Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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

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

PA Bulletin, Doc. No. 22-1163

NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[52 Pa.B. 4340]
[Saturday, July 30, 2022]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration.

 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 information provided is current as of August, 2022. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being ConsideredProposed Date of PromulgationNeed and Legal Basis for ActionAgency Contact
Department of Aging
Older Adult Daily Living Centers
6 Pa. Code Chapter 11
Fall 2022,
as Proposed
The purpose of 6 Pa. Code Chapter 11 is to protect the health, safety and well-being of persons with functional impairments for the licensure and operation of Older Adult Daily Living Centers (OADLC). These regulations—the statutory authority for which is found in Act 118 of 1990 and in 62 P.S. Chapter 2 § 1511—were adopted on July 2, 1993 and effective October 12, 1993. The Pennsylvania Department of Aging is responsible for the enforcement of these regulations. OADLC services provide a structured program of services to clients who require the service along with valuable respite to caregivers. The proposed rulemaking would update the existing regulatory language to address changes in other statutes, regulations, codes, ordinances, and other professional standards and practices, along with addressing the increasing frailty of clients served in OADLC. Barb Valaw
(717) 787-4522
Pennsylvania Community Adult Respite Services Program
Act 166 of 2014
Summer 2022,
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 (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments.
The purpose of the proposed rulemaking is to provide guidance to persons wishing to provide community adult respite services to eligible persons for part of a 24-hour day, filling a niche between senior centers and older adult daily living centers, as required by Act 166 of 2014.
Barb Valaw
(717) 787-4522
Department of Agriculture
Agricultural Conservation Easement Purchase Program
7 Pa. Code Chapter 138e
(# 2-192)
Expected publication on proposed Q1, 2023 The regulation will revise the regulation to address the five amendments of the Agricultural Area Security Law that occurred since 2004, when the regulation was last revised. The revision will accomplish a ''housekeeping'' update to reflect the Department's experience in administering the Agricultural Conservation Easement purchase program. Doug Wolfgang
(717) 783-3167
Milk Sanitation
7 Pa. Code Chapter 59a
(# 2-194)
Expected publication on proposed Q4, 2022 The regulation will: 1) accomplish a ''housekeeping'' update to the technical Milk Sanitation regulations; 2) allow for the lawful production and sale of raw milk butter; and 3) lower the maximum permissible somatic cell count for milk. Sheri Morris
(717) 787-4315
Department of Banking and Securities (DOBS)
No regulations being developed or considered at this time.
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants
17 Pa. Code Chapter 45
Winter 2022,
as Proposed
Pursuant to section 5307(c) of the Wild Resource Conservation Act (32 P.S. § 5307(c)) and sections 305(a)(9) and 313(g) of the Conservation and Natural Resources Act (71 P.S. §§ 1340.305(a)(9) and 1340.313(g)), the proposed rulemaking will update existing regulatory classification lists, and scientific and common names, of certain Pennsylvania native wild plants. Rebecca Bowen
(717) 772-0258
Lisa Maiorana
(717) 783-0139
Prescribed Burning Practices Act, Act of Jul. 17, 2009,
P.L. 76, No. 17 (32 P.S. § 425)
Spring 2023,
as Proposed
DCNR and other agencies and organizations have been utilizing prescribed fires (controlled burns) on publicly-owned forests and grasslands in the Commonwealth since 2009. At this time, there is significant interest and need to expand the use of prescribed fire and allow its use to manage privately-owned lands in Pennsylvania. To do so safely, DCNR feels that it is necessary to establish some baseline regulations for the training and certification of prescribed burn managers and for the review and approval of prescribed burn plans. Michael Kern
(717) 783-7957
Department of Corrections (DOC)
No regulations being developed or considered at this time.
Department of Education (PDE)
Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51, 53, 55, 57, 59, 61 and 63
Fall 2022,
as Proposed
These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is 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. § 6701 et. seq.). David Volkman
(717) 787-2127
Regulations of the State Board of Private Licensed Schools
22 Pa. Code Chapter 73
Fall 2022,
as Proposed
These regulations define the requirements for obtaining and maintaining licensure as a Private Licensed School and set outcomes benchmarks. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P.S. § 6501 et. seq.). Lynette Kuhn
(717) 783-8228
Regulations of Special Education Services and Programs
22 Pa. Code Chapter 14
Fall 2022,
as Final-Omitted
This regulation supports Pennsylvania's people with an intellectual disability by updating the language in 22 Pa. Code relating to education by replacing the terms ''mentally retarded'' and ''mental retardation'' with the terms ''intellectually disabled'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 1372 and 26-2603-B, of the Public School Code of 1949, as amended, (24 P.S. §§ 13-1372 and 26-2603-B). Karen Molchanow
(717) 787-3787
Regulations of Charter School and Cyber Charter School Services and Programs for Children with Disabilities
22 Pa. Code Chapter 711
Fall 2022,
as Final-Omitted
This regulation supports Pennsylvania's people with an intellectual disability by updating the language in 22 Pa. Code relating to education by replacing the terms ''mentally retarded'' and ''mental retardation'' with the terms ''intellectually disabled'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 1701-A through 1732-A, 1749-A(b)(8), 1751-A, of the Public School Code of 1949, as amended, 24 P.S. §§ 17-1701-A through 17-1732-A, 17-1749-A(b)(8), 17-1751-A and §§ 875-101 through 875-503 of the Early Intervention Services System Act, as amended, 11 P.S. §§ 875-101 through 875-503. David Volkman
(717) 787-2127
Regulations of Special Education Services and Programs
22 Pa. Code Chapters 11
and 12
Fall 2022,
as Final-Omitted
These regulations amend 22 Pa. Code Chapter 11 (relating to student attendance) and Chapter 12 (relating to students and student services and student rights and responsibilities) by updating the compulsory school age to be the age of 6 years until the age of 18, as required under section 1326 of the Pennsylvania School Code, as amended, 24 P.S. § 13-1326. Karen Molchanow
(717) 787-3787
Environmental Hearing Board (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021
(# 106-13)
3rd Quarter, 2022, as Final-Form Rulemaking This rulemaking amends the Board's rules in the following categories: motions for admission pro hac vice; petitions to appeal nunc pro tunc; the requirement of a table of contents in briefs exceeding 30 pages and in prehearing memoranda; and other minor corrections to the rules. A hearing on the final-form rulemaking is scheduled before IRRC on June 16, 2022. Maryanne Wesdock
Senior Assistant Counsel
(412) 565-5245
Practice and Procedure
25 Pa. Code Chapter 1021
(# 106-14)
4th Quarter, 2022, as Proposed Rulemaking This rulemaking would amend the Board's rules on attorney fees and costs by clarifying the procedure for seeking costs and fees in certain types of proceedings. It would also amend 25 Pa. Code § 1021.51(h) and (j) regarding ''recipients of an action'' and § 1021.161 regarding ''sanctions.'' The Board expects to vote on the proposed rulemaking in the 2nd or 3rd Quarter of 2022 and submit to OGC and GPO for review. Maryanne Wesdock Senior Assistant Counsel
(412) 565-5245
Department of Environmental Protection (DEP)
Noncoal Mining Clarifications and Corrections
25 Pa. Code Chapter 77
(# 7-554)
Quarter 4, 2022,
EQB Consideration, as Final
This rulemaking proposes to clarify and correct existing regulatory requirements for noncoal mining. The rulemaking also proposes to update the blasting section to be consistent with the recently revised Chapter 211 and to reflect current technology. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law) Sharon Hill
(717) 787-6842
shill@pa.gov
Coal Refuse Disposal Revisions
25 Pa. Code Chapters 88 and 90
(# 7-565)
Quarter 3, 2022, Publication, as Final This rulemaking proposes to implement Act 74 of 2019. Proposed regulatory amendments will include clarification of the triggering events that would require an operator to install a system to prevent precipitation from contacting the coal refuse; differences between the State and Federal regulations relating to temporary cessation; and establish a connection between the disposal area and the source of the refuse. (Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act) Greg Greenfield
(717) 787-3174
grgreenfie@pa.gov
Environmental Protection Performance Standards for Conventional Oil and Gas Operators
25 Pa. Code Chapter 78
(# 7-539)
Quarter 4, 2022,
EQB Consideration,
as Proposed
This rulemaking proposes to amend the Oil and Gas regulations applicable to conventional operators (Chapter 78) to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Waste Management and Related Issues at Conventional Oil and Gas Well Sites
26 Pa. Code Chapter 78
(# 7-540)
Quarter 4, 2022,
EQB Consideration,
as Proposed
This proposed rulemaking relates primarily to the proper management of waste generated at conventional oil and gas well sites. The purpose of this regulation is to update the performance standards for surface activities at conventional well sites to ensure that these activities are conducted in a manner that protects the health, safety, and environment and property of Pennsylvania's residents. Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Annual Fee for Unconventional Operations 25 Pa. Code Chapter 78a
(# 7-573)
Quarter 4, 2022,
EQB Consideration,
as Proposed
This rulemaking proposes to establish an annual fee for unconventional operations. The annual fee will provide a stable source of funding through FY 2027-28. (2012 Oil and Gas Act, Clean Streams Law, Dam Safety and Encroachments Act, Solid Waste Management Act) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Administration of the Land Recycling Program Vanadium MSC
25 Pa. Code Chapter 250
(# 7-572)
Quarter 3, 2022,
Publication, as Proposed
The rulemaking proposes to amend 25 Pa. Code Chapter 250 to update the toxicity value and medium specific concentrations (MSCs) established under the Statewide health standard for vanadium 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. This rule will focus on updates to the vanadium toxicity value and updates to the vanadium soil and groundwater MSCs. DEP is required by § 250.11 to propose appropriate MSC changes based on current scientific information no more than 36 months after the effective date of the most recently promulgated MSCs. (Land Recycling and Environmental Remediation Standards Act) Mike Maddigan

(717) 772-3609 mmaddigan@pa.gov
Administration of the Land Recycling Program
25 Pa. Code Chapter 250
(# 7-575)
Quarter 1, 2023,
EQB Consideration, as Proposed
The rulemaking proposes to amend 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. This rule will focus on updates to the models used to calculate the MSCs for lead in soil and potential changes to how the MSCs for PAH's are calculated. These regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. This rulemaking also proposes to clarify administrative elements of Chapter 250. DEP is required by § 250.11 to propose appropriate MSC changes based on current scientific information no more than 36 months after the effective date of the most recently promulgated MSCs. (Land Recycling and Environmental Remediation Standards Act) Mike Maddigan

(717) 772-3609 mmaddigan@pa.gov
Radiation Protection Program Fees
25 Pa. Code Chapter 218
(# 7-574)
Quarter 3, 2022,
Publication, as Proposed
This rulemaking amends Chapter 218 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 for the Radioactive Materials and Decommissioning Program and the Radiation-Producing Machines Program, as fee revenue is insufficient to cover program costs. (Radiation Protection Act) John Chippo
(717) 787-2480
jchippo@pa.gov
Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices
25 Pa. Code Chapters 227 and 228
(# 7-555)
Quarter 4, 2022,
EQB Consideration,
as Final
This rulemaking proposes to update Chapter 227 to stay current with advances that have occurred in the uses of non-medical X-ray equipment. The revisions will ensure consistency with other government agencies that similarly regulate these devices. (Radiation Protection Act) John Chippo
(717) 787-2480
jchippo@pa.gov
Administration of Sewage Facilities Program
25 Pa. Code Chapters 71—73 (# 7-570)
Quarter 2, 2023, EQB Consideration, as Proposed This rulemaking proposes to update 25 Pa. Code Chapters 71, 72 and 73 to implement recent amendments to the Pennsylvania Sewage Facilities Act made by Act 26 of 2017 and Act 34 of 2020, and to address a number of other issues in these regulations, which were last revised significantly in 1997. The regulatory revisions in this proposed rulemaking will include site suitability criteria for sites with shallow soils, which will provide additional opportunities for new land development in a manner that provides safe, effective long-term sewage disposal. This proposed rulemaking will also include other regulatory revisions and updates to ensure that the planning, permitting, operation and maintenance of sewage facilities sufficiently protect public health and safety, the waters of the Commonwealth and property values. (Pennsylvania Clean Streams Law, Pennsylvania Sewage Facilities Act) Jay Patel

(717) 783-2283 jaypatel@pa.gov
Water Quality Standard for Manganese
25 Pa. Code Chapters 93
and 96
(# 7-553)
Quarter 3, 2022,
EQB Consideration, as Final
This rulemaking proposes to address a provision regarding the water quality standards for manganese included in Act 40 of 2017. This rulemaking proposes to amend 25 Pa. Code Chapter 93 (relating to water quality standards). The amendments propose to delete manganese from Table 3 at § 93.7 (relating to specific water quality criteria) and add manganese to Table 5 at § 93.8c (relating to human health and aquatic life criteria for toxic substances). The amendments also maintain the point of compliance for the manganese water quality standard in all surface waters (i.e., near the point of discharge). (Pennsylvania Clean Streams Law, Federal Clean Water Act) Josh Lookenbill
(717) 783-2959
mlookenbil@pa.gov
Water Quality Standards—Dunbar Creek
et al. Stream Redesignations
25 Pa. Code Chapter 93
(# 7-557)
Quarter 4, 2022, EQB Consideration, as Final The regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to petitions submitted by citizens and data collected by the Department. In this rulemaking, redesignations rely on § 93.4b(a) and (b) to qualify one water for High Quality (HQ) and seven waters for Exceptional Value (EV) as well as correct the erroneous HQ designation of UNT Oley Creek to remove HQ. One water will be redesignated from Trout Stocking to Cold Water Fishes. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Pennsylvania Clean Streams Law, Federal Clean Water Act) Josh Lookenbill
(717) 783-2959
mlookenbil@pa.gov
Water Quality Standards for Site-Specific Criteria for Methylmercury and Clarifications to the Process for Developing Site-Specific Criteria
25 Pa. Code Chapter 93
(# 7-571)
Quarter 4, 2022, EQB Consideration, as Proposed This rulemaking proposes to update 25 Pa. Code Chapter 93 with site-specific water quality criteria for methylmercury for unnamed tributary to Ebaughs Creek located in York County. In addition, proposed updates will revise provisions to allow for a more efficient regulatory review process to incorporate site-specific criteria into the water quality standards in 25 Pa. Code Chapter 93, which would allow site-specific criteria to be incorporated into National Pollutant Discharge Elimination System (NPDES) permits more quickly. (Pennsylvania Clean Streams Law, Federal Clean Water Act) Josh Lookenbill
(717) 783-2959
mlookenbil@pa.gov
Water Quality Standards—Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—
Statement of Policy
25 Pa. Code Chapters 93 and 16
(# 7-577)
Quarter 4, 2022, EQB Consideration, as Proposed This rulemaking revises the Commonwealth's water quality criteria and standards in Chapter 93 and updates the 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 § 131.20) Josh Lookenbill
(717) 783-2959
mlookenbil@pa.gov
National Pollutant Discharge Elimination System (NPDES) Program and Combined Sewer Overflows (CSO)
25 Pa. Code Chapter 92a
(# 7-563)
Quarter 4, 2022, EQB Consideration, as Final This rulemaking proposes to amend 25 Pa. Code § 92a.51(a) to provide an exception for combined sewer overflows (CSO) dischargers with approved long-term control plans (LTCPs) to comply with water quality standards in accordance with the schedule contained in the approved LTCPs allowing renewals of NPDES permits for CSOs to move forward. (Federal Clean Water Act, Pennsylvania Clean Streams Law) Sean Furjanic

(717) 787-2137 sefurjanic@pa.gov
Dam Safety and Waterway Management
25 Pa. Code Chapter 105
(# 7-556)
Quarter 4, 2022,
EQB Consideration,
as Final
This rulemaking proposes to amend Chapter 105; clarifying existing requirements; deleting or updating obsolete and antiquated requirements; incorporating new or revised sections and definitions; and correcting typographical errors. (Federal Clean Water Act, Pennsylvania Clean Streams Law, Dam Safety and Encroachment Act) Andy Klinger
(717) 772-5975 anklinger@pa.gov
PFAS MCL Rule
25 Pa. Code Chapter 109
(# 7-569)
Quarter 4, 2022, EQB Consideration, as Final This proposed rulemaking would establish a maximum contaminant level (MCL) for two per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—in drinking water. (Safe Drinking Water Act) Dawn Hissner
(717) 772-2189 dhissner@pa.gov
Lead and Copper Rule Revisions (LCRR)
25 Pa. Code Chapter 109
(# 7-576)
Quarter 2, 2023, Publication, as Proposed This proposed rulemaking would incorporate the final Federal LCRR provisions into State regulations to strengthen public health protection and maintain primacy by ensuring State regulations are as stringent as Federal regulations. (Safe Drinking Water Act) Dawn Hissner
(717) 772-2189 dhissner@pa.gov
Environmental Laboratory Accreditation Amendments
25 Pa. Code Chapter 252
(# 7-578)
Quarter 2, 2023, EQB Consideration, as Proposed This rulemaking proposes to amend existing regulations pertaining to environmental laboratory accreditation to update accreditation standards, clarify requirements, add requirements for a Legionella accreditation program, and add the air monitoring matrix to the scope of Chapter 252. (Environmental Laboratory Accreditation Act) Annmarie Beach
(717) 346-8212 anbeach@pa.gov
Control of VOC Emissions from Unconventional Oil and Natural Gas Sources
25 Pa. Code Chapter 129
(# 7-544)
Quarter 3, 2022,
Publication,
as Final
This final-form rulemaking establishes emission limitations and other requirements in 25 Pa. Code Chapter 129 consistent with reasonably available control technology (RACT). This final-form rulemaking establishes RACT requirements for volatile organic compounds and other pollutants from existing unconventional oil and natural gas production facilities, compressor stations, processing plants and transmission stations. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act) Viren Trivedi
(717) 783-9476 vtrivedi@pa.gov
Additional RACT Requirements for Major Sources of NOx and VOCs for the 2015 Ozone NAAQS
25 Pa. Code Chapters 121 and 129
(# 7-561)
Quarter 3, 2022, EQB Consideration, as Final This final-form rulemaking is part of the Commonwealth's demonstration to fulfill the RACT requirements for the 2015 8-hour ozone NAAQS. This final-form rulemaking establishes additional presumptive NOx and VOC RACT requirements and RACT emission limitations for certain major stationary sources of NOx and VOC emissions. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act) Viren Trivedi
(717) 783-9476 vtrivedi@pa.gov
VOC RACT Requirements for Certain CTG Source Categories for the 2015 Ozone NAAQS
25 Pa. Code Chapters 121 and 129
(# 7-568)
Quarter 4, 2022,
EQB Consideration,
as Final
This final-form rulemaking is part of the Commonwealth's demonstration to fulfill the RACT requirements for the 2015 8-hour ozone NAAQS. This final-form rulemaking establishes presumptive VOC RACT requirements and RACT emission limitations for these CTG source categories: shipbuilding and ship repair surface coating operations; synthetic organic chemical manufacturing industry air oxidation, distillation and reactor processes; and large petroleum dry cleaners. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act) Randy Bordner
(717) 772-3921 ranbordner@pa.gov
MAX Delisting
25 Pa. Code Chapter 261a
(# 7-566)
Quarter 4, 2022, EQB Consideration, as Final This proposed rulemaking seeks to amend 25 Pa. Code Chapter 261a to exclude the wastewater sludge generated from the treatment disposal impoundment and landfill leachate and contact stormwater at the MAX Environmental Technologies, Inc. Bulger and Yukon facilities from the list of hazardous wastes under the Resource Conservation and Recovery Act of 1976 (RCRA) and Solid Waste Management Act and their implementing regulations. The regulatory changes in this rulemaking, once promulgated, will codify delisting the wastewater sludge from the Bulger and Yukon Facilities as a hazardous waste. (Solid Waste Management Act, Resource Conservation and Recovery Act) Tom Mellott
(717) 783-3390
mtmellott@pa.gov
Municipal Waste Processing Permit-By-Rule; Rural Transfer Facility
25 Pa. Code Chapter 271
(# 7-564)
Quarter 4, 2022, Publication, as Final This rulemaking amends 25 Pa. Code Chapter 271.103 to add a new municipal waste processing permit-by-rule (PBR) for rural transfer facilities. It establishes requirements for operation of a rural transfer facility, including siting, storage, recordkeeping and other requirements. This rulemaking was developed to create waste management and recycling opportunities for more citizens and in communities that are currently underserved or without collection infrastructure. (Solid Waste Management Act; Municipal Waste Planning, Recycling and Waste Reduction Act) Laura Henry
(717) 772-5713 lahenry@pa.gov
Prohibiting Electronic Liquid-Vaporizing Devices at Underground Bituminous Coal Mines
25 Pa. Code Chapter 208
(# 7-558)
Quarter 3, 2022, Publication, as Final This rulemaking amends the smoking prohibition at underground bituminous coal mines to expressly prohibit the use and/or possession of electronic liquid-vaporizing devices, including, but not limited to, electronic cigarettes, and will provide for the imposition of a penalty for violations of the prohibition. This rulemaking also separately distinguishes the prohibition at surface work areas of underground bituminous coal mines from the prohibition in the underground areas of these mines. (Bituminous Coal Mine Safety Act) Richard Wagner
(724) 404-3154 rwagner@pa.gov
Revisions to the Nutrient Management Regulations
25 Pa. Code Chapter 83, Subchapters D and E
(# 7-573)
Spring 2023, SCC Consideration, as Proposed The State Conservation Commission proposes to revise the nutrient management regulations to more effectively address nutrient losses from concentrated animal operations and farms which receive manure from those operations. The proposed revisions to these regulations include incorporating advances in nutrient management knowledge and technology, as well as updating provisions on the protection of water quality regarding nutrient management. This rulemaking also proposes to remove the Nutrient Management Funding Program—Statement of Policy from regulation and provide the direction to delegated county conservation districts as guidance. (Conservation District Law, Nutrient Management Act, Conservation and Natural Resources Act) Frank Schneider
(717) 705-3895 fschneider@pa.gov
Department of Health (DOH)
Long Term Care Facilities
28 Pa. Code §§ 201.1—201.3 and 211.12(i)
December 2022,
as Final Form
The first (10-221) of four rulemaking packages updating regulations for long-term care nursing facilities. In the proposed rulemaking, the Department proposed to adopt Federal requirements for long-term care nursing facilities, update definitions and increase the number of direct care hours that facilities are required to provide to residents. The proposed rulemaking was delivered to IRRC on 7/21/21 and subsequently published in the Pa. Bulletin on 7/31/21. Kevin Hoffman
(717) 783-2500
Susan Coble
(717) 783-1078
Ann Chronister
(717) 787-8015
Long Term Care Facilities
28 Pa. Code §§ 201.23 and 207.4; and Chapters 203—205
December 2022, as Final Form The second (10-222) of four rulemaking packages updating regulations for long-term care nursing facilities. In the proposed rulemaking, the Department proposed to eliminate provisions that are outdated and duplicative of Federal requirements and update standards for alterations, renovations, or construction of long-term care nursing facilities. The proposed rulemaking was delivered to IRRC on 9/27/21 and subsequently published in the Pa. Bulletin on 10/9/21. Kevin Hoffman
(717) 783-2500
Susan Coble
(717) 783-1078
Ann Chronister
(717) 787-8015
Long Term Care Facilities
28 Pa. Code §§ 201.12—
201.17, 201.22, 209.1, 209.7, 209.8 and 211.1
December 2022, as Final Form The third (10-223) of four rulemaking packages updating regulations for long-term care nursing facilities. The Department proposed updates to the requirements for the application for licensure, safety requirements and requirements for infection prevention and control. The proposed rulemaking was delivered to IRRC on 3/2/22 and subsequently published in the Pa. Bulletin on 3/19/22. Kevin Hoffman
(717) 783-2500
Susan Coble
(717) 783-1078
Ann Chronister
(717) 787-8015
Long Term Care Facilities
28 Pa. Code §§ 201.18—
201.21, 201.24—201.31, 207.2, 209.3, 211.2—211.17
December 2022, as Final Form The fourth (10-224) of four rulemaking packages updating regulations for long-term care nursing facilities. The Department proposed updates to requirements for nursing services, residents' rights, and admissions policies and procedures. The proposed rulemaking was delivered to IRRC on 5/11/22 and subsequently published in the Pa. Bulletin on 5/28/22. Kevin Hoffman
(717) 783-2500
Susan Coble
(717) 783-1078
Ann Chronister
(717) 787-8015
Medical Marijuana Program 28 Pa. Code Chapters 1141a—1230a September 2022, as Final Form To promulgate permanent regulations to update existing temporary regulations for the Medical Marijuana program. The proposed rulemaking was delivered to IRRC on 2/16/21 and subsequently published in the Pa. Bulletin on 3/6/21. Yvette Kostelac
(717) 783-2500
Peter Blank
(717) 547-3454
Certified Lifeguards
28 Pa. Code § 18.42
May 2023,
as Final Form
The Public Bathing Law authorizes the Department to develop regulations related to lifeguards. The Department is proposing to amend existing regulations for certified lifeguards to remove all named lifeguard certifying authorities. Neil Mahalingam
(717) 783-2500
Melisa Rader
(717) 787-4366
Richard Pugh
(717) 736-7393
Department of Human Services (DHS)
Psychiatric Rehabilitation Services
55 Pa. Code Chapter 5231
Summer 2022,
as Proposed
This regulation will expand psychiatric rehabilitation services to individuals 14 years of age or older, but under 18 years of age, who meet admission requirements and individuals diagnosed with posttraumatic stress disorder, attention deficit hyperactivity disorder or anxiety disorders and amend outdated language throughout. Tanoa Fagan
(717) 787-8307
Medical Assistance Manual 55 Pa. Code Chapter 1101.51 Fall 2022,
as Final
This regulation will be amended to rescind the outdated ''shared space'' language at § 1101.51(b)(3) to allow for a more integrated approach to the provision of health care by multi-disciplinary and co-location arrangements. Tanoa Fagan
(717) 787-8307
Medical Assistance Manual 55 Pa. Code Chapter 1121 Winter 2022/2023, as Proposed This proposed regulation includes technical amendments to Title 55 of the Pennsylvania Code, Chapters 1101, 1121, 1141, 1142 and 1144. In addition to the technical amendments, the payment methodology for covered outpatient drugs has been amended in Chapter 1121 to comply with the Covered Outpatient Drugs final rule issued by CMS on 2/1/16 (81 FR 5170). Tanoa Fagan
(717) 787-8307
Medical Marijuana in Facilities
55 Pa. Code Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600
Fall 2022,
as Proposed
This regulation will amend Chapters 3270, 3280, 3290, 3700, 3800, 5310, 6400 and 6600 as directed by Section 2105 of Act 16 of 2016, the Medical Marijuana Act, regarding possession and use of medical marijuana by children and employees in childcare centers or other social services centers. Tanoa Fagan
(717) 787-8307
Adult Protective Services
55 Pa. Code Chapter 15
Fall 2022,
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 authority for the regulation and resulting services is provided by Act 70 of 2010, the Adult Protective Services Act. Tanoa Fagan
(717) 787-8307
Crisis Regs
55 Pa. Code Chapters 5250 and 1350
Winter 2022,
as Proposed
These new chapters of regulation will replace the 1993 draft version of the Crisis Intervention Services regulations that was never promulgated. It will have robust staffing, services and physical site parameters. Tanoa Fagan
(717) 787-8307
Children with Intellectual Disabilities and Autism
55 Pa. Code Chapters 3800 and 6400
Summer 2022,
as Proposed
This regulation will allow Office of Developmental Programs to license sites dedicated to children with medical complexities. Tanoa Fagan
(717) 787-8307
Administration of County Children and Youth Social Service Programs
55 Pa. Code Chapter 3130
Fall 2022,
as Proposed
This regulation will replace Chapter 3130 to align with current practice models and support implementation of improvements consistent with the Child and Family Services Review findings and amendments to State and Federal laws. Tanoa Fagan
(717) 787-8307
Child Residential and Day Treatment Facilities
55 Pa. Code Chapter 3800
Fall 2022,
as Proposed
This regulation will update programmatic requirements for facilities to incorporate the Family First Prevention Services Act. Tanoa Fagan
(717) 787-8307
Psychiatric Residential Treatment Facilities
55 Pa. Code Chapters 5330 and 1330
Winter 2022,
as Proposed
This regulation will provide foundational standards to meet the complex mental health needs of children, youth and young adults receiving services in psychiatric residential treatment facilities that are currently certified by OHMSAS and licensed by OCYF through the Chapter 3800 regulations. Tanoa Fagan
(717) 787-8307
Child Care Regulations
55 Pa. Code Chapter 3310 and 3320
Fall 2022,
as Proposed
These regulations will update and modernize the child care requirements by consolidating the three existing chapters of 55 Pa. Code 3270, 3280 and 3290 into two new chapters. Tanoa Fagan
(717) 787-8307
County Mental Health and Intellectual Disability Fiscal Manual
55 Pa. Code Chapter 4300
Winter 2022,
as Proposed
This regulation will be amended to add the requirement that counties receiving State and/or Federal funds for services from DHS are required to submit requested reports and data, or counties may receive financial penalties until all reports and data are provided. Tanoa Fagan
(717) 787-8307
Pennsylvania Insurance Department (PID)
Producer Licensing Modernization Regulatory Updates Spring 2023,
as Proposed
Repeal of outdated regulations and replacement with a new chapter implementing sections 601-A—699.1-A of the Act (40 P.S. §§ 310.1—310.99a), which will set forth requirements and standards for the operation of a single licensing system for insurance producers in this Commonwealth. Eric Carlisle
Regulatory Coordinator
(717) 787-2567
Department of Labor and Industry (L&I)
Flammable and Combustible Liquids
Title 34, Part I, Chapters 14 and 14a
Bureau of Occupational and Industrial Safety
Summer 2022,
as Proposed
Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel. Matthew Kegg
(717) 783-6304
Services for the Blind and Visually Impaired
Currently Title 55, Part IV, Adult Services Manual, Subpart D Non-residential Agencies/Facilities/Services
Chapter 2430 to be moved to Title 34
Fall 2022,
as Proposed
Deletion of current regulations and creation of new regulations for the Business Enterprise Program to reflect operational changes, based on the transfer of the program from the Department of Welfare to L&I, Act 15 of 1999. Dawn Sokol
(814) 871-4401
Bureau of Workers' Compensation
Title 34, Chapter 123
Subchapter B
Impairment Ratings
Fall 2022,
as Proposed
Update regulations to reflect new statutory provisions and changes to the IRE process enacted by Act 111 of 2018. Marianne Saylor
(717) 886-9001
Minimum Wage Act of 1968 Regulations
Title 34, Part XII, Chapter 231
Spring 2023,
as Proposed
Update regulations on the definition of ''hours worked.'' Bryan Smolock
(717) 787-0606
Minimum Wage Act of 1968 Regulations
Title 34, Part XII, Chapter 231
Fall 2022,
as Proposed
Update Executive, Administrative and Professional definitions for exempt salaried workers. Bryan Smolock
(717) 787-0606
Uniform Construction Code Regulations
Title 34, Part I, Chapter 405 Bureau of Occupational and Industrial Safety
Fall 2022,
as Proposed
Update regulations related to lifting devices based on Act 68 of 2018 and adopt certification standards for third party inspection agencies. Matthew Kegg
(717) 787-6304
Sign Language Interpreter and Transliterator State Registration Act
Title 34, Part XV, Chapter 501
Office of Deaf and Hard of Hearing
Fall 2022,
as Proposed
Update regulations related to registration and examination of sign language interpreters. Melissa Hawkins
(717) 783-4912
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations
43 Pa. Code Chapter 7
Spring 2023,
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. Elizabeth Pettis
(717) 861-8503
Bureau of Veterans' Affairs
43 Pa. Code Chapter 5
Spring 2023,
as Proposed
The Department wishes to promulgate a comprehensive update to its regulations related to the former Bureau of Veterans' Affairs that is now the Bureau of Programs, Initiatives, Reintegration and Outreach. The statutory authority for these regulations Sections 1704(7) and 7701 of the Military and Veterans Code (51 Pa.C.S.). These regulations are out-of-date. They were last updated in 1991. Elizabeth Pettis
(717) 861-8503
Fort Indiantown Gap
43 Pa. Code (new Chapter)
Spring 2023,
as Proposed
Fort Indiantown Gap is owned by the Commonwealth of Pennsylvania and operated by the Department of Military and Veterans Affairs. The post is home to tens of thousands of Soldiers and civilians every year for training and other activities. Department wishes to promulgate regulatory authority and installation regulations that enhance the safety of military and civilian personnel and protect the military and Commonwealth property. The statutory authority for these regulations Chapter 7 § 708 of the Military and Veterans Code (51 Pa.C.S.). Elizabeth Pettis
(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
(# 17-80)
Fall 2022,
as Final
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 amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community. Corporal Travis Messenger
(717) 705-0843
Administration of Law Enforcement Background Investigations and Employment Information
Act 57 of 2020
(# 17-87)
Fall 2022,
as Proposed
Act 57 of 2020 (P.L. 613, July 14, 2020, No. 57) established the requirement for background investigations and employment information for law enforcement officers. Duties conveyed to the Municipal Police Officers' Education and Training Commission include to establish and maintain an electronic database containing separation records of law enforcement officers; establish minimum background investigation standards; and promulgate regulations. Corporal Travis Messenger
(717) 705-0843
Administration of Mental Health Evaluations for Law Enforcement Officers
Act 59 of 2020
(# 17-88)
Fall 2022,
as Proposed
Act 59 of 2020 (P.L. 624, July 14, 2020, No. 59) established the requirement for mandatory mental health evaluations for law enforcement officers. Duties conveyed to the Municipal Police Officers' Education and Training Commission include to establish procedures for confidentiality of mental health evaluations and related records; other procedures as necessary; and promulgate regulations. Corporal Travis Messenger
(717) 705-0843
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program
37 Pa. Code Chapter 421
Fall/Winter 2022,
as Proposed
The Sheriffs' and 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 the Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114). Mike Pennington
(717) 265-8461
Debra Sandifer
(717) 265-8517
County Probation and Parole Officers' Firearm Education and Training Commission
37 Pa. Code Chapter 79
Fall/Winter 2022, as Proposed The County Adult Probation and Parole Advisory Committee (CAPPAC), an advisory committee within the Commission on Crime and Delinquency, plans to transfer and amend the regulations at 37 Pa. Code Chapter 79 to a newly created 37 Pa. Code Chapter 491 due to statutory changes in Act 115 of 2019 (Act of Dec. 18, 2019, P.L. 776, No. 115). Mike Pennington
(717) 265-8461
Debra Sandifer
(717) 265-8517
Constables' Education and Training Board
37 Pa. Code Chapter 431
Fall/Winter 2022, as Proposed The Constables' Education and Training Board, an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 431 (relating to Constables' Education and Training Board) to update policies and procedures. Mike Pennington
(717) 265-8461
Debra Sandifer
(717) 265-8517
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Infrastructure Investment Authority (PENNVEST) Assistance and Clean Water State Revolving Fund
25 Pa. Code Sections
963.1—963.20,
including inter alia:
963.12(a)
963.13(c)
963.13(e)
963.15(a)
963.15(c)
963.16
963.18(c)
963.20
(# 101-10)
Fall/Winter 2022,
as Proposed
Revisions under consideration include, inter alia:
Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P.L. 51, No. 16, enacted June 19, 2013, the Federal Water Resources Reform and Development Act of 2014, and guidance revisions implemented by the Department of Environmental Protection, to reflect updates to business practices, 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) Amend 25 Pa. Code § 963.12(a)(1) by revising the section to provide for the eligibility of certain interior plumbing costs. (2) Delete 25 Pa. Code § 963.12(a)(3) and § 963.12(c)(3) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the purchase of land that qualify as eligible costs under § 963.11(a)(4).
(3) 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.
(4) 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 of principal and interest on the 60th month.
(5) Delete 25 Pa. Code § 963.13(e) requiring PENNVEST to set aside 10% of the available finance assistance for advance funding assistance due to a lack of demand. (6) 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.
(7) 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.
(8) 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 application cut-off date for the next regularly scheduled PENNVEST Board meeting.
(9) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST.
Shawn W. Weis
(717) 783-6776
(10) Amend 25 Pa. Code § 963.18(c)(2)(iii) to increase the threshold for PENNVEST's prior written approval of change orders from $25,000, or 2 percent of the amount of the project's construction cost, whichever is less, to $50,000.
(11) Delete 25 Pa. Code § 963.20 eliminating the requirement for a second opinion project review for projects in excess of $10M.
Pennsylvania State Police (PSP)
Purchase and Possession of Partially-Manufactured Frame or Receiver for Pistol or Rifle
37 Pa. Code (new Chapter)
(# 17-89)
Fall 2022,
as Proposed
Title 18 Pa.C.S. § 6111.1 requires the Pennsylvania State Police to administer the provisions of the Uniform Firearms Act. The Office of Attorney General, Official Opinion 2019-3, 49 Pa.B. 7659, establishes a partially-manufactured frame or receiver for a pistol or rifle as a firearm as defined within the Uniform Firearms Act. The purpose of the proposed rulemaking is to ensure clear guidance is given to licensees/sheriffs and the public in processing the sale/transfer and possession of a partially-manufactured frame or receiver for a pistol or rifle. Corporal Travis Messenger
(717) 705-0843
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC)
61 Pa. Code Chapter 901a
October 2022,
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. John Brenner
(717) 705-3906
Amendments to Realty Transfer Tax (RTT) Regulations
61 Pa. Code Chapter 91
September 2022, as Proposed Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. The proposed amendments will be consistent with department policy and language in the RTT statute. John Brenner
(717) 705-3906
Corporate Net Income Tax—61 Pa. Code §§ 153.26 and 153.26a (Proposed Rulemaking)
Sales factor sourcing sales of tangible personal property and Sales factor sourcing sales of services
September 2022, as Proposed Under the authority contained in section 6 of the Fiscal Code (72 P.S. § 6) and section 401 of the TRC (72 P.S. § 7401(3)), the department proposes amendments to 61 Pa. Code § 153.26 (relating to sales factor sourcing sales of tangible personal property) and the addition of § 153.26a (relating to sales factor sourcing sales of services). Act 52 of 2013 enacted a revised methodology for sourcing revenue from sales of services in the computation of CNIT. The proposed rulemaking will establish the processes for sourcing service income and the apportionment of taxpayers' business income to this Commonwealth and ensure that all taxpayers implement uniform methods for sourcing their sales of services to this Commonwealth. Informal public outreach conducted re: contemplated reg; preparation of proposed rulemaking package underway. Jack Frehafer
(717) 623-2695
Corporate Net Income Tax—61 Pa. Code Chapter 153 (Proposed Rulemaking) Business income and nonbusiness income October 2022,
as Proposed
Under the authority contained in section 6 of the Tax Reform Code of 1971 (TRC) (72 P.S. § 6), the Department is proposing amendments to the CNIT regulations by adding section 153.24a (relating to business and nonbusiness income) due to legislative changes and further development of the Unitary Bus. Principle of the U.S. Constitution in case law. Michael Vadner
(717) 346-4640
Department of State (DOS)
State Board of Accountancy
Competence to Supervise Attest Services
49 Pa. Code § 11.23a
(# 16A-5516)
Winter 2023,
as Proposed
The proposed rulemaking would provide a CPE ''safe harbor'' for licensees supervising attest services; require licensees supervising, signing or authorizing another to sign an accountant's report for attest services to comply with the competency requirements; and fix a typographical error. Statutory Authority: Section 3(a)(12) of the CPA Law (63 P.S. § 9.3(a)(12)) authorizes the Board to promulgate and enforce regulations as are necessary and proper to carry into effect the provisions of the CPA Law. Board voted to approve proposed rulemaking on January 19, 2022, meeting; delivery of same to IRRC expected in 1st Quarter 2023. Miranda Murphy
(717) 214-8402
Licensure by Endorsement
49 Pa. Code §§ 11.5a and 11.5b
(# 16A-5517)
Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Board voted to approve proposed rulemaking on September 22, 2021, meeting; delivery of same to IRRC expected in the 4th Quarter 2022. Miranda Murphy
(717) 214-8402
Continuous Testing CPA Exam
49 Pa. Code § 11.16(a)
(# 16A-5518)
Winter 2023,
as Proposed
This proposed rulemaking amends the Board's regulations to implement continuous testing of the CPA Exam. Currently, section 11.16(a) of the Accountancy regulations states that the CPA examination will be administered within specific testing windows within of each quarter of every year. As of July 1, 2020, Prometric, the testing administrator for the Uniform CPA Examination, began administering the CPA Exam throughout the year, without testing windows. This proposed rulemaking would amend section 11.16(a) by eliminating testing windows. Section 11.16(a) would also be amended so that CPA test takers would not have to wait until the next quarter to retake a failed section of the CPA Exam. Board voted to approve proposed rulemaking on November 16, 2021, meeting; delivery of same to IRRC expected in 1st Quarter 2023. Miranda Murphy
(717) 214-8402
State Architects Licensure Board
Digital Signature and Seal
49 Pa. Code Chapter 9
(# 16A-4111)
Summer 2022,
as Final
The regulations update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with regulations of the State Registration Board for Professional Engineers, Land Surveyors and Geologists and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients. The proposed rulemaking was delivered to IRRC on August 11, 2020, and subsequently published in Pennsylvania Bulletin on August 25, 2020; the Board reviewed all comments received and is drafting the final-form regulation. Preparation of final-form regulatory package completed; regulatory package presented to Governor's Office for review pursuant to E.O. 1996-1, Sec. 4.—Delivery of same expected in the 3rd quarter of 2022. Amanda Li
(717) 783-3397
Licensure by Endorsement
49 Pa. Code Chapter 9
(# 16A-4120)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Amanda Li
(717) 783-3397
State Board of Auctioneer Examiners
Fees
49 Pa. Code § 1.41
(# 16A-6411)
Winter 2022,
as Final
This rulemaking is needed to increase application and biennial renewal fees to provide sufficient biennial revenue to meet projected expenditures as required under section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.6). The proposed regulation was published in the Pennsylvania Bulletin on March 26, 2022. Board Counsel is drafting the final-form rulemaking. Terrie Kocher
(717) 783-3397
Licensure by Endorsement
49 Pa. Code §§ 1.3, 1.27
and 1.28
(# 16A-6412)
Winter 2022,
as Final
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The proposed regulation was published in the Pennsylvania Bulletin on May 21, 2022. Board Counsel will be drafting the final-form rulemaking. Terrie Kocher
(717) 783-3397
Act 88 Amendments
49 Pa. Code Chapter 1
(# 16A-6410)
Winter 2023,
as Proposed
The act of July 20, 2016 (P.L. 789, No. 88) (Act 88 of 2016) amended the Auctioneer Licensing and Trading Assistant Registration Act by updating its provisions, eliminating auction house licenses and creating a registration for trading assistant companies. It also redefined terms, altered qualifications for auctioneers to include a combination of education and apprenticeship. This proposed rulemaking is needed to fully implement Act 88 of 2016. Terrie Kocher
(717) 783-3397
State Board of Barber Examiners
Licensure by Endorsement
49 Pa. Code §§ 3.16 and 3.17
(# 16A-4212)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Valerie Eaton
(717) 346-1757
State Board of Chiropractic
General Revisions
49 Pa. Code Chapter 5
(# 16A-4328)
Winter 2023,
as Proposed
This proposed rulemaking would update the Board's regulations to include provisions related to volunteer licenses, government employee liability coverage and sexual misconduct. Sarah McNeil
(717) 425-7398
Child Abuse Reporting Requirements
49 Pa. Code §§ 5.91—5.96
(# 16A-4322)
Fall 2022,
as Proposed
This regulation updates 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, including the requirement that all applicants and licensees of the State Board of Chiropractic obtain required training in child abuse recognition and reporting. Sarah McNeil
(717) 425-7398
Licensure by Endorsement
49 Pa. Code §§ 5.1, 5.11a,
5.13a and 5.13b
(# 16A-4334)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Initial stakeholder outreach conducted, preparation of proposed rulemaking package currently underway. Board Counsel is drafting the regulatory package. Sarah McNeil
(717) 425-7398
Schedule of Fees
49 Pa. Code § 5.6
(# 16A-4335)
Winter 2023,
as Proposed
The proposed rulemaking is needed to increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 1101 of the Chiropractic Practice Act (63 P.S. § 625.1101). Board Counsel is drafting the regulatory package. Sarah McNeil
(717) 425-7398
Commissioner of Professional and Occupational Affairs
Consideration of Criminal Convictions
49 Pa. Code Chapter 43b,
Subchapters C and E,
§§ 43b.201 and 43b.401—43b.531
(# 16A-66)
Summer 2022,
as Proposed
This proposed rulemaking is required to implement provisions of the act of July 1, 2020 (P.L. 545, No. 53), relating to the consideration of criminal history record information by licensing boards and commissions under the Bureau of Professional and Occupational Affairs, including schedules of criminal convictions that may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit for each occupation or profession regulated by the various boards/commissions. Statutory Authority: Section 3117 of the act of July 1, 2020 (63 Pa.C.S. § 3117) requires the Commissioner to promulgate a regulation codifying the schedules of criminal offenses within 2 years. Cynthia Montgomery
(717) 783-7200
Bureau of Notaries, Commissions & Legislation
Notaries Public
4 Pa. Code Part VIII,
Subpart C
(# 16-061)
Summer 2022,
as Proposed
The rulemaking implements the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA). Martha Brown
(717) 783-0736
State Board of Cosmetology
Fees
49 Pa. Code Chapter 7
(# 16A-4520)
Fall 2022,
as Final
This rulemaking would increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 14 of the Cosmetology Law (63 P.S. § 522). The proposed regulation was published in the Pennsylvania Bulletin on April 30, 2022. Board Counsel drafting final rulemaking. Val Eaton
(717) 783-3402
Licensure by Endorsement
49 Pa. Code Chapter 7
(# 16A-4521)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Val Eaton
(717) 783-3402
Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 7
(# 16A-4518)
Winter 2023,
as Proposed
The proposed rulemaking implements part of the Act 136 of 2014 (P.L. 2476, No. 136), which allows massage therapists to practice within the licensed square footage of cosmetology or esthetician salons and requires the Board and the State Board of Massage Therapy to jointly promulgate regulations to carry out these provisions. Statutory Authority: Sections 11 and 9.3 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 515.3. Val Eaton
(717) 783-3402
State Board of Crane Operators
Licensure by Endorsement
49 Pa. Code §§ 6.16 and 6.17
(# 16A-7104)
Winter 2023,
as Final
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The proposed rulemaking was published in the Pennsylvania Bulletin on April 2, 2022. Board Counsel is drafting the final rulemaking package. Amanda Li
(717) 783-1404
State Board of Dentistry
General Revisions
49 Pa. Code Chapter 33
(# 16A-4628)
Winter 2023,
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. It would also implement two new licensure categories: restricted faculty licenses (incorporating into this rulemaking the subject matter from prior Reg. # 16A-4632) and temporary volunteer dental licenses (incorporating into this rulemaking the subject matter from prior Reg. # 16A-4631). Christina Townley
(717) 783-4862
Fees
49 Pa. Code § 33.339
(# 16A-4634)
Summer 2022,
as Final
The rulemaking is needed to increase fees to meet or exceed biennial expenditures. Section 4(b) of the Dental Law (63 P.S. § 123(b)) requires the Board to increase fees when the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a 2-year period. The proposed rulemaking was published in Pennsylvania Bulletin on November 14, 2020. Preparation of final-form regulatory package completed; regulatory package presented to Governor's Office for review pursuant to E.O. 1996-1, Sec. 4. Christina Townley
(717) 783-4862
Licensure by Endorsement
49 Pa. Code Chapter 33
(# 16A-4635)
Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Christina Townley
(717) 783-4862
State Board of Professional Engineers, Land Surveyors & Geologists
Digital Signature and Seal
49 Pa. Code Chapter 37
(# 16A-4712)
Summer 2022,
as Final
The regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with regulations of the State Architects Licensure Board and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.
The proposed rulemaking was delivered to IRRC on August 11, 2020 and subsequently published in Pennsylvania Bulletin on August 25, 2020; the Board has reviewed all comments received and is drafting the final-form regulation. Preparation of final-form regulatory package completed; regulatory package presented to Governor's Office for review pursuant to E.O. 1996-1, Sec. 4.—Delivery of same expected in the 3rd Quarter of 2022.
Jeannie Bronshtein
(717) 783-7049
State Board of Funeral Directors
Licensure by Endorsement
49 Pa. Code § 13.77.1
(# 16A-4832)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Kristel Hennessy Hemler
(717) 783-4866
State Board of Landscape Architects
Digital Signature and Seal
49 Pa. Code Chapter 15
(# 16A-6112)
Summer 2022,
as Final
The regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with regulations of the State Registration Board for Professional Engineers, Land Surveyors and Geologists and the State Architects Licensure Board to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients. The proposed rulemaking was delivered to IRRC on August 11, 2020, and subsequently published in Pennsylvania Bulletin on August 25, 2020; the Board will review all comments received and draft the final-form regulation. Delivery of same expected in the 3rd Quarter of 2022. Terri Kocher
(717) 772-8528
Licensure by Endorsement
49 Pa. Code Chapter 15
(# 16A-6121)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Terri Kocher
(717) 772-8528
Schedule of Civil Penalties—Landscape Architects
49 Pa. Code Chapter 43b
(# 16A-6120)
Winter 2023,
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 to set forth schedules of civil penalties. Terri Kocher
(717) 772-8528
State Board of Massage Therapy
General Revisions
49 Pa. Code §§ 20.1—20.54
(# 16A-725)
Winter 2023,
as Proposed
This proposed rulemaking updates several provisions, including education, scope of practice and examinations. Statutory Authority: Section 4(2) of the Massage Therapy Act, 63 P.S. § 627.4(2). Board voted to approve proposed rulemaking on April 5, 2022; delivery of same to IRRC expected 1st Quarter 2023. Christina Townley
(717) 783-7155
Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 20
(# 16A-726)
Fall 2022,
as Proposed
This proposed rulemaking enacts part of the act of September 24, 2014 (P.L. 2476, No. 136), which allows massage therapists to practice in cosmetology or esthetician salons. Statutory Authority: Act 136 requires the Board and the State Board of Cosmetology to jointly promulgate regulations implementing the new law; Section 4(2) of the Massage Therapy Law, 63 P.S. § 4(2), provides the Board's general authority to promulgate regulations. Christina Townley
(717) 783-7155
Child Abuse Reporting Requirements
49 Pa. Code Chapter 20
(# 16A-722)
Fall 2022,
as Proposed
This regulation implements mandatory reporting requirements relating to suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL, including the requirement that all applicants and licensees of the State Board of Massage Therapy obtain required training in child abuse recognition and reporting. Christina Townley
(717) 783-7155
Licensure by Endorsement
49 Pa. Code Chapter 20
(# 16A-727)
Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Board voted to approve proposed rulemaking; delivery of same to IRRC expected 3rd Quarter 2022. Christina Townley
(717) 783-7155
State Board of Medicine
Acupuncturists and Practitioners of Oriental Medicine
49 Pa. Code Chapter 18
(# 16A-4956)
Winter 2023,
as Final
This rulemaking would revise the regulations relating to acupuncturists and practitioners of oriental medicine (POM) to transform the current POM license into a one-time registration, make amendments to reflect legislative changes regarding acupuncturists which have occurred since the prior regulatory amendments on the topic, and to address acceptable testing scores due to new test formats. The rulemaking is in accordance with the Governor's recommendation for occupational licensure reform. Proposed rulemaking was published on February 2, 2022. The final regulation will be delivered in 1st Quarter 2023. Suzanne Zerbe
(717) 787-7768
Examinations
49 Pa. Code §§ 16.1, 17.11, 17.12 and 17.12c
(# 16A-4948)
Fall 2022,
as Final
The rulemaking will conform the regulation to reflect changes made by the National Board of Medical Examiners to the United States Medical Licensing Examination (USMLE) regarding limitations on the number and timing of attempts an applicant may take the various USMLE parts. The rulemaking will also remove the detailed descriptions of the FLEX and Federation of State Medical Boards (FSMB) licensing examinations which have not been offered for 24 and 33 years, respectively. Statutory Authority: Section 8 of the Medical Practice Act of 1985 (63 P.S. § 422.8). Proposed rulemaking published September 18, 2021. No IRRC or public comments received. The Board is drafting the final-form regulation. Suzanne Zerbe
(717) 787-7768
Orthotic Fitter Temporary Permits and Training
49 Pa. Code Chapter 18,
§§ 18.841 and 18.842
(# 16A-4947)
Fall 2022,
as Final
The rulemaking would extend the temporary practice permit from 12 months to 18 months to be consistent with National certification standards and provide permit holders with a full year to test. It would also permit an individual who has failed the certification examination three times and whose permit has expired to apply for a second permit after completing another approved education program. The proposed rulemaking was delivered to IRRC on December 22, 2020, and subsequently published in Pennsylvania Bulletin on January 9, 2021; the Board is drafting the final-form regulation. Suzanne Zerbe
(717) 787-7768
Temporary Graduate Perfusionist
49 Pa. Code § 18.604(e)
(# 16A-4954)
Fall 2022,
as Final-Omitted
The rulemaking will incorporate the provisions of Act 119 of 2016 by deleting 49 Pa. Code § 18.604(e) which directed that a temporary graduate perfusionist license expired upon the failure of the certification examination. Suzanne Zerbe
(717) 787-7768
Licensure by Endorsement
49 Pa. Code Chapter 17
(# 16A-4958)
Summer 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Preparation of proposed regulatory package completed; regulatory package presented to Governor's Office for review pursuant to E.O. 1996-1, Sec. 4.—Delivery of same expected in the 3rd Quarter of 2022. Suzanne Zerbe
(717) 787-7768
Schedule of Fees
18 Pa. Code § 16.13
(# 16A-4951)
Winter 2023,
as Proposed
The rulemaking would update the fees for initial applications and reduce the biennial renewal fees of the State Board of Medicine to reflect recent analysis by the budget office of Board finances and fee-for-service costs. Suzanne Zerbe
(717) 787-7768
Registration of Naturopathic Doctors
49 Pa. Code Chapter 18
(# 16A-4953)
Winter 2023,
as Final
The final rulemaking will amend the Board's regulations to implement the Naturopathic Doctor Registration Act, Act of Nov. 3, 2016, P.L. 997, No. 128, 63 P.S. §§ 272.101—272.301, which provides for the registration of naturopathic doctors. The regulation establishes fees, registration requirements, continuing education requirements, standards of practice, required records, advertising, grounds for discipline and types of discipline. The proposed regulation was published in the Pennsylvania Bulletin on December 18, 2022. Board Counsel is drafting the final-form rulemaking. Suzanne Zerbe
(717) 787-7768
State Board of Examiners of Nursing Home Administrators
Child Abuse Reporting Requirements
49 Pa. Code Chapter 39
(# 16A-6218)
Fall 2022,
as Proposed
This regulation implements mandatory reporting requirements relating to suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL, including the requirement that all applicants and licensees of the State Board of State Board of Examiners of Nursing Home Administrators obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155
Licensure by Endorsement
49 Pa. Code § 39.8a
(# 16A-6220)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Chris Stuckey
(717) 783-7155
State Board of Nursing
Nursing Education Programs
49 Pa. Code Chapter 21
(# 16A-5141)
Winter 2023,
as Proposed
This proposed rulemaking consolidates and updates pre- and post-licensure education regulations for registered nurses, licensed practical nurses and certified registered nurse practitioners and updates IV therapy terminology. Cindy Miller
(717) 783-7142
CRNA Licensure
49 Pa. Code Chapter 21
(# 16A-5145)
Winter 2023,
as Proposed
This rulemaking will add certification and scope of practice provisions per Act 60 of 2021. Statutory Authority: Section 8.8 and 8.9 of the Professional Nursing Law (63 P.S. §§ 218.8 and 218.9). Cindy Miller
(717) 783-7142
Continuing Education
49 Pa. Code Chapter 21
(# 16A-5146)
Winter 2023,
as Proposed
This rulemaking would add mandatory education on pain management or the identification of addiction under Act 124 of 2016 (ABC-MAP Act) and on organ and tissue donation and recovery under Act 90 of 2018 (Donate Life PA Act). Cindy Miller
(717) 783-7142
Nurse Licensure Compact
49 Pa. Code Chapter 21
(# 16A-5147)
Winter 2023,
as Proposed
This rulemaking will add nurse licensure compact provisions per Act 68 of 2021 (35 P.S. § 10292). Cindy Miller
(717) 783-7142
Licensure by Endorsement and Reactivation

§§ 21.30a, 21.156a and
21.1101—21.1104
(# 16A-5143)

Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. In addition, this regulation delineates the specific number of practice hours in another jurisdiction needed as an option to prove continued competence when a license has lapsed or been inactive for 5 or more years. Preparation of proposed regulatory package completed; regulatory package presented to Governor's Office for review pursuant to E.O. 1996-1, Sec. 4.—Delivery of same expected in the 3rd Quarter of 2022. Cindy Miller
(717) 783-7142
State Board of Occupational Therapy Education and Licensure
Child Abuse Reporting Requirements
49 Pa. Code §§ 42.41, 42.42, 42.45 and 42.47
(# 16A-6719)
Fall 2022,
as Proposed
This regulation updates 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, 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. On January 13, 2022, the OAG approved the proposed regulation. Christina Townley
(717) 783-1389
Licensure by Endorsement
49 Pa. Code §§ 42.1, 42.9 and 42.10
(# 16A-6713)
Fall 2022,
as Final
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The proposed rulemaking was published in the Pennsylvania Bulletin on February 5, 2022. Board counsel is drafting the final rulemaking package. Christina Townley
(717) 783-1389
State Board of Optometry
Child Abuse Reporting Requirements
49 Pa. Code §§ 23.111—
23.116
(# 16A-5215)
Fall 2022,
as Proposed
This regulation updates 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, including the requirement that all applicants and licensees of the State Board of Optometry obtain required training in child abuse recognition and reporting. Sarah McNeil
(717) 425-7398
Licensure by Endorsement
49 Pa. Code §§ 23.27—
23.27b
(# 16A-5218)
Winter 2023,
as Final
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The proposed regulation was published as proposed on September 18, 2021. The Board is considering comments received and is drafting the final rulemaking. Sarah McNeil
(717) 425-7398
State Board of Osteopathic Medicine
Prescribing
49 Pa. Code § 25.218
(# 16A-5330)
Winter 2023,
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 drugs, including the requirements of the Safe Emergency Prescribing Act (Act 122 of 2016), the provisions of Chapter 52A of Title 35, relating to prescribing opioids to minors, and the provisions of Chapter 51 of Title 35 relating to safe opioid prescription and voluntary non-opioid directives. Nichole Wray
(717) 772-8543
Licensure Requirements
49 Pa. Code Chapter 25
(# 16A-5335)
Winter 2023,
as Proposed
This proposed rulemaking is needed to address the current transition and ultimate merger of the American Osteopathic Association (AOA), the American Association of Colleges of Osteopathic Medicine (AACOM) and the Accreditation Council for Graduate Medical Education (ACGME), creating a single accreditation system for all graduate medical education. Nichole Wray
(717) 772-8543
Child Abuse Reporting Requirements
49 Pa. Code §§ 25.401—
25.416
(# 16A-5326)
Summer 2022,
as Proposed
This regulation updates 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, including the requirement that all applicants and licensees of the State Board of Osteopathic Medicine obtain required training in child abuse recognition and reporting. Nichole Wray
(717) 772-8543
Licensure by Endorsement
49 Pa. Code, Subchapter P
§§ 25.1001—25.1008
(# 16A-5336)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Nichole Wray
(717) 772-8543
Temporary Graduate Perfusionist
49 Pa. Code § 25.804(e)
(# 16A-5332)
Fall 2022,
as Final-Omitted
The rulemaking will incorporate the provisions of Act 120 of 2016 by deleting 49 Pa. Code § 25.804(e) which directed that a temporary graduate perfusionist license expired upon the failure of the certification examination. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P.S. § 271.16. Nichole Wray
(717) 772-8543
State Board of Pharmacy
Administration of Injectable Medications, Biologicals and Immunizations
49 Pa. Code §§ 27.12 and
27.401—27.407
(# 16A-5429)
Summer 2022,
as Final
This rulemaking addresses amendments to section 9.2 of the Pharmacy Act (63 P.S. § 380-9.2) which reduce the age of patients to whom pharmacists can administer influenza immunizations and permit pharmacy interns to administer injectable medications, biologicals and immunizations. Proposed rulemaking published October 24, 2020. Board voted to approve final rulemaking on January 19, 2021. The final rulemaking was delivered to IRRC on April 14, 2022, and was approved by IRRC at its May 19, 2022 meeting. Pending approval by OAG, this regulation will be published in the 3rd Quarter of 2022. Melanie Zimmerman
(717) 783-7156
Child Abuse Reporting Requirements
49 Pa. Code Chapter 27
(# 16A-5430)
Fall 2022,
as Proposed
This proposed regulation implements mandatory reporting requirements relating to suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL, including the requirement that all applicants and licensees of the State Board of State Board of Pharmacy obtain required training in child abuse recognition and reporting. Melanie Zimmerman
(717) 783-7156
Licensure by Endorsement
49 Pa. Code §§ 27.25a and
27.25b
(# 16A-5432)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Melanie Zimmerman
(717) 783-7156
Pharmacy Technicians
49 Pa. Code Chapter 27
(# 16A-5433)
Fall 2022,
as Proposed
This rulemaking will set up the registration requirements for pharmacy technicians and pharmacy technician trainees in accordance with the amendments made to the Pharmacy Act (Act 140 of 2020). Initial stakeholder outreach conducted; preparation of proposed rulemaking package currently underway. Melanie Zimmerman
(717) 783-7156
State Board of Physical Therapy
Students in Educational Program
49 Pa. Code Chapter 40
(# 16A-6519)
Winter 2023,
as Proposed
This proposed rulemaking would clarify an issue related to students enrolled in Board-approved schools of physical therapy who perform acts of physical therapy incidental to the student's course of study. Furthermore, this rulemaking would clarify that all PTs and PTAs may to obtain 100% of the required continuing education (CE) hours via online continuing education. Michelle Roberts
(717) 783-7134
Early Exam and CE for Clinical Instruction
49 Pa. Code Chapter 40
(# 16A-6522)
Fall 2022,
as Proposed
This proposed rulemaking would allow physical therapist students, and physical therapist assistant students, to sit for the requisite examinations up to 90 days prior to graduation from their respective programs. Additionally, this proposed rulemaking would allow physical therapists (PTs) and physical therapist assistants (PTAs) who provide clinical instruction to student PTs and student PTAs, at clinical facilities affiliated with accredited programs, to receive a limited amount of continuing education credits for providing clinical instruction to student PTs and student PTAs. Furthermore, the proposed rulemaking will amend the Board's regulations to allow applicants to register for the national examination with the examination provider, without having to first obtain the Board's permission. Board voted to approve proposed rulemaking; delivery of same to IRRC expected 3rd Quarter 2022. Michelle Roberts
(717) 783-7134
Licensure by Endorsement
49 Pa. Code Chapter 40
(# 16A-6523)
Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Board voted to approve proposed rulemaking; delivery of same to IRRC expected 3rd Quarter 2022. Michelle Roberts
(717) 783-7134
State Board of Podiatry
Continuing Education
49 Pa. Code § 29.61
(# 16A-4417)
Summer 2022,
as Final
This proposed rulemaking would provide for the use of distance learning to satisfy the continuing education requirement and provide for exemptions. The proposed rulemaking was delivered to IRRC on May 18, 2020, and subsequently published in Pennsylvania Bulletin on June 29, 2020. The final rulemaking was delivered to IRRC on April 27, 2022, and is on IRRC's June 16, 2022, agenda. Nichole Wray
(717) 772-8543
Licensure by Endorsement and Qualifications for Licensure
49 Pa. Code Chapter 29
(# 16A-4419)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. This regulation combined 16A-4415 (relating to qualifications for licensure), which proposes to update and clarify the requirements for licensure as a doctor of podiatric medicine. Combining was necessary to clarify Act 41 licensure requirements. Nichole Wray
(717) 772-8543
Prescribing
49 Pa. Code § 29.42
(# 16A-4418)
Winter 2023,
as Proposed
This rulemaking would establish guidelines for podiatrists prescribing controlled substances and would incorporate statutory requirements related to the ABC-MAP prescription drug monitoring database. Statutory Authority: Section 15 of the Podiatry Practice Act (act) (63 P.S. § 42.15) authorizes the Board to establish reasonable rules and regulations to carry out the intent and purposes of the act. Nichole Wray
(717) 772-8543
Authority to Perform Acupuncture
49 Pa. Code Chapter 29
(# 16A-449)
Winter 2023,
as Proposed
This regulation is required to regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3(b) of the Acupuncture Registration Act (63 P.S. § 1803). Nichole Wray
(717) 772-8543
Child Abuse Reporting Requirements
49 Pa. Code §§ 29.91—29.97
(# 16A-4412)
Fall 2022,
as Proposed
This regulation updates the Board's regulations on mandatory reporting of suspected child abuse and implements the training/continuing education mandated by recent amendments to the Child Protective Services Law (CPSL), 23 P.S. 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL requires the Board to promulgate regulations consistent with the CPSL; Section 15 of the Podiatry Practice Act (act), 63 P.S. § 42.15, directs the Board to adopt regulations to carry out the purposes of the act. Nichole Wray
(717) 772-8543
State Board of Psychology
Continuing Education
49 Pa. Code § 41.59
(# 16A-6317)
Winter 2023,
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. Sarah McNeil
(717) 425-7398
General Revisions
49 Pa. Code § 41.31
(# 16A-6320)
Winter 2023,
as Proposed
This proposed rulemaking will update the Board's regulations to conform to changes made to the Professional Psychologists Practice Act by the Act of June 23, 2016 (P.L. 379, No. 53) (Act 53 of 2016). Act 53 of 2016 clarifies the scope of practice of psychology, grants the Board the power to issue temporary licenses to out of State licensees, revises and removes some of the previous exemptions to licensure, removes the time limitation pertaining to the retaking of the licensure examinations, eliminates the requirement that at least one year of supervised experience be obtained subsequent to the granting of the doctoral degree, gives the Board the ability to bar a suspended licensee from engaging in any other form of counseling or mental health practice, and requires licensees to report multiple licensure of any other health profession. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P.S. § 1203.2(2). Sarah McNeil
(717) 425-7398
Child Abuse Reporting Requirements
49 Pa. Code §§ 41.1, 41.42, 41.45 and 41.47
(# 16A-6322)
Fall 2022,
as Proposed
This regulation updates 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, including the requirement that all applicants and licensees of the State Board of Psychology obtain required training in child abuse recognition and reporting. Sarah McNeil
(717) 425-7398
State Board of Certified Real Estate Appraisers
Licensure by Endorsement
49 Pa. Code §§ 36.226 and 36.227
(# 16A-7024)
Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Board voted to approve proposed rulemaking; delivery of same to IRRC expected in 3rd Quarter 2022. Kristel Hennessy Hemler
(717) 214-7779
Schedule of Fees
49 Pa. Code § 36.6
(# 16A-7025)
Winter 2023,
as Proposed
The proposed rulemaking is needed to increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 9 of the Real Estate Appraisers Certification Act (63 P.S. § 457.9). Initial stakeholder outreach conducted. Kristel Hennessy Hemler
(717) 214-7779
General Revisions
49 Pa. Code §§ 458.1—
458.16
(# 16A-7026)
Winter 2023,
as Proposed
This proposed rulemaking will update several provisions, including definitions, permissible and prohibited activity, and qualification of applicants, to conform with the Act 88 of 2020 amendments to the Assessors Certification Act. Statutory Authority: Section (3) of the Assessors Certification Act, 63 P.S. § 458.3. Board voted to approve proposed rulemaking; delivery of same to IRRC expected in 4th Quarter 2023. Kristel Hennessy Hemler
(717) 214-7779
Distance Education
49 Pa. Code §§ 36.1, 36.11, 36.12, 36.12a, 36.43, 36.201, 36.224, 36.262 and 36.263
(# 16A-7029)
Winter 2023,
as Proposed
Act 100 of 2021 requires each licensing board to establish rules and regulations for continuing education that provides for distance education. This proposed rulemaking will update definitions and distance education standards for qualifying and continuing education courses. The rulemaking will affect certified residential and general real estate appraisers, licensed appraiser trainees and Certified Pennsylvania Evaluators. The distance education standards will comply with new Federal requirements implemented by the Appraisal Qualifications Board (AQB) effective January 1, 2022. Initial stakeholder outreach conducted. Kristel Hennessy Hemler
(717) 214-7779
State Real Estate Commission
General Revisions
49 Pa. Code Chapter 35
(# 16A-5616)
Winter 2023,
as Proposed
The proposed rulemaking would update the Commission's regulations to reflect changes in the law and practice in the industry, which include advertising and escrow requirements. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P.S. § 455.404. This regulation was formerly entitled ''Advertising.'' The Board decided to expand the regulation to include other general updates. Krista Linsenbach
(717) 783-3658
Broker Price Opinions
49 Pa. Code Subchapter J
(# 16A-5626)
Winter 2023,
as Proposed
The proposed rulemaking implements the act of June 29, 2018 (P.L. 500, No. 75) (Act 75 of 2018) which amended the Real Estate Licensing and Registration Act (63 P.S. §§ 455.101—455.902). The proposed regulations would add a new subchapter which sets forth limitations and requirements for broker price opinions, including required disclosures, signature requirements, permissible uses and required experience and education for brokers, associate brokers and salespersons. Krista Linsenbach
(717) 783-3658
Licensure by Endorsement
49 Pa. Code § 35.230
(# 16A-5625)
Winter 2023,
as Proposed
This rulemaking amends the Commission's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Krista Linsenbach
(717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
General Revisions
49 Pa. Code Chapters 47—49
(# 16A-6923)
Winter 2023,
as Proposed
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. This rulemaking also amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Sandra Matter
(717) 783-1389
State Board of Examiners in Speech-Language Pathology and Audiology
Licensure by Endorsement
49 Pa. Code §§ 45.601—
45.604
(# 16A-6808)
Fall 2022,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Sarah McNeil
(717) 425-7398
Child Abuse Reporting Requirements
49 Pa. Code §§ 45.401—
45.407
(# 16A-6805)
Fall 2022,
as Proposed
This regulation updates 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, 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. Sarah McNeil
(717) 425-7398
State Board of Vehicle Manufacturers, Dealers and Salespersons
Fee Increase
49 Pa. Code § 19.4
(# 16A-5726)
Fall 2022,
as Final
This proposed rulemaking would increase application fees and biennial renewal fees for licensees of the Board such that revenues would be sufficient to meet projected expenditures. Statutory Authority: Section 30(a) of the Board of Vehicles Act (Act) (63 P.S. § 818.30(a)) requires an increase in fees when the expenses incurred by the Board to meet its obligations under the Act, including enforcement, exceed revenues. The proposed rulemaking published on June 12, 2021. The Board is drafting the final rulemaking. Janice Cline
(717) 772-0483
State Board of Veterinary Medicine
Euthanasia
49 Pa. Code Chapter 31
(# 16A-5726)
Winter 2023,
as Final
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 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. The proposed rulemaking was published on April 2, 2022. Board Counsel is preparing the final rulemaking package. Michelle Roberts
(717) 783-7134
Licensure by Endorsement
49 Pa. Code Chapter 31
(# 16A-5730)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Board voted to approve proposed rulemaking September 25, 2020; delivery of same to IRRC expected 1st Quarter 2023. Michelle Roberts
(717) 783-7134
Continuing Education
49 Pa. Code Chapter 31
(# 16A-5731)
Winter 2023,
as Proposed
This rulemaking amends the Board's regulations to allow veterinarians to obtain 100% of the required 30 continuing education (CE) hours via online continuing education, and to clarify that veterinarians and CVTs are not required to complete continuing education during the biennial renewal cycle in which they first obtain certification or licensure. Michelle Roberts
(717) 783-7134
Schedule of Fees
49 Pa. Code Chapter 31
(# 16A-5732)
Winter 2023,
as Proposed
The proposed rulemaking is needed to increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 13 of the Veterinary Medicine Practice Act (63 P.S. § 485.13). Michelle Roberts
(717) 783-7134
Department of Transportation (DOT)
Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code Chapter 441
Summer 2022,
as Proposed
The Department will be promulgating a regulation to rewrite the entirety of Chapter 441 and to address comments received during the promulgation of an earlier promulgated Chapter 441 regulation redefining the term ''owner.'' Mike Dzurko
(717) 783-6080
Vehicle Equipment and Inspection
67 Pa. Code Chapter 175
Fall 2022,
as Proposed
This rulemaking updates vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations made by the Department's Inspection Advisory Board. Laura Krol
(717) 346-1907
Intrastate Motor Carrier Safety
67 Pa. Code Chapter 231
Summer 2022,
as Proposed
This rulemaking is necessary to waive hours of service limitations imposed by Federal law and other requirements for mass transportation organizations and their drivers, while establishing new requirements consistent with the public interest. Danielle Spila
(717) 787-1208
School Bus Side Stop Signal Arm Enforcement Systems (Permanent)
67 Pa. Code Chapter 171b
Fall 2022,
as Proposed
This rulemaking will make temporary regulations at 67 Pa. Code Chapter 171a permanent as required by Act 159 of 2018, as amended by Act 80 of 2021. Angelia Gillis
(717) 346-1907
Dan Farley
(717) 783-0333
Office of Administration (OA)
Office of Administration
Civil Service Reform
4 Pa. Code Chapters 608—615
October 2022,
as Proposed
This proposed rulemaking is needed to continue the implementation of Act 71 of 2018 (P.L. 460, No. 71), 71 Pa.C.S. Part III, commonly referred to as ''the Civil Service Reform Act'' (''Act''). The Act transferred administration of the Commonwealth's merit system of employment from the State Civil Service Commission (''SCSC'') to the Office of Administration (''OA''). Under Section 2203(b)(2) of the Act, 71 Pa.C.S. § 2203(b)(2), OA promulgates proposed regulations to facilitate implementation of the merit system. On March 16, 2019, OA, pursuant to its statutory authority, published temporary regulations implementing the transfer of duties from SCSC to OA. In March 2022, OA promulgated a new set of temporary regulations to address policy and procedural changes made by OA since promulgating the March 16, 2019 temporary regulations. Cynthia Williams
(717) 783-2590
Pennsylvania Municipal Retirement System (PMRS)
No regulations being developed or considered at this time.
Pennsylvania State Employees' Retirement System (SERS)
No regulations being developed or considered at this time.
Department of Drug and Alcohol Programs (DDAP)
No regulations being developed or considered at this time.
Department of Community and Economic Development (DCED)
Industrial Housing and Components
12 Pa. Code Chapter 145
(# 4-100)
Winter 2022,
as Proposed
The proposed regulation will revise section 145.93 to reduce the timing of factory inspections from every year to every two years, and will revise section 145.94 to increase fees. Robert Teplitz
(717) 787-6246
Department of General Services (DGS)
No regulations being developed or considered at this time.
Pennsylvania Emergency Management Agency (PEMA)
No regulations being developed or considered at this time.
[Pa.B. Doc. No. 22-1163. Filed for public inspection July 29, 2022, 9:00 a.m.]



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

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