the Board's existing regulations relating to physician assistant supervisory agreements (written agreements) into conformity with changes made by the act of November 27, 2013 (P.L. 1145, No. 101) with regard to physician review and countersignature of patient charts for patients seen by physician assistants.	Aaron Hollinger [phone]
State Board of Pharmacy
Compounding Practices 49 Pa. Code Chapter 27 (#16A-5419)	Summer 2016, as Proposed	Through careful review and with input from stakeholders, the State Board of Pharmacy proposes to update its regulations to incorporate developments and improvements in the profession's safe, sterile practices and procedures for the compounding of pharmaceutical products for patients.	Melanie Zimmerman [phone]
Child Abuse Reporting Requirements 49 Pa. Code Chapter 27 (#16A-5430)	Fall 2016, as Proposed	This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensees of the State Board of Pharmacy. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the Board obtain required training in child abuse recognition and reporting.	Melanie Zimmerman [phone]
Administration of Injectable Medications, Biologicals and Immunizations 49 Pa. Code §§ 27.401—27.407 (#16A-5431)	Fall 2016, as Proposed	In June of 2015, the Pharmacy Act was amended to reduce the age of patients that a pharmacist could administer influenza vaccines from 18 to 9 and to allow pharmacy interns to administer injectable medications, biologicals and immunizations. This rulemaking implements the 2015 amendments to the act.	Melanie Zimmerman [phone]
State Board of Physical Therapy
Continuing Education Enforcement 49 Pa. Code §§ 40.67(f) and 40.192(f) (#16A-6515)	Fall 2016, as Final	In conjunction with the civil penalty schedule that follows, this rulemaking would amend the continuing education regulations with regard to enforcement. To obtain greater compliance with the underlying continuing education requirements, this rulemaking amends the Board's regulations to address curing the deficiency when a licensee is found to be in violation of the continuing education regulations.	Michelle Roberts [phone]
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (#16A-6516)	Fall 2016, as Final	This rulemaking would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. As is being done for other licensing boards with continuing education requirements, the Commissioner is proposing a civil penalty schedule for violation of the continuing education requirements for licensees of the Board, because the Commissioner and Board believe the Act 48 citation process will be a much more efficient method of handling these violations, while still ensuring licensees due process.	Michelle Roberts [phone]
Post-Act 38 Corrections 49 Pa. Code Chapter 40 (#16A-6517)	Winter 2016-17, as Final	The act of July 4, 2008 (P.L. 293, No. 38) (Act 38) substantially amended the act, including qualifications for licensure as a physical therapist, continuing education for all physical therapists and physical therapist assistants, professional liability insurance for all physical therapists, physician referral, and supervision of physical therapist assistants by physical therapists on a basis that may be less than direct on-premises supervision. Due to the extensive nature and breadth of these amendments, on December 22, 2012, at 42 Pa.B. 7652, the Board amended its regulations to implement Act 38. After final promulgation, the Board discovered various typographical errors to correct, necessary clarity edits and other items that were not, but could have been, addressed in the prior rulemaking. This rulemaking proposes to address those items.	Michelle Roberts [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 40.201—40.207 (#16A-6518)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Physical Therapy obtain required training in child abuse recognition and reporting.	Michelle Roberts [phone]
State Board of Podiatry
General Revisions 49 Pa. Code Chapter 29 (#16A-448)	Fall 2016, as Proposed	This proposed regulation would be a general update addressing unprofessional conduct and code of ethics; return to practice after a period of absence; CE reporting, auditing and enforcement; licensure by reciprocity. It also removes outdated regulations and makes the regulations gender-neutral. The regulation is needed to keep the profession current and assure that the regulations reflect current practices.	Aaron Hollinger [phone]
Certificate of Authority to Perform Acupuncture 49 Pa. Code Chapter 29 (#16A-449)	Winter 2016-17, as Proposed	This proposed rulemaking would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Through this rulemaking the State Board of Podiatry strives to ensure that podiatrists who perform acupuncture will have the proper training.	Aaron Hollinger [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 29.91—29.97 (#16A-4412)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Podiatry obtain required training in child abuse recognition and reporting.	Aaron Hollinger [phone]
Schedule of Civil Penalties— Podiatrists 49 Pa. Code Chapter 43b (#16A-4413)	Fall 2016, as Final	This proposed rulemaking would adopt a schedule of civil penalties for continuing education and lapsed license violations. This is the first time that the State Board of Podiatry will participate in the Act 48 citation program. The Commissioner and the Board believe that it is necessary to implement the civil penalties contained in this proposed rulemaking in order to streamline the disciplinary process.	Aaron Hollinger [phone]
State Board of Psychology
Continuing Education 49 Pa. Code § 41.59 (#16A-6317)	Fall 2016, as Proposed	The Board, in its effort to continually review the efficacy of its regulations, has again reviewed the continuing education regulations and has determined that amendments are needed to update, revise and clarify the continuing education requirements. This proposed rulemaking would amend the requirements relating to home study, instruction and carry over.	Chris Stuckey [phone]
Code of Ethics 49 Pa. Code § 41.61 (#16A-6324)	Fall 2016, as Proposed	This proposed rulemaking would update the Board's Code of Conduct to adopt the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct and various enumerated APA practice guidelines.	Chris Stuckey [phone]
Qualifications 49 Pa. Code § 41.31 (#16A-6320)	Fall 2016, as Proposed	In 2010, the Board published amendments to the regulations relating to education, examination and experience requirements for licensure. Since then, the Board has determined that additional amendments are needed to provide greater clarity.	Chris Stuckey [phone]
Child Abuse Reporting Requirements 49 Pa. Code Chapter 41 (#16A-6322)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Psychology obtain required training in child abuse recognition and reporting.	Chris Stuckey [phone]
Volunteer Licenses 49 Pa. Code Chapter 41 (#16A-6325)	Winter 2016-17, as Proposed	This proposed rulemaking would implement the 2014 amendments to the Volunteer Health Services Act, which extended the coverage of the law to include mental health services.	Chris Stuckey [phone]
State Board of Certified Real Estate Appraisers
Schedule of Civil Penalties— Real Estate Appraisers 49 Pa. Code § 43b.15a (#16A-7016)	Fall 2016, as Proposed	The proposed rulemaking will codify and amend the Board's current schedule of civil penalties. Since the publication of the schedule in 2004, there have been several amendments to the Real Estate Appraiser Certification Act (REACA) which have altered several provisions that were included in the current schedule of civil penalties. In addition, the experience of the Board during the intervening years has demonstrated that additional violations, for example, continuing education violations, are appropriately disposed by the Act 48 citation process.	Heidy Weirich [phone]
Assessment Record Keeping and Reporting 49 Pa. Code §§ 36.201 and 36.265 (#16A-7018)	Fall 2016, as Proposed	The proposed rulemaking updates the Board's regulations to reflect current practice followed by assessment offices throughout the Commonwealth, and to assure consistency with Uniform Standards of Appraisal Practice (USPAP) and International Association of Assessing Officers (IAAO) standards of assessment practice.	Heidy Weirich [phone]
General Rulemaking for Appraisal Management Companies 49 Pa. Code Chapter 36 (#16A-7021)	Winter 2016-17, as Final	The proposal would govern the registration of appraisal management companies as required by the Appraisal Management Company Registration Act, 63 P.S. §§ 457.21—457.31. Temporary regulations pertaining to appraisal management companies expired on February 1, 2015.	Heidy Weirich [phone]
General Revisions for Certified Real Estate Appraisers 49 Pa. Code Chapter 36 (#16A-7022)	Fall 2016, as Proposed	This proposed rulemaking updates the Board's regulations to reflect mandated Federal changes made by the Appraisal Qualifications Board of the Appraisal Foundation, which is charged with establishing education and experience requirements for real estate appraisers under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA).	Heidy Weirich [phone]
State Real Estate Commission
Seller Property Disclosure Statement 49 Pa. Code § 35.335a (#16A-5623)	Fall 2016, as Final-Omitted	This final-form rulemaking amends the seller property disclosure statement to comport to amendments made to the Real Estate Seller Disclosure Law in 2015 to include disclosures relating to sink holes and storm water facilities.	Krista Lisenbach
Team Advertising 49 Pa. Code Chapter 35 (#16A-5616)	Fall 2016, as Proposed	This proposed rulemaking establishes standards for team advertising. A number of licensed real estate professionals advertise and operate in groups known as ''teams.'' Teams are not defined or recognized under the Real Estate Licensure and Registration Act. These teams are not brokerages and could be easily confused by the public for a real estate broker in advertising. The Commission is now proposing these regulations to set binding standards for the advertisement of teams.	Krista Lisenbach
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Child Abuse Reporting Requirements 49 Pa. Code Chapters 47, 48 and 49 (#16A-6919)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors obtain required training in child abuse recognition and reporting.	Sandra Matter [phone]
Licensed Bachelor Social Worker 49 Pa. Code Chapter 47 (#16A-6922)	Fall 2016, as Proposed	The proposed rulemaking would amend the Board's regulations to implement the act of October 22, 2014 (P.L. 2884, No. 179) (Act 179) which provides for the establishment of a bachelor level social worker's license. The proposal establishes fees, licensure requirements, continuing education requirements, and standards of practice for licensed bachelor social workers.	Sandra Matter [phone]
General Revisions 49 Pa. Code Chapters 47, 48 and 49 (#16A-6923)	Fall 2016, as Proposed	Beginning in 2012, and culminating with this proposed rulemaking, the Board has undertaken a comprehensive review of its regulations relating to qualifications for licensure, supervision of clinical experience, including the provision of supervision through electronic means, and continuing education. The purpose of this rulemaking is to eliminate outdated provisions, update standards to reflect modern technology, and to modernize the Board's processes relating to licensure.	Sandra Matter [phone]
Volunteer Licenses 49 Pa. Code Chapters 47, 48 and 49 (#16A-6924)	Winter 2016-17, as Proposed	This proposed rulemaking would implement the 2014 amendments to the Volunteer Health Services Act which extended the coverage of the act to include the provision of mental health services. The rulemaking will allow licensees of the board to obtain volunteer licenses to permit them to provide mental health services through approved clinics or on referral from an approved organization without remuneration, provided they do not otherwise active practice.	Sandra Matter [phone]
State Board of Examiners in Speech-Language Pathology and Audiology
General Revisions 49 Pa. Code Chapter 45 (#16A-6803)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations to delete or amend outdated provisions and to implement the act of July 2, 2014 (P.L. 971, No. 106) (Act 106 of 2014), which eliminated licensure of teachers of the hearing impaired and made other revisions to the Speech- Language Pathologists and Audiologists Licensure Act.	Sandra Matter [phone]
Child Abuse Reporting Requirements 49 Pa. Code §§ 45.401—45.407 (#16A-6805)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Examiners in Speech-Language Pathology and Audiology obtain required training in child abuse recognition and reporting.	Sandra Matter [phone]
State Board of Veterinary Medicine
Licensure of Euthanasia Technicians 49 Pa. Code Chapter 31 (#16A-5726)	Summer 2016, as Proposed	This proposed rulemaking is necessary to implement the act of October 24, 2012 (P.L. 1452, No. 182) (Act 182 of 2012) which amended the Animal Destruction Method Authorization Law to require the State Board of Veterinary Medicine to register animal welfare organizations and to license euthanasia technicians to permit the organizations to purchase controlled substances and employ euthanasia technicians for the humane euthanasia of small domestic animals.	Michelle Roberts [phone]
State Employees' Retirement System (SERS)
Time for Recomputation of Annuity 4 Pa. Code § 247.5.1 (#31-14)	October 2016, as Final	This rulemaking would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including possibly permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event. This would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j). The proposed deadline is seven years after the death, divorce or marriage triggering such right or upon occurrence of a superseding triggering event under § 5907(j), whichever occurs first. After receiving the approval of the Office of General Counsel, Governor's Policy Office and Office of Budget, SERS delivered the final-form regulation packages to the House State Government Committee, the Senate Finance Committee, and IRRC on June 2, 2016. The final-form regulation is listed on IRRC's Public Meeting Agenda for its July 21, 2016 meeting and is identified as ''Deemed Approved.''	M. Catherine Nolan, Esq. [phone] Sharon Smith, Legislative Specialist [phone] Jay Pagni, Director of Communications and Policy [phone]
Member Contributions for the Purchase of Credit for Previous State Service or to Become a Full Coverage Member 4 Pa. Code § 245.4 (#31-14)	October 2016, as Final	This rulemaking would clarify the effects of the reinstatement or purchase of previous State service. An appellate and a Board decision have offered partial guidance in this area. This would enable consistent application of the statute and would reduce litigation of purchase of service issues. Member contributions for the purchase of credit for previous State service or to become a full coverage member. Any SERS member or multiple service member of the Public School Employees' Retirement System (''PSERS'') who applies to purchase credit for previous optional State service, must purchase credit for all such service simultaneously and it would also extend the payroll deduction payment period from the currently customary three years to six years. After receiving the approval of the Office of General Counsel, Governor's Policy Office and Office of Budget, SERS delivered the final-form regulation packages to the House State Government Committee, the Senate Finance Committee, and IRRC on June 2, 2016. The final-form regulation is listed on IRRC's Public Meeting Agenda for its July 21, 2016 meeting and is identified as ''Deemed Approved.''	M. Catherine Nolan, Esq. [phone] Sharon Smith, Legislative Specialist [phone] Jay Pagni, Director of Communications and Policy [phone]
Department of Transportation (DOT)
Temporary Registration Cards and Plates 67 Pa. Code Chapter 43	Winter 2016, as Proposed	This rulemaking will effectuate consistent validity periods applicable to temporary registration cards and cardboard temporary registration plates for a vehicle which is acquired in Pennsylvania for in- and out-of-state registration and use.	Anita Wasko [phone] Jeffrey Spotts [phone]
School Bus Drivers—Physical and Mental Criteria 67 Pa. Code Chapter 71	Winter 2016, as Final	This rulemaking will update the medical standards for school bus drivers that have brain disease, cognitive impairment or a mental/emotional disorder.	Laura Krol [phone] Jeffrey Spotts [phone]
School Bus Drivers—Vision Standards and Loss of Consciousness Requirements 67 Pa. Code Chapter 71	Winter 2016, as Final	This rulemaking will update the medical standards for school bus drivers who have a loss of consciousness of unknown or uncategorized etiology and establish field of vision requirements.	Laura Krol [phone] Jeffrey Spotts [phone]
Photographic Driver's License 67 Pa. Code Chapter 73	Winter 2016, as Proposed	This rulemaking will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a driver's license.	Kara N. Templeton [phone] Jeffrey Spotts [phone]
Physical and Mental Criteria Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	Winter 2016, as Final	This rulemaking will update the medical standards for license holders that have brain disease, cognitive impairment or a mental/emotional disorder.	Laura Krol [phone] Jeffrey Spotts [phone]
Vision Standards and Loss of Consciousness Requirements Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	Winter 2016, as Final	This rulemaking will update the medical standards for license holders who have a loss of consciousness of unknown or uncategorized etiology and establish field of vision requirements.	Laura Krol [phone] Jeffrey Spotts [phone]
Actual Name on Certificate of Title, Driver's License, and Identification Card 67 Pa. Code Chapter 85	Fall 2016, as Proposed	This rulemaking will expand the options married individuals have with respect to their surname as listed on such documents as a vehicle title, driver's license or identification card from the Department.	Chris Miller [phone] Jeffrey Spotts [phone]
Identification Cards 67 Pa. Code Chapter 91	Winter 2016, as Proposed	This rulemaking will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a Department issued identification card.	Kara N. Templeton [phone] Jeffrey Spotts [phone]
Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic 67 Pa. Code Chapter 101	Summer 2016, as Final	This rulemaking amends existing regulations to be consistent with Department regulations at 67 Pa. Code 212 and Federal law (see, e.g., 23 C.F.R. Part 634).	Glenn Rowe, P.E. [phone] Jeffrey Spotts [phone]
Mechanical Electrical and Electronic Speed Timing Devices 67 Pa. Code Chapter 105	Summer 2016, as Final	This rulemaking will update existing regulations to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures.	Kay Kishbaugh [phone] Jeffrey Spotts [phone]
Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	Summer 2016, as Proposed	This rulemaking updates vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations made by the Department's Inspection Advisory Board.	Kay Kishbaugh [phone] Jeffrey Spotts [phone]
Hauling in Excess of Posted Weight Limit 67 Pa. Code Chapter 189	Winter 2016, as Final	This rulemaking will update regulations to be consistent with amendments to the Vehicle Code under Act 89 of 2013.	Halley Cole, P.E. [phone] Jeffrey Spotts [phone]
Official Traffic Control Devices 67 Pa. Code Chapter 212	Winter 2016, as Proposed	This rulemaking is needed to adopt revisions to the Manual on Uniform Traffic Control Devices (MUTCD) as applicable in Pennsylvania; to update references to Department publications; and to establish that the Secretary may determine the Department will install, operate, or maintain traffic signals, including certain traffic signal corridors (in lieu of local entities), as authorized by Act 89 of 2013.	Glenn Rowe, P.E. [phone] Jeffrey Spotts [phone]
Intrastate Motor Carrier Safety 67 Pa. Code Chapter 231	Fall 2016, as Proposed	This rulemaking is necessary to waive hours of service and other requirements for mass transportation organizations and their drivers, while establishing new requirements consistent with the public interest.	Danielle Spila [phone] Jeffrey Spotts [phone]
Hazardous Material Transportation 67 Pa. Code Chapter 403	Summer 2016, as Proposed	This rulemaking will remove outdated or superfluous language in the Department's Hazardous Materials regulations and ensure consistency with Federal regulations.	Glenn Rowe, P.E. [phone] Jeffrey Spotts [phone]

[Pa.B. Doc. No. 16-1182. Filed for public inspection July 8, 2016, 9:00 a.m.]