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Regulatory Agenda

[48 Pa.B. 4729]
[Saturday, August 4, 2018]

 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 July 13, 2018. 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 Considered Proposed Date
of Promulgation
Need and Legal Basis for
Action
Agency Contact
Department of Aging
No regulations being developed or considered at this time.
Department of Agriculture
Agriculture Conservation Easement Purchase Program Regulations
7 Pa. Code Chapter 138e
(# 2-192)
September 2018, as Proposed This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
Pennsylvania Preferred Program Regulations
7 Pa. Code Chapter 107
September 2018, as Proposed This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611). Laura England
(717) 783-8462
Pennsylvania Vegetable Marketing Program
7 Pa. Code Chapter 104
(# 2-185)
October 2018, as Final This regulation will update and simplify the process by which the Pennsylvania Vegetable Marketing Program collects ''producer charges'' to fund its marketing and research efforts from participating Pennsylvania vegetable producers. William Troxell
(717) 694-3596
Rabies Prevention and Control
7 Pa. Code Chapter 16
(# 2-188)
September 2018, as Proposed The regulation will update current regulations to reflect statutory changes and otherwise update the current regulations. Nanette Hanshaw, DVM
(717) 783-6677
Weights, Measures and Standards
7 Pa. Code Chapter 9
(# 2-187)
October 2018, as Final The regulation will rescind outdated paperwork requirements relating to the issuance of weighmaster certificates. Walt Remmert
(717) 787-6772
Milk Sanitation
7 Pa. Code Chapter 59a
(# 2-191)
September 2018, as Proposed The regulation will allow PA raw milk cheese producers to produce any raw (unpasteurized) milk cheese where: (1) there is a Federal standard of identity for that cheese; and (2) the standard of identity allows for the production of the standardized cheese from raw milk. Lydia Johnson
(717) 787-4315
Department of Banking and Securities (DOBS)
No regulations being developed or considered at this time.
Department of Community and Economic Development (DCED)
Local Earned Income Tax—
Act 32 of 2008 Regulations
12 Pa. Code Chapter 151
(# 4-97)
Summer 2018, as Final The final regulation interprets and makes specific the provisions of the Local Tax Enabling Act, as provided in Chapter 5 of the act (53 P.S. §§ 6924.501 et seq.). The final regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth. Lori Irwin
(717) 720-7311
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants
17 Pa. Code Chapter 45
(# 7B-8)
Summer 2018, as Final The purpose of the rulemaking is to update the department's listing of Pennsylvania's classified plant species. The legal basis for the rulemaking is: Section 7 of the Wild Resource Conservation Act (32 P.S. § 5307); as well as Sections 305 and 313 of the Conservation and Natural Resources Act (71 P.S. §§ 1340.305, 1340.313). Ellen Shultzabarger
(717) 214-3818
Stephen Ekema-Agbaw, Esq.
(717) 772-4171
Snowmobile and All-Terrain Vehicle Grants
17 Pa. Code Chapter 53
(# 7B-9)
Summer 2018, as Final The purpose of this rulemaking is to comply with the Act of July 20, 2016, P.L. 837, No. 97, codified in 75 Pa.C.S. § 7706(b.1) of the Vehicle Code, which mandates this rulemaking. The Act instructs the Dept. to promulgate regulations implementing a grant program using funds from the snowmobile and ATV management restricted accounts, created by the Act. Alex MacDonald
(717) 772-4586
Stephen Ekema-Agbaw, Esq.
(717) 772-4171
Department of Corrections (DOC)
Purchase for Inmates by Family and Friends
37 Pa. Code § 93.4
Fall 2018, as Proposed Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards. Tracey Tubbs
(717) 728-7763
Motivational Boot Camps
37 Pa. Code §§ 93.301—93.308
Fall 2018, as Proposed The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates. Tracey Tubbs
(717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Standards for Licensure of Treatment Facilities
28 Pa. Code Chapter 709
(# 74-3)
Summer 2018, as Proposed The regulation will be revised to enlarge the amount of time between inspections for the free standing drug and alcohol facilities that, for the last two years, have not had any citations in four critical areas (conduct or omissions that jeopardized the safety of any persons, compromised the quality of treatment provided, violated a client's confidentiality rights or resulted in treatment being provided without informed consent) and have reasonably and timely taken any remedial measure requested by the Department. Act 50 of 2010 authorizes DDAP to modify existing drug and alcohol regulations. Derrick Pelletier
(717) 547-3323
Recovery Home Regulations
28 Pa. Code Chapter _ (new)
Winter 2018, as Proposed Act 59 of 2017 directs DDAP to establish regulations for recovery houses that receive public funds or referrals. Recovery homes provide support to those suffering from addiction subsequent to leaving inpatient treatment or correctional facilities. Derrick Pelletier
(717) 547-3323
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
Summer 2018, as Proposed These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P.S. §§ 6701 et. seq.). Matthew Stem
(717) 787-2127
Standards for Approved Private Schools
22 Pa. Code Chapter 171, Subchapters A and C
Winter 2018, as Proposed These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376 and 1376.1 of the Public School Code of 1949, 24 P.S. §§ 13-1376 and 1376.1. Alaina Koltash
(717) 787-5500
Professional Standards and Practices Commission
22 Pa. Code Chapter 235
Spring 2019, as Proposed This chapter sets forth the standards for professional practice and conduct applicable to educators. The Commission plans to update this chapter to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. §§ 2070.1a et seq.) and to expound the obligations educators owe to students, colleagues and the profession, with an emphasis on appropriate student-teacher boundaries, electronic communications with students and role model responsibilities. The regulation is promulgated under the authority of sections 5(a)(10) and 5(a)(14) of the Educator Discipline Act (24 P.S. § 2070.5(a)(10) and § 2070.5(a)(14)). Shane Crosby
(717) 787-6576
Department of Education Winter 2018, as Proposed These regulations will address the possession and use of medical marijuana by students and employees on the grounds of a preschool, primary school and a secondary school. These regulations are promulgated under authority of the Medical Marijuana Act (2016 Pa. Laws 16). Wallace Rejrat
(717) 787-5500
Department of Education Winter 2018, as Final This regulation will establish the permanent fees for institutions of higher education to participate in the state authorization reciprocity agreement. These regulations are promulgated under authority granted by the Act 35 of 2016 (24 P.S. § 1-124(b)). Patricia Landis
(717) 783-8228
Regulations of the State Board of Private Licensed Schools
22 Pa. Code Chapter 73
Winter 2018, as Proposed These regulations define the requirements for obtaining and maintaining licensure as a Private Licensed School. The Board is currently in the process of updating the regulations and establishing outcomes benchmarks. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P.S. §§ 6501 et. seq.). Patricia Landis
(717) 783-8228
Regulations of Special Education Services and Programs
22 Pa. Code Chapter 14
Summer 2018, 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 ''intellectual disability'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 502, 1372, 26-2603-B, of the Public School Code of 1949, as amended, 24 P.S. Sections 5-502, 13-1372, 26-2603-B. Sections 875-101 through 875-503 of the Early Intervention Services System Act, as amended, 11 P.S. Sections 875-101 through 875-503. Karen Molchanow
(717) 787-3787
State Board of Education
22 Pa. Code Chapter 10
Fall 2018, for review and discussion These regulations establish requirements for memorandums of understanding between school entities and local law enforcement and also include a model memorandum of understanding for voluntary use by school entities. The model memorandum of understanding is to be reviewed and revised, as necessary, on a biennial basis. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P.S. §§ 1302.1-A and 2603-B. Karen Molchanow
(717) 787-3787
State Board of Education
22 Pa. Code Chapter 16
Fall 2018, for review and discussion These regulations establish requirements for public school districts of the Commonwealth regarding the identification of gifted education students and the delivery of gifted education services. The regulations will be opened for a periodically-required review. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P.S. § 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
Summer 2018, 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 ''intellectual disability'' 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. Ann Hinkson-Herrmann
(717) 783-6134
State Board of Education
22 Pa. Code Chapter 49
Fall 2018, as Draft Proposed These regulations establish requirements for certification of professional personnel employed in the public schools of the Commonwealth. The regulations will be open for a periodically-required major review. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P.S. § 2603-B. Karen Molchanow
(717) 787-3787
Regulations of the State Library and Advisory Council on Library Development
22 Pa. Code Chapters 131, 133, 135, 137, 141, 142 and 143
Winter 2018, as Proposed The Department will be promulgating regulations under the authority of the Public Library Code of 2012, Act 210 of 2012, P.L. 2411. The Department plans to update the regulations (promulgated in 1962) in 2018. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, library traineeships, use of the state library, grants for public library facilities, and state document depositories. Jonelle Darr
(717) 783-5725
Environmental Hearing Board (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021
(# 106-13)
Fall/Winter 2018, as Proposed; and Summer 2019, as Final This proposed rulemaking will make minor revisions to the Board's rules in the following categories: mediation; motions for admission pro hac vice; the inclusion of a table of contents in briefs exceeding 30 pages; and implement other minor corrections to the rules. Maryanne Wesdock,
Senior Assistant Counsel
(412) 565-5245
Department of Environmental Protection (DEP)
Federal Office of Surface Mining (OSM) Program Consistency Updates
25 Pa. Code Chapters 86, 89 and 90
(# 7-532)
Quarter 3, 2018, Publication, as Proposed This rulemaking proposes to amend Chapter 86 in order to comply with Federal regulatory requirements; to revise (Chapter 89) effluent limits for passive treatment systems to comply with Federal regulations, and to update (Chapter 90) coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. (Surface Mining Conservation and Reclamation Act) Bill Allen
(717) 783-9580
wallen@pa.gov
Noncoal Mining Program Fee Amendments
25 Pa. Code Chapter 77
(# 7-523)
Quarter 3, 2018, EQB Consideration, as Final This rulemaking increases fees in order to provide the funding for the Noncoal Mining Program, which implements the Noncoal Surface Mining and Conservation and Reclamation Act (NSMCRA). The rulemaking provides more revenue in order to implement the NSMCRA, which requires operators to apply for and maintain active permits and licenses to mine noncoal minerals in Pennsylvania. In administering the noncoal mining program, DEP reviews and issues permits and conducts inspections to assure compliance with the permits and performance standards. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law) Bill Allen
(717) 783-9580
wallen@pa.gov
Water Supply Replacement
25 Pa. Code Chapters 87 and 88
(# 7-545)
Quarter 4, 2018, EQB Consideration, as Proposed This rulemaking includes revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. (Surface Mining Conservation and Reclamation Act) Sharon Hill
(717) 787-6842
shill@pa.gov
Unconventional Well Permit Application Fees
25 Pa. Code Chapter 78a
(# 7-542)
Quarter 3, 2018, Publication, as Proposed This rulemaking proposes amendments to 25 Pa. Code §§ 78a.1 (relating to definitions and 78a.19 (relating to permit application fee schedule). These amendments are necessary to increase fees to support the administration of 58 Pa.C.S. Chapter 32 (related to development) (2012 Oil and Gas Act) by the DEP's Office of Oil and Gas Management. The proposed rulemaking increases the current well permit application fees from $5,000 for nonvertical unconventional wells and $4,200 for vertical unconventional wells, to $12,500 for all unconventional well permit applications to administer the 2012 Oil and Gas Act. (2012 Oil and Gas Act) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Environmental Protection Performance Standards for Conventional Oil and Gas Operators
25 Pa. Code Chapter 78
(# 7-539)
Quarter 1, 2019, 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
Safe Drinking Water General Update and Fee Amendments
25 Pa. Code Chapter 109
(# 7-521)
Quarter 3, 2018, Publication, as Final This rulemaking strengthens turbidity standards for surface water filtration plants, updates and clarifies permitting requirements for new sources, and clarifies source water protection requirements and other sections of Chapter 109. This rulemaking also establishes new annual fees and increases permit fees to supplement state costs for administering the Safe Drinking Water Program. (Pennsylvania Safe Drinking Water Act) Ed Chescattie
(717) 772-2184
echescatti@pa.gov
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—
Statement of Policy
25 Pa. Code Chapters 93 and 16
(# 7-534)
Quarter 1, 2019, EQB Consideration, as Final 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 Section 131.20) Tom Barron
(717) 787-9637
tbarron@pa.gov
Water Quality Management Fee Amendments and NPDES Program Fee Amendments
25 Pa. Code Chapters 91 and 92a
(# 7-533)
Quarter 3, 2018, EQB Consideration, as Proposed This rulemaking proposes to amend fees related to water quality management permitting (Chapter 91) and proposes to amend the fee schedule for NPDES permit applications (Chapter 92a). Chapter 91 establishes, among other things, a water quality management (WQM) permitting program for the construction of sewage and industrial waste treatment facilities and for land application of sewage and industrial wastes. DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters. In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits. A fee analysis that DEP presented to the EQB in 2014 highlighted that, despite the fee increase in 2010, revenue continues to fall short of expenses, impeding the work of Programs to carry out necessary tasks for protecting water resources in the Commonwealth. (Pennsylvania Clean Streams Law) Sean Furjanic
(717) 787-2137
sefurjanic@pa.gov
Administration of the Storage Tank and Spill Prevention Program
25 Pa. Code Chapter 245
(# 7-530)
Quarter 3, 2018, EQB Consideration, as Final This rulemaking amends Chapter 245 to strengthen the underground storage tank (UST) requirements by increasing the emphasis on properly operating and maintaining equipment. Currently, UST owners and operators are required to have spill prevention, overfill prevention, and release detection equipment in place, but are not required to periodically verify the functionality of some of that equipment. The amendments included in this rulemaking are expected to result in improvements in the routine operation, maintenance and monitoring of underground storage tanks. This will help to further reduce the number of releases from underground storage tanks and, in turn, protect public health and the environment. Upon promulgation, the final-form regulation will be submitted to the EPA as part of the reapplication for State Program Approval (SPA). The final-form regulation is necessary for DEP to re-apply for SPA and to continue to receive Federal grant funds. (Storage Tank and Spill Prevention Act) Kris Shiffer
(717) 772-5809
kshiffer@pa.gov
Radiological Health
25 Pa. Code Chapters 215—221, 223—228, 230, 232 and 240
(# 7-499)
Quarter 3, 2018, IRRC Consideration This rulemaking proposes to amend Chapters 215—240 to update Computed Tomography and Fluoroscopic regulations; to address new X-ray technology that is not addressed in current regulations; and to include comprehensive updates to the radon regulations to incorporate procedures and protocols that are not addressed in the current regulations. Additional items of clarification are 45-day reporting and application requirements, specifying the number of mitigation firm employees, and numerous changes and additions to the definitions section. (Radiation Protection Act and Radon Certification Act) John Chippo
(717) 787-2480
jchippo@pa.gov
Control of VOC Emissions from Industrial Cleaning Solvents; General Provisions; Aerospace Manufacturing and Rework; and Additional RACT Requirements for Major Sources of NOx and VOCs
25 Pa. Code Chapter 129
(# 7-492)
Quarter 3, 2018, Publication, as Final This rulemaking amends Chapter 129 to adopt requirements to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in Chapter 129 or Chapter 130 to meet the Clean Air Act requirements to implement ''reasonably available control measures,'' including implementation of ''reasonably available control technology'' (RACT) requirements, for ozone nonattainment areas. The emission limitations and work practice standards are consistent with the recommendations of the EPA included in the Control Techniques Guidelines for industrial cleaning solvents. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan (SIP). (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Air Quality Fee Schedule Amendments
25 Pa. Code Chapters 127 and 139
(# 7-536)
Quarter 4, 2018, EQB Consideration, as Proposed This rulemaking proposes to revise existing requirements and fee schedules codified in Chapter 127, Subchapter I to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control Act (35 P.S. § 4006.3(a)). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the SIP or the Title V Program Approval, as appropriate. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of Emissions from the Oil and Natural Gas Industry
25 Pa. Code Chapter 129
(# 7-544)
Quarter 1, 2019, EQB Consideration, as Proposed This rulemaking proposes to establish emission limitations and other requirements codified in 25 Pa. Code Chapter 129 consistent with reasonably available control technology (RACT). The proposed rulemaking would establish RACT requirements for volatile organic compounds and other pollutants from existing oil and natural gas production facilities, compressor stations, processing plants, and transmission stations. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Water Quality Standard for Manganese
25 Pa. Code Chapters 93 and 96
(# 7-553)
Quarter 2, 2019, EQB Consideration, as Proposed This rulemaking will propose to address a provision included in Act 40 of 2017. (Administrative Code of 1929, Pennsylvania Clean Streams Law, Federal Clean Water Act) Tom Barron
(717) 787-9637
tbarron@pa.gov
Water Quality Standards—Class A Stream Redesignations
25 Pa. Code Chapter 93
(# 7-548)
Quarter 3, 2018, EQB Consideration, as Proposed The proposed regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC). In this rulemaking, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth to ensure that the HQ criteria were met. 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. (Section 303(c)(1) of the Federal Clean Water Act) Tom Barron
(717) 787-9637
tbarron@pa.gov
Administration of the Land Recycling Program
25 Pa. Code Chapter 250
(# 7-552)
Quarter 1, 2019, 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. The regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. Additional changes to the regulations may be needed to clarify regulatory language, update outdated information, and to make other corrections. 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) Troy Conrad
(717) 783-9480
tconrad@pa.gov
Revision of Sulfur Limits in No. 2 and Lighter Commercial Fuel Oil
25 Pa. Code § 123.22
(# 7-546)
Quarter 4, 2018, EQB Consideration, as Proposed This rulemaking proposes to amend 25 Pa. Code § 123.22 to reduce the maximum allowable sulfur content in No. 2 and lighter commercial fuel oil, sold for and used in combustion units, from the current limit of 500 parts per million (ppm) of sulfur to 15 ppm. The rulemaking would require No. 2 fuel oil offered for sale, delivered for use, exchanged in trade or used in Pennsylvania to meet the new sulfur limit. Emissions of sulfur dioxide contribute to the formation of regional haze, which degrades visibility in urban and rural areas and contributes to fine particulate matter. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
U.S. Nuclear Regulatory Commission (NRC) Consistency Rule
25. Pa. Code Chapters 215, 217, 230 and 232
(# 7-550)
Quarter 3, 2018, IRRC Consideration This rulemaking amends Chapters 215, 217, 230 and 232 to exclude specific provisions of Title 10, Chapter I (relating to Nuclear Regulatory Commission) of the Code of Federal Regulations (CFR) from incorporation-by-reference in these chapters. The Commonwealth and the NRC entered into an agreement in 2008 in which the Commonwealth agreed to oversee and regulate most types of radioactive materials used in Pennsylvania. As part of that agreement, the Commonwealth's radioactive materials program must remain compatible with NRC's radioactive materials program. The Commonwealth meets this requirement by incorporating the appropriate NRC regulations by reference. The NRC recently identified provisions of 10 CFR that should be excluded from the Commonwealth's incorporation-by-reference. (Radiation Protection Act) John Chippo
(717) 787-2480
jchippo@pa.gov
Electronic Submission of Air Quality General Plan Approval and General Operating Permit Applications
25 Pa. Code Chapter 127
(# 7-549)
Quarter 3, 2018, EQB Consideration, as Final-Omitted This final-omitted rulemaking amends 25 Pa. Code § 127.621(b) (relating to application for use of general plan approvals and general operating permits) to add the option of electronic means as authorized by the Department for delivery of applications for air quality general plan approvals (GPA) and general operating permits (GP). (Clean Air Act, Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Additional Requirements for Control of Fine Particulate Matter in the Nonattainment New Source Review Program
25 Pa. Code Chapters 121 and 127
(# 7-551)
Quarter 4, 2018, EQB Consideration, as Proposed This proposed rulemaking would amend Chapter 127, Subchapter E to incorporate Federal requirements issued by the EPA on August 26, 2016, for the regulation of precursor emissions to the formation of particulate matter less than and equal to 2.5 micrometers in diameter (PM2.5). The EPA's final rule requires states with nonattainment areas for PM2.5 to amend their new source review (NSR) regulations to include emissions of volatile organic compounds (VOC) and ammonia as PM2.5 precursors. See 81 FR 58010. The proposed amendments would limit the emissions of VOC and ammonia as PM2.5 precursors for new major sources or major sources being modified in certain counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. This proposed rulemaking would also add PM2.5 significant impact levels (SIL) to conform with the EPA guidance for SILs published on April 17, 2018. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage II)
25 Pa. Code § 129.82
(# 7-525)
Quarter 4, 2018, EQB Consideration, as Proposed This rulemaking proposes to remove the requirement to install new Stage II vapor recovery systems and establish procedures for the decommissioning of existing Stage II vapor recovery systems. Stage II systems that are not decommissioned will be required to still comply with existing Stage II regulatory maintenance requirements. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Department of General Services (DGS)
Contract Compliance—
Prequalification of Vendors and Nonconstruction Contractors
4 Pa. Code Chapter 68, Subchapter A
(# 8-24)
Winter 2018, as Proposed These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Mary Fox
(717) 787-6789
Ed Olivieri
(717) 783-3280
Surplus State Property
4 Pa. Code Chapters 41, 43, 45 and 47
(# 8-26)
Winter 2018, as Proposed These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code. Ken Hess
(717) 787-4352
Mary Fox
(717) 787-6789
Pamela Cross
(717) 214-7739
State Metrology Laboratory Fee Schedule
70 Pa. Code Chapter 110
(# 8-27)
Winter 2018, as Proposed These regulations will increase the fees charged by the State Metrology Laboratory and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges. Ken Hess
(717) 787-4352
Mary Fox
(717) 787-6789
Commonwealth Buildings
4 Pa. Code Chapters 85, 86 and 87
(# 8-28)
Winter 2018, as Proposed These regulations (Chapters 85 and 87) and statement of policy (Chapter 86) will be amended to update the procedures for the public to request use of the public areas of the Capitol Complex and the Forum auditorium. Matthew Bembenick
(717) 787-5996
Shawn E. Smith
(717) 787-5599
Mary Fox
(717) 787-6789
Joseph Gavazzi
(717) 346-9781
Department of Health (DOH)
Health Facilities and Hospitals
28 Pa. Code Chapters 51 and 101—158
February 2019, as Proposed The Secretary of Health created a task force of hospital industry representatives to review the current hospital regulations and provide recommendations to improve the quality of care in hospitals across the state. The hospital regulations will be updated to reflect those recommendations. Tanya Leshko
(717) 783-2500
Nancy Lescavage
(717) 233-4252
Ann Chronister
(717) 787-8015
Long Term Care Facilities
28 Pa. Code Chapters 201—211
February 2019, as Proposed Pennsylvania's long-term care facility licensure regulations were last updated in 1999. Since that time, the clinical complexity of nursing home residents has changed substantially. The Nursing Home Quality Improvement Task Force was commissioned by the Secretary of Health to make recommendations for revisions to the regulations. The long-term care facility regulations will be updated to reflect those recommendations. Karin Simpson
(717) 783-2500
Nancy Lescavage
(717) 233-4252
Ann Chronister
(717) 787-8015
Medical Marijuana Research
28 Pa. Code Chapter 1210
August 2018, as Temporary Regulations Act 43 of 2018 was enacted on June 22, 2018, amending Chapter 20 of the Medical Marijuana Act, pertaining to Academic Clinical Research Centers and directing the Department to publish temporary regulations within 90 days. Carol Mowery
(717) 783-2500
John Collins
(717) 547-3047
Lawrence Clark
(717) 547-3058
Communicable and Noncommunicable Diseases, specific to HIV CD4 Counts and Viral Load Results
28 Pa. Code Chapter 27
November 2018, as Proposed Revise the details of the reportable disease regulations (Chapter 27) to include reporting of all HIV CD4 counts and viral load results by providers and laboratories to provide improved surveillance, detection and treatment of HIV disease and is in line with national standards. Yvette Kostelac
(717) 783-2500
Raphael Barishansky
(717) 772-5025
Godwin Obiri
(717) 547-3499
Communicable and Noncommunicable Diseases
28 Pa. Code Chapter 27
February 2019, as Proposed Revise the listing and details associated with the reportable disease regulations (Chapter 27) to include additional and emerging diseases, new laboratory tests, and changes to exclusion policies for individuals with evidence of disease. Changes will allow for alignment with national standards and improve disease surveillance, investigation and response efforts. Neil Hittinger
(717) 783-2500
Raphael Barishansky
(717) 772-5025
Sharon Watkins
(717) 547-3517
Communicable and Noncommunicable Diseases
28 Pa. Code Chapter 27
February 2019, as Proposed Revise the details of the reportable disease regulations (Chapter 27) to include reporting of Neonatal Abstinence Syndrome and overdoses. Neil Hittinger
(717) 783-2500
Raphael Barishansky
(717) 772-5025
Sharon Watkins
(717) 547-3517
Department of Human Services (DHS)
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics
55 Pa. Code Chapters 1153 and 5200
(# 14-538)
October 2018, as Final These amendments will update the current regulations to align outpatient psychiatric services with current industry standards and parity requirements and will include provisions for mobile mental health treatment. Caitlin Palmer
(717) 772-4141
Psychiatric Rehabilitation Services
55 Pa. Code Chapter 5231
December 2018, as Proposed This regulation will amend psychiatric rehabilitation services for individuals 14 years of age and older with serious mental health conditions to support the transition to adulthood, implement an initiative to improve coordination between the child and adult mental health care systems, and amend outdated language throughout. Caitlin Palmer
(717) 772-4141
Intensive Behavioral Health Services
55 Pa. Code Chapters 1155 and 5270
(# 14-546)
August 2018, as Proposed This regulation will govern the provision of the array of in-home and community-based behavioral health rehabilitation services for children, including services for children with autism spectrum disorder. Caitlin Palmer
(717) 772-4141
Subsidized Child Care Eligibility
55 Pa. Code Chapters 3041 and 3042
October 2018, as Proposed This regulation will rescind Chapter 3041 and replace it with Chapter 3042 to add requirements imposed by the 2014 Reauthorization of the Child Care Development Block Grant and amend other requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups. Caitlin Palmer
(717) 772-4141
Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes
55 Pa. Code Chapters 3270, 3280 and 3290
(# 14-542)
October 2018, as Proposed This regulation will add new requirements imposed by the 2014 Reauthorization of the Child Care Development Block Grant and other requirements, including employment, background checks, training, water safety training, and equipment. Caitlin Palmer
(717) 772-4141
Home and Community-Based Supports and Licensing
55 Pa. Code Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500
(# 14-540)
November 2018, as Final This regulation will rescind Chapter 51 and replace it with a new Chapter 6100, which will govern the program, operational and fiscal components of the Office of Developmental Programs' home and community-based waiver programs, State plan services, block grant and base-funded programs and will amend licensing requirements in chapters 2380, 2390, 6200, 6400 and 6500. Caitlin Palmer
(717) 772-4141
Definitions and Requirements
55 Pa. Code Chapters 123 and 133
September 2018, as Proposed This regulation will allow applicants for and recipients of Temporary Assistance to Needy Families (TANF) to fulfill requirements without a face-to-face interview. Caitlin Palmer
(717) 772-4141
Miscellaneous Changes for Nonpublic and County Nursing Facilities
55 Pa. Code Chapters 1187 and 1189
December 2018, as Proposed This regulation will amend Chapters 1187 and 1189: to establish the requirement for nursing facilities to subscribe to and monitor the Department's automated notification system; to align with the implementation of Pennsylvania's new managed care program, Community HealthChoices (CHC) and the Commonwealth's currently approved Medicaid State Plan; and to align Chapter 1187, Subchapter B with the new adult benefit package for individuals 21 years of age and older as announced in Medical Assistance Bulletin 99-15-05. Caitlin Palmer
(717) 772-4141
Medical Assistance Manual
55 Pa. Code Chapter 1101.51
September 2018, as Proposed 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. Caitlin Palmer
(717) 772-4141
Medical Marijuana in Facilities
55 Pa. Code Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600
November 2018, as Proposed This regulation will amend Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600 as directed by Section 2105 of Act 16 regarding possession and use of medical marijuana in child care centers or other social services centers. Caitlin Palmer
(717) 772-4141
Pennsylvania Insurance Department (PID)
Medicare Supplement
(NAIC Model Regulation update)
(# 11-256)
Fall 2018, as Final Amendments to Chapter 89 based upon NAIC Model amendments. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567
Privacy and Opt Out Notices for Financial Information
(NAIC Model Regulation update)
(# 11-257)
Summer 2018, as Proposed Amendments to Chapter 146a in accordance with NAIC model regulation
# 672 regarding requirements for annual privacy policy notices.
Bridget E. Burke
Regulatory Coordinator
(717) 787-2567
Health Insurance Reserves
(NAIC Model Regulation)
Spring 2019, as Proposed Amendments to Chapter 84a based upon NAIC Model amendments regarding actuarial reserving requirements. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567
Producer Licensing Modernization Regulatory Updates Spring 2019, 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. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567
Department of Labor and Industry (L&I)
Boiler and Unfired Pressure Vessel Regulations
Title 34, Part I, Chapter 3a
Bureau of Occupational and Industrial Safety
Spring 2019, as Proposed Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies. Matthew Kegg
(717) 783-6304
Flammable and Combustible Liquids
Title 34, Part I, Chapters 14 and 14a
Bureau of Occupational and Industrial Safety
Winter 2018, 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
Unemployment Compensation
Title 34, Chapter 101
Board of Review
Winter 2018, as Proposed Update regulation to reflect statutory and operational changes. Marsha Sajer
(717) 787-4186
Services for the Blind and Visually Impaired
Currently Title 55, Part IV, Adult Services Manual, Subpart D, Nonresidential Agencies, Facilities and Services, Chapter 2430, Business Enterprises Program, to be moved to Title 34
Winter 2019, 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. Joe Strechay
(717) 787-7312
Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeal Board,
Title 34, Part VII, Chapter 111,
Workers' Compensation Appeal Board
(# 12-105)
Summer 2018, as Proposed Modernize regulations to reflect judicial best practices in scheduling of oral argument after the parties file briefs and where the appellate issues so warrant. Steven Loux
(717) 783-7838
Minimum Wage
Title 34, Part 12, Chapter 231
Bureau of Labor Law Compliance
(# 12-106)
Fall 2018, as Proposed Revise regulations to update the executive, administrative and professional exemptions from the Minimum Wage Act of 1968. Bryan Smolock
(717) 787-0606
Uniform Construction Code Regulations
Title 34, Part I, Chapters 401 and 403
Bureau of Occupational and Industrial Safety
(# 12-107)
Fall 2018, as Proposed Update regulations based on the adoption of the 2015 ICC codes by the UCC Review and Advisory Council. Matthew Kegg
(717) 783-6304
Sign Language Interpreter and Transliterator State Registration Act, Act 57 of 2004 January 2019, as Proposed Update the regulations to ensure the protection of deaf consumers' rights and to increase the number of qualified interpreters in PA. Melissa Hawkins
(717) 783-4912
Uniform Construction Code Regulations
Title 34, Part I, Chapters 401, 403 and 405
Bureau of Occupational and Industrial Safety
Winter 2018, as Proposed Update regulations adopting the 2018 ICC accessibility provisions, as required by the PA Construction Code Act. Matthew Kegg
(717) 787-6304
Apprenticeship EEO Regulations
Title 34, Chapter 81
Equal Opportunity in Apprenticeship Programs
Winter 2018, as Proposed Update the PA apprenticeship regulations to align with new Federal EEO regulations. Eric Ramsay
(717) 787-6997
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations
43 Pa. Code Chapter 7
Fall/Winter 2018, 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
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 2018, as Proposed Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community. Sergeant Patrick Beaver
(717) 705-1749
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program
37 Pa. Code Chapter 421
Spring 2019, as Proposed The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114). Derin Myers
(717) 265-8466
Debra Sandifer
(717) 265-8517
Preliminary Provisions and Administrative Proceedings of the Commission on Crime and Delinquency
37 Pa. Code Chapters 401 and 407
Spring 2019, as Proposed The Commission on Crime and Delinquency plans to amend the regulations at 37 Pa. Code Chapter 401 (relating to Preliminary Provisions) and 407 (relating to Administrative Proceedings) pursuant to Section 3(12) of the Act of Nov. 22, 1978 (P.L. 1166, No. 274). Derin Myers
(717) 265-8466
Debra Sandifer
(717) 265-8517
Pennsylvania Emergency Management Agency (PEMA)
Act 187 of 2014 Fall 2018, as Proposed Act 187 of 2014 established the Public Disaster Assistance Grant Program within the Pennsylvania Emergency Management Agency provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority. The Pennsylvania Emergency Management Agency is directed to Promulgate any regulations necessary to implement and administer the program which include: (i) Development of additional procedures or requirements for the submission of grant applications; (ii) Development of procedures to verify adjusted loss; (iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority; and (iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community. Stephen Bekanich
(717) 651-2146
Westburn Majors
(717) 651-2728
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Infrastructure Investment Authority (PENNVEST) Assistance and Clean Water State Revolving Fund
25 Pa. Code §§ 963.1—963.20,
including inter alia:
963.12(a)(7)
963.13(c)
963.15(a)
963(15)(c)
963(16)
963.18(c)
(# 101-08; # 101-09)
Spring 2019, 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) 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.
(2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
Shawn W. Weis
(717) 783-6776
(3) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(4) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(5) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan.
(6) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST.
(7) Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.
Pennsylvania State Police (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act
37 Pa. Code Chapter 51
Winter 2018, as Proposed Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police (PSP) and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs. Sergeant Patrick Beaver
(717) 705-1749
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC)
61 Pa. Code Chapter 901a
December 2018, 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 Chapter 113, Withholding of Tax (PIT)
61 Pa. Code § 113.4
(# 15-459)
September 2018, as Final Amendments to Chapter 113 are proposed to reduce the threshold from ''250'' to ''10 or more'' for employers' electronic submission of the Annual Withholding Reconciliation Statements. Additionally, outdated language is being removed from the regulation. John Brenner
(717) 705-3906
Amendments to Realty Transfer Tax (RTT) Regulations
61 Pa. Code Chapter 91
December 2018, as Proposed Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. Additionally, the proposed amendments will be consistent with Department policy and the language in the RTT statute. John Brenner
(717) 705-3906
iLottery Games
61 Pa. Code Chapter 876
(# 15-460)
March 2019, as Proposed Act 42 of 2017 authorized the Department to promulgate ''temporary'' regulations for iLottery games, effective for two years upon publication in the Pennsylvania Bulletin. The temporary regulations for iLottery Games were published at 48 Pa.B. 1829 (March 31, 2018) and codified in the June 2018 Supplement to the Pennsylvania Code. The temporary regulations expire on March 31, 2020. The Department will promulgate permanent regulations. Casey Fenstermaker
(717) 346-1860
Department of State (DOS)
State Architects Licensure Board
Electronic Seals and Signing
49 Pa. Code Chapter 9
(# 16A-4111)
Spring 2019, as Proposed The proposed 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 proposed 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. Amanda Li
(717) 783-3397
State Board of Chiropractic
Chiropractic Specialties
49 Pa. Code Chapter 5
(# 16A-4312)
Spring 2019, as Final The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The rulemaking would prohibit a chiropractor from advertising that the chiropractor holds certification or otherwise is a specialist in a chiropractic specialty unless the chiropractor holds certification or diplomate status from a specialty board recognized by the American Board of Chiropractic Specialties, and other organizations approved by the Board. This proposal protects consumers of chiropractic services who can be misled by advertising of ''certifications'' that do not truly reflect advanced knowledge, training or skill. Elizabeth Wecker
(717) 783-7155
Government Employee Liability Coverage
49 Pa. Code §§ 5.17(f) and 5.41
(# 16A-4325)
Fall 2018, as Proposed The Chiropractic Practice Act requires chiropractors to maintain professional liability insurance, including self-insurance. This regulation would permit a licensee who practices exclusively on behalf of the government to meet this requirement by reliance upon the coverage provided under the Federal Tort Claims Act or the Sovereign Immunity Act as administered by the Commonwealth's Employee Liability Self-insurance Program. Elizabeth Wecker
(717) 783-7155
Commissioner of Professional and Occupational Affairs
Expungement
49 Pa. Code Chapter 43b,
§§ 43b.101—43b.103 and 43b.201
(# 16A-060)
Fall 2018, as Proposed The proposed rulemaking would implement the expungement provisions in the act of February 15, 2018 (P.L. 14, No. 6), which authorizes the Commissioner of Professional and Occupational Affairs to expunge certain disciplinary actions upon application, and to require the applicant to pay a fee to cover all costs associated with the expungement as established by the Commissioner by regulation. Cynthia Montgomery
(717) 783-7200
Bureau of Commissions, Elections and Legislation
Notaries Public
4 Pa. Code, Part VIII,
Subpart C
(# 16-59)
Fall 2018, as Proposed The proposed rulemaking would implement the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA). Martha Brown
(717) 787-6802
State Board of Crane Operators
Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(# 16A-7103)
Fall 2018, as Proposed The proposed regulation would create a schedule of civil penalties for violations of the Crane Operator Licensure Act and regulations of the State Board of Crane Operators. Amanda Li
(717) 783-1404
State Board of Dentistry
Anesthesia Update
49 Pa. Code Subchapter E, §§ 33.331—33.342
(# 16A-4621)
Fall 2018, as Proposed This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices to conform to and adopt the current standards used by the dental profession. Lisa Burns
(717) 783-7162
Child Abuse Reporting Requirements
49 Pa. Code § 33.250
(# 16A-4626)
Spring 2019, as Final This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL, including the requirement that all applicants and licensees of the State Board of Dentistry obtain required training in child abuse recognition and reporting. Lisa Burns
(717) 783-7162
General Revisions
49 Pa. Code Chapter 33
(# 16A-4628)
Fall 2018, 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). Lisa Burns
(717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures
49 Pa. Code Chapter 37
(# 16A-4712)
Fall 2018, as Proposed The proposed 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 proposed 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. Jeannie Bronshtein
(717) 783-7049
State Board of Landscape Architects
Electronic Seals and Signatures
49 Pa. Code Chapter 15
(# 16A-6112)
Fall 2018, as Proposed The proposed 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 proposed regulations of the State Architects Licensure Board and the State Registration Board for Professional Engineers, Land Surveyors and Geologists 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. Terrie Kocher
(717) 772-8528
State Board of Massage Therapy
Fees
49 Pa. Code § 20.3
(# 16A-724)
Spring 2019, as Final Under section 11 of the Massage Therapy Act (63 P.S. § 627.11) the State Board of Massage Therapy is required to support its operations by the revenue it generates from fees, fines and civil penalties. In addition, it provides that the Board shall increase fees if revenue is not sufficient to meet projected expenditures. Under the current fee structure, the Board cannot produce enough revenue to meet projected expenditures. This proposal would increase biennial renewal fees for massage therapists, application fees, and fees for temporary practice permits. Carol Niner
(717) 783-7155
State Board of Medicine
Practitioners of Oriental Medicine
49 Pa. Code Chapter 16
(# 16A-4956)
Fall 2018, as Proposed This proposed rulemaking would revise the regulations relating to Practitioners of Oriental Medicine, to reflect the application of herbal therapy for acupuncturists. The rulemaking is in accordance to the Governor's recommendation for occupational licensure reform. Suzanne Zerbe
(717) 787-7768
State Board of Nursing
Fees
49 Pa. Code Chapter 21
(# 16A-5142)
Fall 2018, as Proposed This proposed regulation revises initial and biennial renewal fees for applicants and licensees and revises and sets additional fees for nursing education programs. Cindy Miller
(717) 783-7142
State Board of Examiners of Nursing Home Administrators
Continuing Education Requirements
49 Pa. Code § 39.11
(# 16A-6219)
Fall 2018, as Proposed The proposed regulation amends the biennial continuing education requirement to conform with the Governor's recommendations for licensure reform that were generated by Executive Order 2017-3. The biennial requirement of 48 credit hours will be reduced to 24. Additionally, the rulemaking provides for showing of continued competence where a licensee has been inactive for a period of time. Chris Stuckey
(717) 783-4856
State Board of Optometry
General Revisions
49 Pa. Code Chapter 23
(# 16A-5213)
Fall 2018, as Proposed Section 3(b)(14) of the Optometric Practice and Licensure Act (act) gives the Board the authority to promulgate all rules and regulations necessary to carry out the purposes of the act. Section 5(b) of the act provides the minimal requirements for continuing education of 30 hours in a biennial period for licensed optometrists. The Board is proposing amendments to its existing regulations to ensure that clear guidance is given to licensees in prescribing contact lenses, reporting continuing education and the standards for accepting commercial support from the providers of continuing education. Elizabeth Wecker
(717) 783-7155
State Board of Osteopathic Medicine
Prescribing
49 Pa. Code § 25.218
(# 16A-5330)
Fall 2018, 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. Aaron Hollinger
(717) 783-4858
State Board of Pharmacy
Compounding Practices
49 Pa. Code Chapter 27
(# 16A-5419)
Spring 2019, as Final Through careful review and with input from stakeholders, the State Board of Pharmacy proposes to update its regulations to incorporate developments and improvements in the profession's safe, sterile practices and procedures for the compounding of pharmaceutical products for patients. Melanie Zimmerman
(717) 783-7156
Naloxone Exceptions
49 Pa. Code §§ 27.18 and 27.19
(16A-5431)
Fall 2018, as Final-Omitted This final-omitted regulation eliminates two regulatory impediments to allow pharmacists to partner with prisons and treatment programs to make Naloxone available to at-risk individuals upon discharge from these facilities. Melanie Zimmerman
(717) 783-7156
State Board of Physical Therapy
Fees
49 Pa. Code § 40.5
(# 16A-6521)
Spring 2019, as Proposed This proposed rulemaking would amend the Board's regulations so that application fees would be set to recover the cost of processing the application and biennial renewal fees would be reduced, yet would still cover the balance of the Board's cost of operations each biennium. Michelle Roberts
(717) 783-7134
State Board of Podiatry
Continuing Education
49 Pa. Code § 29.61
(# 16A-4417)
Fall 2018, as Proposed This proposed rulemaking would reduce the biennial requirement for continuing education, in accordance with the Governor's recommendations for licensure reform; additionally, the rulemaking would provide for the use of distance learning to satisfy the continuing education requirement and provide for exemptions. Aaron Hollinger
(717) 783-4858
State Board of Psychology
Continuing Education
49 Pa. Code § 41.59
(# 16A-6317)
Spring 2019, as Proposed The Board, in its effort to continually review the efficacy of its regulations, has again reviewed the continuing education regulations and has determined that amendments are needed to update, revise and clarify the continuing education requirements. This proposed rulemaking would amend the requirements relating to home study, instruction and carry over. Chris Stuckey
(717) 783-7155
Code of Ethics
49 Pa. Code § 41.61
(# 16A-6324)
Spring 2019, as Proposed This proposed rulemaking will update the Board's Code of Conduct to adopt the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct and various enumerated APA practice guidelines. Chris Stuckey
(717) 783-7155
State Board of Certified Real Estate Appraisers
General Revisions for Certified Real Estate Appraisers
49 Pa. Code Chapter 36
(# 16A-7022)
Spring 2019, as Final This proposed rulemaking updates the Board's regulations to reflect mandated Federal changes made by the Appraisal Qualifications Board of the Appraisal Foundation, which is charged with establishing education and experience requirements for real estate appraisers under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA). Heidy Weirich
(717) 783-4866
Certified Pennsylvania Evaluators
49 Pa. Code Chapter 36
(# 16A-7018)
Fall 2018, as Proposed The proposed rulemaking would amend the Board's regulations to update provisions relating to signatures and recordkeeping and would reduce the biennial requirement for continuing education for Certified Pennsylvania Evaluators to 20 hours, in accordance with the Governor's recommendations for occupational licensure reform and based upon Executive Order (EO-2017-3) Report on Occupational Licensure. Heidy Weirich
(717) 783-4866
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Licensed Bachelor Social Worker
49 Pa. Code Chapter 47
(# 16A-6922)
Spring 2019, as Final The proposed rulemaking would amend the Board's regulations to implement the act of October 22, 2014 (P.L. 2884, No. 179) (Act 179) which provides for the establishment of a bachelor level social worker's license. The proposal establishes fees, licensure requirements, continuing education requirements and standards of practice for licensed bachelor social workers. Sandra Matter
(717) 783-1389
General Revisions
49 Pa. Code Chapters 47, 48 and 49
(# 16A-6923)
Fall 2018, as Proposed Beginning in 2012, and culminating with this proposed rulemaking, the Board has undertaken a comprehensive review of its regulations relating to qualifications for licensure, supervision of clinical experience, including the provision of supervision through electronic means, and continuing education. The purpose of this rulemaking is to eliminate outdated provisions, update standards to reflect modern technology and to modernize the Board's processes relating to licensure. Sandra Matter
(717) 783-1389
State Board of Veterinary Medicine
Licensure of Euthanasia Technicians
49 Pa. Code Chapter 31
(# 16A-5726)
Fall 2018, as Proposed This proposed rulemaking is necessary to implement the act of October 24, 2012 (P.L. 1452, No. 182) (Act 182 of 2012) which amended the Animal Destruction Method Authorization Law to require the State Board of Veterinary Medicine to register animal welfare organizations and to license euthanasia technicians to permit the organizations to purchase controlled substances and employ euthanasia technicians for the humane euthanasia of small domestic animals. Michelle Roberts
(717) 783-7134
Certified Veterinary Technicians; Veterinary Assistants
49 Pa. Code § 31.39
(# 16A-5727)
Fall 2018, as Proposed The proposed rulemaking would implement the Governor's recommendation generated from Executive Order 2017-3, and update regulations relating to unlicensed veterinary assistants and certified veterinary technicians. The purpose of this rulemaking is to remove unnecessary burdens to credentialing otherwise qualified applicants. Michelle Roberts
(717) 783-7134
Department of Transportation (DOT)
Registration Class Stickers
67 Pa. Code Chapter 55
Summer 2018, as Proposed This rulemaking will delete Chapter 55 and eliminate the issuance of weight class stickers. The elimination of these stickers will result in cost savings to the Department and the regulated community. Anita Wasko
(717) 787-2171
Jeffrey Spotts
(717) 787-5299
School Bus Drivers—Physical and Mental Criteria
67 Pa. Code Chapter 71
Fall 2018, as Proposed This rulemaking will update the medical standards for school bus drivers that have brain disease, cognitive impairment or a mental/emotional disorder. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
Drivers—Physical and Mental Criteria
67 Pa. Code Chapter 83
Fall 2018, as Proposed This rulemaking will update the medical standards for drivers that have brain disease, cognitive impairment or a mental/emotional disorder. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
Photographic Driver's License
67 Pa. Code Chapter 73
Fall 2018, as Proposed This rulemaking will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a driver's license. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
Identification Cards
67 Pa. Code Chapter 91
Fall 2018, as Proposed This rulemaking will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a Department issued identification card. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
Vehicle Equipment and Inspection
67 Pa. Code Chapter 175
Fall 2018, as Final This rulemaking updates vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations made by the Department's Inspection Advisory Board. Anita Wasko
(717) 787-2171
Jeffrey Spotts
(717) 787-5299
Oversize and Overweight Loads and Vehicles
67 Pa. Code Chapter 179
Summer 2018, as Proposed This rulemaking accommodates the planned implementation of the Automated Permit Routing/Analysis System (APRAS), updates outdated language and ensures references in this chapter are consistent with amendments to 75 Pa.C.S. §§ 4901—4983. Glenn Rowe, P.E.
(717) 783-6479
Jeffrey Spotts
(717) 787-5299
Hauling in Excess of Posted Weight Limit
67 Pa. Code Chapter 189
Fall 2018, as Proposed This rulemaking will update regulations to be consistent with amendments to the Vehicle Code under Act 89 of 2013. Halley Cole, P.E.
(717) 783-6146
Jeffrey Spotts
(717) 787-5299
Intrastate Motor Carrier Safety
67 Pa. Code Chapter 231
Summer 2018, as Proposed This rulemaking is necessary to waive hours of service and other requirements for mass transportation organizations and their drivers, while establishing new requirements consistent with the public interest. Danielle Spila
(717) 787-1208
Jeffrey Spotts
(717) 787-5299
Hazardous Material Transportation
67 Pa. Code Chapter 403
Summer 2018, as Final This rulemaking will remove outdated or superfluous language in the Department's Hazardous Materials regulations and ensure consistency with Federal regulations. Glenn Rowe, P.E.
(717) 783-6479
Jeffrey Spotts
(717) 787-5299
Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code Chapter 441
Summer 2018, as Final The Department will be promulgating a regulation to clarify the application process for highway occupancy permits, including the primary purpose as redefining an owner to reflect all legally cognizable ownership interests. Richard Roman, P.E.
(717) 787-6899
Jeffrey Spotts
(717) 787-5299
Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code Chapter 441
Fall 2018, as Proposed The Department will be promulgating a regulation to rewrite the entire Chapter 441 to include comments received during the promulgation of the Chapter 441 regulation redefining the term ''owner.'' Richard Roman, P.E.
(717) 787-6899
Jeffrey Spotts
(717) 787-5299
[Pa.B. Doc. No. 18-1212. Filed for public inspection August 3, 2018, 9:00 a.m.]



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