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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 11-198b

[41 Pa.B. 679]
[Saturday, January 29, 2011]

[Continued from previous Web Page]

Regulation Being
Considered
Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
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—43b.102
(16A-45)




Spring 2011, as Final.








Spring 2011, as Proposed.










Spring 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 Final.




Spring 2010, as Proposed.





Summer 2011, as Final.



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 Architects Licensure Board

—General Revisions—
49 Pa. Code
Chapter 9
(number not yet assigned)

—Experience Requirement—
49 Pa. Code § 9.46
(16A-4120)



Fall 2011, as Proposed.






Spring 2011, as Proposed.



This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).


This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).



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

—Fees—
49 Pa. Code § 3.103
(16A-428)



Spring 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)



Spring 2011, as Proposed.






Spring 2011, as Final.





Spring 2011, as Final.






Spring 2011, as Proposed.




Spring 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)


Spring 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 § 43b.5.
(number not yet assigned)



Spring 2011, as Proposed.









Spring 2011, as Proposed.





Spring 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)



Spring 2011, as Final.




Spring 2011, as Proposed.







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.



Lisa Burns
(717) 783-7162
—EFDA Scope of Practice—
49 Pa. Code § 33.205a
(16A-4624)






—Volunteer License—
49 Pa. Code § 33.110
(Number not yet assigned)
Spring 2011, as Proposed.









Spring 2011, as Final (proposed- omitted).
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).
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)







Spring 2011, as Proposed.














Spring 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).







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)



Summer 2011, as Proposed.




Spring 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)



Spring 2011, as Proposed.






Spring 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—18
(16A-4925)









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

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




—Licensure of Respiratory Therapists and Physician Assistants—
49 Pa. Code
Chapter 18
(16A-4930)



Spring 2011, as Proposed.












Spring 2011, as Proposed.





Spring 2011, as Final.







Spring 2011, as Proposed.



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.

The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments.



Tammy Dougherty
(717) 783-1400
State Board of Medicine

—Perfusionists—
49 Pa. Code
Chapter 18, Subchapter J
(16A-4931)



—Certified Midwives—
49 Pa. Code
Chapter 18
(16A-4932)









—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b
§ 43b.20
(number not yet assigned)



Spring 2011, as Final.






Summer 2011, as Proposed.













Spring 2011, as Proposed.



The rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.

The proposed rulemaking would provide for the licensure of ''certified'' midwives as suggested by the Commonwealth Court's decision in Goslin v. State Board of Medicine, 949 A.2d 372. Statutory Authority: Sections 1 and 2 of the Midwife Registration Law of 1929, 63 P. S. §§ 171 and 172, and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, make it unlawful to practice as a midwife without a certificate from the Medical Board and authorize the Board to issue rules and regulations as may be necessary for the examination, licensing and proper conduct of the practice of midwifery by midwives.

This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).



Tammy Dougherty
(717) 783-1400
State Board of Nursing

—LPN / IV Therapy—
49 Pa. Code § 21.145
(16A-5122)

—Updated Applications—
49 Pa. Code § 21.151
(16A-5134)









Spring 2011, as Final.



Spring 2011, as Proposed.











This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.

The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.



Ann Steffanic
(717) 783-7142
—Reactivation/ Re-licensure after Lapse—
49 Pa. Code
Chapter 21
(16A-5135)





—Out of State Nursing Education Programs using Pennsylvania Clinical Sites—
49 Pa. Code
Chapter 21
(16A-5137)
Summer 2011, as Proposed.









Summer 2011, as Proposed.
This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.

This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.
State Board of Nursing

—Fees for Nursing Education Programs—
49 Pa. Code
Chapter 21
(number not yet assigned







—Volunteer License—
49 Pa. Code
Chapter 21
Subchapter F
§§ 21.601—21.607.
(number not yet assigned)



Spring 2011, as Proposed.












Spring 2011, as Final (Proposed- omitted).



This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board.

This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).



Ann Steffanic
(717) 783-7142
State Board of Examiners of Nursing Home Administrators

—Sexual Misconduct—
49 Pa. Code §§ 39.1 and 39.9
(16A-6211)





Summer 2011, as Proposed.








This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g).




Chris Stuckey
(717) 783-7155
—Continued Competence—
49 Pa. Code
Chapter 39
(16A-6213)



—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b
§ 43b.17
(number not yet assigned)
Spring 2011, as Proposed.






Spring 2011, as Proposed.
This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4),(9) and (c).

This regulation 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. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Occupational Therapy Education and Licensure

—Continued Competency—
49 Pa. Code §§ 42.50—42.58
(16A-677)





Winter 2010-2011, as Proposed.





The proposed rulemaking would implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).





Chris Stuckey
(717) 783-1389
State Board of Optometry

—Continuing Education—
49 Pa. Code §§ 23.81 and 23.82.
(16A-5212)





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

—Volunteer License—
49 Pa. Code § 23.26
(number not yet assigned)



Spring 2011, as Final (Proposed- omitted).







Spring 2011, as Proposed.






Spring 2011, as Final (Proposed- omitted).



This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the 2 years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5).

This proposed regulation would adopt a schedule of civil penalties for continuing education violations. 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.



This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).



Deborah Smith
(717) 783-7155
State Board of Osteopathic Medicine

—Miscellaneous Provisions—
49 Pa. Code
Chapter 25
(16A-5319)







—Perfusionists—
49 Pa. Code
Chapter 25
(16A-5320)




—Licensure of Respiratory Therapists and Physician Assistants—
49 Pa. Code
Chapter 25
(16A-5321)


—Volunteer License—
49 Pa. Code, Chapter 25 Subchapter L
§§ 25.601—25.607.
(number not yet assigned)

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



Spring 2011, as Proposed.










Spring 2011, as Final.






Spring 2011, as Proposed.








Spring 2011, as Final (Proposed- omitted).




Spring 2010, as Proposed.



This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.

The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 161, No. 20) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.

The proposed rulemaking implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.

This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.


This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).



Gina Bittner
(717) 783-4858
State Board of Pharmacy

—Compounding Practices—
49 Pa. Code
Chapter 27
(16A-5419)






Spring 2011, as Proposed.









This rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs.



Melanie Zimmerman
(717) 783-7156
—Cancer Drug Repository Program—
49 Pa. Code
Chapter 27
(16A-5423)




—Pharmacy Internship—
49 Pa. Code
Chapter 27
(16A-5424)




—Drug Therapy Management—
49 Pa. Code
Chapter 27
(16A-5425)



—Emergency Preparedness—
49 Pa. Code
Chapter 27
(16A-5426)
Spring 2011, as Proposed.







Spring 2011, as Proposed.







Spring 2011, as Proposed.






Summer 2011, as Proposed.
The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act.

This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.

This proposed rulemaking would implement Act 29 of 2010, which provides for collaborative drug therapy management between a pharmacist and a licensed physician. Statutory Authority: Section 5 of the act of June 1, 2010 (P. L. 201, No. 29) requires the Board to promulgate regulations to implement Act 29 within 18 months of its effective date.

The proposed rulemaking would establish procedures and standards for the operation of remote emergency pharmacies in the event of an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).
State Board of Pharmacy

—General Revisions to Standards of Practice—
49 Pa. Code § 27.18
(16A-5427)

—Correctional Facility Drug Redistribution—
49 Pa. Code
Chapter 27
(number not yet assigned)

—Electronic Prescribing of Controlled Substances—
49 Pa. Code
Chapter 27
(number not yet assigned)

—Schedule of Civil Penalties—
49 Pa. Code § 43b.7
(number not yet assigned)



Summer 2011, as Proposed.




Summer 2011, as Proposed.






Fall 2011, as Proposed.







Spring 2011, as Proposed.



This proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).


This proposed rulemaking is required to conform the Board's regulations to the act of July 9, 2010 (P. L. 457, No. 59), which permits a vendor pharmacy to redistribute drugs returned by a correctional facility to other correctional facilities. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).

This proposed rulemaking is intended to establish standards for pharmacies and pharmacists to receive, dispense and archive electronic prescriptions for controlled substances to comport with recent regulations promulgated by the Federal Drug Enforcement Agency. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).

This regulation would amend the schedule of civil penalties for the State Board of Pharmacy to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).



Melanie Zimmerman
(717) 783-7156
State Board of Physical Therapy

—Act 38 Revisions—
49 Pa. Code
Chapter 40
(16A-6514)






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



Spring 2011, as Proposed.








Spring 2011, as Proposed.



The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008.

This regulation 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. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).



Michelle Roberts
(717) 783-7134
State Board of Podiatry

—Certificate of Authority to Perform Acupuncture—
49 Pa. Code
Chapter 29
(16A-449)

—Schedule of Civil Penalties—
Podiatrists 49 Pa. Code
Chapter 43b
(Number not yet assigned)

—Volunteer License—
49 Pa. Code § 29.55
(number not yet assigned)



Spring 2011, as Proposed.





Spring 2011, as Proposed.






Spring 2011, as Final (Proposed-
omitted).



This regulation would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.


This proposed regulation would adopt a schedule of civil penalties for continuing education violations. 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.



This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.



Gina Bittner
(717) 783-4858
State Board of Psychology

—Continuing Education—
49 Pa. Code § 41.59
(16A-6317)


—Code of Conduct—
49 Pa. Code § 41.61
(16A-6318)







Fall 2011, as Proposed.




Spring 2011, as Proposed.








This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.

This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).



Chris Stuckey
(717) 783-7155
—Education—
49 Pa. Code § 41.31
(16A-6320)


—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b
(number not yet assigned)
Summer 2011, as Proposed.



Spring 2011, as Proposed.
This regulation would clarify the education and examination requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).

This regulation would establish a schedule of civil penalties for the State Board of Psychology to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Certified Real Estate Appraisers

Continuing Education Enforcement—
49 Pa. Code
§§ 36.41 and 36.241
(16A-7016)

Schedule of Civil Penalties
—Real Estate Appraisers—
49 Pa. Code § 43b.15a
(16-49)




Spring 2011, as Proposed.




Spring 2011, as Proposed.




The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).

The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. 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, with the approval of the Board.




Heidy Weirich
(717) 783-3397
State Real Estate Commission

—Education—
49 Pa. Code
§ 35.384 and 35.385
(16A-5613)



—Advertising and Solicitation—
49 Pa. Code § 35.305
(16A-5620)


—Schedule of Civil Penalties—
49 Pa. Code § 43b.8
(number not yet assigned)



Summer 2011, as Final.





Spring 2011, as Proposed.




Spring 2011, as Proposed.



This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.

The proposed regulation would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.

This regulation would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).



Patricia Ridley
(717) 783-3658
State Board of Social Workers, Marriage and Family Thera- pists and Professional Counselors

—Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement—
49 Pa. Code
Chapters 47—49
(16A-6916)


—General Revisions—
49 Pa. Code
Chapters 47—49
(number not yet assigned)


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






Spring 2011, as Final.









Summer 2011, as Proposed.






Spring 2011, as Proposed.






This proposed rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008.

This proposed rulemaking will eliminate outdated regulations, and update existing regulations to comport with current standards of the profession and current practices of the Board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).

This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).






Sandra Matter
(717) 783-1389
State Board of Examiners in Speech- Language and Hearing

—General Revisions—
49 Pa. Code
Chapter 45
(number not yet assigned)





Summer 2011, as Proposed.





This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).





Sandra Matter
(717) 783-1389
State Board of Vehicle Manufac- turers, Dealers and Salespersons

—Salesperson License—
49 Pa. Code
Chapter 19
(16A-609)

—Fee for Out-of-state RV Dealer Participating in a Show—
49 Pa. Code § 19.4
(16A-6011)





Spring 2011, as Proposed.




Spring 2011, as Proposed.





This regulation would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).

This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-state RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).





Janice Cline
(717) 783-1697
State Board of Veterinary Medicine

—Dental Procedures—
49 Pa. Code
Chapter 31
(16A-5718)

—Facilities—
49 Pa. Code
Chapter 31
(16A-5720)


—Licensure, Continuing Education—
49 Pa. Code
Chapter 31
(16A-5724)



Spring 2011, as Final.




Spring 2011, as Proposed.




Spring 2011, as Final.



This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.


This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27.

The proposed regulation would update the Board's regulations with regard to original licensure, temporary permits, license renewal and continuing education. Statutory Authority: Sections 5(2), 8, 11 and 18 of the Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.5(2), 485.8, 485.11 and 485.18).



Michelle Roberts
(717) 783-7134

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