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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 12-262b

[42 Pa.B. 879]
[Saturday, February 11, 2012]

[Continued from previous Web Page]

Regulation Being Considered Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
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)





Spring 2012, as Final.








Summer 2012, as Proposed.









Fall 2012, 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 proposed rulemaking would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissioners or hearing examiners. Statutory Authority: Section 3 of the Commissioner of Professional and Occupational 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.

This proposed rulemaking 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)




Spring 2012, as Final.




Summer 2012, as Proposed.





Spring 2012, 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 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

—Experienced Requirement—
49 Pa. Code §§ 9.41 and 9.46 (16A-4120)




Summer 2012, as Proposed.




This proposed rulemaking would clarify that the experience requirement must be completed as a condition of licensure rather than as a condition of admittance to the licensing examination and is sufficient that an examination candidate has begun acquiring qualifying experience. Statutory Authority: Section 6(a) and (d) of the Architects Licensure Law, 63 P. S. § 34.6(a) and (b).




Penny Walker

(717) 783-3397
State Athletic Commission

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




Summer 2012, as proposed




The proposed rulemaking 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.




Martha Brown
(717) 783-0736
State Board of Auctioneer Examiners

—Schedule of
Civil Penalties—
49 Pa. Code § 43b.12a (16A-648)





Spring 2012, as proposed





The proposed rulemaking would make updates to the current schedule of civil penalties, as requested by 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.





Terri Kocher
(717) 783-3397
State Board of Barber Examiners

—Fees—
49 Pa. Code § 3.103 (16A-428)


—General Revisions—
49 Pa. Code
Chapter 3 (16A-429)




Spring 2012, as Proposed.




Fall 2012, 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.

The proposed rulemaking would update the regulations for barber managers, temporary student licenses, barber shops and schools of barbering. Statutory Authority: Section 10 of the Barbers License Law, 63 P. S. § 560




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 (16A-4321)




Spring 2012, as Proposed







Spring 2012, as Final.




Spring 2012, as Final.





Spring 2012, as Final.




Spring 2012, 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 proposed rulemaking 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 regulation 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 regulation 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 amend 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.




Mary Sue Ferster
(717) 783-7155
Corporation Bureau —UCC Revised
Article 9—(16-35)
Fall 2012, 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. 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)




Spring 2012, as Proposed.









Fall 2012, as Proposed.





Spring 2012, 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 proposed rulemaking 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 proposed rulemaking 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

—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)




Spring 2012, as Proposed.






Spring 2012, as Final.









Spring 2012, as Final (proposed-
omitted).



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. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.

This regulation 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)








Fall 2012, as Proposed.














Fall 2012, as Final.








The proposed rulemaking 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 regulation implements 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 Registration Board for Professional Engineers, Land Surveyors and Geologists—

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








Spring 2012, as Final.








The regulation would make necessary corrections to schedule of civil penalties relating to unlicensed practice and practice on a lapsed licensed required by the Commonwealth Court's decision in Evans v. Land Surveyors and Geologists, 15 A.3d 99 (Pa. Cmwlth. 2011). Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a).
State Board of Funeral Directors

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


Renewal;
Continuing Education Enforcement—
49 Pa. Code
Chapter 13 (16A-4819)

Schedule of
Civil Penalties—
Funeral Directors
49 Pa. Code § 43b.6 (16A-4820)




Fall 2012, as Proposed






Fall 2012, as Proposed





Fall 2012, as Proposed




The proposed rulemaking 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).

This proposed rulemaking would update and clarify the Board's regulations relating to renewal of licenses and enforcement of continuing education. Statutory Authority: Sections 10(b)(1) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b)(1) and 479.16(a).

This proposed regulation would establish a schedule of civil penalties for continuing education enforcement. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a).




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

—Statutorily Mandated Amendments—
49 Pa. Code
Chapter 15 (16A-6110)

—General Revisions—
49 Pa. Code
Chapter 15 (16A-6111)


—Schedule of
Civil Penalties—
Landscape Architects 49 Pa. Code
Chapter 43b. (16A-6120)




—Electronic Seals and Signing—
49 Pa. Code
Chapter 15 (16A-6121)




Spring 2012, as Final (proposed omitted).





Spring 2012, as Proposed






Spring 2012, as Proposed.







Fall 2012, as proposed




This 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 rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education. Statutory Authority: Section 4 of the Landscape Architects' Registration Law, 63 P. S. § 904.

This proposed rulemaking 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.

This proposed rulemaking will implement rules on electronic seals and signing from other design professional boards in Pennsylvania and other states. Statutory Authority: Sections 4 and 9 of the Landscape Architects' Registration Law, 63 P. S. §§ 904 and 909.




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

—Mcare Update—
49 Pa. Code
Chapters 16 and 17 (16A-4925)







—Use of Medical Devices and Lasers—
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)


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



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













Spring 2012, as Final (proposed-
omitted)









Spring 2012, as Proposed.




Spring 2012, as Final.







Spring 2012, as Proposed.








Spring 2012, as Proposed.






Fall 2012, as Proposed.
















The regulation deletes outdated references to the repealed Health Care Services Malpractice Act, 40 P. S. §§ 1301.101—1301.1006, and replaces it with references to the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. §§ 1303.101—1303.910. Statutory Authority: Section 8of 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.

The proposed rulemaking is intended to clarify the requirements of the use and delegation of the use of medical devices and medical lasers. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8

The regulation 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.

The regulation 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 1and 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.



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


—Prescribing—
49 Pa. Code § 16.92 (16A-4933)



—Genetic Counselors—
49 Pa. Code
Chapter 18
(number not
yet assigned)



—Licensure of Athletic Trainers—
49 Pa. Code
Chapter 18, Subchapter H (number not
yet assigned)

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

—Volunteer Licenses—
49 Pa. Code
Chapter 16 (16A-4934)




Spring 2012, as Proposed




Summer 2012, as Proposed







Summer 2012, as Final (proposed-
omitted)





Fall 2012, as Proposed.





Spring 2012, as Final (proposed-
omitted)




The proposed rulemaking would rewrite, simplify and update the Board's regulations relating to prescribing controlled substances and other drugs of abuse. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.

This proposed rulemaking would implement the act of December 22, 2011 (P. L. _, No. 125) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 125 of 2011 requires the Board to promulgate regulations within 12 months. Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, provides the general regulatory powers of the Board

This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification as amended by the act of December 22, 2011 (P. L._ No. 124). Statutory Authority: Section 8 of the Medical Practice Act of 1985. 63 P. S. § 422.8.


This proposed rulemaking 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).

This regulation will amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act (Acts 29 of 2007 and 58 of 2002). Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.


Navigation Commission of the Delaware River and its Navigable Tributaries

—General Revisions—
4 Pa. Code §§ 405.7, 405.8, and 405.12 (16A-663)







Spring 2012, as Proposed







The proposed rulemaking would require all currently licensed pilots to hold and maintain an active Federal first class pilot's license and endorsement of the routes to be traversed. Statutory Authority: Section 4 of the Act of March 29, 1803 (P. L. 542), 55 P. S. § 31, and section 2504-B(4) of the Administrative Code of 1929, 71 P. S. § 670.2(4)
State Board of Nursing

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

—Application Procedures—
49 Pa. Code § 21.151 (16A-5134)







—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)



—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 2012, as Final.



Summer 2012, as Proposed









Fall 2012, as Proposed









Summer 2012, as Proposed









Spring 2012, as Proposed.












Spring 2012, as Final (Proposed-
omitted).




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.

This proposed rulemaking 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 proposed rulemaking would 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.

This proposed rulemaking 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).




Cindy Miller
(717) 783-7142
State Board of Examiners of Nursing Home Administrators

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




—Continued Competence—
49 Pa. Code
Chapter 39 (16A-6213)



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





Summer 2012, as Proposed.






Spring 2012, as Proposed






Summer 2012, as Proposed.





This proposed rulemaking 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).

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





Chris Stuckey
(717) 783-7155
State Board of Occupational Therapy Education and Licensure

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




—Referrals by Certified Registered Nurses Practitioners and Physician Assistants—
49 Pa. Code
Chapter 42 (16A-678)






Spring 2012, as Final.







Spring 2012, as Final (Proposed omitted)











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).

The regulation would conform the board's regulations with changes made by Act 48 of 2007 and Act 45 of 2008, which permit CRNPs and Physician Assistants to make referrals to Occupational Therapists. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).






Judy Harner
(717) 783-1389
State Board of Occupational Therapy Education and Licensure (cont'd)

—Child Abuse Reporting Requirements—
49 Pa. Code
Chapter 42 (16A-679)






—Code of Ethics—
49 Pa. Code § 42.24 (16A-6710)






Spring 2012, as Final (proposed omitted)








Spring 2012, as Proposed






This regulation updates the Board's regulations on mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). 23 P. S. 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL requires the Board to promulgate regulations consistent with the CPSL; Section (5)(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b) directs the Board to adopt regulations consistent with law.


This proposed rulemaking would update and amend the Board's existing code of ethics to adopt the AOTA ethics standards. Statutory Authority: Section (5)(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).
State Board of Optometry

—Continuing Education—
49 Pa. Code §§ 23.81 and 23.82. (16A-5213)


Schedule of
Civil Penalties—
Optometrists
49 Pa. Code
Chapter 43b (16A-5212)

—Volunteer License— 49 Pa. Code § 23.26 (16A-5214)




Fall 2012, as Proposed




Summer 2012, as Proposed.





Spring 2012, as Final (Proposed-
omitted).




This proposed regulation would update the Board's regulations to conform to current practices. Statutory Authority: Sections 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.

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 Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).




Mary Sue Ferster
(717) 783-7155

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