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Regulatory Agenda

[49 Pa.B. 1461]
[Saturday, March 23, 2019]

 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 February 22, 2019. 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
Pennsylvania Preferred
Program Regulations
7 Pa. Code Chapter 107
(# 2-186)
October 2019,
as Final
This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611). Laura England
(717) 783-8462
Milk Sanitation
7 Pa. Code Chapter 59a
(# 2-191)
May 2019,
as Final
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)
Modernization of Banking Regulations under the
Banking Code of 1965—
Title 10, Parts I—VI
Fall 2019,
as Proposed
The Banking Code of 1965 underwent substantial modernization in 2014 and there is a need for the regulations to reflect recent legislative changes and amend language to conform with regulatory changes from federal banking agencies. (Act of November 30, 1965, P.L. 847, No. 356, as amended.) Leo Pandeladis
(717) 787-1471
Promulgation of agency rules of administrative practice and procedure, to be added to
Title 10, Part I
Fall 2019,
as Proposed
The agency currently uses the General Rules of Administrative Practice and Procedure (''GRAAP''), which contemplate that an agency may promulgate its own rules. 1 Pa. Code § 31.1. The agency desires to enact rules more suited to its statutory requirements. Leo Pandeladis
(717) 787-1471
Department of Community and Economic Development (DCED)
Industrialized Housing and Components
12 Pa. Code Chapter 145
Spring 2019,
as Proposed
The proposed regulation would reduce the frequency of Department inspections for a factory or manufacturing facility with approved building system documentation from once a year to every other year. Jill B. Busch
(717) 720-7314
Department of Conservation and Natural Resources (DCNR)
Snowmobile and All-Terrain Vehicle Grants
17 Pa. Code Chapter 53
(# 7B-9)
Spring 2019,
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. IRRC submitted comments for the proposed regulation on March 22, 2018. Program areas are addressing these comments and will have a final version ready for Spring 2019. Alex MacDonald
(717) 772-4586
Stephen Ekema-
Agbaw, Esq.
(717) 772-4171
Department of Corrections (DOC)
Inmate Correspondence
37 Pa. Code § 93.2
Fall 2019,
as Proposed
Inmate correspondence regulations are being revised to reflect new DOC procedures for processing mail. Tracey Tubbs
(717) 728-7763
Inmate Visiting Privileges
37 Pa. Code § 93.3
Fall 2019,
as Proposed
Inmate visiting privileges regulations are being revised to reflect DOC changes to its visiting policy. Tracey Tubbs
(717) 728-7763
Purchase for Inmates by
Family and Friends
37 Pa. Code § 93.4
Fall 2019,
as Proposed
Purchase for inmates by family and friends regulations are being revised for clarification and to more accurately comport with current standards. Tracey Tubbs
(717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Recovery Home Regulations 28 Pa. Code Chapter _ (new) Spring 2019,
as Final-Omitted
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. Preparation of draft rulemaking package is under way. 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
Spring 2019,
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
Summer 2019,
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. Wallace Rejrat
(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 Spring 2019,
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 Fall 2019,
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
Fall 2019,
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
Spring 2019,
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 16
Spring 2019,
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
Spring 2019,
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
Summer 2019,
as 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
State Board of Education
22 Pa. Code Chapter 16
Spring 2019,
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 the State Library and Advisory Council on Library Development
22 Pa. Code Chapters 131, 133, 135, 137, 141, 142 and 143
Winter 2020,
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. Susan Banks
(717) 214-4046
Environmental Hearing Board (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021
(# 106-13)
Spring 2019,
as Proposed; and Fall 2019 or Winter 2020, as Final
This proposed rulemaking is expected to make minor revisions to the Board's rules in the following categories: motions for admission pro hac vice; responses to petitions to appeal nunc pro tunc; the inclusion of a table of contents in briefs exceeding 30 pages; and 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 2, 2019,
EQB Consideration, as Final
This rulemaking amends 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 1, 2019, IRRC Consideration 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 2, 2019,
EQB Consideration, as Proposed
This rulemaking proposes to revise Chapters 87 and 88, to 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
Noncoal Mining Clarifications and Corrections
25 Pa. Code Chapter 77
(# 7-554)
Quarter 4, 2019,
EQB Consideration, as Proposed
This rulemaking proposes to clarify and correct existing regulatory requirements for noncoal mining. The rulemaking also proposes to update the blasting section to be consistent with the recently revised Chapter 211 and to reflect current technology. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law) Bill Allen
(717) 783-9580
wallen@pa.gov
Unconventional Well Permit Application Fees
25 Pa. Code Chapter 78a
(# 7-542)
Quarter 3, 2019,
EQB Consideration, as Final
This rulemaking amends 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 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 4, 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
Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices
25 Pa. Code Chapters 227
and 228
(# 7-555)
Quarter 4, 2019,
EQB Consideration, as Proposed
This rulemaking proposes to update Chapter 227 to stay current with advances that have occurred in the uses of non-medical X-ray equipment. The revisions will ensure consistency with other government agencies that similarly regulate these devices. (Radiation Protection Act) John Chippo
(717) 787-2480
jchippo@pa.gov
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 3, 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 1, 2019, Publication, 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
Air Quality Fee Schedule Amendments
25 Pa. Code Chapters 127
and 139
(# 7-536)
Quarter 2, 2019, Publication, 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 would 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 2, 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. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (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 4, 2019,
EQB Consideration, as Proposed
This rulemaking will propose to address a provision regarding the water quality standards for manganese 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
Dam Safety and Waterway Management
25 Pa. Code Chapter 105
(# 7-556)
Quarter 4, 2019,
EQB Consideration, as Proposed
This proposed rulemaking would amend Chapter 105; clarifying existing requirements; deleting or updating obsolete and antiquated requirements; incorporating new or revised sections and definitions; and correcting typographical errors. (Federal Clean Water Act, Pennsylvania Clean Streams Law, Dam Safety and Encroachment Act) Sid Freyermuth
(717) 772-5977
sfreyermut@pa.gov
Water Quality Standards—
Class A Stream Redesignations
25 Pa. Code Chapter 93
(# 7-548)
Quarter 1, 2019, Publication, 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 3, 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 2, 2019,
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. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision.
(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 1, 2019, Publication, as Proposed This rulemaking proposes to 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. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision.
(Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities
(Stage I and Stage II)
25 Pa. Code § 129.82
(# 7-525)
Quarter 2, 2019,
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 comply with existing Stage II regulatory maintenance requirements. Industry standards for Stage I and Stage II vapor leak monitoring and relating measures will be added for small gasoline storage tanks. Upon promulgation, the final-form regulation would 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)
State Metrology Laboratory Fee Schedule
70 Pa. Code Chapter 110
(# 8-27)
Spring 2019,
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. Preparation of proposed regulation is complete and awaiting final approval prior to submittal to the standing committees, Legislative Reference Bureau, and Independent Regulatory Review Commission. Ken Hess
(717) 787-4352
Mary Fox
(717) 787-6789
Department of Health (DOH)
Health Facilities and Hospitals
28 Pa. Code Chapters 51
and 101—158
May 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. Jaime Black
(717) 783-2500
Susan Coble
(717) 233-4252
Ann Chronister
(717) 787-8015
Larry Clark
(717) 547-3047
Long Term Care Facilities
28 Pa. Code Chapters 201—211
June 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
Susan Coble
(717) 233-4252
Ann Chronister
(717) 787-8015
Larry Clark
(717) 547-3047
Communicable and Noncommunicable Diseases, specific to HIV CD4 Counts and Viral Load Results
28 Pa. Code Chapter 27
June 2019,
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 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
July 2019,
as Proposed
To 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. Larry Clark
(717) 547-3047
Raphael Barishansky
(717) 772-5025
Sharon Watkins
(717) 547-3517
The Controlled Substance, Drug, Device and Cosmetic Act
P.L. 233, No. 64
October 2019, as Proposed Act 96 of 2018 amends the Controlled Substance, Drug, Device and Cosmetic Act to provide for the required use of electronic prescribing for scheduled II—V controlled substances, including provisions for exemptions and penalties. Per Act 96 the Department of Health will promulgate regulations necessary to implement the requirements of the Act. Larry Clark
(717) 547-3047
Meghna Patel
(717) 547-3144
Department of Human Services (DHS)
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics
55 Pa. Code Chapters 1153
and 5200
(# 14-538)
August 2019,
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. Lindsey Mauldin
(717) 783-4726
Psychiatric Rehabilitation Services
55 Pa. Code Chapter 5231
July 2019,
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. Lindsey Mauldin
(717) 783-4726
Intensive Behavioral Health Services
55 Pa. Code Chapters 1155, 5270
(# 14-546)
December 2019,
as Final
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. Lindsey Mauldin
(717) 783-4726
Mental Health Targeted Case Management (MH-TCM)
55 Pa. Code Chapter XXXX
Summer 2019,
as Proposed
This regulation consolidates the requirements for the delivery of intensive case management (ICM), resource coordination and blended case management into a single regulatory chapter. It will replace the requirements for ICM previously set forth in 55 Pa. Code Chapter 5221. Lindsey Mauldin
(717) 783-4726
Subsidized Child Care Eligibility
55 Pa. Code Chapters 3041, 3042
Spring 2019,
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. Lindsey Mauldin
(717) 783-4726
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)
September 2019,
as Final
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. Lindsey Mauldin
(717) 783-4726
Home and Community-Based Supports and Licensing
55 Pa. Code Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500
(# 14-540)
April 2019,
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, and block grant and base-funded programs. It also will amend licensing requirements in chapters 2380, 2390, 6200, 6400 and 6500. Lindsey Mauldin
(717) 783-4726
Definitions and Requirements 55 Pa. Code Chapters 123
and 133
July 2019,
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. Lindsey Mauldin
(717) 783-4726
Medical Assistance Manual
55 Pa. Code Chapter 1101.51
Spring 2019,
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. Lindsey Mauldin
(717) 783-4726
Medical Marijuana in Facilities
55 Pa. Code Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600
August 2019,
as Proposed
This regulation will amend Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600 as directed by Section 2105 of Act 16 of 2016, the Medical Marijuana Act, regarding possession and use of medical marijuana in child care centers or other social services centers. Lindsey Mauldin
(717) 783-4726
Child Support Annual Fee Increase
55 Pa. Code Chapters 4351
and 4374
April 2019,
as Proposed
The Bipartisan Budget Act of 2018 requires a $10 increase in the annual user fee for child support services. The increase was also mandated in a transmittal from the federal Office of Child Support Enforcement (OCSE Action Transmittal 18-02). Lindsey Mauldin
(717) 783-4726
Administration of County Children and Youth Social Service Programs
55 Pa. Code Chapter 3130
March 2020,
as Proposed
This regulation will replace Chapter 3130 to align with current practice models and support implementation of improvements consistent with the Child and Family Services Review findings and amendments to state and federal laws. Lindsey Mauldin
(717) 783-4726
Adult Protective Services
55 Pa. Code Chapter 15
November 2019,
as Proposed
This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The authority for the regulation and resulting services is provided by Act 70 of 2010, the Adult Protective Services Act. Lindsey Mauldin
(717) 783-4726
Assisted Living Regulations
55 Pa. Code Chapter 2800
July 2019,
as Proposed
The current regulation provides standards to protect the health, safety and well-being of assisted living residents, identifying the minimum requirements to obtain a license and operate at a level of compliance necessary. The proposed revisions are needed to address industry changes in the assisted living program since the initial regulations were adopted on July 16, 2011. Current regulations limit the ability of the industry to grow and to support the development of the provider network statewide that can assist other health and safety needs of aging consumers. Lindsey Mauldin
(717) 783-4726
Pennsylvania Insurance Department (PID)
Privacy and Opt Out Notices for Financial Information
(NAIC Model Regulation update)
(# 11-257)
Spring 2019,
as Final
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 Summer 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)
Flammable and Combustible Liquids
Title 34, Part I,
Chapters 14 and 14a
Bureau of Occupational and Industrial Safety
Spring 2019,
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 2019,
as Proposed
Update regulation to reflect statutory and operational changes. Also, update regulations based on needs for Benefits Modernization System. Randy Brandes
(717) 787-5122
Unemployment Compensation
Title 34, Chapter 65
Employee Provisions
Winter 2019,
as Proposed
Update regulations based on needs for Benefits Modernization System and other operational changes. Susan Dickinson
(717) 787-4403
Services for the Blind and Visually Impaired
Currently Title 55, Part IV, Adult Services Manual, Subpart D, Non-residential Agencies/Facilities/Services, Chapter 2430 to be moved to Title 34
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. Stanley Swaintek
(570) 826-2361
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)
Winter 2019,
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
Summer 2020,
as Final
Revise regulations to update the executive, administrative and professional exemptions from the Minimum Wage Act of 1968. Bryan Smolock
(717) 787-0606
Sign Language Interpreter
and Transliterator State Registration Act, Act 57 of 2004
January 2019,
revised 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
Spring 2019,
as Final-Omitted
Update regulations adopting the 2018 ICC accessibility provisions and 2017 ANSI provisions for ski lifts 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 2019,
as Proposed
Update the PA apprenticeship regulations to align with new federal EEO regulations. Eric Ramsay
(717) 787-6997
Uniform Construction Code Regulations
Title 34, Part I, Chapter 405 Bureau of Occupational and Industrial Safety
Fall 2019,
as Proposed
Update regulations related to lifting devices based on Act 68 of 2018 and adopt certification standards for third party inspection agencies. Matthew Kegg
(717) 787-6304
Bureau of Workers' Compensation
Title 34, Chapter 123 Subchapter B.
Impairment Ratings
Winter 2019,
as Proposed
Update regulations to reflect new statutory provisions and changes to the IRE process enacted by Act 111 of 2018. Scott Weiant
(717) 783-5421
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations
43 Pa. Code Chapter 7
Spring 2019,
as Proposed
The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S. § 903(10)). These regulations are out-of-date. They were last updated in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena. Elizabeth Pettis
(717) 861-8503
Bureau of Veterans' Affairs
43 Pa. Code Chapter 5
Fall 2019,
as Proposed
The Department wishes to promulgate a comprehensive update to its regulations related to the former Bureau of Veterans' Affairs that is now the Bureau of Programs, Initiatives, Reintegration and Outreach. The statutory authority for these regulations is Sections 1704(7) and 7701 of the Military and Veterans Code (51 Pa.C.S.). These regulations are out-of-date. They were last updated in 1991. Elizabeth Pettis
(717) 861-8503
Fort Indiantown Gap
43 Pa. Code (new Chapter)
Spring 2020,
as Proposed
Fort Indiantown Gap is owned by the Commonwealth of Pennsylvania and operated by the Department of Military and Veterans Affairs. The post is home to tens of thousands of Soldiers and civilians every year for training and other activities. Department wishes to promulgate regulatory authority and installation regulations that enhance the safety of military and civilian personnel and protect the military and Commonwealth property. The statutory authority for these regulations is Chapter 7 § 708 of the Military and Veterans Code (51 Pa.C.S.). Elizabeth Pettis
(717) 861-8503
Municipal Police Officers' Education and Training Commission (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program
37 Pa. Code Chapter 203
(# 17-80)
Summer 2019,
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
Fall 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
Pennsylvania Emergency Management Agency (PEMA)
Act 187 of 2014 Summer 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 Sections 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)
Fall 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
Fall 2019,
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
April 2019,
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)
Final rulemaking published at
48 Pa.B. 7214;
(Nov. 17, 2018)
Codified in the February Supplement to the Pennsylvania Code.
Amendments to Chapter 113 reduced the threshold from ''250'' to ''10 or more'' for employers' electronic submission of the Annual Withholding Reconciliation Statements. Additionally, outdated language was removed from the regulation. John Brenner
(717) 705-3906
Amendments to Realty Transfer Tax (RTT) Regulations
61 Pa. Code Chapter 91
June 2019,
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 Auctioneer Examiners
Schedule of Fees
49 Pa. Code § 1.41
(# 16A-6411)
Spring 2019,
as Proposed
The proposed rulemaking is needed to increase application and biennial renewal fees to provide sufficient biennial revenue to meet projected expenditures as required under section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.6). Terrie Kocher
(717) 783-3397
State Board of Chiropractic
Chiropractic Specialties
49 Pa. Code Chapter 5
(# 16A-4312)
Summer 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 final-form rulemaking prohibits 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)
Summer 2019,
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; Fees
49 Pa. Code Chapter 43b, §§ 43b.101—43b.103
and 43b.201
(# 16A-060)
Spring 2019,
as Final
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)
Spring 2019,
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)
Summer 2019,
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)
Summer 2019,
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)
Spring 2019,
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
Expansion of PHDHP
Practice Sites
49 Pa. Code § 33.205b
(# 16A-4633)
Spring 2019,
as Proposed
This proposed regulation would clarify and expand the practice settings in which public health dental hygiene practitioners (PHDHPs) may perform dental hygiene services without the supervision of a dentist. 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)
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 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)
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 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 Medicine
Practitioners of Oriental Medicine
49 Pa. Code Chapter 16
(# 16A-4956)
Spring 2019,
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 2019,
as Final
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)
Spring 2019,
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)
Spring 2019,
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)
Summer 2019,
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
Fees
49 Pa. Code §§ 25.231
and 25.503
(# 16A-5334)
Spring 2019,
as Proposed
This proposed rulemaking provides for increased application fees and biennial renewal fees for board-regulated practitioners and is needed to assure sufficient biennial revenue to meet expected expenditures. 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
Administration of Injectable Medications, Biologicals and Immunizations
49 Pa. Code §§ 27.12 and 27.401—27.407
(# 16A-5429)
Spring 2019,
as Proposed
This proposed rulemaking addresses amendments to section 9.2 of the Pharmacy Act (63 P.S. § 380-9.2) which reduce the age of patients to whom pharmacists can administer influenza immunizations and permit pharmacy interns to administer injectable medications, biologicals and immunizations. 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)
Spring 2019,
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)
Summer 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)
Summer 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)
Summer 2019,
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 Real Estate Commission
State Real Estate Commission Advertising
49 Pa. Code Chapter 35
(# 16A-5616)
Summer 2019,
as Proposed
This proposed rulemaking would codify the Commission's current guidelines for advertising, specifically with regard to names and team advertising. The rulemaking is intended to assist the public in evaluating advertising by real estate brokers and salespersons. Krista Linsenbach
(717) 783-3658
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)
Summer 2019,
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)
Spring 2019,
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)
Summer 2019,
as Final
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 2019,
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 2019,
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
School Bus Drivers
67 Pa. Code Chapter 71
Winter 2019,
as Proposed
This rulemaking will add requirements related to Entry Level Driver Training for CDL drivers to be consistent with Federal Final Rule. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
Drivers—Physical and Mental Criteria
67 Pa. Code Chapter 83
Fall 2019,
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 2019,
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 2019,
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
Spring 2019,
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 2019,
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. Bob Pento
(717) 783-6265
Jeffrey Spotts
(717) 787-5299
Hauling in Excess of Posted Weight Limit
67 Pa. Code Chapter 189
Fall 2020,
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 2019,
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
Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code Chapter 441
Fall 2019,
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.'' Bob Pento
(717) 783-6265
Jeffrey Spotts
(717) 787-5299
Temporary Regulation for Automated Work Zone Speed Enforcement (AWZSE)
67 Pa. Code Chapter 205
To be Completed
Spring 2019
The Department will be promulgating a regulation to define proper testing and calibration of the LIDAR system to be used for the Pilot AWZSE Program. Daniel Farley
(717) 783-0333
Jeffrey Spotts
(717) 787-5299
Permanent Regulation for LIDAR for State Police and Automated Enforcement Systems
67 Pa. Code Chapter 205
Fall 2019,
as Proposed
The Department will be promulgating a regulation to define proper testing and calibration of LIDAR System to be used by state police and automated enforcement systems. Daniel Farley
(717) 783-0333
Jeffrey Spotts
(717) 787-5299
Temporary School Bus
Stop Arm Cameras
67 Pa. Code § 171a
To be Completed
Spring 2019
This rulemaking will address equipment requirements and grant programs established under Act 159 of 2018. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
Permanent School Bus
Stop Arm Cameras
67 Pa. Code Chapter not yet known
Spring 2020,
as Proposed
This rulemaking will make temporary regulations permanent and establish a grant program authorized by Act 159 of 2018. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299
[Pa.B. Doc. No. 19-435. Filed for public inspection March 22, 2019, 9:00 a.m.]



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