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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 15-1385

NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[45 Pa.B. 4063]
[Saturday, July 25, 2015]

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

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

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

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

Regulation Being ConsideredProposed DateNeed and Legal Basis for
Agency Contact
of PromulgationAction
Office of ADMINISTRATION (OA)
No regulations being developed or considered at this time.
Department of AGING
Protective Services for Older Adults
6 Pa. Code Chapter 15
Winter 2015-2016, as Proposed The Older Adults Protective Services Act is under review in light of current interest in enhancing protections for vulnerable Pennsylvanians, the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al. (which found the current protective services law to be unconstitutional) and numerous technical and administrative provisions that need to be revised. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered in addition to this omnibus proposal. Denise Getgen
(717) 772-0184
Pennsylvania Community Adult Respite Services Program
Act 166 of 2014
Winter 2015-2016, as Proposed Act 166 of 2014 (P. L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program. The new law took effect in April 2015. Per Section 11 of the Act, the Department has one year to promulgate guidance, such as regulations or statements of policy governing these programs. These programs are intended to provide community adult respite to eligible persons for part of a 24 hour day, filling a niche between senior centers and older adult daily living centers. Kevin Longenecker
(717) 265-7568
Family Caregiver Support Program
6 Pa. Code Chapter 20
Winter 2015-2016, as Proposed This chapter became effective in July of 1992. It was last revised in 2007. Recently, the chapter was reviewed by a workgroup to address the lack of statewide uniformity for the Caregiver Support Program and to address the current and future needs of the caregiver. Revised regulations were drafted for executive review; however, due to the change of Administration and recent program developments, the stakeholder process will need to be revisited. Steve Horner
(717) 772-1221
Department of AGRICULTURE
Domestic Animal
7 Pa. Code Chapters 2, 3, 16, 18 and 20a
December 2015, as Proposed The long-term project is intended to update the Department's Regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389). Craig E. Shultz
(717) 772-2852
Weights and Measures Regulations 70 Pa. Code Chapters 1—101 September 2015, as Proposed This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. Walt Remmert
(717) 787-6772
Commercial Feed Rules and Regulations
7 Pa. Code Chapter 71
May 2015, as Proposed This regulation will replace
7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).
Erin Bubb
(717) 772-5215
Pet Food Rules and Regulations 7 Pa. Code Chapter 72 May 2015, as Proposed This regulation will replace
7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).
Erin Bubb
(717) 772-5215
Clean and Green Regulations
7 Pa. Code Chapter 137b
June 2015, as Final-Form This regulation will address statutory changes made by six separate amendments to the underlying statute, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
Agriculture Conservation Easement Purchase Program Regulations
7 Pa. Code Chapter 138e
April 2015, as Proposed This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
Pennsylvania Preferred Program Regulations
7 Pa. Code Chapter 107
August 2015, as Final-Form This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S.A §§ 4601—4611). Lela Reichart
(717) 783-8462
Horse Racing Regulations
58 Pa. Code Chapter 163
June 2015, as Proposed This regulation will amend 58 Pa. Code Sections 163.251—163.272 which relates to claiming horses. Walt Remmert
(717) 787-1942
Department of BANKING AND SECURITIES (DOBS)
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972 Summer 2015, as Proposed Required pursuant to 70 P. S. § 1-609 Leo Pandeladis
(717) 787-1471
Department of COMMUNITY AND ECONOMIC DEVELOPMENT (DCED)
Minority Business Development Authority
12 Pa. Code Chapter 81
(#4-98)
Fall 2015, as Proposed Proposed changes to the Minority Business Development Authority regulations seek to eliminate those sections of the existing regulations which impede the Pennsylvania Minority Business Development Authority's ability to be flexible and responsive to its target market by easing loan program requirements, such as requiring loan recipients to commit to ''full-time'' management of the company, and allowing more flexibility in setting loan amount caps, interest rates, job creation criteria, etc.

The regulations were originally submitted on November 5, 2014 as Final-Omitted Regulations. The Final-Omitted Regulations were withdrawn and will be submitted as Proposed Regulations.
Timothy M. Anstine
(717) 720-7312
Industrial Housing and Components
12 Pa. Code Chapter 145
(#4-95)
Fall/Winter 2015, as Final-Form Proposed changes to the Industrial Housing and Components regulations have gone through the proposed regulatory process and final regulations are set to be submitted in the spring of 2015. The changes seek to bring the regulations into compliance with a recent amendment to the Industrialized Housing Act, which extended the current standards and procedures to include commercial buildings, and to further strengthen and clarify the Department's role in monitoring the production and installation of industrialized housing in the Commonwealth.

As recommended by IRRC in its comments to the proposed rulemaking, an Advanced Notice of Final Rulemaking (ANFR) and Draft Final-Form Rulemaking were delivered to the Pennsylvania Bulletin for publication on June 27, 2015 to solicit comments on changes DCED recommends be made to the proposed rulemaking to make clear that the regulation applies to industrialized housing, buildings or housing or building components produced after the effective date of the regulation.
Marc A. Conte
(717) 720-7416
Department of CONSERVATION AND NATURAL RESOURCES (DCNR)
State Forests
17 Pa. Code Chapter 21
(#7B-7)
July 2015, as Final-Form A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502). Matt Beaver
(717) 783-4647
Wendy Carson
(717) 772-4171
State Forest Picnic Areas
17 Pa. Code Chapter 23
(#7B-7)
July 2015, as Final-Form The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502). Matt Beaver
(717) 783-4647
Wendy Carson
(717) 772-4171
Conservation of Pennsylvania Native Wild Plants
17 Pa. Code Chapter 45
September 2015, as Proposed Purpose of rulemaking is to update the department's listing of Pennsylvania's classified plant species. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Sections 305 and 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.305 and § 1340.313). Ellen Shultzabarger
(717) 214-3818
Wendy Carson
(717) 772-4171
Department of CORRECTIONS (DOC)
Reception and Discharge of Inmates
37 Pa. Code Chapter 91.3
September 2015, as Proposed The county reception regulations are being revised to be consistent with statutory law mandating that certain documentation be presented by the counties before inmate reception can occur. Randall Sears
(717) 728-7761
Inmate Correspondence
37 Pa. Code Chapter 93.2
September 2015, as Proposed The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards. Randall Sears
(717) 728-7761
Purchase for Inmates by Family and Friends
37 Pa. Code Chapter 93.4
September 2015, as Proposed Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards. Jaime Boyd
(717) 728-7761
Motivational Boot Camps
37 Pa. Code §§ 93.301—93.308
September 2015, as Proposed The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates. Jaime Boyd
(717) 728-7761
Department of DRUG AND ALCOHOL PROGRAMS (DDAP)
Drug and Alcolol Services
28 Pa. Code Chapter 157
Fall 2015, as Final-OmittedThis Chapter concerning drug and alcohol treatment provided by a hospital will be moved to Part V of 28 Pa. Code to consolidate all drug and alcohol regulations enforced by DDAP in one place within the Pa. Code. Act 50 of 2010 authorizes DDAP to modify existing drug and alcohol regulations.Tawny Mummah
(717) 787-9354
Governor's Council on Drug and Alcohol Abuse
4 Pa. Code Part XI (Chapters 251—265)
Fall 2015, as Final-OmittedThis Chapter concerning the Governor's Council on Drug and Alcohol Abuse will be moved to Part V of 28 Pa. Code to consolidate all drug and alcohol regulations enforced by DDAP in one place within the Pa. Code. Chapters strictly related to the Council will be repealed because the Council no longer exists.Tawny Mummah
(717) 787-9354
Standards for Licensure of Treatment Facilities
28 Pa. Code Chapter 709
Winter 2015/2016, as ProposedThe regulations will be revised to extend the licensing inspection period for those programs that score very high on critical issues relating to patient safety, and to address programs that fail to correct violations including in particular those that persistently fail and/or refuse to respond to serious licensure violations.Tawny Mummah
(717) 787-9354
Department of EDUCATION (PDE)
State Board of Private Licensed Schools
22 Pa. Code Chapter 73
(#6-334)
Fall 2015, as Proposed
(resubmitting to address changes requested by IRRC)
These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P. S. Section 6501, et. seq.). Patricia Landis
(717) 783-8228
Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63
January 2016, as Proposed These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P. S. section 6701 et. seq.). Robert Staver
(717) 783-6583
State Board of Education
22 Pa. Code Chapter 18
(#6-329)
Fall 2015, as Final-Form These regulations address criteria the Secretary of Education may consider in determining whether to designate a school district in financial recovery status and in determining whether a district is in moderate or severe recovery status. The regulations are promulgated under the authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101 et. seq. (24 P. S. § 621-A(A)(2)(I)). Karen Molchanow
(717) 787-3787
State Board of Education
22 Pa. Code Chapters 12, 14, 16 and 49
(#6-333)
Fall 2015, as Final-Omitted This regulation includes minor technical amendments to five existing sections in four chapters. It is necessary to rectify inconsistencies between these five sections and recent changes by the Board to Chapter 4. The regulation is promulgated under the authority of the Public School Code of 1949 (24 P. S. §§ 1-121, 26-2603-B, 26-2604-B). Karen Molchanow
(717) 787-3787
Standards for Approved Private Schools
22 Pa. Code Chapter 171,
Subchapters A and C
Fall 2015, as Proposed These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376(c.9) and 1376.1(f5) of the Public School Code of 1949 (24 P. S. 13-1376(c.8) and 1376.1(f5)). Ernie Helling
(717) 787-5500
Regulations of the State Library and Advisory Council on Library Development
22 Pa. Code Chapters 131, 133, 135, 127, 141, 142 and 143
Spring 2016, as Proposed The Department will be promulgating regulations under the authority of the Library Code of 2012, Act 210 of 2012,
P. N. 2411. The Department plans to update the regulations (promulgated in 1962) in 2015. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, grants for public library facilities and state document depositories.
Brian Dawson
(717) 783-2466
School Immunization Requirements
28 Pa. Code §§ 23.83, 23.85, and 23.86
Fall 2015, as Proposed The Department foresees working with the Department of Health on proposed regulatory changes relating to school immunization requirements, and specifically amending existing regulations to eliminate the provisional period for school entry/attendance. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; the Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949
(24 P. S. § 13-1303a).
Ernie Helling
(717) 787-5500
Statement of Policy setting for the bylaws of the Professional Standards and Practices Commission
22 Pa. Code Chapter 233
(#6-335)
Summer 2015
(will become effective
upon publication in
Pa. Bulletin)
This statement of policy sets forth the Commission's operating bylaws. The changes reflect recent amendments to the Educator Discipline Act and clarify the process and procedures for adjudication of educator misconduct complaints, including the factors to be considered in crafting disciplinary actions and the necessity of Commission approval of all settlement agreements. Shane Crosby
(717) 787-6576
ENVIRONMENTAL HEARING BOARD (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021
Fall 2015, as Proposed The Environmental Hearing Board has proposed the following revisions to its rules of practice and procedure: (1) amend sec. 1021.21 to correct an omission in the prior rule and recognize that an appeal can be instituted by the filing of a notice of appeal or a complaint depending on the statute at issue; (2) add a comment to sec. 1021.21 to notify out of state attorneys that they are not subject to the IOLTA fee when they appear pro hac vice in a Board proceeding; (3) clarify rules in sec. 1021.32 pertaining to electronic filing registration to conform to the registration form that is provided on the Board's electronic filing site; (4) clarify language in sec. 1021.33 pertaining to service by the Board; (5) amend sec. 1021.34 to explain that the Board will only serve copies of orders by mail to parties who have been excused from electronic filing; (6) clarify language in sec. 1021.39 to clarify when the date and time of filing will appear by the electronic filing provider; (7) amend 1021.51 to explain what appellant must attach with its notice of appeal; (8) correct a typographical error in sec. 1021.52(b); (9) amend the title of sec 1021.103 to include notices to attend and notices to produce; (10) amend comment to sec 1021.141 to clarify that the Board makes the determination of a dismissal with or without prejudice on a case-by-case basis; (11) add sec 1021.153 to Maryanne Wesdock
(412) 565-5245
John Dixon
(717) 329-7859
explain the procedure for filing an application for interlocutory appeal; and (12) amend sec. 1021.21 to correspond to appellate rules on filing petitions for review with the Commonwealth Court.
Department of ENVIRONMENTAL PROTECTION (DEP)
Land Reclamation Financial Guarantees and Bioenergy Crop Bonding
25 Pa. Code Chapter 86
(#7-489)
Approved by EQB*
Quarter 2, 2015, as Final-Form
(*Environmental Quality Board)
This final rulemaking implements Acts 95 and 157 which provide for an incentive for reclamation of mine sites with bioenergy crops and establish the Land Reclamation Financial Guarantee Program, respectively.
(Acts 95 and 157 of 2012)
Bill Allen
(717) 783-9580
wallen@pa.gov
Remining Requirements (Subchapters F and G Revisions)
25 Pa. Code Chapters 86 and 88
(#7-496)
Quarter 1, 2016, as Final-Form This rulemaking includes amendments to remining requirements in order to reflect changes enacted in EPA regulations. The rulemaking incorporates into the Pennsylvania regulations two statistical methods provided in the federal regulations, eliminating the need to implement methods via individual permits, and providing flexibility regarding the choice of statistical method based on site-specific factors. The rulemaking further provides for remining at sites in which it is infeasible to establish pollution baselines.
(Surface Mining Conservation and Reclamation Act)
Bill Allen
(717) 783-9580
wallen@pa.gov
Federal Office of Surface Mining (OSM) Program Consistency Updates
25 Pa. Code Chapters 86, 89 and 90
Quarter 2, 2016, as Proposed This proposed rulemaking will include amendments to Chapter 86 in order to comply with federal regulatory requirements, revisions to Chapter 89 effluent limits for passive treatment systems to comply with federal regulations, and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act.
(Surface Mining Conservation and Reclamation Act)
Bill Allen
(717) 783-9580
wallen@pa.gov
Handling and Use of Explosives
25 Pa. Code Chapters 210 and 211
Quarter 3, 2015, as Proposed This proposed rulemaking will revise current explosives regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate outdated requirements.
(Explosives Act of 1937; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act)
Rick Lamkie
(814) 472-1885
rlamkie@pa.gov
Areas Unsuitable for Surface Mining
25 Pa. Code Chapter 86
Quarter 1, 2016, as Proposed This proposed rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulation results from a petition submitted to the EQB by the Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations.
(Surface Mining Conservation and Reclamation Act)
Geoff Lincoln
(717) 783-9582
glincoln@pa.gov
Noncoal Program Fee Amendments
25 Pa. Code Chapter 77
Quarter 4, 2015, as Proposed This proposed rulemaking will increase fees in order to provide the funding for the Noncoal Mining Program, which implements the Noncoal Surface Mining and Conservation and Reclamation Act (NSMCRA). The rulemaking will provide more revenue in order to implement the NSMCRA, which requires operators to apply for and maintain active permits and licenses to mine noncoal minerals in Pennsylvania. In administering the noncoal mining program, DEP reviews and issues permits and conducts inspections to assure compliance with the permits and performance standards. The increased fee schedule includes increases in both the annual fee and permit fees to reflect the higher wage costs and actual benefit rate. The fees are in alignment with the statutory authorization of DEP to collect a reasonable filing fee.
(Noncoal Surface Mining and Conservation and Reclamation Act, Clean Streams Law)
Bill Allen
(717) 783-9580
wallen@pa.gov
Coal Mining Fee Amendments
25 Pa. Code Chapter 86
Quarter 4, 2015, as Proposed This proposed rulemaking will increase coal mining fees. Existing fees cover a small part of the costs of implementing the coal mining program. The coal mining program is paid, in part, by a grant from the Federal Office of Surface Mining. The proposed rulemaking is intended to cover a larger portion of the remaining costs. Proposed fee amounts will be updated to account for current costs for benefits, overhead, and support. Fees are also being recommended for additional applications previously omitted from the existing fee schedule in addition to a proposed annual administration fees to cover the cost of administering permits.
(Surface Mining Conservation and Reclamation Act)
Bill Allen
(717) 783-9580
wallen@pa.gov
Underground Coal Mine Safety Standards for Surface Facilities
25 Pa. Code Chapter 208
(#7-488)
Approved by BCMS*
Quarter 2, 2015, as Final-Form
(*Board of Coal Mine Safety)
This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 77) for surface areas of underground bituminous coal mines. (Bituminous Coal Mine Safety Act) Colvin ''Craig'' Carson
(724) 404-3154
cocarson@pa.gov
Underground Coal Mine Safety Performance-Based Cable Safety Requirements
25 Pa. Code Chapter 208
Quarter 1, 2016, as Proposed This proposed rulemaking includes revisions to Chapter 208 in order to enhance the safety of electrical cables in underground mines through the use of metallic shielding or nonmetallic shielding and more sensitive ground fault protection. The regulation will also enhance the safety of underground direct-current machine cables by utilizing ground wire monitors on direct-current equipment.
(Bituminous Coal Mine Safety Act)
Colvin ''Craig'' Carson
(724) 404-3154
cocarson@pa.gov
Well Drilling, Operation, and Plugging
25 Pa. Code Chapter 78, Subchapter D
Quarter 2, 2016, as Proposed This proposed rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells.
(Oil and Gas Act)
Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Environmental Protection Performance Standards at Oil and Gas Well Sites
25 Pa. Code Chapters 78 and 78a, Subchapter C
(#7-484)
Quarter 1, 2016, as Final-Form This final rulemaking includes amendments to the Oil and Gas regulations including separate chapters to differentiate the requirements for conventional (Chapter 78) and unconventional (Chapter 78a) operators and to update the environmental protection performance standards related to oil and gas activities.
(2012 Oil & Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling & Environmental Remediation Standards Act)
Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Revised Total Coliform Rule
25 Pa. Code Chapter 109
Quarter 3, 2016, as Final-Form This rulemaking will amend Chapter 109 to incorporate necessary federal requirements needed to obtain primary enforcement authority (primacy) for the Revised Total Coliform Rule (RTCR).
(Pennsylvania Safe Drinking Water Act)
Jeff Allgyer
(717) 772-4015
jallgyer@pa.gov
Disinfectant Residual Requirements Rule
25 Pa. Code Chapter 109
Quarter 4, 2015, as Proposed This proposed rulemaking will amend Chapter 109 to revise the minimum disinfectant residual level maintained in public water distribution systems and the related reporting standards. This rulemaking will also clarify other existing provisions to obtain primacy for the federal Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproducts Rule.
(Pennsylvania Safe Drinking Water Act)
Lisa Daniels
(717) 772-4018
ldaniels@pa.gov
Dawn Hissner
(717) 772-2189
dhissner@pa.gov
Safe Drinking Water General Update
25 Pa. Code Chapter 109
Quarter 4, 2016, as Proposed This proposal will amend Chapter 109 to strengthen turbidity standards for surface water filtration plants, update and clarify permitting requirements for new sources, and clarify source water protection requirements and other sections of Chapter 109.
(Pennsylvania Safe Drinking Water Act)
Dawn Hissner
(717) 772-2189
dhissner@pa.gov
Nutrient Credit Trading and Offsetting Program
25 Pa. Code Chapters 96.8 and 98
Quarter 1, 2016, as Proposed This rulemaking will rescind Chapter 96.8 related to the implementation of a nutrient credit trading program and create a new, separate Chapter 98 for this program. The rulemaking is also intended to implement program enhancements designed to address United States Environmental Protection Agency (EPA) concerns, streamline the current process for the certification, registration and verification of credits and allow for the implementation of a statewide trading program.
(Clean Streams Law)
Veronica Kasi
(717) 772-4053
vbkasi@pa.gov
Administration of Sewage Facilities Planning and Permitting Programs and Standards for Onlot Sewage Treatment Facilities
25 Pa. Code Chapters 71, 72 and 73
Quarter 2, 2016, as Proposed This proposed rulemaking is targeted to allow the use of alternate systems at the planning stage for new land development.
(Pennsylvania Sewage Facilities Act Clean Streams Law)
Ron Furlan
(717) 787-8184
rfurlan@pa.gov
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—Statement of Policy
25 Pa. Code Chapters 93 and 16
Quarter 4, 2015, as Proposed This proposed rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapter 93 and updates to Chapter 16 Statement of Policy to reflect the latest scientific information and federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act.
(40 CFR Section 131.20)
Tom Barron
(717) 787-9637
tbarron@pa.gov
Environmental Laboratory Accreditation Fee Amendments
25 Pa. Code Chapter 252
Quarter 1, 2016, as Proposed This rulemaking proposes to establish appropriate standards for laboratories performing DEP compliance testing of environmental samples. The rulemaking outlines the minimum requirements to which laboratories must adhere when producing environmental data. The anticipated changes to the Chapter 252 regulation will include changes to the qualifications for laboratory supervisors, clarifications to recordkeeping requirements, and changes to the application fees and out-of-State travel expense reimbursement rate. The Environmental Laboratory Accreditation Act requires that the accreditation fees cover the cost of the operation of the laboratory accreditation program.
(Environmental Laboratory Accreditation Act)
Aaren Alger
(717) 346-8212
aaalger@pa.gov
Administration of Land Recycling Program
25 Pa. Code Chapter 250
(#7-486)
Quarter 4, 2015, as Final-Form The final rulemaking amends 25 Pa. Code Chapter 250 to update the Medium-Specific Concentrations (MSCs) established under the Statewide health standard based on the most recent published scientific information. MSCs are concentrations of contaminants in soil and groundwater that are protective of human health and the environment under various exposure scenarios. The regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information.
(Land Recycling and Environmental Remediation Standards Act)
Troy Conrad
(717) 783-9480
tconrad@pa.gov
Security Rule for Radioactive Material
25 Pa. Code Chapter 215
(#7-493)
Quarter 3, 2015, as Final-Form This rulemaking incorporates by reference selected regulations from Title 10, Chapter I, of the U.S. Nuclear Regulatory Commission (NRC) Code of Federal Regulations (CFR) relating to radiation protection and control of radioactive materials. Recently NRC implemented new security-related regulations, known as 10 CFR Part 37, which Pennsylvania is required to adopt by March, 2016. The purpose of this amendment is to reference the new Part 37, except for those subsections which only apply to the NRC.
(Radiation Protection Act)
Joseph Melnic
(717) 783-9730
jmelnic@pa.gov
Radiation Protection Program Fees
25 Pa. Code Chapters 218 and 240
Quarter 3, 2015, as Proposed This proposed rulemaking will amend Chapters 218 and 240 relating to fees. DEP must review the adequacy of established fees every three years. The current fee review indicates the need for a fee increase in two program areas. The Radioactive Materials and Decommissioning Program and the Radon Program fee revenue for these program areas is insufficient to cover program costs.
(Radiation Protection Act and Radon Certification Act)
Joseph Melnic
(717) 783-9730
jmelnic@pa.gov
Radiological Health
25 Pa. Code Chapters 215—240
Quarter 4, 2015, as Proposed This proposed rulemaking will amend Chapters 215—240 to update Computed Tomography and Fluoroscopic regulations; to address new X-ray technology that is not addressed in current regulations; and to include comprehensive updates to the radon regulations to incorporate procedures and protocols that are not addressed in the current regulations. Additional items of clarification are 45-day reporting and application requirements, specifying the number of mitigation firm employees, and numerous changes and additions to the definitions section.
(Radiation Protection Act and Radon Certification Act)
Joseph Melnic
(717) 783-9730
jmelnic@pa.gov
Control of VOC Emissions from Fiberglass Boat Manufacturing Materials
25 Pa. Code Chapter 129
(#7-487)
Approved by EQB
Quarter 2, 2015, as Final-Form
The final rulemaking amends Chapter 129 to reduce the emissions of volatile organic compounds from fiberglass boat manufacturing materials including open molding resins, gel coats and cleaning materials to meet the Clean Air Act ''reasonably available control measures,'' including ''reasonably available control technology,'' requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the Control Techniques Guideline document for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Regulation Being ConsideredProposed DateNeed and Legal Basis for
Agency Contact
of PromulgationAction
Additional RACT Requirements for Major Sources of NOx and VOCs
25 Pa. Code Chapter 129
(#7-485)
Quarter 3/Quarter 4, 2015, as Final-Form This rulemaking amends Chapter 129 to establish additional reasonably available control technology (RACT) requirements for major stationary sources of nitrogen oxides and volatile organic compound (VOC) emissions to fulfill 8-hour ozone RACT requirements for all major sources not covered by Federal Control Techniques Guidelines recommendations. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOC Emissions from Miscellaneous Metal and Plastic Parts Coatings
25 Pa. Code Chapter 129
(#7-491)
Quarter 1, 2016, as Final-Form This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from miscellaneous metal and plastic parts coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the corresponding Control Techniques Guideline document for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings
25 Pa. Code Chapter 129
Quarter 1, 2016, as Final-Form This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from automobile and light-duty truck assembly coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the corresponding Control Techniques Guideline document for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOC Emissions from Industrial Cleaning Solvents
25 Pa. Code Chapter 129
Quarter 1, 2016, as Proposed The proposed rulemaking will amend the existing surface coating regulations under Chapter 129 to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in 25 Pa. Code, Article III to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the corresponding Control Techniques Guideline document for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Amendments to Mobile Equipment Repair and Refinishing
25 Pa. Code Chapters 121 and 129
Quarter 1, 2016, as Proposed This proposed rulemaking will amend the existing surface coating regulations in 25 Pa. Code § 129.75 to coordinate emission limits and work practice requirements of the Clean Air Act ''reasonably available control technology'' requirements for automobiles and light-duty trucks and the Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Clarifying amendments would be proposed for the adhesives, sealants, primers and solvents regulations in 25 Pa. Code §§ 129.77 and 130.701—130.708. Amendments to 25 Pa. Code § 121.1 would also be proposed to support the amendments to Chapter 129. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage II)
25 Pa. Code § 129.82
Quarter 1, 2016, as Proposed The proposed rulemaking will amend 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) to remove the requirements for installing new and operating existing Stage II vapor recovery systems. The proposed rulemaking would establish procedures for the decommissioning of existing Stage II systems and would require Stage II systems that are not decommissioned to still comply with existing regulatory maintenance requirements. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Air Quality Fee Schedule Amendments
25 Pa. Code Chapters 127 and 139
Quarter 4, 2015, as Proposed The proposed rulemaking will revise existing requirements and fee schedules codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control (35 P. S. § 4006.3 (a)). In addition to increasing the plan approval and operating permit application fees, the proposed rulemaking would add fees applicable to plan approval modifications and requests for determination of plan approval and operating permit requirements. The proposed rulemaking would also add separate fees for risk assessments and a new fee structure for Title V facilities. The proposed rulemaking would also establish fee requirements in a new Subchapter D (relating to testing, auditing and monitoring fees) in Chapter 139 (relating to sampling and testing) to address Department-performed source testing, test report reviews and auditing and monitoring activities related to continuous emissions monitoring systems (CEMS). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan or the Title V Program Approval, as appropriate.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Low RVP Gasoline Repeal
25 Pa. Code Chapters 121, 126 and 139
Quarter 1, 2016, as Proposed The proposed rulemaking will rescind certain provisions codified in 25 Pa. Code Chapters 121, 126 and 139 (relating to general provisions; motor vehicle and fuels programs; and sampling and testing). The proposed rulemaking would repeal §§ 126.301—126.303 and 139.14(b)(8) (relating to gasoline volatility requirements; and emissions of VOCs). Sections 126.301—126.303 impose requirements for summer low Reid Vapor Pressure (RVP) gasoline in the Pittsburgh-Beaver Valley Area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland counties) from
May 1 to September 15 as an emission reduction measure to address attainment and maintenance of the 1-hour ozone National Ambient Air Quality Standard (NAAQS). Section 139.14(b)(8) specifies the sampling and testing methods for analysis of low RVP gasoline. Amendments to § 121.1 (relating to definitions) would also be proposed, as appropriate, to support the rescission of §§ 126.301—126.303 and 139.14(b)(8). The proposed rulemaking is in response to Act 50 of 2014 (P. L. 674, May 14, 2014), which directs the EQB to promulgate regulations to repeal the requirements for low RVP gasoline upon demonstration of continued compliance with the NAAQS through the use of commensurate emission reductions from other air pollution control measures. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Department of GENERAL SERVICES (DGS)
Responsibility
4 Pa. Code Chapter 60
(#8-20)
2015, as Proposed This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Ken Hess
Pamela Cross
(717) 214-7739
Committee on Construction Contract Documents
4 Pa. Code Chapter 62
(#8-21)
2015, as Final-Omitted The Procurement Code repealed the legislation creating this committee, which no longer exists. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717)-783-3280
Selections Committee
4 Pa. Code Chapter 64
(#8-22)
2015, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717)-783-3280
Emergency Construction Repairs
4 Pa. Code Chapter 67
(#8-23)
2015, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717)-783-3280
Contract Compliance
4 Pa. Code Chapter 68, Subchapter A
Prequalification of Vendors and Non-construction Contractors
(#8-24)
2015, as Final-Omitted These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717)-783-3280
Methods of Awarding Contracts
4 Pa. Code Chapter 69
(#8-25)
2015, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Ken Hess
Pamela Cross
(717) 214-7739
Surplus State Property
4 Pa. Code Chapters 41, 43, 45 and 47
(#8-26)
2015, as Final-Omitted These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code. Ken Hess
Pamela Cross
(717) 214-7739
Department of HEALTH (DOH)
Communicable and Non-Communicable Diseases
28 Pa. Code Chapter 27
(#10-189)
Fall 2015, as Proposed These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non-communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control law of 1955, 35 P. S. §§ 521.1 et seq. (the Act). Section 16(a) of the (Act 35 P. S. § 521.16(a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P. S. § 521.16(b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P. S. §§ 51 et seq.) (Code) Section 20102(g) of the Code (71 P. S. § 532(g)) provides general authority for the Department to promulgate regulations. Jalene Kolb
(717) 783-8228
Photo Identification Tag Regulations
28 Pa. Code Chapter 54
(#10-194)
Fall 2015, as Proposed The Health Care Facilities Act (35 P. S. § 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P. S. § 448.809.2) requires health care workers employed in health care facilities and physician practices to wear photo identification tags that also contain other information including the person's name, title and name of the health care facility. Michael Siget
(717) 783-2500
Program Standards for Long-Term Care Facilities
(relating to physician assistants and certified registered nurse practitioners)
28 Pa. Code § 211.7
Summer 2015, as Final-Form The Department had received approval in 2014 to omit proposed rulemaking and to promulgate as final a revision to § 211.7, but was advised by the Office of General Counsel to delay delivery of the regulation as amended to the Standing Committees of the House and Senate during the Fall 2014 Legislative Session in anticipation of adjournment of the Legislature sine die. The revision to the regulation will eliminate the requirement for countersignature by the supervising attorney on physician assistants' documentation on the nursing facility resident's record within 7 days. The revised regulation will require countersignature by the supervising attorney in accordance with requirements in statutes and regulations governing their practice. Acts 100 and 101 of 2013, respectively, amended the Medical Practice Act and the Osteopathic Medical Practice Act to add provisions addressing patient record reviews for patient records completed by a physician assistant. Both acts require countersignatures by a physician only in limited circumstances. Karin Simpson
(717) 783-2500
School Immunization Requirements
28 Pa. Code §§ 23.83, 23.85 and 23.86
Fall 2015, as Proposed The amendments to existing regulations will revise immunization requirements for school entry and attendance, revise the school reporting requirements to require electronic reporting at a later date in the school year, and eliminate the provisional period for school attendance. The Department foresees working with the Department of Education on this proposed regulatory change. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; the Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949
(24 P. S. § 13-1303a).
Yvette M. Kostelac
(717) 783-2500
Home Health Care Agencies
28 Pa. Code Chapter 601
Fall 2015, as Proposed Recently, Federal rules addressing covered Medicare and Medicaid services have been amended to allow other health care professionals (in addition to physicians) to order home health services. The Department anticipates amending the home health licensure regulations to permit other health care professionals to order home health services and approve the plan of care. The Department also foresees working with the Department of Human Services on this proposed regulatory change to ensure that access to care and payment for services remains consistent. Puja Khare
(717) 783-2500
Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act
Act 191 of 2014
Spring 2016, as Proposed The Department anticipates promulgating regulations in accordance with the authority granted under Act 191, as early in 2016 as possible, that will enhance and support the Department's ability to implement a prescription drug monitoring program that will (1) improve the quality of patient care in Pennsylvania by providing prescribers and dispensers access to information about all controlled substances dispensed to a patient, and (2) aid regulatory and law enforcement in the detection and prevention of fraud, drug abuse and criminal diversion of controlled drugs. Maria Chesterton
(717) 783-2500
Cardiac Catheterization Services
28 Pa. Code Chapter 138
2016, as Proposed The Department anticipates promulgating regulations to amend Chapter 138 by allowing cardiac catheterization services under certain circumstances to be performed in a facility other than a hospital in order to enhance and support the Department's innovative approach to expanding health care services while maintaining and improving the quality of patient care in Pennsylvania. Michael Siget
(717) 783-2500
Pennsylvania Hospice Regulations Fall 2015, as Proposed Currently, there are no hospice-specific licensure regulations in the Commonwealth. The Health Care Facilities Act (HCFA) permits the Department, pending promulgation of regulations, to use the standards set forth in federal regulations (42 CFR Part 418) for hospices certified as providers of the Medicare program under Title XVIII of the Social Security Act as licensure standards. The Department anticipates promulgating licensure regulations for hospice facilities in Pennsylvania that mirror the Federal conditions of participation and address additional quality assurance requirements and fees for licensure, as permitted by the HCFA. Puja Khare
(717) 783-2500
Department of HUMAN SERVICES (DHS)
Administration of County Children and Youth Programs
55 Pa. Code Chapter 3130
January 2016, as Proposed This regulation will incorporate the amendments to the Juvenile Act and the federal regulations for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Jen DeBell
(717) 772-4141
Planning and Financial Reimbursement requirements for County Children and Youth Social Service Programs
55 Pa. Code Chapter 3140
June 2016, as Proposed This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with federal requirements and policy to ensure the validity of state and federal claims. Jen DeBell
(717) 772-4141
Child Protective Services
55 Pa. Code Chapter 3490
February 2017, as Proposed This regulation will incorporate the amendments to the Child Protective Services Law related to child protective services and general protective services, including statutory changes to mandatory reporting, training, clearances and the Statewide database. Jen DeBell
(717) 772-4141
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics
55 Pa. Code Chapters 1153 and 5200
September 2015, as Proposed These amendments will update the current regulations to align outpatient psychiatric services with current industry standards. Jen DeBell
(717) 772-4141
Subsidized Child Care
55 Pa. Code Chapter 3041
October 2016, as Proposed Chapter 3041 will be updated to support new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments to requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups. Jen DeBell
(717) 772-4141
Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes
55 Pa. Code Chapters 3270, 3280 and 3290
October 2016, as Proposed This regulation will add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments regarding employment, background checks and training requirements. In addition, additional proposed amendments include water safety training and equipment requirements. Jen DeBell
(717) 772-4141
Early Intervention Services
55 Pa. Code Chapter 4226
October 2015, as Final-Omitted This regulation will amend Section 4226.5 (relating to definitions) to reflect the requirements of Act 2014-143 (Act 143). Act 143 added an additional tracking category for infants and toddlers experiencing homelessness. Jen DeBell
(717) 772-4141
Home and Community-Based Intellectual Disability and Autism Waiver Services and Targeted Case Management
55 Pa. Code Chapters 51 and 6100
October 2015, as Proposed
August 2016, as Final-Form
This regulation will rescind Chapter 51 and replace it with a new Chapter 6100, which will regulate the program, operational and fiscal components of the home and community-based waiver program within the Office of Developmental Programs, including the targeted service management program. Jen DeBell
(717) 772-4141
Terminology for Intellectual Disabilities and Autism
55 Pa. Code Chapters 4300, 4305, 6201, 6210, 6250, 6400, 6600
December 2015, as Final-Omitted This regulation will update terminology in Title 55 to change the term ''mentally retarded'' to ''intellectual disability''; the inclusion of autism services will also be addressed. Jen DeBell
(717) 772-4141
Adult Protective Services
55 Pa. Code Chapter 15
Fall 2015, as Proposed This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The regulations and resulting services are mandated by Act 70 of 2010, the Adult Protective Services Act. Jen DeBell
(717) 772-4141
Medical Assistance Program Payment Policies
55 Pa. Code Chapter 1150
Fall 2016, as Proposed This regulation proposes to remove outdated consultation procedure codes and update the description of the five different types of consultations. Jen DeBell
(717) 772-4141
Medical Assistance Manual
55 Pa. Code Chapters 1101, 1121, 1123, 1126, 1127, 1128, 1129, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1147, 1149, 1151, 1153, 1163, 1181, 1187, 1221, 1223, 1225, 1229, 1230, 1241, 1243, 1245, 1247, 1249, 1251
Fall 2016, as Proposed This regulation will codify the benefit package under HealthChoices Expansion, which provides the same level of benefits to all Medical Assistance adult beneficiaries. The regulation will amend amount, duration and scope variations between categories of eligibility and will also update terminology. Jen DeBell
(717) 772-4141
Clinic, Emergency Room, and Observation Services
55 Pa. Code Chapter 1221
February 2016, as Proposed This rulemaking proposes to add observation services under Chapter 1221. Chapter 1221 provides payment for services provided in a hospital outpatient setting. Jen DeBell
(717) 772-4141
Pennsylvania INSURANCE DEPARTMENT (PID)
Annual Financial Reporting Requirements
31 Pa. Code Chapter 147
Fall 2015, as Proposed Amendments to Chapter 147 to add an internal audit function requirement for large insurers. Joseph Korman
(717) 787-4429
Requirements for Qualified Reinsurers
31 Pa. Code Chapter 161
(#11-253)
Summer 2015, as Proposed Technical amendments to delete a provision that is no longer applicable. Joseph Korman
(717) 787-4429
Medical Catastrophe Loss Fund
31 Pa. Code Chapter 242
Winter 2015, as Proposed Revisions to Chapter 242 to reflect statutory changes and update forms and procedures. Joseph Korman
(717) 787-4429
Tables Approved for Use in Determining Minimum Non-forfeiture Standards and Minimum Standards for Valuation
31 Pa. Code Chapter 84
Fall 2015, as Proposed Amendments to adopt new mortality tables for use in determining minimum reserves insurers must maintain for annuities. Joseph Korman,
(717) 787-4429
Department of LABOR AND INDUSTRY (L&I)
Boiler and Unfired Pressure Vessel Regulations
34 Pa. Code, Part I, Chapter 3a
Fall 2015, as Proposed Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies. Peter Von Getzie
(717) 787-2705
Flammable and Combustible Liquids
34 Pa. Code, Part I, Chapters 14 and 14a
Bureau of Occupational and Industrial Safety
Fall 2015, as Proposed Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel. Peter Von Getzie
(717) 787-2705
Uniform Construction Code-Administration
34 Pa. Code, Part XIV, Chapter 403
Fall 2015, as Proposed Adopt updated accessibility provisions in accordance with Act 1 of 2011. Karen Galli
(717) 783-6304
Peter Von Getzie
(717) 787-2705
Unemployment Compensation-General Requirements
34 Pa. Code, Part VI, Chapter 101
Unemployment Compensation Board of Review
Fall 2015, as Proposed Amend telephone regulation regarding distance requirement to conform with Act 6 of 2011. Gerard Mackarevich
(717) 783-1232
Apprentices
34 Pa. Code, Part IV, Chapters 83 and 84
Bureau of Labor Law Compliance
Spring 2017, as Proposed
(legislative changes to statute must first be made before regulations can be promulgated)
Once necessary statutory changes are made to Pennsylvania law to comply with 2008 U.S. Department of Labor Federal apprenticeship requirements, corresponding regulatory changes will need to be to Part IV of Title 34. Rich Lengler
(717) 787-4186
Registration of Sign Language Interpreters and Transliterators
34 Pa. Code Chapter 501
Office of Deaf and Hard of Hearing
Fall 2016, as Proposed 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
Employment of Minors
34 Pa. Code Chapter 11
Bureau of Labor Law Compliance
Fall 2015, as Proposed Revise/update current regulations in light of the new Child Labor Act. Richard Lengler
(717) 787-4186
Department of MILITARY AND VETERANS AFFAIRS (DMVA)
Veterans' Homes Regulations
43 Pa. Code Chapter 7
July 2015, as Proposed The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S § 903(10)). These regulations are out-of-date. They were last updated in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena. Marsha Davis
(717) 861-8503
Veterans' Affairs Regulations
43 Pa. Code Chapter 5
July 2015, as Final-Omitted 43 Pa. Code Ch. 5 contains regulations on a number of Commonwealth veterans' benefit programs. These include the Disabled Veteran Real Estate Tax Exemption, the Blind Veterans' Pension, the Paralyzed Veterans; Pension, Veterans' Emergency Assistance and the Educational Gratuity Program. All of these regulations need to be updated to take into account changes in the law as well as changes in organizational structures. Marsha Davis
(717) 861-8503
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program
37 Pa. Code Chapter 203
Summer 2015, as Proposed Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The proposed amendments will be the product of an extensive review project that included key stakeholders of the regulated community. Lieutenant Robert J. Krol
(717) 783-5566
Pennsylvania BOARD OF PROBATION AND PAROLE (PBPP)
Address Confidentiality Program Regulations
37 Pa. Code §§ 802.1—802.31
Winter 2015-16, as Proposed. The Office of Victim Advocate (''OVA'') is responsible for the Commonwealth's Address Confidentiality Program (''ACP''), 23 Pa.C.S. sec. 6702. et seq., which provides certain crime victims (domestic and sexual violence) a confidential substitute address to use for mail, and other lawful purposes (i.e. driver's license). The statute requires OVA to promulgate regulations concerning details on the operation of the program, which last occurred in June 2007. Given that fact, and given changes in technology and operations, OVA plans on updating these regulations and is in the initial drafting stages. John Talaber
(717) 787-8126
Pennsylvania COMMISSION ON CRIME AND DELINQUENCY (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program
37 Pa. Code Chapter 421
Late 2015/2016, as Proposed The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P. L. 1006, No. 114). Linda Rosenberg
17) 265-8448
Cynthia Minnich
(717) 265-8518
Pennsylvania EMERGENCY MANAGEMENT AGENCY (PEMA)
911 Emergency Communications Services Winter 2015-16, as Proposed Once amended, Chapter 53 of Title 35 (Health and Safety) will necessitate the promulgation and adoption of rules and regulations necessary to enforce the newly-revised chapter, relating to the administration and operation of 911 systems in the Commonwealth. Robert F. Mateff, Sr.
(717) 651-2288
John Comey
(717) 651-2715
Pennsylvania HIGHER EDUCATION ASSISTANCE AGENCY (PHEAA)
No regulations being developed or considered at this time.
Pennsylvania HOUSING FINANCE AGENCY (PHFA)
No regulations being developed or considered at this time.
Pennsylvania INFRASTRUCTURE INVESTMENT AUTHORITY (PENNVEST)
Pennsylvania Infrastructure Investment Authority Assistance
25 Pa. Code §§ 963.1—963.20, including specifically:
963.12(a)(7)
963.13(c)
963.15(a)
963(15)(c)
963(16)
963.18(c)
Summer 2015, as Proposed PENNVEST recommends the following revisions:
Amend 25 Pa. Code § 963.1—963.20 to be consistent with statutory revisions imposed by P. L. 51, No. 16, enacted June 19, 2013 and guidance revisions implemented by the Department of Environmental Protection and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including, but not limited to the following:
(1) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.
Shawn W. Weis
(717) 783-6776
(2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(3) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(4) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(5) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan.
(6) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST.
(7) Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.
Pennsylvania MUNICIPAL RETIREMENT SYSTEM (PMRS)
No regulations being developed or considered at this time.
Regulation Being ConsideredProposed DateNeed and Legal Basis for
Agency Contact
of PromulgationAction
Pennsylvania STATE POLICE (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act
37 Pa. Code Chapter 51
Summer 2015, as Proposed Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs. Lieutenant Robert J. Krol
(717) 783-5566
Administration of Megan's Law—Neighbor Notification
37 Pa. Code Chapter 55
Summer 2015, as Final-Omitted Title 42 Pa.C.S. § 9799.1, in part, required the Pennsylvania State Police write regulations regarding neighbor notification of the current residence of sexually violent predators. This section expired Dec. 20, 2012, and on that date the requirements of Title 42 Pa.C.S. § 9799.32 became effective. These new requirements, in part, place a duty on the Pennsylvania State Police to write guidelines regarding neighbor notification under § 9799.27(b)(1). Since there is no longer statutory authority for Chapter 55, it will be removed and reserved in its entirety. The contents will be updated and published as guidelines in a Statement of Policy. Lieutenant Robert J. Krol
(717) 783-5566
Pennsylvania STATE SYSTEM OF HIGHER EDUCATION (PASSHE)
No regulations being developed or considered at this time.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM (PSERS)
No regulations being developed or considered at this time.
Department of REVENUE (DOR)
Amendments to Estates and Trusts—Personal Income Tax Regulations
61 Pa. Code Chapters 101, 103, 105 and 117
December 2015, 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
Amendments to Local Option Small Games of Chance (SGOC)
61 Pa. Code Chapter 901a
December 2015, as Proposed The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184 of 2012 and Acts 90 and 92 of 2013. Douglas Berguson
(717) 346-4633
General Provisions Application of Payments
61 Pa. Code Chapter 5a
October 2015, 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
Amendments to Chapter 93—Inheritance Tax
61 Pa. Code § 93.101
October 2015, as Final-Form The Department is promulgating this amendment to remove an obsolete regulation § 93.101 Medical expenses and insurance, superseded by statute (72 P. S. § 9129(k)). Douglas Berguson
(717) 346-4633
Department of STATE (DOS)
State Board of Accountancy
General Revisions (Act 73 and Act 15 Amendment)
49 Pa. Code Chapter 11
(16A-5513)
Spring 2016, as Final This proposed rulemaking would implement the amendments to the CPA Law made by the act of July 9, 2008 (P. L. 954, No. 73) (Act 73), and the act of June 19, 2013 (P. L. 46, No. 15) (Act 15). Act 73 provided for practice in this Commonwealth under substantial equivalence by persons licensed in other states and provided new education and experience standards for licensure. Act 15 eliminated the requirement that applicants for licensure demonstrate 400 hours of experience in attest activity as a condition of licensure. Because the Board's existing regulations prohibit unlicensed practice with no mention of substantial equivalence and address the experience and education standards, the Board has concluded that it should amend its regulations to comport to the statutory changes made by Act 73 and Act 15. Sara Fox
(717) 783-1404
Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(16A-5514)
Spring 2016, as Final On November 28, 1998, under authority of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48), the Commissioner of Professional and Occupational Affairs published a schedule of civil penalties for certain violations of the CPA Law (63 P. S. §§ 9.1—9.16b) and the regulations of the State Board of Accountancy (Board). The schedule of civil penalties at § 43b.10a has been amended only once (in 2012). At this time, the Board is separately proposing a rulemaking (identified as 16A-5513) to amend certain of its substantive regulations relating to continuing education violations for which civil penalties are included in the schedule. The Commissioner has now determined, based upon the Board's proposed amendments to its regulations, that the Act 48 schedule of civil penalties for violations of the amended regulations require corresponding amendment. Sara Fox
(717) 783-1404
State Athletic Commission
Prohibited Drug Testing
58 Pa. Code, Part I, Subpart A, Chapter 15
(16-58)
Winter 2015-2016, as Proposed The proposed rulemaking would revise existing regulations on drug testing for boxers, mixed martial arts participants and kick boxers, as authorized under the Boxing Act. Martha Brown
(717) 787-6802
State Architects Licensure Board
Electronic Seals and Signing
49 Pa. Code Chapter 9
(16A-4110)
Summer 2015, as Proposed In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients. Amanda Li
(717) 783-3397
State Board of Auctioneer Examiners
Biennial Renewal Fees
49 Pa. Code § 1.41
(16A-649)
COMPLETED. Published as final-form rulemaking on May 23, 2015 (at
45 Pa.B. 2466).
Under section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P. S. § 734.6(a)), the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. The final rulemaking increases biennial renewal fees for apprentice auctioneers from $100 to $130; and the biennial renewal fees for auctioneers, auction houses and auction companies will increase from $200 to $260 to meet projected expenditures as required by law. Terrie Kocher
(717) 783-3397
State Board of Barber Examiners
Schedule of Civil Penalties
49 Pa. Code § 43b.4
(16A-428)
Fall 2015, as Final-Omitted This rulemaking would simply change the authority under which many of the current civil penalties are being issued from the statutory provision in the Barber License Law to the applicable provision in the regulations of the State Board of Cosmetology. In making this change, the legal authority supporting the schedule of civil penalties will be clearer. Kelly Diller
(717) 783-7130
General Revisions
49 Pa. Code Chapter 3
(16A-429)
Winter 2015/2016, as Proposed The proposed rulemaking would update the regulations for barber managers, temporary student licenses, barber shops and schools of barbering. The amendments are needed to update obsolete provisions of the Board's regulations, as the regulations are at least 10 years old and some date back to 1931. Some of the regulations contain outdated terminology. Also, the Board would update the regulations to make them consistent with the Barber License Law and current practices of the Board and its licensees. Kelly Diller
(717) 783-7130
State Board of Chiropractic
Chiropractic Specialties
49 Pa. Code Chapter 5
(16A-4312)
Fall 2015, as Proposed The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The proposed rulemaking would prohibit a chiropractor from advertising that the chiropractor holds certification or otherwise is a specialist in a chiropractic specialty unless the chiropractor holds certification or diplomate status from a specialty board recognized by the American Board of Chiropractic Specialties. These specialty boards all require passing a certification examination after either a full-time residency of at least 3 years or a part-time program of more than 300 hours of education and clinical practice. This proposal protects consumers of chiropractic services who can be mislead by advertising of ''certifications'' that does not truly reflect advanced knowledge, training or skill. Stephen Snyder
(717) 783-7155
Child Abuse Reporting Requirements
49 Pa. Code §§ 5.91—5.96
(16A-4322)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Chiropractic obtain required training in child abuse recognition and reporting. Stephen Snyder
(717) 783-7155
Distance Education
49 Pa. Code § 5.79
(16A-4323)
Fall 2015, as Final Section 507(a) of the Chiropractic Practice Act (act) (63 P. S. § 625.507(a)) requires each licensed chiropractor to complete at least 24 hours of continuing chiropractic education within the immediately preceding 2-year period as a condition of biennial license renewal. This final rulemaking would expressly permit continuing education to be completed through courses offered by distance education, subject to Board approval, but limit it to 50% of the required hours. Stephen Snyder
(717) 783-7155
Radiological Procedures Examination
49 Pa. Code §§ 5.6 and 5.63
(16A-4324)
Spring 2016, as Final Section 522(a)(ii) of the act (63 P. S. § 625.522(a)(ii)) prohibits auxiliary personnel from performing radiologic procedures on the premises of a chiropractor unless the person has passed an examination approved by the Board and administered by a third-party testing service. The proposed rulemaking would delete the fee for the radiological procedures examination and reference to the application forms and would require auxiliary personnel to submit applications and pay the fee directly to the testing service rather than applying to the Board. This change is needed to comport to actual practice. Stephen Snyder
(717) 783-7155
Bureau of Commissions, Elections and Legislation
Lobbying Disclosure Thresholds
51 Pa. Code §§ 51.1 and 57.2
(number not yet assigned)
Summer 2015, as Final-Omitted Section 13A08(j) of the Lobbying Disclosure Act (act) (65 Pa.C.S. § 13A08(j)) requires the Department to review the threshold for exemption from registration and reporting every two years and increase those thresholds to ''rates deemed reasonable for assuring appropriate disclosure'' of lobbying expenditures. The Department has already published a notice of its intent to raise the thresholds from $2,500 to $3,000, effective January 1, 2017. This rulemaking would amend the regulations to reflect the updated threshold amounts. Ian Everhart
(717) 346-0462
Notaries Public
4 Pa. Code, Part VIII, Subpart C
(number not yet assigned)
Winter 2015-2016, as Proposed The proposed rulemaking would implement the act of October 9, 2013 (P. L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA). Martha Brown
(717) 787-6802
Electronic Recording Commission-Real Property Electronic Recording Standards
4 Pa. Code, Part VIII, Subchapter G
(16-57)
Fall 2015, as Temporary Regulations These temporary regulations would implement the act of July 5, 2012 (Uniform Real Property Electronic Recording Act) (P. L. 935, No. 100). The temporary regulations put forth initial standards relating to electronic recording of real property documents developed by the Electronic Recording Commission. Martha Brown
(717) 787-6802
Bureau of Corporations and Charitable Organizations
Names (including Symbols and Characters)
19 Pa. Code Chapter 17
(number not yet assigned)
Fall 2015, as Proposed Section 133(a)(vi) of the Association Transactions Act authorizes the Department to specify the symbols or characters which do not make a name distinguishable on the records of the Department or may be used in the name of an entity. This rulemaking will revise the chapter on Names and add provisions on symbols and characters. Martha Brown
(717) 787-6802
UCC Revised Article 9
(16-35)
Fall 2015, as Proposed This proposed rulemaking would adopt, with some revisions, the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Martha Brown
(717) 787-6802
State Board of Cosmetology
Schedule of Civil Penalties
49 Pa. Code § 43b.5
(16A-4517)
Fall 2015, as Proposed This proposed rulemaking would amend the schedule of civil penalties for the State Board of Cosmetology promulgated by the Commissioner of Professional and Occupational Affairs under the authority of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48). The State Board of Cosmetology (Board) has participated in the Act 48 citation program from its inception in 1996 and has not increased the amounts in the schedule of civil penalties since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties in order to improve their deterrent effect. Kelly Diller
(717) 783-7130
Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 7
(16A-4518)
Fall 2015, as Proposed The act of September 24, 2014 (P. L. 2476, No. 136) (Act 136) allows massage therapists to practice within the licensed square footage of a cosmetology or esthetician salon and requires the State Board of Cosmetology and the State Board of Massage Therapy to jointly promulgate regulations to implement these changes. This rulemaking effectuates these provisions of Act 136. Kelly Diller
(717) 783-7130
Examination
49 Pa. Code Chapter 7
(16A-4519)
Fall 2015, as Proposed Historically, the licensure examinations for licensees of the State Board of Cosmetology required the passing of a written (theory) portion and a practical portion in which the candidate demonstrated the necessary skills. Act 136 eliminated the practical portion of the examination, leaving the Board with only a written examination that covers both theory and practical application questions. This rulemaking implements that portion of Act 136. Kelly Diller
(717) 783-7130
State Board of Crane Operators
Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(16A-7103)
Fall 2015, as Proposed The proposed regulation would create a schedule of civil penalties for violations of the Crane Operator Licensure Act and regulations of the State Board of Crane Operators. Amanda Li
(717) 783-1404
State Board of Dentistry
Anesthesia Update
49 Pa. Code Subchapter E, §§ 33.331—33.342
(16A-4621)
Fall 2015, as Proposed This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices to conform to and adopt the current standards used by the dental profession. Lisa Burns
(717) 783-7162
Child Abuse Reporting Requirements
49 Pa. Code § 33.250
(16A-4626)
Fall 2015, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Dentistry obtain required training in child abuse recognition and reporting. Lisa Burns
(717) 783-7162
General Revisions
49 Pa. Code Chapter 33
(16A-4628)
Fall 2015, as Proposed The State Board of Dentistry has undertaken a review of existing regulations with the goal of updating the regulations and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify the regulations relating to fictitious names, biennial renewal, inactive status, reactivation, licensure by criteria approval, acceptable proof of professional liability insurance, use of titles, advertising, unprofessional conduct, multi-disciplinary professional corporations, exclusion of auxiliary personnel from performing radiological procedures and continuing dental education. Lisa Burns
(717) 783-7162
Schedule of Civil Penalties
49 Pa. Code § 43b.14a
(16A-4630)
Fall 2015, as Proposed The State Board of Dentistry has participated in the Act 48 citation program since 2001 and has not increased the amounts in the schedule of civil penalties for lapsed license/certificate violations since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties to improve their deterrent effect. In addition, the proposal would add a schedule of civil penalties for continuing education violations. Lisa Burns
(717) 783-7162
Restricted Faculty Licenses
49 Pa. Code Chapter 33
(16A-4632)
Fall 2015, as Proposed The act of July 2, 2014 (P. L. 828, No. 89) (Act 89) amended the Dental Law to provide for restricted faculty licenses. A restricted faculty license is granted to an individual for the limited purpose of teaching in a dental school or advanced dental education program as a faculty member at an accredited dental school in this Commonwealth. This rulemaking effectuates Act 89. Lisa Burns
(717) 783-7162
Temporary Volunteer Dental Licenses
49 Pa. Code § 33.118
(16A-4631)
Fall 2015, as Proposed This proposed regulation would implement the act of February 4, 2014 (P. L. 19, No. 7) (Act 7) to set forth the procedures to apply for a temporary volunteer dental license. The purpose of Act 7 of 2014 was to allow out-of-state dentists to volunteer their services in this Commonwealth and to participate in volunteer events/activities sponsored by the American Dental Association (ADA) and other National associations that may take place within the Commonwealth. This rulemaking effectuates Act 7. Lisa Burns
(717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures
49 Pa. Code Chapter 37
(16A-4712)
Fall 2015, as Proposed In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients. Robin Shearer
(717) 783-7049
Renewal Fees
49 Pa. Code § 37.17
(16A-4713)
Spring 2016, as Final Under section 9(a) of the Professional Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § 156(a)) (act), the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board shall increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The current fee structure is inadequate to support the operations of the Board. This proposed rulemaking seeks to increase the biennial renewal fee for licensees from $50 to $100 so that revenues are sufficient to cover projected expenditures as required by the act. Robin Shearer
(717) 783-7049
State Board of Funeral Directors
Continuing Education Enforcement
49 Pa. Code Chapter 13
(16A-4819)
Fall 2015, as Proposed Under the Funeral Directors Law, all licensees are required to renew licenses biennially and complete at least 6 hours of approved continuing education courses as a condition of renewal. This proposed rulemaking would update and clarify the Board's regulations relating to renewal of licenses and enforcement of continuing education. Heidy Weirich
(717) 783-3397
Schedule of Civil Penalties—
Funeral Directors
49 Pa. Code § 43b.6
(16A-4820)
Fall 2015, as Proposed A companion to 16A-4819, this proposed regulation would amend § 43b.6 to establish a schedule of civil penalties for continuing education enforcement, including civil penalties for failing to complete the required amount of continuing education, providing a false or inaccurate certification relating to completion of continuing education and failing to respond to an audit request. Heidy Weirich
(717) 783-3397
Child Abuse Reporting Requirements
49 Pa. Code § 13.301—13.307
(16A-4824)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Funeral Directors obtain required training in child abuse recognition and reporting. Heidy Weirich
(717) 783-3397
Names
49 Pa. Code Chapter 13
(16A-4827)
Fall 2015, as Proposed In a recent Federal lawsuit, the Third Circuit Court of Appeals held that certain provisions in the Funeral Director Law that prohibited the use of trade names are an unconstitutional violation of free commercial speech under the First Amendment to the U.S. Constitution. This rulemaking proposes to set standards for the use of names by a funeral entity and eliminate restrictions previously established under those provisions of the Funeral Director Law that have been determined to be unconstitutional. Heidy Weirich
(717) 783-3397
State Board of Landscape Architects
General Revisions
49 Pa. Code Chapter 15
(16A-6111)
Winter 2015/2016, as Proposed The State Board of Landscape Architects has undertaken a comprehensive review of its current regulations in an effort to update obsolete and incomplete provisions, to revise them to conform with current practices and to be consistent with the Landscape Architects Registration Law. This proposed rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education. Terrie Kocher
(717) 772-8528
Electronic Seals and Signatures
49 Pa. Code Chapter 15
(16A-6112)
Fall 2015, as Proposed In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients. Terrie Kocher
(717) 772-8528
Schedule of Civil Penalties—
Landscape Architects
49 Pa. Code Chapter 43b
(16A-6120)
Fall 2015, as Proposed 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 the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a). Terrie Kocher
(717) 772-8528
State Board of Massage Therapy
Child Abuse Reporting Requirements
49 Pa. Code Chapter 20
(16A-722)
Winter 2015/2016, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed massage therapists. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Massage Therapists obtain required training in child abuse recognition and reporting. Judy Harner
(717) 783-7155
Schedule of Civil Penalties—
Massage Therapists
49 Pa. Code § 43b.23a
(16A-723)
Fall 2015, as Final The rulemaking updates the schedule of civil penalties promulgated as a statement of policy in 2010. The rulemaking seeks to increase the deterrent effect by increasing the civil penalties for certain violations and adds additional offenses to the schedule. Judy Harner
(717) 783-7155
Fees
49 Pa. Code § 20.3
(16A-724)
Fall 2015, as Proposed Under section 11 of the Massage Therapy Act (63 P. S. § 627.11) the State Board of Massage Therapy is required to support its operations by the revenue it generates from fees, fines and civil penalties. In addition, it provides that the Board shall increase fees if revenue is not sufficient to meet projected expenditures. Under the current fee structure, the Board cannot produce enough revenue to meet projected expenditures. This proposal would increase biennial renewal fees for massage therapists, application fees, and fees for temporary practice permits. Judy Harner
(717) 783-7155
General Revisions
49 Pa. Code Chapter 20
(16A-725)
Winter 2015-2016, as Proposed This proposed rulemaking would address education, scope of practice of massage therapy, practice in cosmetology and esthetician salons and other provisions of the Board's regulations. Judy Harner
(717) 783-7155
State Board of Medicine
Use of Medical Lasers
49 Pa. Code Chapter 18, Subchapter G
(16A-4939)
Fall 2015, as Proposed This proposed rulemaking is intended to clarify the requirements for the use and delegation of the use of medical lasers. Based on the information available, the Board concluded that the use of prescription or medical lasers and other high energy source medical devices for the treatment of skin conditions by unlicensed individuals without adequate medical supervision presents an unreasonable risk of serious harm and potential permanent scarring or disfigurement. The Board proposes this rulemaking, which will bring the Board's regulations in line with the majority of other states that have already promulgated regulations related to these devices. Suzanne Zerbe
(717) 783-1400
Child Abuse Reporting Requirements
49 Pa. Code §§ 16.101—16.107
(16A-4941)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Medicine obtain required training in child abuse recognition and reporting. Suzanne Zerbe
(717) 783-1400
Schedule of Civil Penalties
49 Pa. Code Chapter § 43b.20
(16A-4942)
Fall 2015, as Proposed This proposed rulemaking provides for a schedule of civil penalties for licensees of the State Board of Medicine who fail to make reports required under section 903(1) and (4) of the Medical Care Availability and Reduction of Error Act (40 P. S. § 1303.903(1) and (4)), fail to timely complete mandatory continuing education, practice on an expired license, or have minor disciplinary action imposed by the proper licensing authority of another state. These additions are intended to take advantage of the efficiencies of the Act 48 citation process. Suzanne Zerbe
(717) 783-1400
Prosthetists, Orthotists, Pedorthists and Orthotic Fitters
49 Pa. Code Chapters 16 and 18
(16A-4943)
Fall 2015, as Final The act of July 5, 2012 (P. L. 873, No. 90) (Act 90) and the act of July 2, 2014 (P. L. 941, No. 104) (Act 104) amended the Medical Practice Act of 1985, to require the State Board of Medicine to issue licenses to prosthetists, orthotists, pedorthists and orthotic fitters, to regulate the practice of these professions and to discipline licensees. This final-form rulemaking would implement Act 90 and Act 104. Suzanne Zerbe
(717) 783-1400
Regulation Being ConsideredProposed DateNeed and Legal Basis for
Agency Contact
of PromulgationAction
State Board of Nursing
General Revisions
49 Pa. Code Chapter 21
(16A-5125)
Fall 2015, as Final This rulemaking would revise the State Board of Nursing's regulations relating to the timeframes within which candidates for licensure as registered nurses, practical nurses and dietitian-nutritionists must first take and ultimately pass the appropriate licensing examination and updates and makes uniform application and examination provisions across the licensure categories. Cindy Miller
(717) 783-7142
Continuing Education; Reporting of Crimes and Discipline
49 Pa. Code §§ 21.131—21.134
(16A-5126)
Summer 2015, as Final This regulation will amend the Board's continuing education regulations to clarify that registered nurses may not renew their licenses without completing their continuing education, and to clarify the requirements for timely reporting of crimes and disciplinary actions. Cindy Miller
(717) 783-7142
Nursing Education Programs
49 Pa. Code Chapter 21
(16A-5129)
Spring 2016, as Proposed This proposed rulemaking updates and synthesizes the Board's nursing education program approval requirements for pre- and post-licensure education programs for practical nurses, professional nurses and certified registered nurse practitioners into one subchapter. Cindy Miller
(717) 783-7142
Child Abuse Reporting Requirements
49 Pa. Code §§ 21.501—21.507
(16A-5140)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Nursing obtain required training in child abuse recognition and reporting. Cindy Miller
(717) 783-7142
State Board of Examiners of Nursing Home Administrators
Schedule of Civil Penalties
49 Pa. Code § 43b.17
(16A-6213)
Summer 2015, as Proposed This proposed rulemaking would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Chris Stuckey
(717) 783-7155
Notice Requirements
49 Pa. Code §§ 39.92 and 39.93
(16A-6217)
Fall 2015, as Final This rulemaking clarifies notice requirements relating to convictions of crimes and return of suspended or revoked licenses. Chris Stuckey
(717) 783-7155
Child Abuse Reporting Requirements
49 Pa. Code Chapter 39
(16A-6218)
Winter 2015/2016, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed nursing home administrators. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Examiners of Nursing Home Administrators obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155
State Board of Occupational Therapy Education and Licensure
Child Abuse Reporting Requirements
49 Pa. Code Chapter 42
(16A-679)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Occupational Therapy Education and Licensure obtain required training in child abuse recognition and reporting. Judy Harner
(717) 783-1389
Code of Ethics
49 Pa. Code § 42.24
(16A-6710)
Fall 2015, as Proposed Beginning in 2011, the Board undertook a review of the language existing in § 42.24 and has compared it to various editions of the AOTA Occupational Therapy Code of Ethics. As a result of its review, the Board determined that it should update § 42.24 by adopting the 2015 AOTA Code of Ethics, which the Board finds to be the minimum standard of ethical conduct for occupational therapists and occupational therapy assistants in this Commonwealth. The AOTA Code of Ethics not only reflects the Board's own view of ethical practice, but will also keep the Commonwealth's ethical standards consistent with the National standards. Judy Harner
(717) 783-1389
General Revisions
49 Pa. Code Chapter 42
(16A-6711)
Fall 2015, as Proposed The act of July 5, 2012 (P. L. 1132, No. 138) (Act 138) amended the Occupational Therapy Practice Act to, among other things, require the maintenance of professional liability insurance by occupational therapists, provide for the imposition of civil penalties in accordance with the act of July 2, 1993 (P. L. 345, No. 48), permit the Board to participate in the Bureau's ''impaired professionals program,'' and authorize the Board to establish additional requirements for licensure renewal designed to assure continued competency for occupational therapy assistants. This rulemaking implements the professional liability insurance and continued competency provisions of Act 138. Judy Harner
(717) 783-1389
State Board of Optometry
Schedule of Civil Penalties—
Optometrists
49 Pa. Code Chapter 43b
(16A-5212)
COMPLETED. Published as final rulemaking on June 27, 2015 (at 45 Pa.B. 3360). This schedule of civil penalties sets forth penalties for practicing on a lapsed license as well as for failure to complete the required 30 hours of approved continuing education. Stephen Snyder
(717) 783-7155
General Revisions
49 Pa. Code Chapter 23
(16A-5213)
Fall 2015, as Proposed Section 3(b)(14) of the Optometric Practice and Licensure Act (act) gives the Board the authority to promulgate all rules and regulations necessary to carry out the purposes of the act. Section 5(b) of the act provides the minimal requirements for continuing education of 30 hours in a biennial period for licensed optometrists. The Board is proposing amendments to its existing regulations to ensure that clear guidance is given to licensees in prescribing contact lenses, reporting continuing education and the standards for accepting commercial support from the providers of continuing education. Stephen Snyder
(717) 783-7155
Child Abuse Reporting Requirements
49 Pa. Code §§ 23.111—23.116
(16A-5215)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Optometry obtain required training in child abuse recognition and reporting. Stephen Snyder
(717) 783-7155
State Board of Osteopathic Medicine
Child Abuse Reporting Requirements
49 Pa. Code §§ 25.401—25.416
(16A-5326)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Osteopathic Medicine obtain required training in child abuse recognition and reporting. Aaron Hollinger
(717) 783-4858
Genetic Counselors
49 Pa. Code Chapter 25
(16A-5328)
Fall 2015, as Final This final-form rulemaking would implement the act of December 22, 2011 (P. L. 581, No. 126) relating to the licensure of genetic counselors. Aaron Hollinger
(717) 783-4858
Prescribing
49 Pa. Code § 25.218
(16A-5330)
Fall 2015, as Proposed The State Board of Osteopathic Medicine proposes this rulemaking to set forth the minimum acceptable standards of practice that an osteopathic physician or physician assistant licensed by the Board must follow when prescribing, administering or dispensing controlled substances or one specific additional drug which shares serious potential for addiction and abuse (butalbital). Butalbital is a barbiturate that is known to have addictive and abuse potential and is prone to overuse by the consumer. Aaron Hollinger
(717) 783-4858
State Board of Pharmacy
Compounding Practices
49 Pa. Code Chapter 27
(16A-5419)
Fall 2015, as Proposed Through careful review and with input from stakeholders, the State Board of Pharmacy proposes to update its regulations to incorporate developments and improvements in the profession's safe, sterile practices and procedures for the compounding of pharmaceutical products for patients. Melanie Zimmerman
(717) 783-7156
Collaborative Management of Drug Therapy
49 Pa. Code Chapter 27
(16A-5425)
Summer 2015, as Final In August 2002, the Pharmacy Act was amended to add section 9.1 (63 P. S. § 390-9.1) to authorize pharmacists practicing in an institution setting to manage drug therapy via a written protocol. In August 2010, the act was further amended to add section 9.3, which provides for collaborative drug therapy management in accordance with a written collaborative agreement between a physician and a pharmacist in a setting other than an institutional setting. These proposed amendments are required to implement section 9.3. Melanie Zimmerman
(717) 783-7156
Child Abuse Reporting Requirements
49 Pa. Code Chapter 27
(16A-5430)
Winter 2015/2016, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensees of the State Board of Pharmacy. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the Board obtain required training in child abuse recognition and reporting. Melanie Zimmerman
(717) 783-7156
Administration of Injectable Medications, Biologicals and Immunizations
49 Pa. Code §§ 27.401—27.407
(16A-5431)
Winter 2015/2016, as Proposed In June of 2015, the Pharmacy Act was amended to reduce the age of patients that a pharmacist could administer influenza vaccines from 18 to 9 and to allow pharmacy interns to administer injectable medications, biologicals and immunizations. This rulemaking implements the 2015 amendments to the act. Melanie Zimmerman
(717) 783-7156
State Board of Physical Therapy
Continuing Education Enforcement
49 Pa. Code §§ 40.67(f) and 40.192(f)
(16A-6515)
Winter 2015/2016, as Final In conjunction with the civil penalty schedule that follows, this rulemaking would amend the continuing education regulations with regard to enforcement. To obtain greater compliance with the underlying continuing education requirements, this rulemaking amends the Board's regulations to address curing the deficiency when a licensee is found to be in violation of the continuing education regulations. Michelle Roberts
(717) 783-7134
Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(16A-6516)
Winter 2015/2016, as Final This rulemaking would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. As is being done for other licensing boards with continuing education requirements, the Commissioner is proposing a civil penalty schedule for violation of the continuing education requirements for licensees of the Board, because the Commissioner and Board believe the Act 48 citation process will be a much more efficient method of handling these violations, while still ensuring licensees due process. Michelle Roberts
(717) 783-7134
Post-Act 38 Corrections
49 Pa. Code Chapter 40
(16A-6517)
Fall 2015, as Proposed The act of July 4, 2008 (P. L. 293, No. 38) (Act 38) substantially amended the act, including qualifications for licensure as a physical therapist, continuing education for all physical therapists and physical therapist assistants, professional liability insurance for all physical therapists, physician referral, and supervision of physical therapist assistants by physical therapists on a basis that may be less than direct on-premises supervision. Due to the extensive nature and breadth of these amendments, on December 22, 2012, at 42 Pa.B. 7652, the Board amended its regulations to implement Act 38. After final promulgation, the Board discovered various typographical errors to correct, necessary clarity edits and other items that were not, but could have been, addressed in the prior rulemaking. This rulemaking proposes to address those items. Michelle Roberts
(717) 783-7134
Child Abuse Reporting Requirements
49 Pa. Code §§ 40.201—40.207
(16A-6518)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Physical Therapy obtain required training in child abuse recognition and reporting. Michelle Roberts
(717) 783-7134
State Board of Podiatry
Certificate of Authority to Perform Acupuncture
49 Pa. Code Chapter 29
(16A-449)
Fall 2015, as Proposed This proposed rulemaking would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Through this rulemaking the State Board of Podiatry strives to ensure that podiatrists who perform acupuncture will have the proper training. Aaron Hollinger
(717) 783-4858
Child Abuse Reporting Requirements
49 Pa. Code §§ 29.91—29.97
(16A-4412)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Podiatry obtain required training in child abuse recognition and reporting. Aaron Hollinger
(717) 783-4858
Schedule of Civil Penalties—
Podiatrists
49 Pa. Code Chapter 43b
(16A-4413)
Spring 2016, as Final This proposed rulemaking would adopt a schedule of civil penalties for continuing education and lapsed license violations. This is the first time that the State Board of Podiatry will participate in the Act 48 citation program. The Commissioner and the Board believe that it is necessary to implement the civil penalties contained in this proposed rulemaking in order to streamline the disciplinary process. Aaron Hollinger
(717) 783-4858
State Board of Psychology
Continuing Education
49 Pa. Code § 41.59
(16A-6317)
Fall 2015, as Proposed The Board, in its effort to continually review the efficacy of its regulations, has again reviewed the continuing education regulations and has determined that amendments are needed to update, revise and clarify the continuing education requirements. This proposed rulemaking would amend the requirements relating to home study, instruction and carry over. Chris Stuckey
(717) 783-7155
Code of Conduct
49 Pa. Code § 41.61
(16A-6324)
Fall 2015, as Proposed This proposed rulemaking would update the Board's Code of Conduct to adopt the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct and various enumerated APA practice guidelines. Chris Stuckey
(717) 783-7155
Qualifications
49 Pa. Code § 41.31
(16A-6320)
Fall 2015, as Proposed In 2010, the Board published amendments to the regulations relating to education, examination and experience requirements for licensure. Since then, the Board has determined that additional amendments are needed to provide greater clarity. Chris Stuckey
(717) 783-7155
Child Abuse Reporting Requirements
49 Pa. Code Chapter 41
(16A-6322)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Psychology obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155
State Board of Certified Real Estate Appraisers
Schedule of Civil Penalties—
Real Estate Appraisers
49 Pa. Code § 43b.15a
(16A-7016)
Fall 2015, as Proposed The proposed rulemaking will codify and amend the Board's current schedule of civil penalties. Since the publication of the schedule in 2004, there have been several amendments to the Real Estate Appraiser Certification Act (REACA) which have altered several provisions that were included in the current schedule of civil penalties. In addition, the experience of the Board during the intervening years has demonstrated that additional violations, for example, continuing education violations, are appropriately disposed by the Act 48 citation process. Heidy Weirich
(717) 783-4866
Assessment Record Keeping and Reporting
49 Pa. Code §§ 36.201 and 36.265
(16A-7018)
Fall 2015, as Proposed The proposed rulemaking updates the Board's regulations to reflect current practice followed by assessment offices throughout the Commonwealth, and to assure consistency with Uniform Standards of Appraisal Practice (USPAP) and International Association of Assessing Officers (IAAO) standards of assessment practice. Heidy Weirich
(717) 783-4866
Biennial Renewal Fee for Licensed Appraiser Trainee
49 Pa. Code § 36.6
(16A-7020)
Fall 2015, as Final The Board published a final-form rulemaking in 2010 establishing a regulatory scheme for the appraiser trainee license. At that time, the Board established an initial application fee of $75 for the appraiser trainee license. However, although an appraiser trainee license may be renewed biennially up to four times, the Board did not establish a biennial renewal fee. By this final-form rulemaking, the Board corrects that oversight by establishing a biennial renewal fee for licensed appraiser trainees at $150. Heidy Weirich
(717) 783-4866
General Rulemaking for Appraisal Management Companies
49 Pa. Code Chapter 36
(16A-7021)
Summer 2015, as Proposed The proposal would govern the registration of appraisal management companies as required by the Appraisal Management Company Registration Act, 63 P. S. §§ 457.21—457.31. Temporary regulations pertaining to appraisal management companies expired on February 1, 2015. Heidy Weirich
(717) 783-4866
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Child Abuse Reporting Requirements
49 Pa. Code §§ 47.51—47.57
(16A-6919)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors obtain required training in child abuse recognition and reporting. Sandra Matter
(717) 783-1389
Licensed Bachelor Social Worker
49 Pa. Code Chapter 47
(16A-6922)
Fall 2015, as Proposed The proposed rulemaking would amend the Board's regulations to implement the act of October 22, 2014 (P. L. 2884, No. 179) (Act 179) which provides for the establishment of a bachelor level social worker's license. The proposal establishes fees, licensure requirements, continuing education requirements, and standards of practice for licensed bachelor social workers. Sandra Matter
(717) 783-1389
General Revisions
49 Pa. Code Chapters 47, 48 and 49
(16A-6923)
Fall 2015, as Proposed Beginning in 2012, and culminating with this proposed rulemaking, the Board has undertaken a comprehensive review of its regulations relating to qualifications for licensure, supervision of clinical experience, including the provision of supervision through electronic means, and continuing education. The purpose of this rulemaking is to eliminate outdated provisions, update standards to reflect modern technology, and to modernize the Board's processes relating to licensure. Sandra Matter
(717) 783-1389
State Board of Examiners in Speech-Language Pathology and Audiology
General Revisions
49 Pa. Code Chapter 45
(16A-6803)
Winter 2015/2016, as Proposed This proposed regulation would update the Board's existing regulations to delete or amend outdated provisions and to implement the act of Jul 2, 2014 (P. L. 971, No. 106) (Act 106 of 2014), which eliminated licensure of teachers of the hearing impaired and made other revisions to the Speech-Language Pathologists and Audiologists Licensure Act. Sandra Matter
(717) 783-1389
Child Abuse Reporting Requirements
49 Pa. Code §§ 45.401—45.407
(16A-6805)
Winter 2015/2016, as Proposed. This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Examiners in Speech-Language Pathology and Audiology obtain required training in child abuse recognition and reporting. Sandra Matter
(717) 783-1389
State Board of Veterinary Medicine
Licensure of Euthanasia Technicians
49 Pa. Code Chapter 31
(16A-5726)
Fall 2015, as Proposed This proposed rulemaking is necessary to implement the act of October 24, 2012 (P. L. 1452, No. 182) (Act 182 of 2012) which amended the Animal Destruction Method Authorization Law to require the State Board of Veterinary Medicine to register animal welfare organizations and to license euthanasia technicians to permit the organizations to purchase controlled substances and employ euthanasia technicians for the humane euthanasia of small domestic animals. Michelle Roberts
(717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM (SERS)
Time for Recomputation of Annuity
4 Pa. Code § 247.5.1
(#31-14)
2015, as Proposed The regulations will provide guidance on when an annuitant is permitted to change their optional payment plan authorized by the second to last sentence of 71 Pa.C.S. § 5907(j). There is no timeframe in the statute for this election to occur, causing administrative difficulties including possibly permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event. Specifically, the regulations will impose a seven-year time limit forM. Catherine Nolan
(717) 237-0392
Sharon Smith
(717) 237-0227
Jay Pagni
(717) 237-0236
annuitants to change the optional payment plan after the death, divorce or marriage triggering such right or upon occurrence of a superseding triggering event under § 5907(j), whichever occurs first. This proposed rulemaking has been approved by the SERS Board.
Member Contributions for the Purchase of Credit for Previous State Service or to Become a Full Coverage Member
4 Pa. Code § 245.4
(#31-14)
2015, as Proposed The regulations will clarify the effects of the reinstatement or purchase of previous State service, an area in which an appellate and a Board decision have offered partial guidance. Specifically, under the proposed rulemaking, any SERS member or multiple service member of the Public School Employees' Retirement System (''PSERS'') who applies to purchase credit for previous optional State service, must purchase credit for all such service simultaneously and it would also extend the payroll deduction payment period from the currently customary three years to six years. This would enable consistent application of the statute and would reduce litigation of purchase of service issues. It will permit members greater flexibility in making a purchase of service and receiving credit for their previous service. This rulemaking has been approved by the SERS Board. M. Catherine Nolan
(717) 237-0392
Sharon Smith
(717) 237-0227
Jay Pagni
(717) 237-0236
Department of TRANSPORTATION (DOT)
Authorized Vehicles and Special Operating Privileges
67 Pa. Code Chapter 15
(#18-463)
Fall 2015, as Final-Form These amendments designate additional Type I authorized vehicles, including vehicles used by Dog Wardens and the SPCA, to be equipped with yellow flashing or revolving lights. Glenn Rowe
(717) 783-6479
Temporary Registration Cards and Plates
67 Pa. Code Chapter 43
Winter 2015, as Proposed These amendments will effectuate consistent validity periods applicable to temporary registration cards and cardboard temporary registration plates for a vehicle which is acquired in Pennsylvania for in- and out-of-state registration and use. Anita Wasko
(717) 787-2171
School Bus Drivers—
Physical and Mental Criteria
67 Pa. Code Chapter 71
(#18-464)
Winter 2015, as Final-Form The regulations will update the medical standards for school bus drivers that have brain disease, cognitive impairment or a mental/emotional disorder. Laura Krol
(717) 346-1907
School Bus Drivers—
Vision Standards and Loss of Consciousness Requirements
67 Pa. Code Chapter 71
(#18-435)
Winter 2015, as Final-Form The regulations will update the medical standards for school bus drivers who have a loss of consciousness of unknown or uncategorized etiology and establish field of vision requirements. Laura Krol
(717) 346-1907
Photographic Driver's License
67 Pa. Code Chapter 73
Fall 2015, as Proposed This regulation will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a driver's license. Kara N. Templeton
(717) 787-2977
Physical and Mental Criteria Relating to the Licensing of Drivers
67 Pa. Code Chapter 83
(#18-465)
Winter 2015, as Final-Form The regulations will update the medical standards for license holders that have brain disease, cognitive impairment or a mental/emotional disorder. Laura Krol
(717) 346-1907
Vision Standards and Loss of Consciousness Requirements Relating to the Licensing of Drivers
67 Pa. Code Chapter 83
(#18-436)
Winter 2015, as Final-Form The regulations will update the medical standards for license holders who have a loss of consciousness of unknown or uncategorized etiology and establish field of vision requirements. Laura Krol
(717) 346-1907
Identification Cards
67 Pa. Code Chapter 91
Fall 2015, as Proposed This regulation will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a Department issued identification card. Kara N. Templeton
(717) 787-2977
Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
67 Pa. Code Chapter 101
(#18-461)
Winter 2015, as Final-Form The regulation amends existing regulations to be consistent with a Federal Highway Administration rulemaking (23 CFR Part 634). Glenn Rowe
(717) 783-6479
Mechanical Electrical and Electronic Speed Timing Devices
67 Pa. Code Chapter 105
(#18-460)
Fall 2015, as Final-Form The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures. Kay Kishbaugh
(717) 787-2171
Vehicle Equipment and Inspection
67 Pa. Code Chapter 175
(#18-466)
Summer 2015, as Proposed These amendments update vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations by the Department's Inspection Advisory Board. Kay Kishbaugh
(717) 787-2171
Hauling in Excess of Posted Weight Limit
67 Pa. Code Chapter 189
(#18-467)
Fall 2015, as Proposed These amendments is to promulgate regulations consistent with amendments to the Vehicle Code under Act 89 of 2013. Steve Koser
(717) 787-7908
Local Traffic Statement of Policy (Amendment)
67 Pa. Code Chapter 190
(#18-468)
Estimated Publication: Fall 2015 This amended Statement of Policy updates the existing Statement of Policy to reflect amendments to the Vehicle Code under Act 89 of 2013. Steve Koser
(717) 787-7908
Official Traffic Control Devices
67 Pa. Code Chapter 212
Winter 2015, as Proposed These amendments are needed to adopt revisions to the Manual on Uniform Traffic Control Devices (MUTCD) as applicable in Pennsylvania; to update references to Department publications; and to establish that the Secretary may determine the Department will install, operate, or maintain traffic signals, including certain traffic signal corridors (in lieu of local entities), as authorized by Act 89 of 2013. Glenn Rowe
(717) 783-6479
Intrastate Motor Carrier Safety
67 Pa. Code Chapter 231
(#18-462)
Fall 2015, as Proposed The proposed amendments are necessary to waive hours of service and other requirements for mass transportation organizations and their drivers, while establishing new requirements consistent with the public interest. Danielle Spila
(717) 787-1208
Hazardous Material Transportation
67 Pa. Code Chapter 403
(#18-469)
Fall 2015, as Proposed The purpose of these amendments is to remove outdated or superfluous language in the Department's Hazardous Materials regulations and ensure consistency with federal regulations. Glenn Rowe
(717) 783-6479
[Pa.B. Doc. No. 15-1385. Filed for public inspection July 24, 2015, 9:00 a.m.]



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