Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 11-1111a

[41 Pa.B. 3614]
[Saturday, July 2, 2011]

[Continued from previous Web Page]

Regulation Being Considered Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b) 2,
963.13(c), 963.14(a),
963.15(a), 963(15) (c), 25 Pa. Code § 965.4(9) and 25 Pa. Code § 965.7.
Summer/fall 2011 PENNVEST recommends the following revisions:
(1) Delete 25 Pa. Code § 963.12(a)(6) in its entirety and the second sentence of 25 Pa. Code § 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq.
(2) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.
(3) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(4) Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary.
(5) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(6) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(7) Amend 25 Pa. Code § 965.4 (9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(8) Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million.
Shawn W. Weis (717)-783-6776
INSURANCE
Fraternal Beneficial Societies (31 Pa. Code Chapter 43) Spring 2011, as final omitted Delete an obsolete, unnecessary regulation relating to the establishment and valuation of reserves by fraternal beneficial societies. Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Written Rebuttals to Examiner's Report and Appeals of Orders Adopting Reports of Examination,
31 Pa. Code
Chapter 58a
Spring 2011, as proposed. The Department repealed outdated regulations relating to appeals from examinations because they were inconsistent with the current exam law. This new chapter will set forth procedures and standards consistent with the current statute. Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Life Insurance Illustrations
(New Chapter 87a)
Summer 2011, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore, Regulatory Coordinator 717-787-4429
LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Fall 2011 Update and improve existing regulations for administration and enforcement of the UCC and adopt appropriate provisions of Chapter 30 of the International Building Code (related to elevators and conveying systems Edward Leister 717-783-6304
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Winter 2012 Update the requirements for unattended self -service stations and adopt requirements for storage and dispensing of compress natural gas as vehicular fuel Edward Leister 717-783-6304
Boilers and Unfired Pressure Vessels, Title 34, Chapter 3a, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Winter 2012 Update the codes adopted to the current editions Edward Leister 717-783-6304
Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services Submit proposed rulemaking in Winter 2012 Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. David DeNotaris 717-783-3784
Unemployment Compensation Title 34, Chapter 101 Board of Review Submit proposed rulemaking in Fall 2011 Update appeal and hearing procedures to reflect evolving procedures and statutory changes Gerald Mackarevich 717-783-1232
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage Submit proposed rulemaking in Fall 2011 Update provisions and rescind expired Food-Service Employee Incentive Program James A. Holzman 717-787-4186
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225 Prohibition of Excessive Overtime in Health Care Act Submit proposed rulemaking in Fall 2011 Regulations to implement this law James A. Holzman 717-787-4186
Bureau of Labor Law Compliance, Title 34, Chapter 83, Welfare of Apprentices Submit proposed rulemaking in Fall 2011 Amend provisions to reflect Federal requirements. James A. Holzman 717-787-4186
Bureau of PENN-
SAFE Title 34, Chapters 301—323, Worker and Community Right
to Know
Submit proposed rulemaking by Dec. 2011 Amend the PA Hazardous Substance List Thomas J. Ward, Jr. 717-783-1826
Bureau of Labor Law Compliance, Title 34, Chapter 31 Seasonal Farm Labor Submit proposed rulemaking in Fall 2011 Update regulations and clarify jurisdiction James A. Holzman 717-787-4186
Office of Deaf and Hard of Hearing, Title 34, Chapter 501 Registration of Sign Language Interpreters and Transliterators Submit proposed rulemaking in Summer 201 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 717-783-4912
MILITARY AND VETERANS AFFAIRS
No regulations being developed or considered at this time.
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 203 Proposed regulations, September 2011 The Commission intends to update regulations promulgated pursuant to 53 Pa.C.S. § 2164(1), (8) and (14) (relating to Part III, Subpart C, of the Local Government Code). Syndi L. Guido 717-772-0905
Municipal Police Officers' Education and Training Commission. 37 Pa. Code Chapter 204 Final-omitted regulations, January 2012 The Commission to promulgate regulations to amend the Retired Law Enforcement Identification Act to conform to the statutory requirements of the federal Law Enforcement Officers Safety Act. Syndi L. Guido 717-772-0905
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 63, 65, 67, 69, 71, 73, 75, 77 ''Board of Probation and Parole'' December 2011, as proposed. Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices. Linda Laub, Acting Chief Counsel 717-787-8126
Addition of a section to 37 Pa. Code Part II. ''Board of Probation and Parole'' December 2011, as proposed. Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e). Colleen Fickel, Director, Central Services, PBPP 717-787-5699 x 292
37 Pa. Code, Chapter 79 The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5 (13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.'' December 2011, as proposed. Add new sections relating to ''Accidental Discharge,'' Break in Service,'' and ''Weapons Change.'' Todd Burns, Executive Director, FETC 717-787-5699 x 389
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Administration of County Children and Youth Programs
55 Pa. Code
Chapter 3130
December 2012, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children. Ruth O'Brien
(717) 783-2800
Participation Review Process for Medical Assistance Nursing Facilities 55 Pa. Code Chapter 1187 September 2011, as final-form Act 16 of 2007 requires the Department to promulgate regulations that establish the process and criteria to be used to review and respond to requests for increases in Medical Assistance certified nursing facility beds. Ruth O'Brien
(717) 783-2800
Transition to RUG-111 v.5.12 and Latest Assessment
55 Pa. Code
Chapter 1187
October 2011, as final-form This regulation will use 5.12 44 Grouper as a result of CMS's final rule (CMS 1410-F) directing states to transition from MDS 2.0 to MDS 3.0 on October 1, 2010. Ruth O'Brien
(717) 783-2800
Residential Treatment Facilities (RTF) 55 Pa. Code Chapters 31, 1157, 1165 March 2012, as final-form This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments are under review by the Department. Ruth O'Brien
(717) 783-2800
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5230 February 2012, as final-form The Office of Mental Health and Substance Abuse Services is in the process of amending the Commonwealth's Title XIX Medicaid State Plan to add Psychiatric Rehabilitation Services to the Rehabilitation option. This service is being added under the provision of 42 CFR 44.130(d) ''Rehabilitation Services.'' Psychiatric rehabilitation is a therapeutic rehabilitation service for individuals with mental illness designed to increase competence in normal life activities and allows individuals to pursue life goals with the greatest amount of independence. The regulation will promulgate the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS). Ruth O'Brien
(717) 783-2800
REVENUE
Amendments to Chapter 117. Return and Payment of Tax Proposed regulation published at
40 Pa.B. 3122 (June 12, 2010); August, 2011
as final
The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson 717-346-4633
Amendments to Estates & Trusts—
Personal Income Tax Regulations
61 Pa. Code,
Chapters 101, 103, 105 and 117
November, 2011, as proposed. The Department is promulgating this regulation to codify the Department's policy for the taxation of estates and trusts in the Commonwealth and to provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson 717-346-4633
Amended Returns—
Personal Income Tax Regulations
61 Pa. Code, Chapters 117, 119 and 121 November, 2011, as proposed The Department is promulgating this regulation to clarify the Department's policy on Amended Returns for Pa. PIT and replace outdated language. In addition, the regulation will provide clear instructions for taxpayers regarding petitions for refunds. Douglas Berguson 717-346-4633
Consolidation of Administrative Appeals under the Board of Appeals
61 Pa. Code,
Chapters 7 § 901
August, 2011, as proposed The Department is proposing regulations to consolidate the administrative appeals under the Board of Appeals and streamline the administrative appeals process. Douglas Berguson 717-346-4633
Amendments to
Pa. Gaming Cash Flow Management Regulations,
61 Pa. Code,
Chapter 1001
Final regulations published at
41 Pa.B. 41 (January 1, 2011) and codified in the March 2011 Supplement to the Pennsylvania Code.
The Department is promulgating a final-omitted rulemaking to amend the Pa. Gaming Cash Flow Regulations to include table game revenue as enacted under Act 1 of 2010. Douglas Berguson 717-346-4633
Amendments to Realty Transfer Tax Regulations
61 Pa. Code,
Chapter 91
September, 2011, as proposed Amendments to the Realty Transfer Tax regulations are being proposed to improve the clarity and effectiveness of the regulations. Douglas Berguson 717-346-4633
Amendments to Local Option Small Games of Chance
61 Pa. Code,
Chapter 901
September, 2011, as proposed The Department is proposing revisions to improve the clarity and effectiveness of the regulations relating to games of chance. Douglas Berguson 717-346-4633
General Provisions Application of Payments
61 Pa. Code,
Chapter 5a
December, 2011, 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 717-346-4633
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Professional and Occupational Affairs

—Schedule of
Civil Penalties for violations of the Clean Indoor Air Act 49 Pa. Code,
Chapter 43b. (16-46)




—Telephonic Testimony—
49 Pa. Code,
Chapter 43b.
(number not yet assigned)






—Recording Devices—
49 Pa. Code, §§ 43b.101 and 43b.102 (16A-45)





Fall 2011, as Final









Fall 2011, as Proposed.










Fall 2011, as Proposed.





This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.

This regulation would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissions or hearing examiners. Statutory Authority: Section 3 of the act of July 2, 1993 (P. L. 345, No. 48), authorizes the Commissioner of Professional and Occupational Affairs to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission, after consultation with the licensing boards and commissions.

The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.





Cynthia K. Montgomery (717) 783-7200
State Board of Accountancy

—Continuing Education—
49 Pa. Code §§ 11.61—11.69a (16A-5511)

—General Revisions—
49 Pa. Code
Chapter 11
(number not
yet assigned)

—Civil Penalty Schedule—
Accountants—
49 Pa. Code § 43b.10a. (16-48)




Summer 2011, as Proposed.




Fall 2011, as Proposed.




Summer 2011, as proposed.




The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.

This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.


This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.




Sara Fox
(717) 783-1404
State Athletic Commission

—Mixed martial
arts update—
58 Pa. Code
§ 28.30 (16-53)




Summer 2011, as Proposed.




The proposed regulation would alter the Commission's current MMA regulations to permit amateur contestants to petition to strike at an opponent's head when on the ground after at least four amateur bouts. Statutory Authority: Sections 103 (b) and 501 of the State Athletic Code, 5 Pa. C.S. §§ 103 (b)(1), authorizes the Commission to promulgate regulations regarding professional and amateur boxing contests and exhibitions.




Penny Walker
(717) 783-3397
State Board of
Barber Examiners

—Fees—
49 Pa. Code § 3.103 (16A-428)




Summer 2011, as Proposed.




The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.




Kelly Diller
(717) 783-3402
State Board of Chiropractic

—Chiropractic specialties—
49 Pa. Code Ch. 5 (16A-4312)




Review of Chiropractic Treatment—
49 Pa. Code
Chapter 5
(16A-4315)

Assistance of Unlicensed Supportive Personnel—
49 Pa. Code
Chapter 5
(16A-4316)

Licensure by Reciprocity—
49 Pa. Code § 5.13 (16A-4320)


Volunteer license— 49 Pa. Code § 5.20 (number not
yet assigned)








Fall 2011, as Proposed






Fall 2011, as Final.





Fall 2011, as Final.






Fall 2011, as Proposed.




Fall 2011, as Final (Proposed-
omitted).




The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).

This rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).



This rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601.



This proposed rulemaking would provide a revised method of licensing out-of-state chiropractors by reciprocity. Statutory Authority: Sections 302(3) and 504 of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.504.

This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302; and section 5 of the Volunteer Health Services Act, 35 P. S. § 449.45.




Deborah Smith
(717) 783-7155
Corporation Bureau —UCC Revised Article 9—
(16-35)
Fall 2011, as Proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526. Martha Brown
(717) 787-6802
State Board of Cosmetology

—Fees—
49 Pa. Code § 7.2 (16A-4515)








Sanitation—
49 Pa. Code
Chapter 7
(16A-4516)



Schedule of
Civil Penalties—
49 Pa. Code
Chapter 43b, § 43b.5. (number not
yet assigned)




Fall 2011, as Proposed.









Fall 2011, as Proposed.





Fall 2011, as Proposed.




The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period.

This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520.

This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).




Kelly Diller
(717) 783-7130
State Board of Dentistry

—EFDA Program Approval—
49 Pa. Code
Chapter 33 (16A-4616)

Anesthesia Update— 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (16A-4621)


EFDA Scope
of Practice—
49 Pa. Code § 33.205a.
(16A-4624)






Volunteer License— 49 Pa. Code § 33.110 (Number not
yet assigned)




Fall 2011, as Final.




Fall 2011, as Proposed.





Fall 2011, as Proposed.









Fall 2011, as Final (proposed-
omitted).




This regulation would establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).


This regulation would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.

This proposed rulemaking implements the act of April 29, 2010 (P. L. 176, No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. 176, No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3 (d.1) and (o) of the Dental Law (act), 63 P. S. § 122 (d.1) and (o).

This regulation would amend the current volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).




Lisa Burns
(717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists

—General Revisions—
49 Pa. Code
Chapter 37
(16A-479)












Qualifications for Licensure—
49 Pa. Code
Chapter 37 (16A-4711)




Schedule of Civil Penalties—Engineers, Land Surveyors and Geologists—
49 Pa. Code
Chapter 43b.
(16A-54)








Fall 2011, as Proposed.














Fall 2011, as Proposed.






Fall 2011, as Proposed








The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151.

The proposed rulemaking is needed to implement Act 25 of 2010, to provide for the certification of geologists-in-training, and to update the board's regulations concerning the licensure process for engineers and land surveyors. Statutory Authority: Section 4(l) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(l).

The proposed rulemaking would make necessary corrections to the schedule of civil penalties relating to unlicensed practice and practice on a lapsed licensed required by the Commonwealth Court's decisions in Evans v. State Registration Board for Professional Engineers, Land Surveyors and Geologists, 15 A.3d 99 (Pa. Cmwlth. 2011). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205 (a).








DeAndra Burger
(717) 783-7049
State Board of Funeral Directors

—Supervision at Funeral Services—
49 Pa. Code § 13.215 (number not
yet assigned)

General Revisions—
49 Pa. Code
Chapter 13
(Number not
yet assigned)




Fall 2011, as Proposed.




Fall 2011, as Proposed.




The proposed rulemaking would update the Board's regulations to address current practice. Statutory Authority: Sections 11(a)(5) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(5) and 479.16(a).

The amendments would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications, and supervisor responsibilities. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).




Heidy Weirich
(717) 783-3397
State Board of Landscape Architects

—Licensure Requirements
and Continuing Education—
49 Pa. Code
Chapter 15 (16A-6110)

—Schedule of Civil Penalties—Landscape Architects
49 Pa. Code
Chapter 43b.
(number not
yet assigned)




Fall 2011, as Proposed.






Fall 2011, as Proposed.




This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9).




This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.




Terrie Kocher
(717) 772-8528
State Board of Medicine

—General Revisions—
49 Pa. Code
Chapters 16, 17
and 18
(16A-4925)








Prescribing—
49 Pa. Code
Chapter 16 (16A-4927)

Behavior Specialists—
49 Pa. Code
Chapter 18 (16A-4929)




Fall 2011, as Proposed.












Fall 2011, as Proposed.



Fall 2011, as Final.




This proposed rulemaking would implement Acts 29, 46 and 48 of 2007, and would generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act.

This rulemaking would establish minimum standards of practice relating to internet prescribing and telemedicine. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.

The rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.




Tammy Dougherty
(717) 783-1400

[Continued on next Web Page]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.