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[36 Pa.B. 630]

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Regulation Being
Considered
Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
PUBLIC WELFARE
Administration of County Children and Youth Programs
55 Pa. Code Chapter 3130
June 2006, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children. Ruth O'Brien
(717) 783-2800
Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code Chapter 3680
February 2007, as proposed This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home. Ruth O'Brien
(717) 783-2800
Food Stamp Disqualification Penalties
55 Pa. Code Chapter 501
June 2006, as proposed This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800
Family Violence Option
55 Pa. Code Chapter 187
February 2007, as proposed This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800
Increases in Payment for Burial and/or Cremation
55 Pa. Code Chapter 285
April 2006, as final-form This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A deceased person of any age who received or was eligible to receive a money payment --TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800
Breast and Cervical Cancer Prevention and Treatment Program
55 Pa. Code Chapter 140
September 2006, as final-form This regulation provides Medicaid benefits to individuals diagnosed with Breast and Cervical Cancer, effective January 1, 2002. The BCCPT Act of 2000 amended Title XIX of the Social Security Act by giving states the option of providing full Medicaid benefits to a new group of individuals. This regulation provides Medical Assistance for women who have breast and cervical cancer, including pre-cancerous conditions of the breast and cervix, in addition to full Medicaid benefits. Specifically, uninsured and underinsured women under the age of 65, screened and diagnosed with either breast or cervical cancer, including pre-cancerous conditions of the breast or cervix, by a provider or facility funded in full or part by the Centers for Disease Control and Prevention under its National Breast and Cervical Cancer Early Detection Program, will be eligible for Medicaid benefits. Pennsylvania has chosen the Department of Health Healthy Woman Project as the screening entity for this program. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, professional medical organizations and other client advocacy groups. Ruth O'Brien
(717) 783-2800
Medical Assistance Changes
(MAC)
55 Pa. Code Chapters 133, 140, 141, 178 and 181
March 2006, as proposed This regulation incorporates eligibility requirements for Temporary Assistance for Needy Families (TANF)-related, Supplemental Security Income (SSI)-related and General Assistance (GA)-related Medicaid. Some of the major changes include revisions to: 1) the application and redetermination process; 2) the qualification requirements and eligibility rules for Healthy Beginnings; 3) the income eligibility methodologies for TANF-related categories of Medicaid; 4) the income and resource requirements for the Medicaid Program; 5) Extended Medical Coverage to include provisions as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1966 (PRWORA); 6) the GA-related Nonmoney Payment (NMP) and Medically Needy Only (MNO) eligibility criteria as set forth in Act 35; 7) the qualifying criteria for TANF-related categories to include a new eligibility group as set forth in § 1931 of the Social Security Act. Ruth O'Brien
(717) 783-2800
Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241
March 2007, as final-omitted This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Medical Assistance Case Management Services
55 Pa. Code Chapter 1239
March 2007, as proposed This regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
OMNIBUS Pharmacy
55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243
June 2006, as final-omitted This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation was reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code Chapters 1157, 1165
July 2007, as proposed This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee on 3/28/02. The Department received comments from 6 agencies. Revised regulations are under review by the Department. Ruth O'Brien
(717) 783-2800
Physician Assistant/Midwife
55 Pa. Code Chapter 1141
June 2007, as final-omitted This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code Chapter 1150
June 2006, as final-omitted This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Capital Component Payment for Replacement Beds
55 Pa. Code Chapter 1187
February 2007, as proposed This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa. B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
New Definition of ''Emergency Medical Condition''
55 Pa. Code Chapters 1101, 1141, 1150, 1221
June 2006, as proposed This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Definition of Medically Necessary
55 Pa. Code Chapter 1101
February 2007, as proposed This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Tobacco Cessation and Nutritional Supplements
55 Pa. Code Chapter 1121
June 2006, as final-omitted This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Dental Services
55 Pa. Code Chapter 1149
June 2006, as final-omitted This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Preadmission Requirements for Nursing Facility Services
55 Pa. Code Chapter 1187
July 2007, as final This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Penile Prosthesis
55 Pa. Code Chapters 1141, 1163,
February 2007, as proposed This regulation revises the current § 1141.59(8) non-compensable services and § 1163.59(a)(4) noncompensable services, items and outliers days. Ruth O'Brien
(717) 783-2800
Extension of County Transition Payments and Double Disproportionate Share
55 Pa. Code Chapter 1187
July 2007, as final-omitted This regulation will extend the county nursing facility transition rates for the period July 1, 2003, through June 30, 2009, and will increase the disproportionate share incentive payments to qualified nursing facilities for the period July 1, 2003 through June 30, 2008. The disproportionate share incentive payment shall be increased to equal two times the disproportionate share per diem incentive calculated in accordance with 55 Pa. Code § 1187.111(c). This regulation will be reviewed by the Medical Assistance Advisory Committee. These changes are made in accordance with the Intergovernmental Transfer Agreements. Ruth O'Brien
(717) 783-2800
Home Health Regulation
55 Pa. Code Chapter 1249
July 2006, as final-form The proposed regulation: 1. removes the State requirement that clients be homebound to receive home health agency services. Requiring a client to be homebound is in violation of ''Olmstead Update No. 3'' codified at 42 CFR 440.230(c) and 440.240(b);
2. moves service limitations from the regulations to the fee schedule which will permit program exceptions to the limitations when appropriate.
Ruth O'Brien
(717) 783-2800
Changes to Nursing Facility Rate Setting System
55 Pa. Code Chapter 1187
June 2006, as final-omitted This regulation will support the balancing of long term care by encouraging the continued trend of having nursing facilities serve higher acuity MA recipients, encouraging right sized facilities and decreased reliance on MA payments. Further objectives of this regulation will be to provide greater predictability in rate setting, reduce the number of appeals and incorporate performance standards/incentives to encourage cost effective and high quality care in the most appropriate setting. Ruth O'Brien
(717) 783-2800
Medical Assistance Provider Appeal Procedures
55 Pa. Code Chapter 41
October 2006, as final-form This regulation implements 67 Pa.C.S. 1106 and establishes rules of procedure governing Medical Assistance Provider appeals. Ruth O'Brien
(717) 783-2800
Third Party Liability Programs
55 Pa. Code Chapter 259
September 2006, as proposed Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to ensure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language. Ruth O'Brien
(717) 783-2800
Licensure and Approval Appeal Procedures
55 Pa. Code Various Chapters
February 2006, as proposed This regulation replaces the uncodified regulation at 7 Pa.B. 3266 with the General Rules of Administrative Practice and Procedure (1 Pa. Code Chs. 31-35) for all facilities and agencies certified by the Department. Ruth O'Brien
(717) 783-2800
Psychiatric Outpatient Clinics
55 Pa. Code Chapter 5200
February 2007, as proposed This proposed regulation revises the current regulations pertaining to organization, staffing, and supervision for licensed psychiatric outpatient services. This regulation will be reviewed by the Mental Health Advisory Council and the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Family-Based Mental Health Service Providers
Draft Regulation,
55 Pa. Code Chapter 5260
February 2007, as proposed This proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents. Ruth O'Brien
(717) 783-2800
Child Care Providers
55 Pa. Code Chapters 3270, 3280, 3291, 3300
April 2006 as proposed The purpose of the proposed rulemaking is to update the minimum standards for child care facilities. The regulations need to be updated to reference the current laws that directly impact on the operation of child care facilities, to incorporate the Department's statements of policy issued since 1992, to implement changes in recommended health and safety practices, to clarify regulations and to reflect best practice in the field of child care. Ruth O'Brien
(717) 783-2800
Child Care Subsidy
55 Pa. Code Chapter 168
April 2006 as proposed The purpose of the proposed rulemaking is to align the Office of Income Maintenance and Office of Child Development policies regarding subsidized child care and increase child care services to families receiving Temporary Assistance for Needy Families, General Assistance, and Food Stamp benefits. The proposed amendments will simplify policies and create a more user-friendly system for families. Ruth O'Brien
(717) 783-2800
REVENUE
Construction Contractors
61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17
July 2006, as proposed The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities following Act 45 of 1998. Department awaiting decision of the Pennsylvania Supreme Court. Douglas Berguson
717-346-4633
Construction Contractors
61 Pa. Code §§ 31.11, 46.2, 46.3, 46.6 and 46.9
December 2005, as proposed. Administrative Clean Up of Chapter 46 Construction Contractors and Amendment to § 31.11 to avoid duplication of regulations. Douglas Berguson
717-346-4633
Prebuilt Housing
March 2006, as final. The regulation codifies legislative changes relating to prebuilt housing that were set forth in Act 23-2000 (72 P. S. §§ 7201(g)(8), (vv)--(zz), 7202(f) and 7204(60)). Douglas Berguson
717-346-4633
Realty Transfer Tax Amendments
61 Pa. Code, Chapter 91
November 2005, as proposed. The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy. Douglas Berguson
717-346-4633
Small Games of Chance Amendments
61 Pa. Code, Part VII
March 2006, as final. The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance. Douglas Berguson
717-346-4633
Support Offset and Other Personal Income Tax Provisions September 2006, as proposed This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas Berguson
717-346-4633
Pennsylvania Gaming Cash Flow Management
61 Pa. Code §§ 1001.1--1001.10
March 2006, as temporary The Department is proposing temporary regulations for Chapter 1001, Pennsylvania Gaming Cash Flow Management in accordance with the Pennsylvania Race Horse Development and Gaming Act 2004 (Act 71). Douglas Berguson
717-346-4633
Terminal-based Lottery Games
61 Pa. Code §§ 875.1--875.17
March 2006 as final The regulation establishes and details the procedures that will be followed in operating and administering the Terminal-based Lottery Games. Douglas Berguson
717-346-4633
Contract Carriers Exemption Certificate-Transfer of Registration § 31.46 July 2006 as proposed This regulatory change will amend certain regulatory provisions for exemption from sales tax for transfer of registration to conform to Federal legislation. Douglas Berguson
717-346-4633
Proof Required to Establish Credit § 111.5 January 2006 as final This regulatory change will eliminate the need for a ''signed'' copy of an out-of-state tax return for proof required to establish credit. Douglas Berguson
717-346-4633
SECURITIES COMMISSION
Accountants
64 Pa. Code § 609.033
Proposed Rulemaking Spring 2006 The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130
STATE
Bureau of Commissions, Elections and Legislation
-Alteration of Local Election Districts- 4 Pa. Code § 184 (16-36)
Spring 2006, as Proposed. The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code, 25 P. S. §§ 2701--2750. Statutory Authority: Section 2750 of the Election Code, 25 P. S. § 2570, which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting. L. Lawrence Boyle
(717) 783-1657
State Board of Accountancy Linda Dinger
(717) 783-1404
-General Revisions-
49 Pa. Code, Chapter 11.
(16A-559)
Spring 2006, as Final. The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.
State Architects Licensure BoardLinda Dinger
(717) 783-3397
-Architect Registration Examination Requirements -
49 Pa. Code § 9.45(b)
(16A-419)
Spring 2006, as Proposed. This regulation would adopt a 5-year ''rolling clock'' requirement that applicants pass all divisions of the Architect Registration Examination within a rolling 5-year period. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).
-Schedule of Civil Penalties-
49 Pa. Code § 43b.21.
(number not yet assigned)
Spring 2006, as Proposed. This regulation would amend the schedule of Act 48 civil penalties for violations of the Architects Licensure Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Auctioneer ExaminersLinda Dinger
(717) 783-3397
-Correction to Fee Schedule -
49 Pa. Code § 1.41
(16A-646)
Spring 2006, as Final (Proposed-
Omitted).
This regulation would correct the fee schedule in which a line was inadvertently deleted when the schedule was last amended. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a).
State Board of Barber ExaminersHilarene Staller
(717) 783-3402
-Student Records and Student Curriculum- 49 Pa. Code, Chapter 3
(16A-427)
Fall 2006, as Proposed The regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops, regardless of whether the school or shop is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; and to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).
-Schedule of Civil Penalties- 49 Pa. Code § 43b.4
(16-32)
Spring 2006, as Final. This regulation would amend the schedule of Act 48 civil penalties for violations of the Barbers' Licensing Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Certified Real Estate Appraisers Michelle Smey
(717) 783-4866
-General Revisions-
49 Pa. Code, Chapter 36.
(16A-7014)
Spring 2006, as Proposed. The regulation represents a comprehensive revision of requirements relating to education and experience for initial certification, continuing education for renewal of certification, standards of practice, and supervision of appraisal assistants. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2); and Section 3 of the Assessors Certification Act, 63 P. S. § 458.3.
State Board of Chiropractic Deborah Smith
(717) 783-7155
-Chiropractic specialties-
49 Pa. Code Ch. 5
(16A-4312)
Spring 2006, as Proposed. The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).
-Patient records-
49 Pa. Code § 5.51
(16A-4313)
Spring 2006, as Proposed. The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).
-Volunteer license-
49 Pa. Code § 5.20
(number not yet assigned)
Summer 2006, as Proposed. This regulation is required to conform the regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.
Commissioner, BPOACynthia K. Montgomery
(717) 783-7200
-Schedule of Civil Penalties-
49 Pa. Code §§ 43b.4, 43b.8 and 43b.9
(16-32)
Spring 2006, as Final. The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission and State Board of Vehicle Manufacturers, Dealers and Salespersons that were previously codified as regulations under Act 48 of 1993. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
Corporations BureauMartha Brown
(717) 787-6802
-UCC Revised Article 9-
(16-35)
Fall 2006, as Proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.
State Board of Cosmetology Hilarene Staller
(717) 783-7130
-Accreditation of cosmetology schools- 49 Pa. Code §§ 7.111 and 7.113a
(16A-4511)
Spring 2006, as Proposed. This regulation amends the Board's existing regulations to clarify the accreditation requirements for cosmetology schools. Statutory Authority: Sections 6 and 11 of the Beauty Culture Law, 63 P. S. §§ 512 and 517.
-Removal of term ''manager'' - 49 Pa. Code, Chapter 7
(16A-4513)
Spring 2006, as Proposed. This regulation amends Chapter 7 to delete all references to the manager's license, which was eliminated by Act 98 of 2002. Statutory Authority: Section 11 of the Beauty Culture Law, 63 P. S. § 517.
State Board of Dentistry Lisa Burns
(717) 783-7162
-Expanded Function Dental Assistants' Curriculum Requirements- 49 Pa. Code, Chapter 33
(16A-4616)
Summer 2006, as Proposed. This regulation is intended to establish curriculum requirements for schools offering education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).
-Administration of Local Anesthesia by Dental Hygienists - 49 Pa. Code, Chapter 33 (16A-4617) Spring 2006, as Proposed. This regulation will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).
-Sexual Misconduct - 49 Pa. Code, Chapter 33
(16A-4618)
Spring 2006, as Proposed. This regulation will define sexual misconduct as it pertains to dentists, dental hygienists and expanded function dental assistants. Statutory Authority: Sections 3(c), (d) (d.1) and (o) of the Dental Law, 63 P. S. § 122(c), (d), (d.1) and (o).
- Dental Hygiene Scope of Practice - 49 Pa. Code § 33.205.
(16A-4619)
Spring 2006, as Proposed. This regulation is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).
-Volunteer license- 49 Pa. Code § 33.110 (number not yet assigned) Summer 2006, as Proposed. This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
State Board of Funeral Directors Michelle Smey
(717) 783-3397
-Professional Misconduct-
49 Pa. Code §§ 13.201, 13.202.
(16A-4814)
Spring 2006, as Final. The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).
-General Revisions-
49 Pa. Code , Chap. 13
(number not yet assigned)
Spring 2006, as Proposed. These amendments would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications for licensure and responsibilities of supervisors. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).
-Forms Review-
49 Pa. Code §§ 13.204 and 13.244
(16A-4813)
Spring 2006, as Proposed. This proposed regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).
-Preneed Funeral Arrangements- 49 Pa. Code, Chapter 13
(16A-4815)
Spring 2006, as Proposed This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).
State Board of Landscape Architects Terrie Kocher
(717) 772-8528
- General Revisions -
49 Pa. Code, Chapter 15.
(16A-618)
Spring 2006, as Final. The regulation would entail general revisions of the Board's current regulations. Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9).
State Board of Medicine Tammy Radel
(717) 783-1400
-Athletic Trainers-
49 Pa. Code, Chap. 16
(16A-4915)
Spring 2006, as Proposed This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.
-Acupuncture Registration -
49 Pa. Code, Chapter 18, §§ 18.11-18.19
(16A-4919)
Spring 2006, as Final. This proposed regulation will amend the Board's existing regulations so that they comport with the Act 49 amendments to the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.
-Physician Assistants-
49 Pa. Code, Chapter 18, Subchapter D
(16A-4916)
Fall 2006, as Final. This regulation amends the Board's regulations pertaining to physician assistants. Statutory Authority: Section 13 of the Medical Practice Act of 1985, 63 P. S. § 422.1.
-Respiratory Care Practitioners Continuing Education - 49 Pa. Code, Chapter 18, Subchapter F.
(16A-4921)
Fall 2006, as Final. This regulation is needed to carry out the legislative mandate of Act 55 of 2004 which required certified respiratory care practitioners to complete 20 credits of continuing education each biennium as a condition of certificate renewal. Statutory Authority: Section 1 of Act 55 of 2004 and section 36.1(f) of the Medical Practice Act of 1985, 63 P. S. § 422.36a(f).
-Volunteer License-
49 Pa. Code § 16.18
(number not yet assigned)
Summer 2006, as Proposed. This regulation is required to amend the current regulations regarding volunteer licenses to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
State Board of Nursing Ann Steffanic
(717) 783-7142
-CRNP Program Approval-
49 Pa. Code §§ 21.260--278, 286-289.
(16A-5119)
Spring 2006, as Final. This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
-Licensed Dietitian-Nutritionist Regulations-
49 Pa. Code §§ 21.701--21.717
(16A-5120)
Spring 2006, as Final. Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian-nutritionists. These regulations implement those amendments. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
-Temporary Practice Permits-
49 Pa. Code §§ 21.7 and 21.149
(16A-5121)
Spring 2006, as Final. The regulation provides for temporary practice permits for graduate professional nurses and graduate practical nurses and for currently-licensed professional nurses and practical nurses practicing in other jurisdictions who apply for licensure in this Commonwealth. Statutory Authority: Sections 2.1(k) and 4.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 214.1; and sections 3.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 653.1 and 667.6.
-LPN/IV Therapy-
49 Pa. Code § 21.145
(16A-5122)
Spring 2006, as Proposed This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.
-RN and LPN Program Examination Pass Rates-
49 Pa. Code, Chapter 21
(16A-5123)
Spring 2006, as Proposed. This regulation will clarify the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.
-CRNP General Revisions- 49 Pa. Code, Chapter 21, Subchapter C
(16A-5124)
Spring 2006, as Proposed. This regulation is required to implement Act 206 of 2002, which gave exclusive jurisdiction over CRNPs to the State Board of Nursing and to revise the existing regulations to allow the effective use of CRNPs to the full extent of their education and training. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 7(c) of Act 306 of 2002, P. L. 1567, No. 206, December 9, 2002.
-Fees for Approval of Nursing Education Programs- 49 Pa. Code, Chapter 21
(16A-5127)
Fall 2006, as Final. This regulation updates the fees charged by the Board of the approval of nursing education programs at the professional nurse, licensed practical nurse, and certified registered nurse practitioner levels to reflect the current cost of providing these services. Statutory Authority: Section 11.2 of the Professional Nurse Law, 63 P. S. § 221.2, and section 17.5 of the Practical Nurse Law, 63 P. S. § 667.5.
-Fees for CRNP Continuing Education Course Approval- 49 Pa. Code, Chapter 21
Spring 2006, as Proposed. This regulation would establish a fee for the approval of CRNP continuing education courses. Statutory Authority: Sections 8.1(c) and 11.2(a) and (d) of the Professional Nursing Law, 63 P. S. §§ 218.1(c), 221.2(a) and (d).
-Volunteer License-
49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607.
(number not yet assigned)
Summer 2006, as Proposed. This regulation is required to amend the regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
State Board of Examiners of Nursing Home Administrators Christina Stuckey
(717) 783-7155
-Requirements for Admission to Examination-
49 Pa. Code § 39.5.
(16A-627)
Spring 2006, as Proposed. This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).
-Biennial Renewal Fees- 49 Pa. Code § 39.72
(16A-6210)
Fall 2006, as Final. The regulation increases the biennial renewal fee for all nursing home administrators from $108 to $297. Statutory authority: Section 7.1(a) of the Nursing Home Administrators License Act, 63 P. S. § 1107.1(a).
State Board of Occupational Therapy Education and Licensure
-Orders- 49 Pa. Code § 42.25
(16A-676)
Spring 2006, as Proposed. This regulation would permit an occupational therapist to accept an order from a physician, podiatrist, optometrist or other practitioner authorized by law or facility policy to issue orders for medical and therapeutic measures; and to authorize an occupational therapist to receive an oral order when it is impracticable to receive a written order. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b). Christina Stuckey
(717) 783-1389
State Board of Optometry
-Volunteer License-
49 Pa. Code § 23.26
(number not yet assigned)
Summer 2006, as Proposed. This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). Deborah Smith
(717) 783-7155
State Board of Osteopathic Medicine Gina Bittner
(717) 783-4858
-Athletic Trainers-
49 Pa. Code, Chap. 16
(16A-5314)
Spring 2006, as Proposed This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.
-Deletion of Exam Fees-
49 Pa. Code §§ 25.223 and 25.231
(16A-5315)
Spring 2006, as Final. This regulation deletes references to examination fees from the Board's regulations because the national examiners set the fees rather than the Board. Statutory Authority: Section 13.1 of the Osteopathic Medical Practice Act, 63 P. S. § 271.13a.

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