Pennsylvania Bulletin

PA Bulletin, Doc. No. 10-244b

[40 Pa.B. 771]
[Saturday, February 6, 2010]

[Continued from previous Web Page]

REVENUE

Support Offset and Other Personal Income Tax Provisions July, 2010, as proposed. This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas Berguson
(717) 346-4633

Amendments to Chapter 117. Return and Payment of Tax June, 2010, as proposed. The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson
(717) 346-4633

Pennsylvania Subchapter S Corporations—
Election Language
61 Pa. Code
Chapter 107a July, 2010, as proposed. The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal Income Tax. Douglas Berguson
(717) 346-4633

Corporate Net
Income Tax
61 Pa. Code §§ 151.14, 153.54
and 153.66—
Amended Report July, 2010, as final. The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced. Douglas Berguson
(717) 346-4633

Pennsylvania
Sales and Use
Tax Amendments to
61 Pa. Code
§ 53.1 Clothing March, 2010, as final. The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples. Douglas Berguson
(717) 346-4633

§ 119.30 Innocent Spouse Relief March, 2010, as proposed. The Department is promulgating a new rulemaking to clarify the Department's policy on Innocent Spouse Relief for Pennsylvania Personal Income Tax as enacted under Act 87 of 2002. Douglas Berguson
(717) 346-4633

SECURITIES COMMISSION

No regulations being developed or considered at this time.

STATE

Bureau of Commissions, Elections and Legislation

—Lobbying Disclosure Registration Fee—(16-50)

—Electronic Notarization Standards—
4 Pa. Code,
Subpart F
(number not yet assigned)

Spring 2010, as final.

Spring 2010, as proposed.

The rulemaking would increase the biennial registration fee for individuals and entities required to be registered under the Lobbying Disclosure Act from $100 to $200. Statutory Authority: Section 13A08(j) of the Lobbying Disclosure Act, 65 Pa.C.S. § 13A08(j), provides that the Department may by regulation adjust the filing fee established under section 13A10 of the act, if the Department determines that a higher fee is necessary to cover the costs of carrying out the provisions of the act.

The proposed regulation would establish standards for notaries to use electronic notarization. Statutory Authority: Section 22.3 of the Notary Public Law of 1953, 57 P. S. § 168.3.

Shauna Graves
(717) 783-0736

Martha Brown
(717) 783-2804

Bureau of Professional and Occupational Affairs

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

Spring 2010, as proposed.

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

Cynthia K. Montgomery
(717) 783-7200

State Board of Accountancy

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

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

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

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

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

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

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

Sara Fox
(717) 783-1404

State Architects Licensure Board

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

—Experience Requirement—
49 Pa. Code § 9.46 (number not
yet assigned)

Summer 2010, as proposed.

Summer 2010, as proposed.

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

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

Penny Walker
(717) 783-3397

State Board of Barber Examiners

—Student Records and Curriculum—
49 Pa. Code
Chapter 3
(16A-427)

—Fees—
49 Pa. Code § 3.103 (16A-428)

Spring 2010, as final.

Winter 2009/2010, as proposed.

This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-State or out-of-State; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).

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

Kelly Diller
(717) 783-3402

State Board of Chiropractic

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

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

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

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

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

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

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

Deborah Smith
(717) 783-7155

—Continuing Education Violations—
49 Pa. Code § 5.77 (16A-4318)

—Reciprocal Licensure—
49 Pa. Code § 5.13 (number not
yet assigned)

—Schedule of
Civil Penalties— Chiropractors
49 Pa. Code
Chapter 43b
(16-44)

—Volunteer license—
49 Pa. Code § 5.20 (number not
yet assigned) Summer 2010, as final.

Summer 2010, as proposed.

Summer 2010, as final.

Spring 2010, as final (proposed-
omitted). This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a).

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

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

This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302. Deborah Smith
(717) 783-7155

Corporation Bureau

—UCC Revised Article 9—
(16-35) Spring 2010, as proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526. Martha Brown
(717) 787-6802

State Board of Cosmetology

—Fees—
49 Pa. Code § 7.2 (16A-4515)

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

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

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

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

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

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

Kelly Diller
(717) 783-7130

State Board of Crane Operators

—Implementation of the Crane Operator Licensure Act—
49 Pa. Code
Chapter 36 (16A-7101)

Spring 2010, as proposed.

This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. 1363, No. 100), 63 P. S. § 2400.2102.

Penny Walker
(717) 783-3397

State Board of Dentistry

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

—Licensure by examination—
49 Pa. Code § 33.103 (16A-4620)

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

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

Summer 2010, as final.

Spring 2010, as final.

Summer 2010, as proposed.

Spring 2010, as final (proposed-
omitted).

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

This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o).

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

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

Lisa Burns
(717) 783-7162

State Registration Board for Professional Engineers, Land Surveyors and Geologists

—General Revisions—
49 Pa. Code
Chapter 37 (16A-479)
Spring 2010, as proposed. The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151. Terrie Kocher
(717) 783-7049

—Continuing Education—
49 Pa. Code
Chapter 37 (16A-4710) Spring 2010, as final. The regulation would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a).

—Schedule of Civil Penalties—
Engineers, Geologists and Land Surveyors 49 Pa. Code
Chapter 43b.
(16-43) Spring 2010, as final. This regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

State Board of Funeral Directors

—Preneed Activities of Unlicensed Employee—
49 Pa. Code
Chapter 13 (16A-4816)

—Continuing education enforcement—
49 Pa. Code
Chapter 13, §§ 13.231 and 13.401 (16A-4818)

—Schedule of Civil Penalties—
continuing education violations—
49 Pa. Code
Chapter 43, § 43b.6. (16-47)

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

Spring 2010, as final.

Spring 2010, as final.

Spring 2010, as final.

Summer 2010, as proposed.

The regulation would clarify what conduct by an unlicensed individual is permitted with regard to preneed funeral contracts, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).

This regulation would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a).

This regulation would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b).

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

Heidy Weirich
(717) 783-3397

State Board of Landscape Architects

—Biennial Renewal Fees—
49 Pa. Code § 15.12 (16A-619) Spring 2010, as proposed. This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905. Terrie Kocher
(717) 783-7049

—Licensure Requirements and Continuing Education—
49 Pa. Code
Chapter 15 (16A-6110) Spring 2010, as proposed. This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9).

—Schedule of Civil Penalties—Landscape Architects
49 Pa. Code
Chapter 43b
(number not
yet assigned) Spring 2010, as proposed.
This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

State Board of Massage Therapy

—Implementation
of the Massage Therapy Law—
49 Pa. Code
Chapter 20 (16A-7201) Spring 2010, as proposed. This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P.L 1438, No. 118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months. Teresa Lazo
(717) 783-7200

State Board of Medicine

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

—Clarification
of Medicine and Surgery—
49 Pa. Code
Chapters 16 and 17 (16A-4927)

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

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

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

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

This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.

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

The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.

Tammy Radel
(717) 783-1400

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

—Schedule of
Civil Penalties—
49 Pa. Code
Chapter 43b, § 43b.20
(number not
yet assigned) Spring 2010, as proposed.

Spring 2010, as proposed. The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.

This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). Tammy Radel
(717) 783-1400

State Board of Nursing

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

—Clinical Nurse Specialists—
49 Pa. Code, Subchapter H, §§ 21.801—21.831 (16A-5133)

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

Spring 2010, as proposed.

Spring 2010, as final.

Spring 2010, as proposed.

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

This proposed regulation would implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act.

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

Ann Steffanic
(717) 783-7142

—Reactivation/
Re-licensure after Lapse—
49 Pa. Code
Chapter 21 (16A-5135) Summer 2010, as proposed. This regulation would set standards for the reactivation/relicensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally. Ann Steffanic
(717) 783-7142

—Biennial Renewal Fees—
49 Pa. Code
Chapter 21 (16A-5136) Spring 2010, as final. This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nurse Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.

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

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

—Volunteer License— 49 Pa. Code
Chapter 21, Subchapter F, §§ 21.601—21.607 (number not
yet assigned) Summer 2010, as proposed.

Summer 2010, as proposed.

Spring 2010, as final (proposed-
omitted). This regulation will require out-of-State educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.

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

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

State Board of Examiners of Nursing Home Administrators

—Temporary Permits—
49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629)

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

—Continuing Education—
49 Pa. Code § 39.61 (16A-6212)

Spring 2010, as final.

Summer 2010, as proposed.

Spring 2010, as final.

The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114.

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

This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b).

Chris Stuckey

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

Schedule of
Civil Penalties—
49 Pa. Code
Chapter 43b,
§ 43b.17
(number not
yet assigned) Spring 2010, as proposed.

Spring 2010, as proposed. This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4),(9) and (c).

This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). (717) 783-7155

State Board of Occupational
Therapy Education and Licensure

—Continued Competency—
49 Pa. Code §§ 42.50-42.58 (16A-677)
Spring 2010, as proposed. The proposed rulemaking would implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b). Chris Stuckey
(717) 783-1389

State Board of Optometry

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

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

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

Spring 2010, as final (proposed-
omitted).

Spring 2010, as proposed.

Spring 2010, as final (proposed-
omitted).

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

This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.

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

Deborah Smith
(717) 783-7155

State Board of Osteopathic Medicine

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

—Licensure of Respiratory Therapists and Physician Assistants—
49 Pa. Code
Chapter 25 (16A-5320)

—Perfusionists—
49 Pa. Code
Chapter 25 (16A-5321)

—Reduction of Biennial Renewal
Fee for Osteopathic Physicians—
49 Pa. Code § 25.231 (16A-5322)

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

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

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as final (proposed-
omitted).

Spring 2010, as final (proposed-
omitted).

Spring 2010, as proposed.

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

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

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

The rulemaking is needed to decrease the biennial renewal fee for osteopathic physicians. Statutory Authority: Section 13.1 of the Osteopathic Medical Practice Act (act), 63 P. S. § 271.13a.

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

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

Gina Bittner
(717) 783-4858

State Board of Pharmacy

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

—Cancer Drug Repository Program— 49 Pa. Code
Chapter 27 (16A-5423)

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

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

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

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

The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act within 90 days of the effective date. The effective date was July 12, 2008.

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

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

Melanie Zimmerman
(717) 783-7156

State Board of Physical Therapy

—Continuing Education Providers—
49 Pa. Code § 40.63 (16A-6513)

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

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

Spring 2010, as final.

Spring 2010, as proposed.

Spring 2010, as proposed.

This proposed rulemaking would clarify and update the continuing education requirements relating to approved providers of continuing education. Statutory authority: Sections 3(a) and 9(c)(2) of the Physical Therapy Practice Act, 63 P. S. §§ 1303(a) and 1303(c)(2).

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

This regulation would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Michelle Roberts
(717) 783-7134

State Board of Podiatry

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

—Continuing Education—
49 Pa. Code
§§ 29.61 and 29.63 (16A-4410)

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

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

Spring 2010, as proposed.

Spring 2010, as final.

Spring 2010, as proposed.

Spring 2010, as final (proposed-
omitted).

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

This regulation would increase the biennial continuing education requirement from 30 hours to 50 hours and expand the categories of approved continuing education providers. Statutory Authority: Section 9.1 of the Podiatry Practice Act, 63 P. S. § 42.9a.

This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.

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

Gina Bittner
(717) 783-4858

State Board of Psychology

—Qualifications—
49 Pa. Code
Chapter 41 (16A-6315)

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

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

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

Spring 2010, as final.

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

This regulation would amend education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2).

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

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

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

Chris Stuckey
(717) 783-7155

State Board of Certified Real Estate Appraisers

Certification of Appraisers and Licensure of Appraiser Trainees— 49 Pa. Code
Chapter 36 (16A-7015)

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

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

Fall 2010, as final.

Spring 2010, as proposed.

Spring 2010, as proposed.

The proposed rulemaking would implement the amendments to the Real Estate Appraisers Certification Act made by the Act of July 8, 2008 (P. L. 833, No. 59), and makes other amendments required to comply with a recent audit of the Appraisal Subcommittee, which identified areas of the Board's regulations that did not conform with AQB criteria. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).

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

The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties, with the approval of the Board.

Heidy Weirich
(717) 783-3397

State Real Estate Commission

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

—Fees—
49 Pa. Code § 35.203 (16A-5615)

—Seller's Property Disclosure Statement—
49 Pa. Code § 33.335a (16A-5618)

—Property Management—
49 Pa. Code
Chapter 35 (16A-5619)

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

Spring 2010, as proposed.

Spring 2010, as final.

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as proposed.

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

The regulation would amend current fees by consolidating the initial licensure fee charged to new applicants from a two-tiered structure to a single fee in order to allow the Commission to establish an online application in that the current system cannot accommodate a two-tiered fee structure. Statutory Authority: Sections 404 and 407 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.407.

This regulation would adopt a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law, 63 P. S. § 7304(a).

The proposed regulation would establish standards for licensees who engage in property management. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.

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

Patricia Ridley
(717) 783-3658

—Schedule of
Civil Penalties—
49 Pa. Code
Chapter 43b, § 43b.8 (number not
yet assigned) Spring 2010, as proposed. This regulation would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

State Board of Social Workers, Marriage and Family Therapists and Professional Counselors

—Standards of Professional Conduct—
49 Pa. Code
Chapters 47,
48 and 49
(16A-6911)

—Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement—
49 Pa. Code
Chapters 47,
48 and 19
(16A-6916)

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

Spring 2010, as final.

Spring 2010, as proposed

Spring 2010, as proposed.

The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).

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

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

Sandra Matter
(717) 783-1389

State Board of Examiners in Speech-Language and Hearing

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

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

Summer 2010, as proposed.

Spring 2010, as proposed.

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

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

Sandra Matter
(717) 783-1389

State Board
of Vehicle Manufacturers, Dealers and Salespersons

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

—Fee for Out-of-State RV Dealer Participating
in a Show—
49 Pa. Code § 19.4 (number not
yet assigned)

Spring 2010, as proposed.

Spring 2010, as proposed.

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

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

Janice Cline
(717) 783-1697

State Board of Veterinary Medicine

—Veterinary Dentistry—
49 Pa. Code
Chapter 31 (16A-5718)

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

—Responsibility to Clients and Patients—
49 Pa. Code § 31.21 (16A-5722)

—Biennial Renewal Fees—
49 Pa. Code § 31.41 (16A-5723)

—Schedule of Civil Penalties— Veterinarians and Veterinary Technicians—
49 Pa. Code § 43b.21a.
(16A-51)

Spring 2010, as proposed.

Spring 2010, as proposed.

Spring 2010, as final.

Summer 2010, as final.

Spring 2010, as proposed.

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

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

This regulation would amend, update and clarify Principle 7 of the Rules of Professional Conduct for Veterinarians relating to veterinarians' responsibilities to clients and patients. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.

This regulation would provide for graduated increases in the biennial renewal fees for veterinarians and veterinary technicians. Statutory Authority: Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13.

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

Michelle Roberts
(717) 783-7134

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*REVENUE*
Support Offset and Other Personal Income Tax Provisions	July, 2010, as proposed.	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson (717) 346-4633
Amendments to Chapter 117. Return and Payment of Tax	June, 2010, as proposed.	The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements.	Douglas Berguson (717) 346-4633
Pennsylvania Subchapter S Corporations— Election Language 61 Pa. Code Chapter 107a	July, 2010, as proposed.	The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal Income Tax.	Douglas Berguson (717) 346-4633
Corporate Net Income Tax 61 Pa. Code §§ 151.14, 153.54 and 153.66— Amended Report	July, 2010, as final.	The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced.	Douglas Berguson (717) 346-4633
Pennsylvania Sales and Use Tax Amendments to 61 Pa. Code § 53.1 Clothing	March, 2010, as final.	The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples.	Douglas Berguson (717) 346-4633
§ 119.30 Innocent Spouse Relief	March, 2010, as proposed.	The Department is promulgating a new rulemaking to clarify the Department's policy on Innocent Spouse Relief for Pennsylvania Personal Income Tax as enacted under Act 87 of 2002.	Douglas Berguson (717) 346-4633
*SECURITIES COMMISSION*
No regulations being developed or considered at this time.
*STATE*
Bureau of Commissions, Elections and Legislation —Lobbying Disclosure Registration Fee—(16-50) —Electronic Notarization Standards— 4 Pa. Code, Subpart F (number not yet assigned)	Spring 2010, as final. Spring 2010, as proposed.	The rulemaking would increase the biennial registration fee for individuals and entities required to be registered under the Lobbying Disclosure Act from $100 to $200. Statutory Authority: Section 13A08(j) of the Lobbying Disclosure Act, 65 Pa.C.S. § 13A08(j), provides that the Department may by regulation adjust the filing fee established under section 13A10 of the act, if the Department determines that a higher fee is necessary to cover the costs of carrying out the provisions of the act. The proposed regulation would establish standards for notaries to use electronic notarization. Statutory Authority: Section 22.3 of the Notary Public Law of 1953, 57 P. S. § 168.3.	Shauna Graves (717) 783-0736 Martha Brown (717) 783-2804
Bureau of Professional and Occupational Affairs —Schedule of Civil Penalties for violations of the Clean Indoor Air Act— 49 Pa. Code Chapter 43b (16-46)	Spring 2010, as proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.	Cynthia K. Montgomery (717) 783-7200
State Board of Accountancy —Continuing Education- 49 Pa. Code §§ 11.61—11.69a (16A-5511) —General Revisions— 49 Pa. Code Chapter 11 (number not yet assigned) —Civil Penalty Schedule— Accountants— 49 Pa. Code § 43b.10a. (16-48)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Sara Fox (717) 783-1404
State Architects Licensure Board —General Revisions— 49 Pa. Code Chapter 9 (number not yet assigned) —Experience Requirement— 49 Pa. Code § 9.46 (number not yet assigned)	Summer 2010, as proposed. Summer 2010, as proposed.	This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d). This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Penny Walker (717) 783-3397
State Board of Barber Examiners —Student Records and Curriculum— 49 Pa. Code Chapter 3 (16A-427) —Fees— 49 Pa. Code § 3.103 (16A-428)	Spring 2010, as final. Winter 2009/2010, as proposed.	This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-State or out-of-State; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b). The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.	Kelly Diller (717) 783-3402
State Board of Chiropractic —Chiropractic specialties— 49 Pa. Code Chapter 5 (16A-4312) Review of Chiropractic Treatment— 49 Pa. Code Chapter 5 (16A-4315) —Assistance of Unlicensed Supportive Personnel— 49 Pa. Code Chapter 5 (16A-4316)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). This proposed rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). This proposed rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601.	Deborah Smith (717) 783-7155
—Continuing Education Violations— 49 Pa. Code § 5.77 (16A-4318) —Reciprocal Licensure— 49 Pa. Code § 5.13 (number not yet assigned) —Schedule of Civil Penalties— Chiropractors 49 Pa. Code Chapter 43b (16-44) —Volunteer license— 49 Pa. Code § 5.20 (number not yet assigned)	Summer 2010, as final. Summer 2010, as proposed. Summer 2010, as final. Spring 2010, as final (proposed- omitted).	This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a). This proposed rulemaking would provide a revised method of licensing out-of-State chiropractors by reciprocity. Statutory Authority: Sections 302(3) and 504 of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.504. This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties with the approval of the Board. This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.	Deborah Smith (717) 783-7155
Corporation Bureau —UCC Revised Article 9— (16-35)	Spring 2010, as proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Martha Brown (717) 787-6802
State Board of Cosmetology —Fees— 49 Pa. Code § 7.2 (16A-4515) —Sanitation— 49 Pa. Code Chapter 7 (16A-4516) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.5. (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period. This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520. This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Kelly Diller (717) 783-7130
State Board of Crane Operators —Implementation of the Crane Operator Licensure Act— 49 Pa. Code Chapter 36 (16A-7101)	Spring 2010, as proposed.	This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. 1363, No. 100), 63 P. S. § 2400.2102.	Penny Walker (717) 783-3397
State Board of Dentistry —EFDA Program Approval— 49 Pa. Code Chapter 33 (16A-4616) —Licensure by examination— 49 Pa. Code § 33.103 (16A-4620) —Anesthesia Update— 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (16A-4621) —Volunteer License— 49 Pa. Code § 33.110 (Number not yet assigned)	Summer 2010, as final. Spring 2010, as final. Summer 2010, as proposed. Spring 2010, as final (proposed- omitted).	This regulation would establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a). This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o). This regulation would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c. This regulation would amend the current volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).	Lisa Burns (717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists
—General Revisions— 49 Pa. Code Chapter 37 (16A-479)	Spring 2010, as proposed.	The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151.	Terrie Kocher (717) 783-7049
—Continuing Education— 49 Pa. Code Chapter 37 (16A-4710)	Spring 2010, as final.	The regulation would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a).
—Schedule of Civil Penalties— Engineers, Geologists and Land Surveyors 49 Pa. Code Chapter 43b. (16-43)	Spring 2010, as final.	This regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.
State Board of Funeral Directors —Preneed Activities of Unlicensed Employee— 49 Pa. Code Chapter 13 (16A-4816) —Continuing education enforcement— 49 Pa. Code Chapter 13, §§ 13.231 and 13.401 (16A-4818) —Schedule of Civil Penalties— continuing education violations— 49 Pa. Code Chapter 43, § 43b.6. (16-47) —Supervision at Funeral Services— 49 Pa. Code § 13.215 (number not yet assigned)	Spring 2010, as final. Spring 2010, as final. Spring 2010, as final. Summer 2010, as proposed.	The regulation would clarify what conduct by an unlicensed individual is permitted with regard to preneed funeral contracts, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a). This regulation would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a). This regulation would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b). The proposed rulemaking would update the Board's regulations to address current practice. Statutory Authority: Sections 11(a)(5) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(5) and 479.16(a).	Heidy Weirich (717) 783-3397
State Board of Landscape Architects
—Biennial Renewal Fees— 49 Pa. Code § 15.12 (16A-619)	Spring 2010, as proposed.	This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905.	Terrie Kocher (717) 783-7049
—Licensure Requirements and Continuing Education— 49 Pa. Code Chapter 15 (16A-6110)	Spring 2010, as proposed.	This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9).
—Schedule of Civil Penalties—Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2010, as proposed.	This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.
State Board of Massage Therapy —Implementation of the Massage Therapy Law— 49 Pa. Code Chapter 20 (16A-7201)	Spring 2010, as proposed.	This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P.L 1438, No. 118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months.	Teresa Lazo (717) 783-7200
State Board of Medicine —General Revisions— 49 Pa. Code Chapters 16, 17 and 18 (16A-4925) —Clarification of Medicine and Surgery— 49 Pa. Code Chapters 16 and 17 (16A-4927) —Behavior Specialists— 49 Pa. Code Chapter 18 (16A-4929) —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 18 (16A-4930)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	This proposed rulemaking would implement Acts 29, 46 and 48 of 2007, and would generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act. This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. The proposed rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists. The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.	Tammy Radel (717) 783-1400
—Perfusionists— 49 Pa. Code Chapter 18, Subchapter J (16A-4931) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.20 (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as proposed.	The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008. This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Radel (717) 783-1400
State Board of Nursing —LPN/IV Therapy— 49 Pa. Code § 21.145 (16A-5122) —Clinical Nurse Specialists— 49 Pa. Code, Subchapter H, §§ 21.801—21.831 (16A-5133) —Updated Applications— 49 Pa. Code § 21.151 (16A-5134)	Spring 2010, as proposed. Spring 2010, as final. Spring 2010, as proposed.	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. This proposed regulation would implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act. The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.	Ann Steffanic (717) 783-7142
—Reactivation/ Re-licensure after Lapse— 49 Pa. Code Chapter 21 (16A-5135)	Summer 2010, as proposed.	This regulation would set standards for the reactivation/relicensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.	Ann Steffanic (717) 783-7142
—Biennial Renewal Fees— 49 Pa. Code Chapter 21 (16A-5136)	Spring 2010, as final.	This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nurse Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.
—Out-of-State Nursing Education Programs using Pennsylvania Clinical Sites— 49 Pa. Code Chapter 21 (16A-5137) —Fees for Nursing Education Programs— 49 Pa. Code Chapter 21 (number not yet assigned) —Volunteer License— 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601—21.607 (number not yet assigned)	Summer 2010, as proposed. Summer 2010, as proposed. Spring 2010, as final (proposed- omitted).	This regulation will require out-of-State educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659. This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board. This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
State Board of Examiners of Nursing Home Administrators —Temporary Permits— 49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629) —Sexual Misconduct— 49 Pa. Code §§ 39.1 and 39.9 (16A-6211) —Continuing Education— 49 Pa. Code § 39.61 (16A-6212)	Spring 2010, as final. Summer 2010, as proposed. Spring 2010, as final.	The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114. This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g). This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b).	Chris Stuckey
—Continued Competence— 49 Pa. Code Chapter 39 (16A-6213) Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.17 (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as proposed.	This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4),(9) and (c). This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). (717) 783-7155
State Board of Occupational Therapy Education and Licensure —Continued Competency— 49 Pa. Code §§ 42.50-42.58 (16A-677)	Spring 2010, as proposed.	The proposed rulemaking would implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Chris Stuckey (717) 783-1389
State Board of Optometry —Continuing Education— 49 Pa. Code §§ 23.81 and 23.82 (16A-5212) Schedule of Civil Penalties— Optometrists 49 Pa. Code Chapter 43b (number not yet assigned) —Volunteer License— 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2010, as final (proposed- omitted). Spring 2010, as proposed. Spring 2010, as final (proposed- omitted).	This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the 2 years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5). This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Deborah Smith (717) 783-7155
State Board of Osteopathic Medicine —Miscellaneous Provisions— 49 Pa. Code Chapter 25 (16A-5319) —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 25 (16A-5320) —Perfusionists— 49 Pa. Code Chapter 25 (16A-5321) —Reduction of Biennial Renewal Fee for Osteopathic Physicians— 49 Pa. Code § 25.231 (16A-5322) —Volunteer License— 49 Pa. Code Chapter 25, Subchapter L, §§ 25.601—25.607. (number not yet assigned) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as final (proposed- omitted). Spring 2010, as final (proposed- omitted). Spring 2010, as proposed.	This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act. The proposed rulemaking implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months. The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P.L 161, No. 20) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008. The rulemaking is needed to decrease the biennial renewal fee for osteopathic physicians. Statutory Authority: Section 13.1 of the Osteopathic Medical Practice Act (act), 63 P. S. § 271.13a. This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16. This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner (717) 783-4858
State Board of Pharmacy —Compounding Practices— 49 Pa. Code Chapter 27 (16A-5419) —Cancer Drug Repository Program— 49 Pa. Code Chapter 27 (16A-5423) —Pharmacy Internship— 49 Pa. Code Chapter 27 (16A-5424) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	This rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs. The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act within 90 days of the effective date. The effective date was July 12, 2008. This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license. This regulation would amend the schedule of civil penalties for the State Board of Pharmacy to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy —Continuing Education Providers— 49 Pa. Code § 40.63 (16A-6513) —Act 38 Revisions— 49 Pa. Code Chapter 40 (16A-6514) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2010, as final. Spring 2010, as proposed. Spring 2010, as proposed.	This proposed rulemaking would clarify and update the continuing education requirements relating to approved providers of continuing education. Statutory authority: Sections 3(a) and 9(c)(2) of the Physical Therapy Practice Act, 63 P. S. §§ 1303(a) and 1303(c)(2). The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008. This regulation would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Roberts (717) 783-7134
State Board of Podiatry —Certificate of Authority to Perform Acupuncture— 49 Pa. Code Chapter 29 (16A-449) —Continuing Education— 49 Pa. Code §§ 29.61 and 29.63 (16A-4410) —Schedule of Civil Penalties—Podiatrists 49 Pa. Code Chapter 43b (Number not yet assigned) —Volunteer License— 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as final. Spring 2010, as proposed. Spring 2010, as final (proposed- omitted).	This regulation would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803. This regulation would increase the biennial continuing education requirement from 30 hours to 50 hours and expand the categories of approved continuing education providers. Statutory Authority: Section 9.1 of the Podiatry Practice Act, 63 P. S. § 42.9a. This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Gina Bittner (717) 783-4858
State Board of Psychology —Qualifications— 49 Pa. Code Chapter 41 (16A-6315) —Continuing Education— 49 Pa. Code § 41.59 (16A-6317) —Code of Conduct— 49 Pa. Code § 41.61 (16A-6318) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2010, as final. Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	This regulation would amend education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2). This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215. This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). This regulation would establish a schedule of civil penalties for the State Board of Psychology to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey (717) 783-7155
State Board of Certified Real Estate Appraisers Certification of Appraisers and Licensure of Appraiser Trainees— 49 Pa. Code Chapter 36 (16A-7015) Continuing Education Enforcement— 49 Pa. Code §§ 36.41 and 36.241 (16A-7016) Schedule of Civil Penalties— Real Estate Appraisers— 49 Pa. Code § 43b.15a (16-49)	Fall 2010, as final. Spring 2010, as proposed. Spring 2010, as proposed.	The proposed rulemaking would implement the amendments to the Real Estate Appraisers Certification Act made by the Act of July 8, 2008 (P. L. 833, No. 59), and makes other amendments required to comply with a recent audit of the Appraisal Subcommittee, which identified areas of the Board's regulations that did not conform with AQB criteria. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2). The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2). The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties, with the approval of the Board.	Heidy Weirich (717) 783-3397
State Real Estate Commission —Education— 49 Pa. Code §§ 35.384 and 35.385 (16A-5613) —Fees— 49 Pa. Code § 35.203 (16A-5615) —Seller's Property Disclosure Statement— 49 Pa. Code § 33.335a (16A-5618) —Property Management— 49 Pa. Code Chapter 35 (16A-5619) —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620)	Spring 2010, as proposed. Spring 2010, as final. Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as proposed.	This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a. The regulation would amend current fees by consolidating the initial licensure fee charged to new applicants from a two-tiered structure to a single fee in order to allow the Commission to establish an online application in that the current system cannot accommodate a two-tiered fee structure. Statutory Authority: Sections 404 and 407 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.407. This regulation would adopt a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law, 63 P. S. § 7304(a). The proposed regulation would establish standards for licensees who engage in property management. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404. The proposed regulation would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.	Patricia Ridley (717) 783-3658
—Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Spring 2010, as proposed.	This regulation would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors —Standards of Professional Conduct— 49 Pa. Code Chapters 47, 48 and 49 (16A-6911) —Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement— 49 Pa. Code Chapters 47, 48 and 19 (16A-6916) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2010, as final. Spring 2010, as proposed Spring 2010, as proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). This proposed rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008 This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter (717) 783-1389
State Board of Examiners in Speech-Language and Hearing —General Revisions— 49 Pa. Code Chapter 45 (number not yet assigned) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Summer 2010, as proposed. Spring 2010, as proposed.	This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2). This regulation would amend the schedule of civil penalties for the State Board of Speech-Language and Hearing to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons —Salesperson License— 49 Pa. Code Chapter 19 (16A-609) —Fee for Out-of-State RV Dealer Participating in a Show— 49 Pa. Code § 19.4 (number not yet assigned)	Spring 2010, as proposed. Spring 2010, as proposed.	This regulation would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-State RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).	Janice Cline (717) 783-1697
State Board of Veterinary Medicine —Veterinary Dentistry— 49 Pa. Code Chapter 31 (16A-5718) —Facilities— 49 Pa. Code Chapter 31 (16A-5720) —Responsibility to Clients and Patients— 49 Pa. Code § 31.21 (16A-5722) —Biennial Renewal Fees— 49 Pa. Code § 31.41 (16A-5723) —Schedule of Civil Penalties— Veterinarians and Veterinary Technicians— 49 Pa. Code § 43b.21a. (16A-51)	Spring 2010, as proposed. Spring 2010, as proposed. Spring 2010, as final. Summer 2010, as final. Spring 2010, as proposed.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5. This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27. This regulation would amend, update and clarify Principle 7 of the Rules of Professional Conduct for Veterinarians relating to veterinarians' responsibilities to clients and patients. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5. This regulation would provide for graduated increases in the biennial renewal fees for veterinarians and veterinary technicians. Statutory Authority: Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13. This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties, with the approval of the Board.	Michelle Roberts (717) 783-7134

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