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. 07-186b

[37 Pa.B. 609]
[Saturday, February 3, 2007]

[Continued from previous Web Page]

Regulation Being
Considered
Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
Third Party Liability Programs
55 Pa. Code
Chapter 259
June 2007, 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
April 2007, 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
Family-Based Mental Health Service Providers Draft Regulation,
55 Pa. Code
Chapter 5260
June 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
Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code
Chapters 31, 1157, 1165
April 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 (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department. Ruth O'Brien
(717) 783-2800
Intermediate Care Facilities for the Mentally Retarded
55 Pa. Code
Chapter 6650
July 2007, as proposed This regulation applies to private and public residential facilities receiving monies for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, conversion of State-funded programs to ICF/MR, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log. Ruth O'Brien
(717) 783-2800
Child Care Facilities
55 Pa. Code
Chapters 3270, 3280, 3290, 3300
May 2007 as final-form 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
REVENUE
Construction Contractors
61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17
December 2007, 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
September 2007, as final. Chapter 46 Construction Contractors Sales Tax Requirements and Amendment to § 31.11 to avoid duplication of regulations. Douglas Berguson
717-346-4633
Regulations Governing the Collection of a School District Personal Income Tax
61 Pa. Code
Chapters 141--148
Published as final December 2, 2006 The regulation provides uniform rules for the levy, implementation, administration, assessment and collection of the School District Personal Income Tax authorized by the Taxpayer Relief Act of 2006. Regulation published at 36 Pa.B. 7253 (December 2, 2006). Douglas Berguson
717-346-4633
Realty Transfer Tax Amendments
61 Pa. Code,
Chapter 91
September 2007, as final. 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
Organ and Bone Marrow Donor Tax Credit
61 Pa. Code § 11.1
Published as final December 2, 2006 Chapter 11 implements the organ and bone marrow donor tax credit under sections 3 and 4 of the Organ and Bone Marrow Donor Act of 2006. Regulation published at 36 Pa.B. 7252 (December 2, 2006). Douglas Berguson
717-346-4633
Support Offset and Other Personal Income Tax Provisions July 2007, 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-- 1001.11
July 2007, as final The Department is proposing ''permanent'' 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
Contract Carriers Exemption Certificate--Transfer of Registration § 31.46 July 2007, 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
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Commissions, Elections and Legislation
 
Alteration of Local Election Districts
4 Pa. Code § 184 (16-36)
 
Lobbying Disclosure 51 Pa. Code (number not yet assigned)
Fall 2007, as Proposed.
 
 
 
Spring 2007, 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.
 
 
This proposed rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006, which requires the Lobbying Disclosure Committee to deliver proposed regulations implementing the provisions of Act 134 within 180 days. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.
L. Lawrence Boyle
(717) 783-1657
Bureau of Professional and Occupational Affairs Recording Devices
49 Pa. Code, §§ 43b.101-- 43b.102 (number not yet assigned)
Spring 2007, as Proposed. The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings. Thomas A. Blackburn
(717) 783-7200
State Board of Accountancy
General Revisions
49 Pa. Code,
Chapter 11. (16A--559)
 
 
Continuing Education
49 Pa. Code §§ 11.61-- 11.69a (16A-5511)
Spring 2007, as Final.
 
 
 
 
 
 
Spring 2007, as Proposed.
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.
 
The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.
Penny Walker
(717) 783-1404
State Architects Licensure Board Architect Registration Examination Requirements
49 Pa. Code § 9.45(b) (16A-419)
Spring 2007, 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). Penny Walker
(717) 783-3397
State Athletic Association Communicable Disease Testing
58 Pa. Code § 21.8 (16-37)
Spring 2007, as Proposed. This regulation would alter the Commission's current regulations that authorize the testing of boxers for communicable diseases to require such testing no more than 6 months prior to the date of the application for licensure. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501, authorize the Commission to promulgate regulations implementing changes to the health and safety rules as recommended by the Medical Advisory Board. Greg Sirb
(717) 787-5720
State Board of Barber Examiners Student Records and Curriculum
49 Pa. Code,
Chapter 3 (16A-427)
Spring 2007, as Proposed This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b). Hilarene Staller
(717) 783-3402
State Board of Certified Real Estate Appraisers
General Revisions
49 Pa. Code,
Chapter 36. (16A-7014)
Spring 2007, as Final. 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. Michelle Smey
(717) 783-4866
State Board of Chiropractic Chiropractic specialties
49 Pa. Code Ch. 5 (16A-4312)
 
 
Patient records
49 Pa. Code § 5.51 (16A-4313)
 
 
Reactivation Competency Requirements
49 Pa. Code § 5.17 (16A-4314)
 
 
 
Volunteer license
49 Pa. Code § 5.20 (number not yet assigned)
Spring 2007, as Proposed.
 
 
 
 
 
 
Spring 2007, as Final.
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
 
Spring 2007, as Final (Proposed-omitted).
The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. 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).
 
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).
 
This regulation will update the Board's requirement that a licensee whose license has been inactive for more than 5 years demonstrate current competence in order to reactivate the licensee's license. Statutory Authority: Sections 302(3) and 501(b) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.501(b).
 
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.
Deborah Smith
(717) 783-7155
Corporation Bureau UCC Revised Article 9 (16-35) Spring 2007, as Proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526. Martha Brown
(717) 787-6802
State Board of Cosmetology
General Revisions
49 Pa. Code
Chapter 7 (16A-4514)
Spring 2007, as Proposed. This regulation would implement the omnibus amendments to the Beauty Culture Law provided by Act 99 of 2006. Statutory authority: Section 16 of Act 99 requires the Board to promulgate regulations within 18 months of its effective date (September 5, 2006). Hilarene Staller
(717) 783-7130
State Board of Dentistry EFDA Program Approval
49 Pa. Code,
Chapter 33 (16A-4616)
 
Dental Hygienists Scope of Practice/Local Anesthesia
49 Pa. Code,
Chapter 33 (16A- 4617)
 
 
Sexual Misconduct
49 Pa. Code,
Chapter 33 (16A-4618)
 
 
Volunteer license
49 Pa. Code § 33.110 (number not yet assigned)
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
 
 
Spring 2007, as Final.
 
 
 
 
Spring 2007, as Final (Proposed-omitted).
This regulation is intended to establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).
 
 
This regulation is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices and 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).
 
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).
 
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).
Lisa Burns
(717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists
General Revision
49 Pa. Code,
Chapter 37
(number not yet assigned)
Spring 2007, as Proposed. The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151. Terrie Kocher
(717) 783-7049
State Board of Funeral Directors Forms Review
49 Pa. Code §§ 13.204 and 13.244 (16A-4813)
 
Professional Misconduct
49 Pa. Code §§ 13.201, 13.202. (16A-4814)
 
Preneed Funeral Arrangements
49 Pa. Code,
Chapter 13 (16A-4815)
 
 
Preneed Activities of Unlicensed Employee 49 Pa. Code, Chapter 13 (16A-4816)
 
 
 
Renewal Fee
49 Pa. Code § 13.12 (16A-4817)
 
 
General Revisions
49 Pa. Code,
Chap. 13 (number not yet assigned)
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Final.
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
Spring 2007, 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).
 
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).
 
 
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).
 
The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).
 
The proposed rulemaking would increase the biennial renewal fee for licensed funeral directors. Statutory Authority: Section 18.1 of the Funeral Director Law, 63 P. S. § 479.18.1.
 
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).
Michelle Smey
(717) 783-3397
State Board of Medicine Athletic Trainers
49 Pa. Code, Chap.
16 (16A-4915)
 
 
Acupuncture Registration
49 Pa. Code,
Chapter 18, §§ 18.11--18.19 (16A-4919)
 
Qualifications of Expert Witnesses
49 Pa. Code § 16.52 (16A-4923)
 
 
 
Volunteer License
49 Pa. Code § 16.18 (number not yet assigned)
Spring 2007, as Final.
 
 
 
 
 
Spring 2007, as Final.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Final (Proposed-omitted).
This joint regulation would implement Act 92 and 93 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (formerly regulated by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001 and Section 3 of Act 93 of 2001.
 
This regulation will amend the Board's existing regulations so that they comport with recent amendments to the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.
 
 
This proposed regulation will adopt the criteria for qualification as an expert established by section 512 of the Mcare Act for all proceedings before the Board. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.
 
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.
Tammy Radel
(717) 783-1400
State Board of Nursing LPN/IV Therapy
49 Pa. Code § 21.145 (16A-5122)
 
RN and LPN Program Examination Pass Rates
49 Pa. Code,
Chapter 21 (16A-5123)
 
 
 
 
 
 
CRNP General Revisions
49 Pa. Code,
Chapter 21, Subchapter C (16A-5124)
 
 
 
 
Fees for CRNP Continuing Education Course Approval
49 Pa. Code,
Chapter 21 (16A-5128)
 
Nursing Programs and Faculty Requirements
49 Pa. Code,
Chapter 21 (16A-5129)
 
Continuing Education for RNs
49 Pa. Code,
Chapter 21 (16A-5130)
Spring 2007, as Proposed
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.
 
This 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.
 
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.
 
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).
 
 
This regulation updates the Board's regulations relating to nursing education programs as part of a systematic review of the professional nursing regulations undertaken by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
 
The proposed regulation is required to implement the continuing education requirements mandated by Act 58 of 2006. Statutory authority: Section 12 of the Professional Nursing Law, 63 P. S. § 222.
Ann Steffanic
(717) 783-7142
State Board of Nursing Administration of Conscious Sedation Medications
49 Pa. Code,
Chapter 21 (number not yet assigned)
 
Volunteer License
49 Pa. Code,
Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)
Spring 2007, as Proposed.
 
 
 
 
 
 
 
Spring 2007, as Final (Proposed-omitted).
The proposed regulation would provide standards for registered nurses in the administration of conscious sedation medications. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
 
 
 
 
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).
Ann Steffanic
(717) 783-7142
State Board of Examiners of Nursing Home Administrators Administrator-In
Training
49 Pa. Code,
Chapter 39 (16A-627)
Spring 2007, as Proposed. This regulation would create an alternative method for obtaining experience and training prior to admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). Chris Stuckey
(717) 783-7155
State Board of Occupational Therapy Education and Licensure Orders
49 Pa. Code § 42.25 (16A-676)
Spring 2007, as Final. This regulation would 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). Chris Stuckey
(717) 783-1389
State Board of Optometry Volunteer License
49 Pa. Code § 23.26 (number not yet assigned)
Spring 2007, as Final (Proposed-omitted). 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 Athletic Trainers
49 Pa. Code,
Chap. 16 (16A-4915)
 
 
Physician Assistant Prescriptive Authority 49 Pa. Code,
Chapter 25 (16A-5318)
 
 
 
Volunteer License
49 Pa. Code,
Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)
Spring 2007, as Final
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
 
Spring 2007, as Final (Proposed-omitted).
This joint regulation would implement Act 92 and 93 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (formerly regulated by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001 and Section 3 of Act 93 of 2001.
 
This joint rulemaking (with the Pharmacy Board) sets forth the requirements for physician assistants with regard to prescriptive authority under the direction of a licensed physician. Statutory Authority: Section 10(p) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10(p).
 
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 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.
Gina Bittner
(717) 783-4858
State Board of Pharmacy Supplies and Equipment
49 Pa. Code,
Chapter 27 (16A-5415)
 
 
General Revisions
49 Pa. Code,
Chapter 27 (16A-5416)
 
 
 
Continuing Education 49 Pa. Code § 27.32 (16A-5417)
 
 
Syringes and Needles 49 Pa. Code,
Chapter 27 (16A-5418)
 
 
 
Pharmacist Breaks
49 Pa. Code,
Chapter 27 (16A-5419)
Spring 2007, as Proposed.
 
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
The regulation would amend existing regulations pertaining to supplies and equipment to eliminate a specific list of supplies and allow pharmacies to keep on hand supplies specific to the pharmacy's area of practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).
 
The proposed regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).
 
The proposed regulation would clarify the Board's continuing education requirements. Statutory Authority: Section 3.1 of the Pharmacy Act, 63 P. S. § 390-3.1.
 
This regulation would amend existing regulations to eliminate the requirement for a prescription prior to dispensing needles and syringes by a pharmacist. Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9).
 
This regulation would permit a sole pharmacist on duty to take up to a 30-minute break while the pharmacy remains open. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1) and (9).
Melanie Zimmerman
(717) 783-7156
State Board of Physical Therapy Biennial Renewal Fees
49 Pa. Code § 40.5 (16A-6511)
Spring 2007, as Final. This regulation would increase the biennial renewal fees for physical therapists, physical therapy assistants and certificate holders. Statutory Authority: Section 8(b) of the Physical Therapy Practice Act, 63 P. S. § 1308(b). J. Robert Kline
(717) 783-7134
State Board of Podiatry
Certificate of Authority to Perform Acupuncture
49 Pa. Code,
Chapter 29 (16A-449)
 
Volunteer License
49 Pa. Code § 29.55 (number not yet assigned)
Spring 2007, as Proposed.
 
 
 
 
 
 
Spring 2007, as Final (Proposed-Omitted).
This regulation is required to establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.
 
 
 
This regulation 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 15 of the Podiatry Practice Act, 63 P. S. § 42.15.
Gina Bittner
(717) 783-4858
State Board of Psychology Qualifications
49 Pa. Code,
Chapter 41 (16A-6315)
 
Continuing Education 49 Pa. Code § 41.59 (16A-6317)
 
 
 
Code of Ethics
49 Pa. Code § 41.61 (16A-6318)
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
Spring 2007, as Proposed
This regulation amends education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2).
 
This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.
 
This regulation would update the Board's Code of Ethics so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).
Chris Stuckey
(717) 783-7155
State Real Estate Commission Seller's Property Disclosure Statement
49 Pa. Code§ 33.335a (16A-5611)
 
Education
49 Pa. Code § 35.384, 35.385. (16A-5613)
 
 
 
 
 
Consumer Notice
49 Pa. Code § 35.336 (16A-5614)
 
 
Partial Fees
49 Pa. Code,
Chapter 35 (16A-5615)
 
 
Commercial Property Exclusion
49 Pa. Code § 35.336 (16A-5617)
 
Spring 2007, as Proposed.
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
 
 
 
Spring 2007, as Proposed.
 
 
 
Spring 2007, as Proposed.
 
 
 
 
Spring 2007, as Final (Proposed-omitted).
This regulation adopts a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law, 63 P. S. § 7304(a).
 
 
The Proposed Regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.
 
This regulation would shorten and simplify the Consumer Notice mandated by section 608 of the Real Estate Licensing and Registration Act. Statutory Authority: 63 P. S. § 455.608.
 
The proposed regulation would eliminate the partial fees charged to licensees who apply mid-biennium. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.
 
This regulation would incorporate the exemption from the consumer notice requirement for commercial property transactions involving entities as set forth in Act 125 of 2006. Statutory Authority: Section 608 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.608, as amended by Act 125 of 2006.
Patricia Ridley
(717) 783-3658

[Continued on next Web Page]



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.