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§ 448.802-A. COVID-19 regulatory flexibility authority

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 30, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 1C. Health Care Facilities Act (Refs & Annos)
Chapter 8-a. Covid-19 Regulatory Flexibility Authority
Effective: June 30, 2022
35 P.S. § 448.802-A
Formerly cited as PA ST 71 P.S. § 532-F
§ 448.802-A. COVID-19 regulatory flexibility authority
Currentness
(a) Extension.--The suspension of a regulatory statute prescribing the procedures for conduct of Commonwealth business, or an order, rule or regulation of a Commonwealth agency which was suspended under 35 Pa.C.S. § 7301(f)(1) (relating to general authority of Governor) as of the last day that the declaration, as amended and renewed, was in effect is extended until September 30, 2021, unless sooner terminated by the authority which initially authorized the suspension.
(a.1) Additional temporary extensions.--The following suspensions of regulatory statutes, rules and regulations extended under subsection (a) which are in effect on September 30, 2021, are extended until March 31, 2022, unless sooner terminated by the authority which initially authorized the suspension:
(1) The following provisions enforced by the Department of Drug and Alcohol Programs:
(i) 28 Pa. Code § 715.6(d) (relating to physician staffing).
(ii) 28 Pa. Code § 715.9(a)(4) (relating to intake).
(iii) 28 Pa. Code § 715.16(e) (relating to take-home privileges).
(2) The following provisions enforced by the Office of Administration:
(i) 71 Pa.C.S. § 2407 (relating to emergency appointments).
(ii) Former 4 Pa. Code § 604.5 (relating to reassignments and transfers authorized).
(iii) Former 4 Pa. Code § 604.6 (relating to initiation of transfers).
(iv) Former 4 Pa. Code § 604.7 (relating to limitations on transfer).
(v) Former 4 Pa. Code § 604.8 (relating to effect of transfer on probationary period).
(vi) Former 4 Pa. Code § 604.9 (relating to transfer of classified service employees entering the Senior Management Service).
(3) The following provisions enforced by the Department of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2) (relating to application for license).
(ii) 12 Pa.C.S. § 6212(b)(2) (relating to initial license application).
(iii) Section 4 of the act of April 6, 1937 (P.L. 200, No. 51),1 known as the Pawnbrokers License Act.
(iv) Section 8 of the act of April 8, 1937 (P.L. 262, No. 66),2 known as the Consumer Discount Company Act.
(v) Section 2 of the act of September 2, 1965 (P.L. 490, No. 249),3 referred to as the Money Transmission Business Licensing Law.
(vi) Section 301(b)(3) of the act of February 18, 1998 (P.L. 146, No. 22),4 known as the Check Casher Licensing Act.
(vii) Section 5(2) of the act of October 9, 2008 (P.L. 1421, No. 117),5 known as the Debt Management Services Act.
(viii) Section 313(a) of the act of July 9, 2014 (P.L. 1022, No. 118),6 known as the Debt Settlement Services Act.
(4) The following provisions enforced by the Department of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709 (relating to operation of State-owned vehicles).
(ii) 51 Pa.C.S. § 3105 (relating to association group life insurance for Pennsylvania National Guard).
(iii) Section 2407.7
(iv) 4 Pa. Code § 39.93 (relating to general).
(v) 4 Pa. Code § 39.95 (relating to operation of State automobiles).
(5) The following provisions enforced by the Department of Labor and Industry:
(i) Section 449 of the act of June 2, 1915 (P.L. 736, No. 338),8 known as the Workers' Compensation Act.
(ii) Section 505.1 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1),9 known as the Unemployment Compensation Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of the act of October 24, 2012 (P.L. 1209, No. 151),10 known as the Child Labor Act.
(iv) 34 Pa. Code § 101.83 (relating to notification of filing of appeal).
(v) 34 Pa. Code § 101.110 (relating to notice of decision of Board).
(vi) 34 Pa. Code § 101.128 (relating to scheduling of telephone testimony).
(vii) 34 Pa. Code § 101.130 (relating to notice of testimony by telephone and use of documents).
(6) The following provisions enforced by the Department of Revenue:
(i) Section 903 of the act of March 4, 1971 (P.L. 6, No. 2),11 known as the Tax Reform Code of 1971.
(ii) Section 1502 of the Tax Reform Code of 1971.12
(7) Regulatory statutes, rules or regulations enforced by the Department of Health.
(8) Regulatory statutes, rules or regulations enforced by the Department of Human Services.
(9) Regulatory statutes, rules or regulations enforced by the Bureau of Professional and Occupational Affairs.
(a.2) Additional temporary extensions.--The following suspensions of regulatory statutes, rules and regulations extended under subsection (a.1) which are in effect on March 31, 2022, are extended until June 30, 2022, unless sooner terminated by the authority which initially authorized the suspension:
(1) (Reserved).
(2) (Reserved).
(3) The following provisions enforced by the Department of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii) 12 Pa.C.S. § 6212(b)(2).
(iii) Section 4 of the Pawnbrokers License Act.
(iv) Section 8 of the Consumer Discount Company Act.
(v) Section 2 of the Money Transmission Business Licensing Law.
(vi) Section 301(b)(3) of the Check Casher Licensing Act.
(vii) Section 5(2) of the Debt Management Services Act.
(viii) Section 313(a) of the Debt Settlement Services Act.
(4) The following provisions enforced by the Department of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709.
(ii) 51 Pa.C.S. § 3105.
(iii) Section 2407.
(iv) 4 Pa. Code § 39.93.
(v) 4 Pa. Code § 39.95.
(5) The following provisions enforced by the Department of Labor and Industry:
(i) (Reserved).
(ii) Section 505.1 of the Unemployment Compensation Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of the Child Labor Act.
(iv) 34 Pa. Code § 101.83.
(v) (Reserved).
(vi) 34 Pa. Code § 101.128.
(vii) 34 Pa. Code § 101.130.
(6) (Reserved).
(7) Regulatory statutes, rules or regulations enforced by the Department of Health other than suspensions extended under subsection (a.3).
(8) Regulatory statutes, rules or regulations enforced by the Department of Human Services other than suspensions extended under subsection (a.3).
(9) Regulatory statutes, rules or regulations enforced by the Bureau of Professional and Occupational Affairs other than suspensions extended under subsection (a.3).
(a.3) Additional extensions relating to Federal public health emergency declaration.--Suspensions of regulatory statutes, rules and regulations extended under subsection (a.1) which are in effect on March 31, 2022, and which are related to Federal exemptions granted under the Federal public health emergency declaration are extended until the later of the following, unless sooner terminated by the authority that initially authorized the suspension:
(1) the last day of the Federal public health emergency declaration; or
(2) the last day Federal exemptions granted under the Federal public health emergency declaration are authorized.
(a.4) Additional temporary extensions.--The following suspensions of regulatory statutes, rules and regulations extended under subsection (a.1) which are in effect on June 30, 2022, are extended until October 31, 2022, unless sooner terminated by the authority which initially authorized the suspension:
(1) (Reserved).
(2) (Reserved).
(3) The following provisions enforced by the Department of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii) (Reserved).
(iii) (Reserved).
(iv) (Reserved).
(v) (Reserved).
(vi) (Reserved).
(vii) (Reserved).
(viii) (Reserved).
(4) The following provisions enforced by the Department of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709.
(ii) 51 Pa.C.S. § 3105.
(iii) Section 2407.
(iv) 4 Pa. Code § 39.93.
(v) 4 Pa. Code § 39.95.
(5) The following provisions enforced by the Department of Labor and Industry:
(i) (Reserved).
(ii) Section 505.1 of the Unemployment Compensation Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of the Child Labor Act.
(iv) 34 Pa. Code § 101.83.
(v) (Reserved).
(vi) 34 Pa. Code § 101.128.
(vii) 34 Pa. Code § 101.130.
(6) (Reserved).
(7) Regulatory statutes, rules or regulations enforced by the Department of Health other than suspensions extended under subsection (a.3).
(8) Regulatory statutes, rules or regulations enforced by the Department of Human Services other than suspensions extended under subsection (a.3).
(9) Regulatory statutes, rules or regulations enforced by the Bureau of Professional and Occupational Affairs other than suspensions extended under subsection (a.3).
(b) Applicability.--
(1) A suspension which is extended under subsection (a) shall be retroactive to the last day that the declaration, as amended and renewed, was in effect.
(2) A suspension extended under subsection (a.1) shall be retroactive to September 30, 2021.
(c) Notice.--Upon the termination of an extension or a suspension under subsection (a), (a.1), (a.2), (a.3) or (a.4), the authority which terminated the extension of the suspension shall notify all of the following:
(1) The President pro tempore of the Senate.
(2) The Majority Leader of the Senate.
(3) The Minority Leader of the Senate.
(4) The Speaker of the House of Representatives.
(5) The Majority Leader of the House of Representatives.
(6) The Minority Leader of the House of Representatives.
(7) The chair and minority chair of each committee of the Senate and the chair and minority chair of each committee of the House of Representatives which have oversight authority over the Commonwealth agency which administers the regulatory statute, order, rule or regulation.
(d) Reports.--
(1) No later than November 1, 2021, each authority which initially authorized a suspension which was extended under subsection (a) shall issue a report, which shall be published on the authority's publicly accessible Internet website.
(2) No later than May 31, 2022, each authority which initially authorized a suspension which was extended under subsection (a.1) shall issue an updated report, which shall be published on the authority's publicly accessible Internet website and shall be provided to each member of the General Assembly.
(2.1) No later than August 31, 2022, each authority which initially authorized a suspension which was extended under subsection (a.2) shall issue an updated report, which shall be published on the authority's publicly accessible Internet website and shall be provided to each member of the General Assembly.
(2.2) No later than 60 days after the last day that the Federal public health emergency declaration is in effect, each authority which initially authorized a suspension which was extended under subsection (a.3) shall issue an updated report, which shall be published on the authority's publicly accessible Internet website and shall be provided to each member of the General Assembly.
(2.3) No later than December 31, 2022, each authority which initially authorized a suspension which was extended under subsection (a.4) shall issue an updated report, which shall be published on the authority's publicly accessible Internet website and shall be provided to each member of the General Assembly.
(3) A report under this subsection shall include all of the following:
(i) A list of each suspension which was extended under subsections (a), (a.1), (a.2), (a.3) and (a.4). The list under this paragraph shall include a reference to the regulatory statute, order, rule or regulation which was suspended.
(ii) For each suspension under subparagraph (i) which was extended under subsection (a):
(A) Whether the extension of the suspension was terminated under subsection (a) prior to September 30, 2021, and the date of the termination.
(B) Whether the extension of the suspension expired on September 30, 2021.
(C) Whether the extension was extended under subsection (a.1).
(iii) For each suspension under subparagraph (i) which was extended under subsection (a.1):
(A) Whether the extension of the suspension was terminated under subsection (a.1) prior to March 31, 2022, and the date of the termination.
(B) Whether the extension of the suspension expired on March 31, 2022.
(C) Whether the extension was extended under subsection (a.2).
(D) Whether the extension was extended under subsection (a.3).
(E) Whether the authority recommends that the policy underlying the suspension be enacted permanently into statute or regulation. The authority may include analysis related to the recommendation.
(iv) For each suspension under subparagraph (i) which was extended under subsection (a.2):
(A) Whether the extension of the suspension was terminated under subsection (a.2) prior to June 30, 2022, and the date of the termination.
(B) Whether the extension of the suspension expired on June 30, 2022.
(C) Whether the extension was extended under subsection (a.4).
(v) For each suspension under subparagraph (i) which was extended under subsection (a.3):
(A) Whether the extension of the suspension was terminated under subsection (a.3) prior to the last day that the Federal public health emergency declaration is in effect and the date of the termination.
(B) If applicable, the last day that the Federal public health emergency declaration is in effect.
(vi) For each suspension under subparagraph (i) which was extended under subsection (a.4):
(A) Whether the extension of the suspension was terminated under subsection (a.4) prior to October 31, 2022, and the date of the termination.
(B) Whether the extension of the suspension expired on October 31, 2022.

Credits

1979, July 19, P.L. 130, No. 48, § 802-A, added 2022, June 30, P.L. 391, No. 30, § 2, imd. effective.

Footnotes

1
63 P.S. § 281-4.
2
7 P.S. § 6208.
3
7 P.S. § 6102.
4
63 P.S. § 2311.
5
63 P.S. § 2405.
6
63 P.S. § 2533.
7
71 P.S. § 637.
8
77 P.S. § 1000.5.
9
43 P.S. § 825.1.
10
43 P.S. § 40.9.
11
72 P.S. § 7903.
12
72 P.S. § 8502.
35 P.S. § 448.802-A, PA ST 35 P.S. § 448.802-A
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document