49 Pa. Code | Title 49 Pa. Code — Professional and Vocational Standards

Part I Department of State

Subpart A Professional and Occupational Affairs

Chapter 1 State Board of Auctioneer Examiners

49 Pa. Code § 1.1 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the State Board of Auctioneer Examiners.

The provisions of this § 1.1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.B. 2781.

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.2 Meeting of the Board.

(a) The Board will meet at least twice a year to discharge its duties. The Board may hold additional meetings whenever necessary.

(b) The Board may take action at a meeting if a quorum of the Board is present. Five members of the Board constitute a quorum. A simple majority vote of the members present and voting is binding upon the Board. Under section 29(b) of the act (63 P.S. § 734.29(b)), the Board may not impose a civil penalty if the number of members voting in favor of the penalty is less than four.

The provisions of this § 1.2 issued under sections 3(c), 5(c) and 32 of The Auctioneer and Auction Licensing Act (63 P.S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.2 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655.

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § § 734.1—734.34). Board—The State Board of Auctioneer Examiners. Jurisdiction—A state, territory or country.

The provisions of this § 1.3 issued under sections 6(a), 9(b) and 10(b) of The Auctioneer and Auction Licensing Act (63 P.S. § § 734.6(a), 734.9(b) and 734.10(b)); amended under 63 Pa.C.S. § 3111; and section 32 of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.32).

The provisions of this § 1.3 adopted July 7, 1989, effective July 8, 1989, 19 Pa.B. 2951; amended July 26, 2024, effective July 27, 2024, 54 Pa.B. 4318. Immediately preceding text appears at serial page (287425).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.11 Approved course of study.

(a) The prescribed course of study in auctioneering shall consist of 20 credit hours of instruction in the areas of study set forth in subsection (c); the course shall be taken at schools approved by the Board.

(b) A credit hour of instruction is defined as 15 standard hours of instruction, each of which is composed of 50 minutes.

(1) Audience communications.

(2) Procurement of merchandise for auction.

(3) Appraisal.

(4) Auction law.

(5) Preparation for auction.

(6) Conducting an auction.

(d) Credit will only be given for a course of study which has been approved by the Board. A school may make application to the Board for course approval in writing upon a form provided by the Board.

(e) Credit for a course which is not included in the prescribed course of study will be considered by the Board on an individual basis, provided the course meets all the requirements of this section.

(f) An applicant for licensure shall submit an official transcript of coursework to prove acquisition of credits.

The provisions of this § 1.11 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and sections 6 and 30 of the Auctioneers License Act (63 P. S. § § 706 and 730) (Repealed); amended under sections 3(c), 5(c) and 32 of the Auctioneer and Auction Licensing Act (63 P. S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.11 adopted August 13, 1982, effective September 1, 1982, 12 Pa.B. 2686; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655. Immediately preceding text appears at serial pages (78845) to (78846).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.21 Application for apprentice auctioneer license.

The apprentice auctioneer shall list the name, address and license number of the sponsoring auctioneer on the apprentice license application. The sponsoring auctioneer shall verify on the apprentice application that the auctioneer will sponsor and employ the apprentice and not sponsor and employ more than one other apprentice auctioneer.

The provisions of this § 1.21 issued under sections 3(c), 5(c) and 32 of the Auctioneer and Auction Licensing Act (63 P. S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.21 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655.

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.22 Changing apprentice auctioneer sponsors.

(a) If the apprentice auctioneer changes sponsors, the apprentice auctioneer shall notify the Board by letter within 10 days after terminating the sponsorship.

(b) The apprentice who changes sponsors shall submit a transfer form, supplied by the Board, when the apprentice obtains a new sponsor.

(c) An apprentice auctioneer license is invalid when there is no sponsoring auctioneer and credit for apprentice auctioneering does not accrue during that time period.

(d) The Board will reissue an apprentice auctioneer license when the apprentice auctioneer submits the transfer form and informs the Board that the apprentice auctioneer has secured a new sponsor.

(e) The sponsoring auctioneer named in the license shall notify the Board within 10 days of a change in status of the apprentice that would affect the ability of the apprentice to complete the apprenticeship.

The provisions of this § 1.22 issued under sections 3(c), 5(c) and 32 of the Auctioneer and Auction Licensing Act (63 P. S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.22 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655.

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.23 Auctioneer licensure examination.

(a) The Board will have a professional testing organization conduct the auctioneer licensure examination at least two times each year.

(b) The applicant for auctioneer’s license shall apply to the professional testing organization designated by the Board for admission to the licensure examination and pay the fee directly to that organization.

(c) If an applicant fails the examination once, the applicant may take the next scheduled examination or the examination following the next scheduled examination. If an applicant fails the licensure examination twice, the Board, upon notice to the applicant, may require the applicant to complete additional training approved by the Board.

The provisions of this § 1.23 issued under sections 3(c), 5(c) and 32 of the Auctioneer and Auction Licensing Act (63 P. S. § § 734.3(c), 734.5(c) and 734.32); amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a); and section 6 of the Auctioneer and Auction Licensing Act (63 P. S. § 734.6).

The provisions of this § 1.23 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655; amended April 6, 1990, effective April 7, 1990, 20 Pa.B. 1883; amended March 1, 1996, effective March 2, 1996, and apply to examinations administered on and after September 1, 1995, 26 Pa.B. 866; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5869; amended March 18, 2005, effective March 19, 2005, 35 Pa.B. 1763. Immediately preceding text appears at serial pages (250688) to (250689).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.24 Application for auctioneer license for individuals.

(a) A licensed apprentice auctioneer seeking to qualify for an auctioneer license on the basis of an apprenticeship shall submit an application accompanied by satisfactory evidence that the applicant:

(1) Was in the employ of a sponsor for at least 2 years.

(2) Has participated for compensation in at least 30 auctions. The applicant shall submit information for each of these auctions specifying the type of auction, the name of the consignor, the location and the date of the auction. For the purposes of this requirement, participation in an auction on any 1 calendar day constitutes one auction.

(b) The sponsoring auctioneer shall verify that the apprentice was in the sponsor’s employ for at least 2 years and participated for compensation in at least 30 auctions as listed on the application.

(c) The applicant shall also submit a statement indicating whether the applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other like offense in the last 5 years.

(d) The Board may require the apprentice applicant to appear before the Board upon notice to the applicant for a personal interview.

The provisions of this § 1.24 issued under sections 3(c), 5(c) and 32 of The Auctioneer and Auction Licensing Act (63 P.S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.24 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655.

This section cited in 49 Pa. Code § 1.27 (relating to licensure by endorsement).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.25 Application for auctioneer license for partnerships, associations or corporations.

(a) A partnership applying for licensure shall submit, in addition to the application, a statement indicating whether a member has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other like offense in the past 5 years.

(b) An association applying for licensure shall submit, in addition to the application, a statement indicating whether a member, officer or employe has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other like offense in the past 5 years.

(c) A corporation applying for licensure shall submit, in addition to the application, a statement indicating whether an officer, employe or stockholder who either directly or indirectly exercises a controlling interest has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other like offenses in the past 5 years.

The provisions of this § 1.25 issued under sections 3(c), 5(c) and 32 of The Auctioneer and Auction Licensing Act (63 P.S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.25 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655.

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.26 Application for auction house and auction company licenses.

(a) An applicant for an auction house or auction company license shall:

(1) Complete and submit the application provided by the Board.

(2) Submit with the application a check or money order for the required fee, payable to the ‘‘Commonwealth of Pennsylvania.’’

(3) File with the Board an approved surety bond payable to the Commonwealth in the amount of $5,000 in accordance with section 13 of the act (63 P.S. § 734.13).

(b) Auction houses and auction companies which were issued licenses prior to July 8, 1989, and have not paid the required fee shall remit the fee within 30 days of receipt of notice from the Board and thereafter will be required to pay the biennial renewal fee. Failure to remit the required licensure fee within that time will result in the license being placed on inactive status. The Board may take disciplinary action against a license holder for operation of an auction house or auction company when the license is on inactive status.

The provisions of this § 1.26 issued under sections 6(a), 9(b) and 10(b) of The Auctioneer and Auction Licensing Act (63 P.S. § § 734.6(a), 734.9(b) and 734.10(b)).

The provisions of this § 1.26 adopted July 7, 1989, effective July 8, 1989, 19 Pa.B. 2951; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5869. Immediately preceding text appears at serial page (201638).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.27 Licensure by endorsement.

(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement), an applicant shall satisfy all of the following conditions:

(1) Have a current license, certificate, registration or permit in good standing to practice auctioneering in another jurisdiction whose standards are substantially equivalent to or exceed those established under sections 3(e) and 5(c) of the act (63 P.S. § § 734.3(e) and 734.5(c)) and § 1.24 (relating to application for auctioneer license for individuals). The following apply:

(i) An applicant shall submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit.

(ii) If the applicable law, regulation or other rule is in a language other than English, at the applicant’s expense, the applicable law, regulation or other rule shall be translated by a professional translation service and verified to be complete and accurate.

(iii) The copy of the applicable law, regulation or other rule must include the enactment date.

(2) Demonstrate competency by one of the following:

(i) Experience in the practice of auctioneering by demonstrating, at a minimum, that the applicant has actively engaged in the practice of auctioneering under a license, certificate, registration or permit in a jurisdiction or jurisdictions that have substantially equivalent licensure standards, for at least 2 of the 5 years immediately preceding the filing of the application with the Board.

(ii) If the applicant does not have experience in the practice of auctioneering for at least 2 of the 5 years immediately preceding the filing of the application with the Board as provided in subparagraph (i), achieving a passing score on the Pennsylvania Auctioneer Licensure Examination within the 5 years immediately preceding the filing of the application with the Board.

(3) Have not committed an act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice auctioneering under section 20(a) of the act (63 P.S. § 734.20(a)).

(4) Have not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.

(5) Have paid the application fee for auctioneer license as required under § 1.41 (relating to schedule of fees).

(6) Have applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.

(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request the interview to be conducted by video teleconference for good cause shown.

(c) Prohibited acts and discipline. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 20(a) of the act or disciplinary action by a jurisdiction is not an impediment to licensure under 63 Pa.C.S. § 3111.

The provisions of this § 1.27 added under 63 Pa.C.S. § 3111; and section 32 of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.32).

The provisions of this § 1.27 added July 26, 2024, effective July 27, 2024, 54 Pa.B. 4318.

This section cited in 49 Pa. Code § 1.28 (relating to provisional endorsement license).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.28 Provisional endorsement license.

(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying remaining requirements for licensure by endorsement under § 1.27 and 63 Pa.C.S. § 3111 (relating to licensure by endorsement).

(b) Expiration of a provisional endorsement license.

(1) An individual holding a provisional endorsement license may practice for up to 1 year after issuance of the provisional endorsement license. The Board, in its discretion, may determine that an expiration date of less than 1 year is appropriate.

(2) Upon a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.

(c) Termination of a provisional endorsement license. A provisional endorsement license terminates if any of the following occurs:

(1) The Board completes its assessment of the applicant and denies or grants the license.

(2) The holder of the provisional license fails to comply with the terms of the provisional endorsement license.

(3) The provisional endorsement license expires.

(d) Reapplication. An individual may reapply for licensure by endorsement under § 1.27 after expiration or termination of a provisional endorsement license; however, the individual may not be issued a subsequent provisional endorsement license.

The provisions of this § 1.28 added under 63 Pa.C.S. § 3111; and section 32 of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.32).

The provisions of this § 1.28 added July 26, 2024, effective July 27, 2024, 54 Pa.B. 4318.

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.31 Sponsorship and employment of apprentice auctioneers.

(a) An apprentice auctioneer is a person who is licensed under the act as an apprentice for the purpose of learning the profession of auctioneering, and who is sponsored and employed for compensation by a qualified auctioneer.

(b) A qualified auctioneer may not employ more than two apprentice auctioneers.

(c) The auctioneer who sponsors and employs an apprentice auctioneer shall directly supervise the apprentice while the apprentice is conducting an auction or a sale at auction.

(d) The sponsoring auctioneer may provide for substitute supervision of the apprentice for a particular auction if the sponsoring auctioneer is unavailable, if the substitute supervisor is a qualified auctioneer who provides direct supervision.

(e) The apprentice auctioneer may not conduct or attempt to conduct an auction or sale at auction without the sponsorship and employment of the sponsor or authorized substitute sponsor.

The provisions of this § 1.31 issued under sections 3(c), 5(c) and 32 of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § § 734.3(c), 734.5(c) and 734.32).

The provisions of this § 1.31 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2655.

This section cited in 49 Pa. Code § 43b.12a (relating to schedule of civil penalties—auctioneers, apprentice auctioneers, auction houses and auction companies).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

49 Pa. Code § 1.41 Schedule of fees.

(a) An applicant for a license, certificate, registration or service shall pay the following fees at the time of application:

(b) An applicant for biennial renewal of a license, certificate or registration shall pay the following fees:

The provisions of this § 1.41 issued under sections 5 and 6 of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § § 734.5 and 734.6); amended under sections 5.1, 6, 32 and 33(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § § 734.5.1, 734.6, 734.32 and 734.33(a)); and section 810(a)(7) of The Administrative Code of 1929 (71 P.S. § 279.1(a)(7)).

The provisions of this § 1.41 adopted November 27, 1998, effective November 28, 1998, 28 Pa.B. 5869; amended December 21, 2001, effective December 22, 2001, 31 Pa.B. 6941; amended March 18, 2005, effective March 19, 2005, 35 Pa.B. 1763; amended March 31, 2006, effective April 1, 2006, 36 Pa.B. 1496; amended May 22, 2015, effective May 23, 2015, 45 Pa.B. 2466; amended December 9, 2022, effective December 10, 2022, 52 Pa.B. 7681. Immediately preceding text appears at serial pages (376821) to (376822).

This section cited in 49 Pa. Code § 1.27 (relating to licensure by endorsement).

History

Authority: The provisions of this Chapter 1 issued under section 35 of the Administrative Agency Law (71 P.
Source: The provisions of this Chapter 1 adopted October 17, 1975, effective October 18, 1975, 5 Pa.

Chapter 3 State Board of Barber Examiners

49 Pa. Code § 3.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § § 551—566.4), known as the Barbers’ License Law. Board—The State Board of Barber Examiners, Bureau of Professional and Occupational Affairs, Department of State, Harrisburg, Pennsylvania 17120. Cleanse—To clean and remove debris by washing with soap and water. Disinfect—Complete immersion in an EPA-registered bactericidal, virucidal, fungicidal and tuberculocidal disinfectant that is mixed and used according to the manufacturer’s directions. EPA—The Federal Environmental Protection Agency. EPA registered disinfectant—A product used to destroy pathogenic micro-organisms that is registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. § § 136—136y).

The provisions of this § 3.1 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.1 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201642) to (201643).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.4 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), the general rules of administrative practice and procedure, 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), are applicable to the activities of and proceedings before the Board.

The provisions of this § 3.4 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1921.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.5 Discrimination.

The discrimination by a licensee in the practice of barbering against any person because of race, color, religious creed, sex, ancestry, National origin, physical handicap or disability is unethical conduct.

The provisions of this § 3.5 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186).

The provisions of this § 3.5 adopted April 23, 1982, effective April 24, 1982, 12 Pa.B. 1330.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.11 Types of licenses.

Licenses issued under the act are as follows:

(1) Barber-teacher’s license.

(2) Manager-barber’s license.

(3) Barber’s license.

(4) Barbershop permit or license.

(5) Barber school permit or license.

The provisions of this § 3.11 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.11 amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1330; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial page (69652).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.12 License limitations.

(a) An individual to whom a barber-teacher’s license has been issued will be deemed qualified to perform the functions of a barber-teacher, manager-barber or a barber.

(b) An individual to whom a manager-barber’s license has been issued shall be deemed qualified to perform the functions of a manager-barber or a barber.

The provisions of this § 3.12 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.12 amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1330; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial page (201644).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.13 Display, replacement and change of address.

(a) Every license and permit issued by the Board shall be displayed in a conspicuous place in the place of business or place of employment of the holder.

(b) When an original license or permit is lost, stolen or destroyed, the licensee shall immediately report the incident to the Board and shall make a request for a duplicate license or permit. An affidavit shall accompany the request, certifying that the original license or permit has been lost, stolen or destroyed. The appropriate fee as required in section 227 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-227), shall also accompany the request.

(d) Shop owners seeking to change their registered address or persons taking over as owners of an existing shop shall apply to the Board for an application for a new permit and return the permit issued for the former shop with the completed application.

The provisions of this § 3.13 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.13 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial page (69653).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.14 Prohibitions.

(a) An individual who is not properly licensed by the Board may not be employed in a licensed shop or school.

(b) An individual to whom a license or permit has been issued may not work in a shop or school that is not registered with the Board.

The provisions of this § 3.14 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.14 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial pages (69653) to (69654).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.15 Escrow of licenses and failure to renew.

(a) A barber, manager-barber or barber-teacher who fails to renew a license for a 5-year period is required to take the appropriate practical examination and pay applicable back fees prior to renewal of the license. A licensee failing to file a biennial registration application or pay the required registration fee by the registration date shall have his license classified as unregistered. As long as a licensee holds an unregistered license, the licensee is not permitted to practice in this Commonwealth. A licensee who does so during a period in which the license was unregistered is required to pay a penalty fee of $5 for each month or part of a month since the expiration of the biennial registration and may be subject to disciplinary proceedings before the Board or criminal prosecution, or both.

(b) A licensee who does not intend to practice in this Commonwealth and who does not desire to renew his registration but wishes to place the license in escrow shall notify the Board in writing. Upon receipt of notification, the Board will classify the license as inactive and place it in escrow for not more than 5 years.

(c) A licensee will not be assessed a fee or penalty for preceding biennial registration periods in which the licensee did not practice in this Commonwealth.

The provisions of this § 3.15 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.15 adopted April 23, 1982, effective April 24, 1982, 12 Pa.B. 1330; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial page (69654).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.21 Temporary student license.

(a) Upon payment of the required fee, a temporary license may be issued to an applicant who is eligible for admission to the barber examination. An applicant who is thus licensed shall practice only under the supervision of a licensed manager-barber until results are available from the next scheduled examination. Temporary licenses are granted for a 9-month period.

(b) The 9-month period will begin from the date of graduation or completion of training.

(c) The shop owner and manager shall verify the graduation or completion date before allowing the student to work in the shop.

(d) The student shall show proofs of the graduation or completion of training when requested by inspectors for the Commonwealth.

The provisions of this § 3.21 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.21 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial page (69654).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.22 Credit.

A student will be given credit only for the actual time spent performing barbering services, or being instructed in theory by a licensed barber-teacher or manager-barber.

The provisions of this § 3.22 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.22 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201646) to (201647).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.23 Proof of education.

If an applicant is unable to submit evidence of having a certificate showing graduation from an 8th grade or its equivalent, the applicant shall pass an examination in elementary school subjects given by the Department of Education, and obtain an equivalent certificate.

The provisions of this § 3.23 issued under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.23 adopted January 24, 1992, effective January 25, 1992, 22 Pa.B. 347.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.41 Applications for examinations.

An examination application shall include payment of the fee and a notarized statement certifying the completion of the hours of instruction, from either a barber school or a barber-teacher or manager-barber with whom the student has studied and trained.

The provisions of this § 3.41 amended under sections 6, 14 and 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § § 556, 564 and 566.4(b)); amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a).

The provisions of this § 3.41 adopted January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751; amended March 19, 2004, effective March 20, 2004, 34 Pa.B. 1574. Immediately preceding text apepars at serial pages (294137) to (294138).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.42 Examination.

(a) The examinations for license as barber and barber-teacher shall include both practical and written tests.

(b) A passing grade in practical work and in the written test is required before a license will be issued.

The provisions of this § 3.42 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.42 adopted January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial page (69655).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.43 Practical test.

(a) For the practical test, an applicant shall bring to the examination center a patron upon whom the applicant may demonstrate the ability to do practical work.

(b) An applicant shall furnish his own tools, such as mannequins, clippers, shears, combs, razors, hone, strop, shaving brush, hair cloth, tonics, creams, towels and spatula to perform the practical operations of barbering.

(d) The applicant shall demonstrate haircutting, permanent waving, hair coloring, shaving and honing and stropping.

(e) Each part of the practical test enumerated in subsection (d) should be considered a new operation. The applicant who has completed one operation shall begin the next operation as if a new patron were seated in the chair.

(f) Time permitted for the practical examination will be 1 1/2 hour.

The provisions of this § 3.43 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.43 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial page (201648).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.44 Written test.

The written test includes questions on the act and of this chapter, barber practice, barber science, sanitation, health, hygiene, physiology, shop equipment, supplies and tools.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.45 Retaking examination.

If an applicant fails the written or the practical test, the applicant is required to retake the portion which was failed within 1 year. Both portions of the examination shall be retaken if the applicant does not pass the entire examination during the 1-year period following the initial testing.

The provisions of this § 3.45 amended under sections 6, 14 and 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § § 556, 564 and 566.4(b)); amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a).

The provisions of this § 3.45 amended August 24, 1965; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended March 19, 2004, effective March 20, 2004, 34 Pa.B. 1574. Immediately preceding text appears at serial page (294139).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.51 Licenses and permits.

(a) A new barbershop may not be opened, a person may not take over an existing barbershop and an existing shop may not be moved to a new location, until an application has been filed with the Board, the shop inspected and approved, and registration granted.

(b) Trade names and fictitious names shall be registered with the Corporation Bureau of the Department of State before a permit will be issued.

(c) Every barbershop shall display the licenses, permits and this chapter in a conspicuous place. Copies for posting may be obtained from the Board.

(d) A shop license will not be issued to a corporation, a partnership or an individual unless a licensed manager-barber is listed as manager, except for one-barber barbershops and for shops owned by licensed cosmetologists in which only one licensed barber and one licensed cosmetologist are working.

The provisions of this § 3.51 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.51 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201649) to (201650).

This section cited in 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.52 Minimum general requirements.

(a) Every barbershop shall provide for the following:

(1) Adequate location.

(2) Sufficient amount of floor space.

(3) Ample light.

(4) Facilities for heating.

(5) Proper ventilation.

(6) Clean walls and ceiling.

(7) Suitable flooring (hardwood, tile, composition, linoleum) in the work area.

(8) Readily available restroom facilities.

(b) A barbershop may not be located in a food store, soft drink parlor, restaurant, coffee shop or in a place where foodstuffs are kept for sale in other than the original package, unless separated therefrom by a solid partition extending from floor to ceiling. If the partition contains a door, the door shall be kept closed.

(c) When a barbershop and a cosmetology shop are located side by side in the same building and owned by the same individual, partnership or corporation, the shops may share restroom facilities.

The provisions of this § 3.52 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.52 amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1330; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial page (69657).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.53 Minimum space requirements.

Every barbershop shall provide for the following:

(1) A minimum length of at least 15 feet for one chair shops, 20 feet for two chair shops, and 5 feet additional length for each additional chair.

(2) A minimum width of at least 12 feet.

The provisions of this § 3.53 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.53 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial pages (69657) to (69658).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.54 Minimum equipment requirements.

Every barbershop shall provide for the following:

(1) One barber pole, or a sign indicating that barbering services are performed.

(2) A stand and mirror or the equivalent.

(3) One hand mirror.

(4) One barber chair which revolves, reclines and has a headrest.

(5) A sanitary headrest for every two chairs.

(6) A closed container for clean towels.

(7) A covered waste container for each chair.

(8) One soiled towel receptacle for each chair.

(9) At least one washstand for every two chairs.

(10) Running hot and cold water in every washstand.

(11) A supply cabinet for stock of towels and supplies.

(12) Seating accommodations for at least three persons.

(13) One clothes tree or its equivalent.

(14) One cabinet or closet for mops, brooms, and the like.

(15) One hair clipper for each chair in operation.

(16) Two razors for each chair in operation, at least one of which is nondisposable.

(17) Two shears for each chair in operation.

(18) Combs for each chair in operation.

(19) One strop.

(20) One tweezer.

(21) One hone.

(22) Sanitary towels for each chair.

(23) Two clean haircloths for each chair.

(24) Neck strips and dispenser.

(25) Disinfection solution.

(26) Proper disinfection equipment.

(27) Hair tonic, face lotion, cold cream and massage cream.

(28) Powder or liquid styptic.

The provisions of this § 3.54 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.54 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201651) and (201652).

This section cited in 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.55 Maintenance and sanitation.

(a) Every barbershop shall be well lighted, well ventilated and kept in a clean, orderly and sanitary condition. Waste containers shall be thoroughly cleaned at least once every 24 hours. The floor in the work area shall consist of hardwood, linoleum or other hard surfaces and shall be maintained in good repair. Every barbershop shall be provided with adequate lavatories, readily accessible and kept in a sanitary condition.

(b) Running water, hot and cold, shall be provided at a convenient point within each barbershop.

(c) Equipment and implements that come into contact with a patron’s skin, scalp or hair shall be subject to the following procedure following each patron use:

(1) Step 1: Cleanse. The objects shall be cleansed as the term is defined in § 3.1 (relating to definitions).

(2) Step 2: Disinfect. The cleansed objects shall be disinfected as defined in § 3.1.

(3) Step 3: Rinse and dry. The cleansed and disinfected objects shall be rinsed with clean water and dried with a clean towel.

(4) Step 4: Store. The cleansed, disinfected, rinsed and dried objects shall be stored in a clean, dry and closed container clearly marked as such. Sharp implements shall be stored upright with the points down.

(d) Only cleansed, disinfected and rinsed equipment and implements properly stored shall be used on patrons.

(e) Equipment and implements which have been dropped onto the floor or any other unclean surface shall be subjected to the four-step cleanse/disinfect/rinse and dry/store procedure prior to any patron use.

(f) Every barbershop shall use only freshly laundered and sanitized towels, kept in a closed dustproof container, for each patron. The headrest of the barber chair shall be covered with a freshly laundered towel or fresh paper for each patron. In cutting the hair of a person, a newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin. Towels used on each patron shall be discarded in a receptacle, and towels may not be left lying on a workbench or washbowl.

(g) Every person serving as a barber or student shall thoroughly cleanse his hands immediately before serving each customer.

(h) Persons employed in a barbershop shall be clean, both as to person and dress.

(i) The use of finger bowls, powder puffs, styptic pencils or sponges in a barbershop is prohibited. A barber may not keep these items on or about a workstand. Nothing but powdered or liquid astringents applied in each case on a clean towel or clean piece of cotton may be used to check bleeding.

(j) A barber may not undertake to treat disease of the skin, but shall advise consultation with a physician.

(k) Products shall be used in accordance with the manufacturer’s instructions.

(l) The Board will, in cooperation with the Department of Health, or other State or Federal agencies of comparable experience in matters of public health, prohibit the use of a substance or device in performing barbering services when the use may expose the public to unnecessary health hazards. Notice of this prohibition shall be transmitted to licensees in accordance with section 10 of the act (63 P. S. § 560).

The provisions of this § 3.55 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.55 amended November 16, 1970; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201652) to (201653).

This section cited in 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.56 Entrance and waiting area.

A barbershop and a cosmetology shop may share a common waiting area, if each shop has a separate entrance for the ingress and egress of its patrons to the respective work areas. One-half of the square footage of the waiting area may be used by each of the shops for the purpose of meeting the square footage requirement.

The provisions of this § 3.56 issued under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.56 adopted January 24, 1992, effective January 25, 1992, 22 Pa.B. 347.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.61 Out-of-shop services.

When barbering services are provided outside a licensed barbershop, the following requirements apply:

(1) Out-of-shop services shall be performed by a licensed barber under the sponsorship of a licensed barbershop, in accordance with the limitations in section 563 of the act (63 P. S. § 563).

(2) Supplies and equipment utilized in out-of-shop services shall be furnished by the sponsoring shop.

(3) Appointments for out-of-shop services shall be recorded in an appointment book kept by the sponsoring shop and made available to inspectors for the Commonwealth when requested.

(4) The owner of the sponsoring shop shall comply with the sanitary requirements of § 3.55 (relating to maintenance and sanitation) as if out-of-shop services were performed in the shop.

The provisions of this § 3.61 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.61 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial page (201654).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.71 Curriculum.

(a) Schedule. Every student shall be instructed in accordance with the following schedule:

(b) Practical work.

(1) Each student shall perform the following amount of practical work during his training:

(2) The shop owner shall display, in front of the student performing the practical work, a sign in display letters at least 1 inch in height as follows:

(c) Exception. A student who has commenced training under the previous curriculum before January 25, 1992, is not affected by subsection (a).

(d) Examination.

(1) If a licensed cosmetologist wishes to take the barber examination, the cosmetologist shall have successfully completed the following subjects:

(2) Upon application to the Board, the cosmetologist will be given 555 hours of credit for subjects previously covered in the cosmetology training courses, to be applied to the 1,250 hour training requirement.

The provisions of this § 3.71 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.71 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201654) to (201656).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.71a Notification.

(a) The shop owner or the shop owner’s designee shall notify the Board, on a form provided by the Board, of each student to be trained in the shop. Notification shall be provided to the Board before the student begins training.

(b) The shop owner is responsible for ensuring that proper notification is provided to the Board under subsection (a).

The provisions of this § 3.71a issued under 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.71a adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7090.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.72 Student’s records.

(a) The shop owner shall keep, at all times and for inspection by the Board’s representative, a file of each student which includes proofs of age, education, daily attendance and progress. The file shall be provided to the student at the student’s request. The file shall be maintained for at least 5 years, beginning with the date when the student studies in the shop. If the shop is closed within this 5-year period, the student’s file shall be forwarded to the Board and the student shall be so notified by the shop.

(b) A manager-barber or barber-teacher who is training a student under subsection (a) shall keep quarterly reports of the hours earned by the student. The quarterly reports shall be provided to the student upon request.

(c) The shop owner is responsible for ensuring that the quarterly reports required under subsection (b) are properly maintained by the manager-barber or barber-teacher.

(d) The shop owner shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each student trained in the shop. The quarterly reports shall be submitted to the Board by the following dates—April 15, July 15, October 15 and January 15—for the preceding quarter. Each quarterly report must include the name and license number of the manager-barber or barber-teacher instructing the student and be personally signed by the shop owner and the student.

The provisions of this § 3.72 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.72 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7090. Immediately preceding text appears at serial pages (294146) and (304665).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.73 Books.

Library and textbooks for teaching students shall include adequate books needed by the students. Among these shall be included a medical dictionary and a standardized textbook on barbering.

The provisions of this § 3.73 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.73 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial page (201657).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.81 Registration and permits.

A school permit will not be issued until the real owner files with the Board a statement specifically designating who is authorized to accept service of legal notices and to transact all citations for hearings and compliance with rulings issued by the Board. This statement shall bear a facsimile signature of the individual so authorized.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.82 Inspection.

(a) Before a school license is issued, each proposed school will be preliminarily inspected for the purpose of determining if the following requirements are met:

(1) At least 1,250 square feet of floor space.

(2) The suitability of the proposed location.

(3) The suitability of proposed rooms, with regard to plumbing, ventilation, lighting and adequate floor space.

(4) The approval of the proposed layout.

(5) The approval of the proposed items of equipment.

(6) Satisfactory evidence for school registration; responsibility of the applicant for school registration.

(7) Satisfactory evidence of proper provision for corps of teachers.

(8) A locker room (optional).

(9) Two lavatories, one for men and one for women.

(10) A separate office.

(11) A clinic room with a minimum of 10 barber chairs.

(12) A theory room with at least 200 square feet of floor space and a minimum of 10 desks or tablet arm chairs.

(b) Copies of school forms and contracts to be used shall be submitted to and approved by the Board before the school begins operation.

(c) A registered school of barbering shall supply the Board with facsimile signatures on white paper of the individuals authorized by the owner of the school to sign official certificates of students of the school for admission to examination. These signatures shall be filed immediately.

The provisions of this § 3.82 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.82 amended July 2, 1976, effective July 3, 1976, 6 Pa.B. 1585; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3699. Immediately preceding text appears at serial pages (294147) to (294148).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.83 Bond.

(a) A bond, corporate or noncorporate, running to the Commonwealth subject to approval by the Board shall be posted as security for the sums taken on account from the students or prospective students of the school, in the amount of a minimum of $2,500 to a maximum of $5,000 based on a scale of $2,500 for up to 60 students and $5,000 for more than 60 students. No school shall accept any money on account unless it has first procured a bond in accordance with the provisions of this section.

(b) No barber school license will be renewed until a bond is submitted and approved by the Board.

KNOW ALL MEN BY THESE PRESENTS, THAT

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.84 Space.

Clinic rooms shall be a minimum length of at least 10 feet for the first chair and 5 additional feet centerpoint between each additional chair with a minimum width of 12 feet for one row of chairs. Where two rows of chairs are opposite of each other, the room shall be a minimum of 20 feet wide.

The provisions of this § 3.84 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.84 amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial page (201659).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.85 Equipment.

(a) Every barber school shall have the following equipment for each school:

(1) One blackboard, at least 4 feet by 8 feet.

(2) One dermal lamp or therapeutic lamp.

(3) One hair dryer for each ten students.

(4) One high frequency electric current equipment.

(5) One microscope.

(6) One twin vibrator.

(7) One medical dictionary.

(8) A set of charts on skin, bones, muscles, nerves and the circulatory system 24 inches by 30 inches or equivalent.

(9) A set of library books on anatomy, physiology and hygiene.

(10) Sufficient chairs, coat and hat racks to accommodate patrons.

(11) One electric lather mixer for every ten students.

(12) One washbowl for every two chairs.

(b) Every barber school shall have the following equipment for each student:

(1) One standard barber chair with a modern workstand.

(2) One large mirror 36 inches by 36 inches.

(3) One dry sterilizing cabinet for all instruments.

(4) One wet sterilizer, properly functioning.

(5) One covered hamper for soiled towels.

(6) One covered waste container.

(7) One dust proof cabinet for linens.

(8) One electric hair clipper.

(9) Three shears (one thinning).

(10) Two razors, at least one of which is nondisposable.

(11) Four combs.

(12) One set of strops.

(13) One hone.

(14) One standard textbook on barbering. Sets of question and answer books are not considered textbooks.

(15) One hand-held hairdryer.

The provisions of this § 3.85 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.85 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201659) to (201660).

This section cited in 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.86 Maintenance and sanitation.

(a) Every barber school shall be well lighted, well ventilated, kept in a clean, orderly and sanitary condition. Waste containers shall be thoroughly cleaned at least once every 24 hours. The floor in the work area shall consist of hardwood, linoleum or other hard surfaces and shall be maintained in good repair. Every barber school shall be provided with adequate lavatories, readily accessible and kept in a sanitary condition.

(b) Equipment and implements that come into contact with a patron’s skin, scalp or hair shall be subject to the following procedure following each patron use:

(1) Step 1: Cleanse. The objects shall be cleansed as the term is defined in § 3.1 (relating to definitions).

(2) Step 2: Disinfect. The cleansed objects shall be disinfected as the term is defined in § 3.1

(3) Step 3: Rinse and dry. The cleansed and disinfected objects shall be rinsed with clean water and dried with a clean towel.

(4) Step 4: Store. The cleansed, disinfected, rinsed and dried objects shall be stored in a clean, dry and closed container clearly marked as such. Sharp instruments shall be stored upright with the points down.

(d) Equipment and implements which have been dropped onto the floor or any other unclean surface shall be subjected to the four-step cleanse/disinfect/rinse and dry/store procedure prior to any patron use.

(e) Only freshly laundered and sanitized towels kept in a closed dustproof container shall be used for each patron. The headrest of a barber chair shall be covered with a freshly laundered towel or fresh paper for each patron. A newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin when cutting the hair of a person. Towels used on each patron shall be discarded in a closed receptacle, and may not be left lying on a workbench or washbowl.

(f) The use of finger bowls, powder puffs, styptic pencils or sponges in barber schools is prohibited. A student may not keep any of them on or about a workstand. Only powdered or liquid astringents applied in each case on a clean towel or clean piece of cotton shall be used to check bleeding.

The provisions of this § 3.86 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.86 amended November 16, 1970, effective November 17, 1970, 1 Pa.B. 692; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201660) to (201661).

This section cited in 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.87 Student’s records.

(a) Each school shall keep, at all times and for inspection by the Board’s representative, a file of each student regarding proofs of age, education, daily attendance and progress. The file shall be provided to the student at the student’s request. The file shall be maintained for at least 5 years, beginning with the date when the student attends the school. If the school is closed within this 5-year period, the student’s files shall be forwarded to the Board and the students shall be so notified by the school.

(b) Each school shall keep quarterly reports of the hours earned by the student. The quarterly reports shall be provided to the student upon request.

(c) Each school shall submit to the Board, on a form provided by the Board, a quarterly report of the hours attended by each student. The quarterly reports shall be submitted by the following dates—April 15, July 15, October 15 and January 15—for the preceding quarter. Each quarterly report must include the names and license numbers of teachers employed by the school and be personally signed by the owner and supervisor of the school.

The provisions of this § 3.87 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.87 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7090. Immediately preceding text appears at serial page (342088).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.88 Supervisor and teachers.

(a) The school shall, at all times, be under the immediate supervision of a licensed teacher.

(b) Each school shall meet the following requirements:

(1) Each school shall employ as instructors only licensed barber-teachers competent to impart instructions in all branches of barber science which they teach.

(2) An individual may not be counted as a regular part-time or substitute teacher in a school unless the individual’s barber-teacher’s license is on display in the school.

(3) Every school shall employ at least one full-time licensed barber-teacher.

(4) Each class taught for credit shall consist of not more than 20 students per licensed barber-teacher, and at least one full-time teacher who shall be in attendance during the hours the school is open for instruction. The only exception to this requirement which the Board may permit is lecturing by a staff physician or another specialist when at least one teacher is present.

(5) Teachers as well as students shall be attired during school hours in washable jackets, smocks or aprons, which shall be kept in a clean condition.

The provisions of this § 3.88 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.88 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751. Immediately preceding text appears at serial pages (201662) to (201663).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.89 Advertising.

(a) Each school shall display in a conspicuous place in and about the entrance to the school, a sign in display letters at least 3 inches in height as follows:

ALL WORK IN THE SCHOOL DONEBY STUDENTS ONLY

(b) A school shall only advertise under the designation of a school. A school may not, in any form of advertising, be designed to mislead the public in regard to prices or location. Every establishment shall display a clearly visible sign at its main entrance indicating that it is a barber school.

The provisions of this § 3.89 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.89 amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347. Immediately preceding text appears at serial pages (9578) to (9579).

This section cited in 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.90 Student curriculum.

(a) Each school shall post schedules showing the schedules of classes in theory and practical work. Each student shall have an opportunity to devote at least 60% of class time to practical work. For each of these class periods the teacher in charge shall keep an accurate daily record of attendance and progress of each student.

(b) A student may earn credit for the number of hours per day that the student is in attendance.

(d) A student may not be given credit for hours attended unless the student is in actual attendance. Hours credited to a student should be devoted to the studying of barbering. Duty work may not exceed more than 10 minutes of the student instruction time. Duty work must consist only of the tidying and cleaning naturally performed by an operator around the operator’s own chair at the conclusion of the barber process. It may not include menial work ordinarily performed by a maid or janitor.

(e) Every barber school is required to instruct students in barber science as follows:

(f) A student who has commenced training under the previous curriculum before January 25, 1992, is not affected by subsection (c).

(g) A student may not receive credit for time spent in the barber school until registration or renewal licenses for the schools have been obtained from the Board.

(h) Whenever a student at the time of enrolling is entitled to credits previously earned at an out-of-State or in-State school, the school enrolling the student shall carefully evaluate the credits. A mere statement that the applicant for certification of entrance credits has pursued work elsewhere will not be accepted as sufficient evidence. The statement shall be documentary evidence showing attendance at a given school, and if possible, the number of hours attended and the subjects pursued.

(i) A student may request a transfer of credits for hours or months of study between a barbershop and a barber school or between shops, whether the barbershop or barber school is in-State or out-of State, if the student passes a test which is based on the number of hours attended and the subjects pursued and is devised by the shop or the school to place the student in the appropriate courses.

(j) The Board reserves the right to reject an examination application of a student whose credits have been improperly given or evaluated.

The provisions of this § 3.90 amended under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)).

The provisions of this § 3.90 amended September 26, 1966; amended January 24, 1992, effective January 25, 1992, 22 Pa.B. 347; amended November 22, 2002, effective November 23, 2002, 32 Pa.B. 5751; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7090. Immediately preceding text appears at serial pages (342089) to (342090) and (303379).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.91 Posting rules and regulations.

A copy of this chapter concerning schools of barbering shall be posted on the school premises to make students aware of this chapter. Copies for the posting may be obtained from the Board.

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

49 Pa. Code § 3.103 Fees.

(a) An applicant for a license, certificate, registration or service shall pay the following fees at the time of application:

(b) An applicant for biennial renewal of a license, certificate or registration shall pay the following fees:

The provisions of this § 3.103 issued under sections 3, 12 and 18 of the act of June 19, 1931 (P.L. 589, No. 202) (63 P.S. § § 553, 562 and 564); amended under sections 810 and 812.1 of The Administrative Code of 1929 (71 P.S. § 279.1(a)(7) and § 279.3a); and sections 3, 6, 8(a), 11, 12, 13(b), 14 and 15-A.4(b) of the act of June 19, 1931 (P.L. 589, No. 202) (63 P.S. § § 553, 556, 558(a), 561, 562, 563(b), 564 and 566.4(b)).

The provisions of this § 3.103 adopted May 2, 1980, effective May 5, 1980, 10 Pa.B. 1775; reserved May 16, 1986, effective May 17, 1986, except paragraphs (3)—(17) which will take effect on, and be retroactive to April 30, 1986, 16 Pa.B. 1731; amended May 6, 1988, effective May 7, 1988 and apply retroactively to April 30, 1988, 18 Pa.B. 2106; amended May 18, 1990, effective May 19, 1990, 20 Pa.B. 2647; amended December 8, 1995, effective December 9, 1995, and apply retroactively to examination fees charged on and after September 1, 1995, 25 Pa.B. 5582; amended March 2, 2001, effective March 3, 2001, 31 Pa.B. 1225; amended March 19, 2004, effective March 20, 2004, 34 Pa.B. 1574; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7090; amended April 11, 2014, application fees effective April 12, 2014, biennial renewal fees effective May 1, 2014, 44 Pa.B. 2242; amended March 11, 2022, effective March 12, 2022, 52 Pa.B. 1485. Immediately preceding text appears at serial page (371673).

History

Authority: The provisions of this Chapter 3 issued under act of June 19, 1931 (P.
Source: The provisions of this Chapter 3 adopted August 24, 1965, unless otherwise noted.

Chapter 6 State Board of Crane Operators

49 Pa. Code § 6.1 Findings and purpose.

(a) The Board finds that:

(1) The improper operation of a crane may cause a catastrophic event on a work site, resulting in fatality, other bodily harm and property damage.

(2) Although any machine or man-made activity may cause fatality, other bodily harm or property damage, the magnitude of the loads borne by cranes, the associated tension and stress on structural elements of cranes, the motor power required to operate winches, the mobility of cranes and other factors that are peculiar to cranes, lead to exceptional hazards and risk of harm arising from crane operation that warrant additional regulation by the Commonwealth.

(3) Operator error is a significant cause of bodily harm and property damage arising from the use of cranes.

(4) A uniform standard of testing, certification and licensure as a prerequisite to admission to the occupation of crane operator is necessary to reduce the incidence of error and promote a higher degree of conformity to safe crane operation.

(5) Reduction of crane-related incidents will save lives, reduce bodily injury to the public and construction workers, reduce property damage, increase efficiency and raise productivity of businesses in this Commonwealth.

(b) The Board promulgates this chapter to:

(1) Protect people from bodily harm by reducing the incidence of operator error through a process of objectively measured testing, certification and licensure as a prerequisite to admission to the occupation of crane operator.

(2) Protect people from bodily harm by establishing standards of conduct applied to crane operators in order to restrict or remove from the occupation of crane operation those persons proved to have engaged in conduct, habits, behavior or judgment that has caused bodily harm or is reasonably likely to create an unreasonable risk of harm in the future.

(3) Protect crane operators and trainees from undue influence to engage in unsafe practices.

(4) Protect crane operators and trainees from unfair practices in the process of certification or recertification.

(5) Promote competitiveness and economic efficiency in the crane industry without impairing safety, training or certification.

(6) Preserve the value of crane operator certification for the benefit of licensees, their employers and consumers of crane services.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ANSI—The American National Standards Institute. ASME—The American Society of Mechanical Engineers. Act—The Crane Operator Licensure Act (63 P. S. § § 2400.101—2400.2103). Board—The State Board of Crane Operators. Certification—Certification from the NCCCO, or another organization found by the Board to offer:

(i) A testing and certification program equivalent to NCCCO and meeting the applicable requirements of ASME B 30.

(ii) The accreditation requirements of the NCCA or ANSI. Certifying organization—The NCCCO, or another organization approved by the Board to issue certification. Coal mining or coal mining operations—The extraction of bituminous coal, lignite or anthracite from natural deposits in nonliquid form, or if in liquid form, with workers underground, by any means or method, and the work of preparing coal so extracted. Commissioner—The Commissioner of Professional and Occupational Affairs within the Department. Conviction—

(i) An ascertainment of guilt of the accused and judgment thereon by a court, and includes a disposition of a criminal proceeding under Pennsylvania law, or any similar disposition under the laws of another jurisdiction, by a plea of guilty, guilty but mentally ill, or nolo contendere; or a verdict of guilty, or guilty but mentally ill.

(ii) The term does not include an adjudication of delinquency under 42 Pa.C.S. Chapter 63 (relating to Juvenile Act). Crane—A power-operated hoisting machine that has a power-operated winch, load line and boom moving laterally by the rotation of the machine on a carrier or base which has a manufacturer’s rated maximum lifting capacity of 15 tons or more as specified in ASME Volumes B 30.3 and B 30.5, and any successor volumes.

(i) The term includes:

(A) A derrick.

(B) A crawler crane.

(D) A tower crane, which has a manufacturer’s rated maximum lifting capacity of 10 meter tons or more, as specified in the applicable ASME B 30 volume.

(ii) The term does not include:

(A) A crane or drag line used in coal mining operations.

(B) A forklift.

(D) An aircraft.

(E) A bucket truck.

(F) A vehicle or machine not having a power-operated winch.

(G) A tow truck or wrecking crane when used for towing or vehicle recovery.

(H) A locomotive crane.

(I) A crane used in longshore operations or other intermodal operations.

(J) A crane used in manufacturing applications. Crane operator—An individual licensed by the Board to operate a crane. Declaration—A written designation for a license issued under § 6.22 or § 6.23 (relating to licensure without certification by practical examination; and licensure without certification by experience) specifying the type of crane that a licensee is authorized to operate. Department—The Department of State of the Commonwealth. Engage in the operation of a crane or operate a crane—To perform a physical function related to the activation or movement of a crane, and encompassing the use and manipulation of the control mechanisms that direct the movement and hoisting functions of a crane. Immediate supervision—Circumstances in which the crane operator is in the immediate area of the trainee, within visual sighting distance and able to effectively communicate with the trainee. Intermodal operations or intermodal services—

(i) Receiving, handling, holding, consolidation, loading or delivery of an intermodal container, as defined in 29 CFR 1917.2 (relating to definitions), at a facility other than a marine terminal.

(ii) The term does not include:

(A) The construction, alteration, service, repair or improvement of real estate appurtenant to a railroad or trucking terminal.

(B) The repair, service or installation of tangible personal property appurtenant to a railroad or trucking terminal.

(i) Receiving, handling, holding, consolidation, loading or delivery of waterborne shipments at a marine terminal as that term is defined in 29 CFR 1917.2.

(ii) The term does not include:

(A) The construction, alteration, service, repair or improvement of real estate appurtenant to a marine terminal.

(B) The repair, service or installation of tangible personal property appurtenant to a marine terminal.

(C) The assembly, fabrication, installation or arrangement of parts or components of a machine, fixture, transportation improvement to real estate, or building, whether for the purpose of a fitting, adjustment, refinement or test as a temporary or preliminary condition; or as a final, permanent or completed work or product. Manufacturing application or manufacturing or manufacture—

(i) The performance of manufacturing, fabricating, compounding, processing or other operations, engaged in as a business, which place any tangible personal property in a form, composition or character different from that in which it is acquired whether for sale or use by the manufacturer.

(ii) The term includes every operation commencing with the first production stage and ending with the completion of tangible personal property having the physical qualities (including packaging, if any, passing to the ultimate consumer) which it has when transferred by the manufacturer to another.

(iii) The terms ‘‘manufacturing application,’’ ‘‘manufacturing’’ or ‘‘manufacture’’ do not include:

(A) The construction, alteration, service, repair or improvement of real estate.

(B) The repair, service or installation of tangible personal property.

(C) The assembly, fabrication, installation or arrangement of parts or components of a machine, fixture, transportation improvement to real estate or building, whether for the purpose of a fitting, adjustment, refinement or test as a temporary or preliminary condition; or as a final, permanent or completed work or product. NCCA—National Commission for Certifying Agencies. NCCCO—National Commission for the Certification of Crane Operators. OSHA—The United States Occupational Safety and Health Administration. Trainee—An individual who has not been issued a license under this act or obtained certification but who is authorized to operate a crane as set forth in section 501(c) of the act (63 P.S. § 2400.501(c)), and § 6.13 (relating to qualifications and supervision of trainees) when under the immediate supervision of a crane operator. Work of preparing the coal—

(i) The breaking, crushing, sizing, cleaning, washing, drying, mixing, storing and loading of bituminous coal, lignite or anthracite, and other work of preparing the coal as is usually done by the operator of a coal mine.

(ii) The term does not include:

(A) The construction, alteration, service, repair or improvement of real estate appurtenant to a coal mine.

(B) The repair, service or installation of tangible personal property appurtenant to a coal mine.

(C) The assembly, fabrication, installation or arrangement of parts or components of a machine, fixture, transportation improvement to a coal mine or building, whether for the purpose of a fitting, adjustment, refinement or test as a temporary or preliminary condition; or as final, permanent or completed work or product.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.3 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), is applicable to the activities of and proceedings before the Board, and the Board may exercise the powers, remedies, or procedures prescribed therein.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.4 Fees.

(a) The schedule of fees charged by the Board is as follows:

Initial licensing application fee …$100

Biennial renewal fee… $130

Verification of Licensure … $15

Addition of crane specialty… $70

Application for certifying organization … $1,000

Trainee registration fee… $100

(b) Fees must accompany applications and be made payable to ‘‘Commonwealth of Pennsylvania.’’

The provisions of this § 6.4 amended under section 701(a) of the Crane Operator Licensure Act (63 P.S. § 2400.701(a)).

The provisons of this § 6.4 amended August 22, 2014, effective August 23, 2014, 44 Pa.B. 5566. Immediately preceding text appears at serial page (354048).

This section cited in 49 Pa. Code § 6.16 (relating to licensure by endorsement); 49 Pa. Code § 6.22 (relating to licensure without certification by practical examination); and 49 Pa. Code § 6.52 (relating to application for approval as a certifying organization).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.11 General requirements.

(a) An individual who engages in the operation of a crane in this Commonwealth shall be licensed by the Board, or shall be authorized to operate a crane as a trainee.

(b) An individual who holds a license as a crane operator shall have the right to use the title ‘‘Licensed Crane Operator’’ and the abbreviation ‘‘L.C.O.’’

(1) Be 18 years of age or older.

(2) Be of good moral character.

(3) Present satisfactory evidence to the Board that the applicant possesses a current certification, or qualifies for licensure without certification under section 506 of the act (63 P.S. § 2400.506).

(4) Aver subject to penalties for unsworn falsification to authorities under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), that the applicant has been examined by a physician and determined to be physically capable of operating a crane.

(5) Pay all requisite fees.

(d) Felony convictions under The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144), or an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, will preclude an applicant from obtaining or maintaining a license to operate a crane unless:

(1) At least 10 years have elapsed from the date of conviction.

(2) The individual satisfactorily demonstrates to the Board that the individual has made significant progress in personal rehabilitation since the conviction so that licensure of the individual should not be expected to create a substantial risk of harm to the health and safety of crane operators, trainees or the public or a substantial risk of further criminal violations.

(3) The individual otherwise satisfies the qualifications provided in the act and this chapter.

(4) The Board will evaluate an individual’s progress in personal rehabilitation from the totality of the circumstances, including, but not limited to, the individual’s entire criminal history, employment history, the severity and frequency of past criminal history, whether and for how long the individual has abstained from substance abuse, refrained from tortious or criminal conduct, made restitution or compensation, followed a course of treatment and therapy, completed a program of education, offers testimony from other persons of the individual’s good character, and practices an ongoing commitment to recovery.

(e) An applicant who has a conviction described in subsection (d) shall report the conviction on a form prescribed by the Board, and attach documentary evidence in support of the factors identified in subsection (d)(1), (2) and (4).

This section cited in 49 Pa. Code § 6.16 (relating to licensure by endorsement).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.12 Certification.

(a) A crane operator’s license obtained by certification will be valid only in conjunction with a current certification in the specialty for which the crane operator has been certified.

(b) Proof of certification must include a copy of written and practical examination scores as provided to the applicant by a certifying organization, and a waiver for the certifying organization to release the licensee’s certification status and recertification scores to the Board.

(c) A license shall authorize the licensee to operate only the type of crane for which the individual holds a valid certification, and will not be construed as a general license to operate any crane type or to perform all activities related to crane operation.

(d) A person who possesses a certification may not apply for licensure without certification under § § 6.21—6.23 (relating to licensure without certification).

(e) An individual who acquires certification after October 9, 2010, may not operate a crane as a trainee for a period of more than 90 days from the date of certification, unless granted leave by the Board to operate a crane as a trainee for an additional period of 90 days while an application for licensure is pending before the Board.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.13 Qualifications and supervision of trainees.

(a) A trainee may operate a crane in this Commonwealth for purposes of acquiring the experience necessary to obtain certification subject to the act and this chapter.

(b) A trainee may only operate a crane, or engage in crane operations, if:

(1) The trainee is under the immediate supervision of a crane operator.

(2) The trainee has satisfied applicable ASME standards for trainee qualification requirements as more fully set forth in the applicable ASME volumes for the type of crane for which the trainee is being trained and supervised, and trainee requirements prescribed by OSHA regulations.

(c) A trainee must be 18 years of age or older and demonstrate to the satisfaction of the crane operator providing immediate supervision and the person employing the crane operator providing immediate supervision, that the trainee is physically capable of operating a crane.

(d) A trainee shall register on a form prescribed by the Board, and attach documentary evidence of a passing score on a written examination administered by a certifying organization.

(e) A trainee may only be authorized to act as a trainee when in possession of written authorization issued in a form prescribed by the Board, and the authorization will only be valid for 1 year from the date of passing the written examination.

(f) A crane operator who immediately supervises a trainee shall perform the duties for supervision of trainees set forth in the ASME volume applicable to the type of crane that is the subject of operation by the trainee, and requirements prescribed by OSHA regulations.

(g) When providing immediate supervision of a trainee under this section, a crane operator may not have other duties, and shall supervise only one trainee at any time.

(h) A crane operator may not accept a duty to supervise a trainee unless the crane operator possesses sufficient competence and experience to safely supervise the trainee for the specific operation or task to be undertaken by the trainee.

This section cited in 49 Pa. Code § 6.2 (relating to definitions); and 49 Pa. Code § 6.43 (relating to aiding and abeting unlicensed crane operation).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.14 Specialties.

(a) The following types of cranes require specialty licenses from the Board:

(1) Tower cranes.

(2) Lattice boom crawlers.

(3) Lattice boom trucks.

(4) Telescopic boom cranes with a rotating control station.

(5) Telescopic boom cranes with a fixed control station.

(b) A license to operate a crane shall be valid only in conjunction with certification if the licensee maintains a current certification in the specialty for which the crane operator is certified.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.15 Licensure of a crane operator from another jurisdiction.

(a) The Board may issue a license to an individual who has licensure or its equivalent as a crane operator in any other state or territory of the United States or the Dominion of Canada if:

(1) The individual is 18 years of age or older.

(2) The individual is of good moral character.

(3) The individual is currently certified by a certifying organization that:

(i) Has been accredited by ANSI or NCCA.

(ii) Is a party to a voluntary agreement with OSHA for the purpose of recognizing its program as a validation of the competency and certification of qualifications of crane operators.

(iii) Satisfies the requirements of ASME Volume B 30 for operator qualification and certification, and interpretations issued by ASME.

(4) The individual has paid all requisite fees.

(b) A crane operator or an applicant for licensure as a crane operator shall report the following to the Board:

(1) Any license held by the individual to operate a crane in another jurisdiction on the original application and on the biennial renewal application.

(2) Any disciplinary action in another jurisdiction on the biennial registration, or within 30 days of the final disposition, whichever is sooner. For purposes of this section, final disposition means a disposition by a governmental agency levying a monetary penalty, reprimanding the individual, restricting the individual’s license, or otherwise adversely affecting the individual’s property interest in the license, and which is appealable under the laws of the jurisdiction where the disposition has been entered.

(d) The Board will issue written notice to other jurisdictions of the final disposition of any disciplinary action commenced in this Commonwealth.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.16 Licensure by endorsement.

(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) as a professional crane operator, an applicant shall satisfy all of the following conditions:

(1) Have a current license, certificate, registration or permit in good standing to practice as a professional crane operator in another jurisdiction whose standards are substantially equivalent to or exceed those established by the Board under section 502 of the act (63 P.S. § 2400.502) and § 6.11 (relating to general requirements). The following apply:

(iii) The copy of the applicable law, regulation or other rule must include the enactment date.

(2) Demonstrate competency by the following: experience in the profession of crane operating by demonstrating, at a minimum, that the applicant has actively engaged in the practice of crane operating under a license, certificate, registration or permit in a substantially equivalent jurisdiction or jurisdictions that have substantially equivalent licensure standards for at least 2 of the 5 years immediately preceding the filing of the application with the Board.

(3) Have not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice crane operating under section 703(a) of the act (63 P.S. § 2400.703(a)) or § § 6.41—6.44 (relating to disciplinary actions).

(4) Have not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.

(5) Have paid the initial licensing application fee as required by § 6.4(a) (relating to fees).

(6) Have applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.

(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request an interview to be conducted by video teleconference for good cause shown.

(c) Prohibited acts and discipline. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 703(a) of the act or § § 6.41—6.44 or disciplinary action by a jurisdiction is not an impediment to licensure under 63 Pa.C.S. § 3111.

(d) Definition. As used in this section, the term ‘‘jurisdiction’’ means a state, territory or country.

The provisions of this § 6.16 added under 63 Pa.C.S. § 3111; and section 302(5) of the Crane Operator Licensure Act (63 P.S. § 2400.302(5)).

The provisions of this § 6.16 added July 26, 2024, effective July 27, 2024, 54 Pa.B. 4322.

This section cited in 49 Pa. Code § 6.17 (relating to provisional endorsement license).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.17 Provisional endorsement license.

(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 and § 6.16 (relating to licensure by endorsement).

(b) Expiration of a provisional endorsement license.

(2) Upon a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.

(c) Termination of a provisional endorsement license. A provisional endorsement license terminates if any of the following occurs:

(1) The Board completes its assessment of the applicant and either denies or grants the license.

(2) The holder of the provisional license fails to comply with the terms of the provisional endorsement license.

(3) The provisional endorsement license expires.

(d) Reapplication. An individual may reapply for licensure by endorsement under § 6.16 after expiration or termination of a provisional endorsement license; however, the individual may not be issued a subsequent provisional endorsement license.

The provisions of this § 6.17 added under 63 Pa.C.S. § 3111; and section 302(5) of the Crane Operator Licensure Act (63 P.S. § 2400.302(5)).

The provisions of this § 6.17 added July 26, 2024, effective July 27, 2024, 54 Pa.B. 4322.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.21 Licensure without certification generally.

(a) The Board will accept applications to grant to individuals a license without certification until December 9, 2011, subject to the provisions of this section and § § 6.22 and 6.23 (relating to licensure without certification by practical examination; and licensure without certification by experience).

(b) To qualify for a license without certification the applicant shall:

(1) Be at least 18 years old.

(2) Be of good moral character.

(3) Pay all requisite fees.

(4) Satisfy the requirements of § 6.22 or § 6.23.

(5) Be without any valid certification.

(c) A crane operator’s license obtained without certification will be valid only in conjunction with a current and valid photo identification issued by a governmental agency.

This section cited in 49 Pa. Code § 6.12 (relating to certification); 49 Pa. Code § 6.22 (relating to licensure without certification by practical examination); and 49 Pa. Code § 6.23 (relating to licensure without certification by experience).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.22 Licensure without certification by practical examination.

(b) An applicant seeking to qualify for a license without certification under this section shall submit with the application for licensure a copy of the practical examination score as provided by NCCCO and shall pay the declaration fee in § 6.4 (relating to fees).

(c) An applicant for a license without certification under this section may be eligible only for a license in the specialty for which the applicant has passed a practical examination administered by NCCCO.

(d) An applicant for a license without certification under this section shall submit with the application an averment that the applicant has been examined by a physician and successfully passed an examination that satisfies the requirements of ASME Volume B 30.5.

(e) An applicant for a license without certification under this section shall submit with the application documentation of the results of any assessment administered within the 2 years prior to the date of application by a program of operator qualification and certification satisfying the requirements of 29 CFR Part 1926 (relating to safety and health regulations for construction).

(f) In lieu of certification, with a license without certification the Board will issue a declaration specifying the specialty crane for which the licensee has qualified and for which the applicant has passed a practical examination administered by NCCCO, and limiting the types of cranes that the holder of a license without certification by practical examination may operate.

(g) A license without certification under this section will only be valid in conjunction with the declaration in subsection (f).

This section cited in 49 Pa. Code § 6.2 (relating to definitions); 49 Pa. Code § 6.12 (relating to certification); 49 Pa. Code § 6.21 (relating to licensure without certification generally); 49 Pa. Code § 6.32 (relating to renewal of license); and 49 Pa. Code § 6.33 (relating to initiating and terminating inactive status).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.23 Licensure without certification by experience.

(a) An individual who applies for a license without certification under section 506 of the act (63 P. S. § 2400.506) and who satisfies the requirements of § 6.21(b)(1), (2) and (3) (relating to licensure without certification generally) may elect to qualify for a license without certification by submitting acceptable documentation of 5 or more years of experience immediately preceding the date of application for licensure demonstrating to the Board’s satisfaction the applicant’s competency to safely operate the type of crane for which the applicant seeks a license, and payment of the requisite declaration fee.

(b) Acceptable documentation consists of:

(1) Each Internal Revenue Service Form W-2 (Wage and Tax Statement) and Internal Revenue Service Form 1099 issued to the applicant for the 5 calendar years prior to the year of application for which the applicant received compensation as a crane operator.

(2) A record of the applicant’s experience on a form prescribed by the Board, listing each project in which the applicant operated a crane, or engaged in the operation of a crane including no less than 4,000 hours of work during a period of 5 years immediately preceding the date of application for licensure.

(1) The name and business address of the prime contractor or other person who employed or engaged the services of the applicant.

(2) Whether the applicant worked as an employee or independent contractor on the project.

(3) The location of the project.

(4) The type of crane operated.

(5) Whether an incident occurred in the operation of the crane resulting in disability to an individual in excess of the working shift or turn in which the injury was received.

(6) The number of hours worked on the project engaged in the operation of a crane.

(7) If the applicant worked as an independent contractor in the operation of a crane at any time during the 5 years prior to the date of application, a certificate of insurance for each insurer who issued a policy of comprehensive general liability insurance to the applicant.

(d) An applicant for a license without certification under this section may be eligible only for a license in the specialty for which the applicant has submitted acceptable documentation.

(e) An applicant for a license without certification under this section shall submit with the application an averment that the applicant has been examined by a physician and successfully passed an examination that satisfies the requirements of ASME Volume B 30.5.

(f) An applicant for a license without certification under this section shall submit with the application documentation of the results of any assessment administered within the 2 years prior to the date of application by a program of operator qualification and certification satisfying the requirements of 29 CFR Part 1926 (relating to safety and health regulations for construction).

(g) In lieu of certification, with a license without certification under this section the Board will issue a declaration specifying the specialty crane for which the licensee has qualified with at least 1,000 hours and for which the applicant has submitted acceptable documentation, and limiting the types of cranes that the holder of a license without certification by experience may operate.

(h) A license without certification under this section shall only be valid in conjunction with the declaration in subsection (g).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.31 Duration of license.

(a) A licensee shall register each biennial period to retain the right to operate a crane.

(b) Licensure is valid throughout this Commonwealth, is not assignable or transferable, and is valid until the last date of the biennial licensure period.

This section cited in 49 Pa. Code § 43b.28 (relating to schedule of civil penalties—crane operators).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.32 Renewal of license.

(a) Application for renewal of a license with certification must be made on forms provided by the Board, and include:

(1) Proof of current, valid certification issued by a certifying organization.

(2) An indication whether certification will expire before the biennial renewal cycle will expire. In the case of a licensee applying for renewal of license where certification will expire before the biennial renewal cycle will expire, the licensee shall submit to the Board before the expiration of the certification, evidence that the licensee has renewed certification consisting of proof of recertification. Failure to maintain certification, or to submit evidence of renewal of certification before the expiration date of certification will subject the licensee to disciplinary action.

(3) A waiver for the certifying organization to release the licensee’s certification status and recertification scores to the Board.

(4) An averment that the licensee has been examined by a physician and successfully passed an examination that satisfies the requirements of ASME Volume B 30.5.

(b) Application for renewal of a license without certification by practical examination issued originally under § 6.22 (relating to licensure without certification by practical examination) must be made on forms provided by the Board, and include:

(1) Proof of a passing score on a practical examination administered by NCCCO during the 2-year period immediately preceding the date of the application for renewal.

(2) An averment that the applicant has been examined by a physician and successfully passed an examination that satisfies the requirements of ASME Volume B 30.5.

(3) The results of any assessment administered after the commencement of the previous biennial period of licensure by a program of operator qualification and certification satisfying the requirements of 29 CFR Part 1926 (relating to safety and health regulations for construction).

(c) Application for renewal of a license without certification by experience issued originally under § 6.23 (relating to licensure without certification by experience) must be made on forms provided by the Board, and include:

(1) A record of the applicant’s work experience in the form provided under § 6.23(c) demonstrating 1,600 hours of experience during the 2-year period immediately preceding the date of application for renewal.

(2) An averment that the applicant has been examined by a physician and successfully passed an examination that satisfies the requirements of ASME Volume B 30.5.

(d) The application for renewal must be received by the Board with the required biennial renewal fee before the expiration of the previous biennial registration period.

(e) Renewal of a license without certification under § 6.22 or § 6.23 may be denied for any individual who has been administered an assessment by a program of operator qualification and certification satisfying the requirements of 29 CFR Part 1926, and who has failed the assessment and who has not subsequently obtained a passing score in the same assessment or another assessment that meets the requirements of 29 CFR Part 1926.

This section cited in 49 Pa. Code § 43b.28 (relating to schedule of civil penalties—crane operators).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.33 Initiating and terminating inactive status.

(a) An individual holding a license with certification may request an application for inactive status from the Board.

(b) An individual holding a license without certification issued originally under § 6.22 or § 6.23 (relating to licensure without certification by practical examination; and licensure without certification by experience) may request inactive status for a period not to exceed 5 years less 1 day.

(c) The license will be maintained on inactive status without fee and the individual shall be entitled to apply for a license reactivation at any time.

(d) An individual who applies to reactivate a license that has been placed on inactive status for 5 consecutive years or more shall, prior to receiving an active license, submit satisfactory evidence of current certification and remit the required fee.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.34 Licensee’s change of name or address; service of process and legal papers.

(a) A licensee’s name on file with the Board shall be the name that appears on the license unless that name is legally changed, in which case the licensee shall report the change and the reason for the change to the Board in writing within 10 days.

(b) A licensee who changes an address on file with the Board shall notify the Board in writing within 10 days. Licensees who do not comply with this subsection shall bear full responsibility for failure to receive correspondence from the Board, including biennial renewal notifications.

(c) A licensee’s most recent name and address on file with the Board shall be deemed the licensee’s official name and address for the purposes of service of process and other legal papers.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.41 Unlicensed crane operation.

(a) An individual may not operate a crane, offer one’s services as a crane operator, or hold oneself out as a crane operator unless licensed by the Board.

(b) A person who is not licensed by the Board offers services as a crane operator, or holds oneself out as a crane operator by:

(1) Express words or conduct that the individual is a licensed crane operator.

(2) A failure to disclose that the individual does not possess a license to operate a crane, under circumstances which would require a license.

(3) Words or conduct that the person offering services as a crane operator or holding out as a crane operator has reason to know would cause a third person to reasonably believe that the individual uttering the words or engaging in the conduct is a crane operator, holds a license as a crane operator, or possesses the skill, knowledge, authority or expertise to operate a crane.

This section cited in 49 Pa. Code § 6.16 (relating to licensure by endorsement); and 49 Pa. Code § 43b.28 (relating to schedule of civil penalties—crane operators).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.42 Impaired operation of a crane and reportable conditions, incidents or events.

(a) A crane operator or trainee may not operate a crane if, by reason of physical or mental impairment, the crane operator or trainee cannot reasonably be expected to operate a crane safely or engage in the operation of a crane safely.

(b) A crane operator or trainee shall report to the lift director of the crane which the crane operator or trainee has been employed to operate, or has been retained to operate as an independent contractor, any physical or mental impairment that may reasonably be expected to affect the operation of a crane.

(c) If, in addition to acting as the crane operator, the licensee fulfills the function of a lift director, or another role required under applicable ASME B 30 volumes, the crane operator shall report to a responsible person, such as the property owner, prime contractor, project manager, project superintendent or other person in charge of the premises on which the crane shall be operated, any physical or mental impairment that may reasonably be expected to affect the operation of a crane.

(d) If a crane operator or trainee files a claim for workers’ compensation, Social Security Disability, or for disability benefits under any other policy or program, or commences an action seeking compensation for personal injuries, the crane operator or trainee shall, contemporaneously with the commencement of the claim or action, provide the Board with a copy of the document commencing the claim or action.

(e) If a crane operator or trainee obtains a diagnosis or opinion from a licensed health care practitioner that the crane operator or trainee is subject to a physical, mental or other condition lasting more than 30 days and that may reasonably be expected to affect the operation of a crane, the crane operator or trainee shall notify the Board, in writing within 10 days, of the name of the licensed health care practitioner who provided the opinion, the condition or impairment that has been diagnosed or the opinion that has been rendered, and the prognosis for the condition.

(f) A crane operator shall report in writing to the Board criminal proceedings in a court case against the crane operator within 10 days of the institution of the criminal proceedings. The written report of criminal proceedings under this subsection must include the jurisdiction in which the proceedings have been instituted, the docket number, offense tracking number or other number identifying the criminal proceeding, and the offense or offenses with which the crane operator has been charged. A court case means a case in which one or more of the offenses charged is a misdemeanor, felony, or murder of the first, second, or third degree.

(g) An individual will not be authorized to operate a crane as a trainee if criminal proceedings in a court case have been instituted against that person, unless the individual has petitioned the Board for leave to be authorized to act as a trainee, and the Board has granted the person’s petition.

This section cited in 49 Pa. Code § 6.16 (relating to licensure by endorsement); 49 Pa. Code § 6.44 (relating to standards of conduct, disciplinary action, suspension and revocation); and 49 Pa. Code § 43b.28 (relating to schedule of civil penalties—crane operators).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.43 Aiding and abetting unlicensed crane operation.

(a) Except as provided in § 6.13 (relating to qualifications and supervision of trainees), an individual, corporation, partnership, firm or other entity may not:

(1) Employ an unlicensed individual to operate a crane.

(2) Allow or direct an unlicensed individual to operate a crane.

(3) Retain or hire an unlicensed individual as an independent contractor to operate a crane.

(b) If an individual, corporation, partnership, firm or other entity has been found by the Board on three or more occasions during a 4-year period to have violated subsection (a), the Board may declare the individual, corporation, partnership, firm or other entity to be a chronic aider and abettor of unlicensed crane operation.

(c) The Board may bar all crane operators from accepting employment, or accepting retention as an independent contractor with a chronic aider and abettor of unlicensed crane operation.

(d) An entity which has been declared a chronic aider and abettor of unlicensed crane operation may petition the Board 1 year after being barred to request that the bar be removed.

(e) The Board may impose restrictions on licensees, demand posting of a bond or other security by the petitioner, or place other restrictions on the petitioner to assure future compliance.

This section cited in 49 Pa. Code § 6.16 (relating to licensure by endorsement); and 49 Pa. Code § 43b.28 (relating to schedule of civil penalties—crane operators).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.44 Standards of conduct, disciplinary action, suspension and revocation.

(a) The Board may levy a civil penalty, impose costs of investigation, or refuse, restrict, suspend or revoke a license if the Board finds that an individual subject to its jurisdiction violated the act or this chapter.

(b) The following acts, errors or omissions constitute a violation of the standards of conduct of a crane operator:

(1) Negligent operation of a crane.

(2) Operation of a crane without the ability to use reasonable skill and safety by reason of mental or physical illness or condition.

(3) Operation of a crane while impaired by alcohol, hallucinogenic or narcotic drugs, or another substance that impairs judgment or coordination.

(4) Operation of a crane during a period of time when:

(i) The individual abuses alcohol, hallucinogenic or narcotic drugs, or other substances that impair judgment or coordination.

(ii) The individual is dependent upon alcohol, hallucinogenic or narcotic drugs, or other substances that impair judgment or coordination, and dependence is not in full remission.

(5) Violation of any of the provisions of the act or this chapter.

(6) Commission of fraud or deceit in:

(i) The operation of a crane.

(ii) Securing licensure or certification.

(iii) Securing renewal of licensure or certification.

(7) Conviction of a felony or a crime of moral turpitude, or disposition by probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition in the disposition of a felony or a crime of moral turpitude in the courts of this Commonwealth, the United States or any other state, territory, possession of the United States or any other country.

(8) Violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144) or an equivalent offense under the laws of another jurisdiction.

(9) Failure to operate a crane consistent with the applicable ASME B 30 standard.

(10) Failure to operate a crane in a manner consistent with accepted standards in the industry.

(11) Operation of a crane, engaging in the operation of a crane or continuing to operate a crane, when the crane operator had reason to know of conditions or circumstances under which the crane could not be operated without exposing persons or property to an unreasonable risk of harm.

(12) Violation of a lawful order of the Board.

(13) Failure to properly supervise a trainee.

(14) Failure to report an event, occurrence, injury, property damage, claim, condition, diagnosis, civil action, criminal proceeding or other matter subject to the duty to report in § 6.42 (relating to impaired operation of a crane and reportable conditions, incidents or events).

(15) Failure to follow applicable workplace safety standards of OSHA, or other applicable safety standards of the Commonwealth or another jurisdiction, regardless of whether the violation arose from the operation of a crane.

(16) Conviction or disposition by Accelerated Rehabilitative Disposition or any disposition other than a nonconviction, for a violation of 75 Pa.C.S. § § 3801—3817 (relating to driving after imbibing alcohol or utilizing drugs).

(17) Conviction or disposition by Accelerated Rehabilitative Disposition, or any disposition other than a nonconviction for an offense that involves intentional or reckless conduct that poses an unreasonable risk of bodily harm to others.

(18) Whether or not acting in the capacity of a crane operator, to discharge, discipline or in any manner discriminate against another person with respect to that person’s compensation, terms, conditions or privileges of employment or independent contract, for any of the following reasons:

(i) The other person has refused to operate a crane, or participate in the operation of a crane in a manner which is not in compliance with the act, this chapter, a Federal rule, regulation, standard or order applicable to crane operation, or the applicable ASME B 30 volume.

(ii) The other person, or a person acting under a request of the other person, has filed a complaint or instituted or caused to be instituted any proceeding relating to a violation of the act, this chapter, a Federal rule, regulation, standard or order applicable to crane operation, or the applicable ASME B 30 volume, or has testified or is about to testify in the proceeding.

(iii) The other person refused to participate in the operation of a crane as a rigger, signal person, or in another function related to the operation of a crane when the operation constitutes a violation of the act, this chapter, an applicable ASME B 30 volume, or Federal rules, regulations, standards or orders applicable to crane operation.

(iv) The other person had a reasonable apprehension of serious injury to himself, or to another person due to the unsafe condition of the crane or the unsafe manner in which the crane was to be operated. For purposes of this paragraph, the other person has a reasonable apprehension of serious injury due to the unsafe condition of a crane or the unsafe manner in which a crane is to be operated if:

(A) The condition of the crane or manner of operation is of a nature that a reasonable person, under the circumstances then confronting the other person, would conclude that there is a bona fide danger of an accident, injury or serious impairment of health resulting from the unsafe condition or unsafe manner of operation.

(B) The other person sought from the lift director and was unable to obtain correction of the unsafe condition or unsafe manner of operation.

(c) It shall be an affirmative defense to an allegation of a violation of subsection (b)(1), (9), (10) or (11) that the crane operator acted, or refrained from acting, in justifiable reliance upon the advice, instruction or direction of the site supervisor or the lift director.

(d) It shall be an affirmative defense to an allegation of a violation of subsection (b)(2), (3), (4) or (14) that the crane operator acted, or refrained from acting, in justifiable reliance upon the advice of a licensed health care practitioner.

This section cited in 49 Pa. Code § 6.16 (relating to licensure by endorsement).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.51 Certifying organizations.

An organization may apply to the Board in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) for approval to issue certification under the act.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.52 Application for approval as a certifying organization.

(a) An entity seeking to issue certification under the act shall submit, in writing, an application in a form prescribed by the Board that avers, under penalty for unsworn falsification to authorities at 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), the following:

(1) The name and business address of the applicant.

(2) The name and title of the individual authorized to act as the applicant’s agent.

(3) The name, title and principal business address of each individual who is an officer of the applicant.

(4) The type of corporate organization and the state in which the applicant is incorporated or organized.

(5) The names and addresses of any parent or subsidiary entities of the applicant.

(6) The names and addresses of each entity that is affiliated with the applicant. For purposes of this section, ‘‘entity which is affiliated with the applicant’’ means an entity having common or interlocking ownership with the applicant, or with a parent or subsidiary of the applicant.

(7) Whether the applicant or any of the entities identified in paragraph (5) or (6) offer a program of training or education in crane operation.

(8) Whether the applicant is accredited by ANSI, NCCA, or both.

(9) A description of the testing and certification program administered by the applicant.

(10) Whether the applicant has entered into a voluntary agreement with OSHA for the purpose of recognizing its program as a validation of the competency and certification of the qualifications of crane operators.

(11) Each crane type described in ASME Volume B 30 for which the applicant requests approval to issue certification.

(12) Each function or occupation other than crane operator and which is related to the operation of a crane, for which the applicant issues certification.

(13) An averment that the applicant’s testing and certification program is equivalent to the testing and certification program used by NCCCO.

(14) Whether the applicant, a parent entity, subsidiary entity or an entity affiliated with the applicant has been subject to disciplinary action in another jurisdiction, or has been the subject of civil or criminal proceedings in this Commonwealth or another jurisdiction, and if so, the jurisdiction, the nature of the claims or charges, the disposition and the docket or case number of the disciplinary action, civil proceedings or criminal proceedings.

(b) The organization shall attach to its application as an exhibit, and incorporate by reference, a copy of any documents upon which the applicant’s accreditation has been based, and the applicant’s agreement with OSHA.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.53 Required and discretionary bases for disapproval of an application as a certifying organization; bases for approval; and terms of equivalence to NCCCO.

(a) The Board will deny an application for approval as a certifying organization on the basis that it is not equivalent to certification issued by NCCCO for any one or more of the following reasons:

(1) The applicant is not accredited by ANSI or NCCA.

(2) The applicant is not a party to a voluntary agreement with OSHA for the purpose of recognizing its program as a validation of the competency and certification of the qualifications of crane operators.

(3) The applicant has failed to verify the statements in the application.

(4) The applicant has made a material statement on its application that it knows or has reason to know is false.

(5) The applicant’s program of testing and certification does not satisfy the requirements in ASME Volume B 30 for operator qualification and certification, and interpretations issued by ASME.

(6) The applicant’s program of testing and certification does not satisfy the requirements of 29 CFR 1926.1427 (relating to operator qualification and certification).

(b) The Board may deny an application for approval as a certifying organization if the Board finds that the applicant, its parent, its subsidiary, or an entity affiliated with the applicant has been the subject of disciplinary action in another jurisdiction, or has been found in a civil proceeding or criminal proceeding to have been engaged in fraudulent conduct, misrepresentation, unfair commercial or consumer practices, breach of contract or negligence.

(1) Offers a program of testing and certification that is equivalent to the program of testing and certification offered by NCCCO, as defined in subsection (d).

(2) Has not been the subject of disciplinary action in another jurisdiction, or has been found in a civil proceeding or criminal proceeding to have been engaged in fraudulent conduct, misrepresentation, unfair commercial or consumer practices, breach of contract or negligence.

(d) A program of testing and certification is equivalent to the program of testing and certification offered by NCCCO if:

(1) It is accredited by ANSI or NCCA.

(2) It has entered into a voluntary agreement with OSHA for the purpose of recognizing its program as a validation of the competency and certification of the qualifications of crane operators.

(3) It satisfies the requirements of ASME Volume B 30 for operator qualification and certification, and interpretations issued by ASME.

(4) It satisfies the requirements in 29 CFR 1926.1427.

This section cited in 49 Pa. Code § 6.54 (relating to determination of application for approval as a certifying organization).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.54 Determination of application for approval as a certifying organization.

(a) Upon receipt of an application for approval, the Board will make a determination of completeness of the application.

(b) If the Board has made a determination that the application is incomplete, but the completed portion of the application demonstrates on its face that the applicant’s program is not equivalent to NCCCO certification according to the criteria in § 6.53(d) (relating to required and discretionary bases for disapproval of an application as a certifying organization; bases for approval; and terms of equivalence to NCCCO), the Board will deny the application, advise the applicant in writing of the deficiencies or incompleteness, and the specific grounds on which a determination that the program is not equivalent to NCCCO certification, and advise the applicant of its right to file within 30 days a request for a hearing before the Board, together with supplementation to complete the application.

(c) If the application is incomplete, and the completed portion of the application does not demonstrate that the applicant’s program is not equivalent to NCCCO certification, the Board will advise the applicant in writing of the deficiencies or incompleteness, and advise the applicant of its right to supplement the application within 30 days.

(d) If the application is complete, or if the application is incomplete but the applicant has not supplemented the application within 30 days, or if the applicant entity has not requested a continuance of the Board’s consideration, the Board may refer the application for review to an appropriate and qualified individual or firm to independently evaluate and review the application for equivalence to NCCCO certification as defined in § 6.53(d) or the Board may issue an order approving or provisionally denying the application.

(e) If the Board refers the application for an independent evaluation and review, the review will be completed within 60 days with a written opinion provided to the Board by the evaluator expressing an opinion as to the applicant entity’s equivalence to NCCCO certification, and a copy of the opinion to the applicant entity.

(f) Upon consideration of the written opinion of the independent evaluation and review, or if the Board has not referred the application for an independent evaluation and review, the Board will enter an appropriate order to approve, schedule a hearing, or provisionally deny the application.

(g) If the Board provisionally denies the application, the Board will advise the applicant of its right to file within 30 days a request for a hearing.

(h) Upon filing of a request for a hearing under subsection (b) or (g), the Board will schedule the matter for a hearing.

(i) After a hearing the Board may:

(1) Grant approval to issue certification for all crane types described in ASME Volume B 30 as requested in the application.

(2) Grant approval to issue one or more, but less than all certifications for crane types described in ASME Volume B 30 as requested in the application.

(3) Deny approval to issue any certifications requested in the application.

(j) The applicant shall have the burden of proving that its testing and certification program is equivalent to NCCCO as provided in § 6.53(d).

(k) If the applicant does not request a hearing within 30 days as provided in subsection (b) or (g), the Board will issue a final order denying the application.

(l) An applicant that has been denied approval may re-apply for approval as a certifying organization.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.55 Order granting an application for approval as a certifying organization.

(a) An order granting an application for approval as a certifying organization will include:

(1) The legal name of the certifying organization.

(2) The date on which the application was approved.

(3) The date on which the order was entered.

(4) Each crane type described in ASME Volume B 30 for which the Board has granted approval.

(5) A statement of authorization that the certifying organization may hold itself out as a certifying organization in this Commonwealth.

(6) A statement that the certifying organization shall notify within 10 days, in writing, the Board and to each individual holding its certification, any change to its accreditation by NCCA or ANSI.

(7) A statement that the certifying organization shall immediately and voluntarily cease and desist from issuing certifications, or holding itself out as a certifying organization in this Commonwealth upon a determination suspending, withdrawing or terminating its accreditation by NCCA or ANSI.

(8) A statement that the certifying organization shall submit to the Board within 30 days of receipt from NCCA or ANSI a copy of each certificate of renewal of accreditation.

(9) A statement that the certifying organization shall comply with all revisions to applicable ASME B 30 standards and 29 CFR 1926.1427 (relating to operator qualification and certification).

(10) A statement that the authorization to issue certifications in this Commonwealth granted by the order to approve the application is not transferable.

(b) An order granting approval of a certifying organization will cease to be effective by operation of law upon either of the following conditions:

(1) The failure of the certifying organization to comply with the obligations in subsection (a)(6), (7), (8) or (9).

(2) A suspension, withdrawal or termination of accreditation by NCCA or ANSI.

This section cited in 49 Pa. Code § 6.56 (relating to petition to terminate approval as a certifying organization).

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

49 Pa. Code § 6.56 Petition to terminate approval as a certifying organization.

(a) The Commonwealth may file a petition to terminate approval as a certifying organization for any one of the following reasons:

(1) Upon information and belief that the certifying organization has failed to satisfy the conditions of § 6.55(b) (relating to order granting an application for approval as a certifying organization).

(2) Upon information and belief that the order granting the application for approval as a certifying organization was granted based upon a misrepresentation of a material fact by the applicant which neither the Board nor the Commonwealth knew or had reason to know at the time the order was issued.

(3) Upon information and belief that:

(i) The certifying organization has terminated its existence.

(ii) The certifying organization has ceased to be qualified to do business in this Commonwealth.

(iii) The certifying organization has ceased to offer its certification to residents of this Commonwealth.

(b) A petition to terminate approval as a certifying organization must include:

(1) A copy of any writing upon which the petition is based.

(2) A notice to plead demanding an answer to the allegations of the petition, and advising the certifying organization of its rights under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

(3) If the Commonwealth requests immediate suspension of the certifying organization’s approval, the petition must include allegations demonstrating an immediate risk of harm to the public or persons holding certification from the respondent certifying organization.

(c) Within 20 days of service of the petition to terminate approval as a certifying organization, the certifying organization shall file a written answer to the petition admitting or denying each allegation and setting forth any affirmative defenses.

(d) Upon close of the pleadings, the Board will issue an order scheduling the matter for a hearing at the next available regularly scheduled board meeting, or delegate the matter to a hearing examiner.

(e) If the Board grants the petition to terminate approval as a certifying organization, the Board may, if otherwise authorized by statute, levy the costs of investigation upon the certifying organization.

History

Authority: The provisions of this Chapter 6 issued under sections 302 and 2102 of the Crane Operator Licensure Act (63 P.
Source: The provisions of this Chapter 6 adopted December 10, 2010, effective December 11, 2010, 40 Pa.

Chapter 7 State Board of Cosmetology

49 Pa. Code § 7.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 507—527), known as the Cosmetology Law. Board—The State Board of Cosmetology. Booth space—The area of a salon in which a licensed cosmetologist or a holder of a limited license provides to a client a service for which a license is required under the act. Braiding—Intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, including extending the hair with natural or synthetic hair fibers. Bureau—The Bureau of Professional and Occupational Affairs in the Department of State. Cosmetologist—A licensed individual who is engaged in the practice of cosmetology. Cosmetology—

(i) Any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof.

(ii) The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics. Department—The Commissioner of Professional and Occupational Affairs in the Department of State. Esthetics—

(i) The practice of massaging the face, applying cosmetic preparations, antiseptics, tonics, lotions or creams to the face, removing superfluous hair by tweezers, depilatories or waxes, eyelash perming and the dyeing of eyelashes and eyebrows.

(ii) The term includes the use of industry standard mechanical and electrical apparatus and appliances in the practice of esthetics. Esthetician—An individual licensed by the Board to practice esthetics. Lavatory—A working toilet and a working sink with hot and cold running water that are located in a separate room that affords privacy to the user. Limited license—A license issued by the Board to an individual which permits that individual to engage in the practice of esthetics, natural hair braiding or nail technology. Limited practice salon—A salon licensed by the Board for the provision of esthetician services, nail technology services or natural hair braiding services only. Limited practice teacher—A teacher licensed by the Board for the purpose of providing instruction in the area of esthetics, nail technology or natural hair braiding only. Nail technician—An individual licensed by the Board to engage in the practice of nail technology. Nail technology—The practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual’s elbow, massaging the feet of an individual or the lower legs of an individual up to the individual’s knee, or a combination of these acts. Natural hair braider—An individual licensed by the Board to engage in the practice of natural hair braiding. Natural hair braiding—

(i) The practice of utilizing techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair. The term includes the application of heat by the use of a straightening comb, ceramic iron or similar appliance to prepare the hair for manipulation.

(ii) The term does not include cutting the hair or the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of hair. School of cosmetology—Any individual, partnership, association, business corporation, nonprofit corporation, municipal corporation, school district or any group of individuals however organized whose purpose is to provide courses of instruction in cosmetology or the teaching of cosmetology. School district—A school district, joint vocational school or department, area vocational-technical school or technical institute providing vocational education under Article XVIII of the Public School Code of 1949 (24 P.S. § § 18-1801—18-1855). Tanning units—Equipment that utilizes ultraviolet light for the purpose of cosmetic tanning.

The provisions of this § 7.1 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.1 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324152).

This section cited in 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons); and 49 Pa. Code § 20.62 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.2 Fees.

(a) An applicant for initial application and registration shall pay the following fees:

(b) An applicant for biennial renewal shall pay the following fees:

The provisions of this § 7.2 amended under sections 5, 11, 12, 13(6), 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P.S. § § 511, 517, 518, 519(6), 520 and 522); and section 812.1(a)—(c) of The Administrative Code of 1929 (71 P.S. § 279.3a(a)—(c)).

The provisions of this § 7.2 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1922; amended December 26, 1986, effective December 27, 1986, except provisions relating to biennial renewal of cosmetologist’s license, biennial renewal of a manicurist’s license and biennial renewal of a cosmetology shop’s license shall be retroactive to December 15, 1986, 16 Pa.B. 4975; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5326; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 226; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1807; amended July 24, 1992, effective July 25, 1992, 22 Pa.B. 3863; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1718; corrected October 20, 1995, effective April 10, 1993, 25 Pa.B. 4522; amended January 26, 1996, effective January 27, 1996, and apply to examinations administered on and after January 1, 1996, 26 Pa.B. 325; amended May 23, 1997, effective May 24, 1997, and apply to examinations administered in July 1997 and thereafter; amended September 10, 1999, effective immediately and apply to examinations administered on and after September 1, 1999, 29 Pa.B. 4783; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5447; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6520; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219; corrected September 7, 2012, effective January 10, 2009, 42 Pa.B. 5736; amended April 11, 2014, application fees effective April 12, 2014, biennial renewal fees implemented with license renewals due by January 31, 2015, 44 Pa.B. 2244; amended November 4, 2022, application fees effective November 5, 2022, and then on July 1, 2024, biennial renewal fees effective November 5, 2022, and then on July 1, 2024, 52 Pa.B. 6846. Immediately preceding text appears at serial pages (371676) to (371677).

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions); 49 Pa. Code § 7.32a (relating to contents of examination application); 49 Pa. Code § 7.32g (relating to issuance of temporary licenses to qualified examination applicants); 49 Pa. Code § 7.42 (relating to lost or misplaced licenses and permits); 49 Pa. Code § 7.43 (relating to expiration and renewal of licenses); 49 Pa. Code § 7.44 (relating to escrow of inactive license); 49 Pa. Code § 7.51 (relating to application for a salon license); 49 Pa. Code § 7.52 (relating to change of location or physical dimensions); 49 Pa. Code § 7.53 (relating to change of ownership); 49 Pa. Code § 7.111 (relating to application for a school license); and 49 Pa. Code § 7.113b (relating to change of school location, ownership, fictitious name or supervisor).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.11 Types of individual licenses.

The following licenses are issued by the Board to qualified individuals under the act:

(1) Cosmetology teacher.

(2) Limited practice teacher.

(3) Cosmetologist.

(4) Esthetician.

(5) Nail technician.

(6) Natural hair braider.

The provisions of this § 7.11 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.11 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324154).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.12 Scope of teacher’s license.

An individual holding a cosmetology teacher license is qualified, without further licensure, to perform the functions of a teacher, cosmetologist, esthetician, nail technician or natural hair braider.

The provisions of this § 7.12 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.12 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324154).

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.12a Scope of limited practice teacher license.

(a) An individual holding a limited practice teacher license in esthetics is qualified, without further licensure, to teach esthetics in a licensed school of cosmetology and to perform the functions of an esthetician.

(b) An individual holding a limited practice teacher license in nail technology is qualified, without further licensure, to teach nail technology in a licensed school of cosmetology and to perform the functions of a nail technician.

(c) An individual holding a limited practice teacher license in natural hair braiding is qualified, without further licensure, to teach natural hair braiding in a licensed school of cosmetology and to perform the functions of a natural hair braider.

The provisions of this § 7.12a adopted under sections 11 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 507—527).

The provisions of this § 7.12a adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.14 Scope of cosmetologist’s license.

An individual holding a cosmetologist license is qualified, without further licensure, to perform the functions of a cosmetologist, esthetician, nail technician or natural hair braider.

The provisions of this § 7.14 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.14 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective Janaury 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324155).

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.14a Scope of esthetician’s license.

An individual holding an esthetician license is qualified to perform esthetician services only.

The provisions of this § 7.14a issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.14a adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324155) to (324156).

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.15 Scope of manicurist’s license.

An individual holding a nail technician license is qualified to perform nail technology services only.

The provisions of this § 7.15 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.15 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324156).

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.17 Scope of natural hair braider license.

An individual holding a natural hair braider license is qualified to perform natural hair braiding services only.

The provisions of this § 7.17 adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

This section cited in 49 Pa. Code § 7.31 (relating to examination prerequisite for licensure; exceptions).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.31 Examination prerequisite for licensure; exceptions.

(a) Except as provided in subsections (b) and (c), an individual who wants to obtain a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license listed in § § 7.12—7.17 shall pass the examination required by the Board for that license.

(b) An individual who meets the criteria for licensure by reciprocity under section 9 of the act (63 P. S. § 515) may obtain a license without examination.

(1) Submits the application adopted by the Board.

(2) Pays the required licensing fee in § 7.2 (relating to fees).

(3) Provides proof that the applicant has practiced natural hair braiding for 3 consecutive years immediately prior to the date of the application for licensure.

(i) Proof of practice requires that the applicant provide tax records of employment and an affidavit from the applicant and the applicant’s immediate supervisor, where applicable, verifying the applicant’s practice of natural hair braiding for 3 consecutive years immediately prior to the date of the licensure application.

(ii) The Board will accept the information provided and will impose no penalty upon the applicant for failure to comply with the licensing provisions in section 2 of act (63 P. S. § 508), that the applicant committed prior to September 5, 2006, which is the effective date of the act of July 7, 2006 (P. L. 704, No. 99).

The provisions of this § 7.31 amended under sections 5, 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. § 279.3a(a)—(c)).

The provisions of this § 7.31 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324156).

This section cited in 49 Pa. Code § 7.43 (relating to expiration and renewal of licenses).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.31a Examination dates and locations.

Licensing examinations are given monthly in Philadelphia, Pittsburgh, Harrisburg and additional locations established by the examination administrator after consultation with the Board.

The provisions of this § 7.31a added under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.31a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324157).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32 Deadline for examination applications.

(a) The deadline for submitting an examination application is 1 month prior to the testing date for the specific location where the applicant intends to take the exam, a date established by the examination administrator.

(b) The application of a first-time examinee will not be processed unless the application is property completed as set forth in § 7.32a (relating to contents of examination).

(c) A first-time examinee shall complete and pass both the theoretical and practical portions of the exam within 1 year of the date the first portion is passed. If the exam provider changes, the Board retains the discretion to grant exceptions to this 1-year requirement to facilitate the transition from one exam provider to another.

The provisions of this § 7.32 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.32 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324157).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32a Contents of examination application.

(a) The application of a first-time examinee must include the following:

(1) Proof of having met the requirements for the examination applied for as set forth in § § 7.32b—7.32h.

(2) A physician’s certification that the applicant is free from contagious, communicable or infectious diseases.

(3) The examination fee set by the professional testing organization and the license fee prescribed in § 7.2 (relating to fees).

(b) The application of a reexaminee shall be accompanied by the examination fee set by the professional testing organization.

The provisions of this § 7.32a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517); amended under sections 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. § 279.3a(a)—(c)).

The provisions of this § 7.32a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceeding text appears at serial pages (324157) to (324158).

This section cited in 49 Pa. Code § 7.32 (relating to deadline for examination applications).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32b Requirements for teacher’s examination.

(a) An applicant for the cosmetology teacher examination shall:

(1) Be 18 years of age or older.

(2) Have completed a 12th grade education or its equivalent.

(3) Possess a current cosmetologist license.

(4) Have completed a minimum of 500 hours of instruction in a cosmetology teacher curriculum provided by a licensed school of cosmetology.

(b) An applicant for the limited practice teacher examination in esthetics, nail technology or natural hair braiding shall:

(1) Be 18 years of age or older.

(2) Have completed a 12th grade education or its equivalent.

(3) Possess a current limited license in the relevant limited practice field.

(4) Have completed a minimum of 500 hours of instruction in a cosmetology teacher or limited practice teacher curriculum provided by a licensed school of cosmetology.

(c) An applicant who has already obtained a limited practice teacher license in one of the limited practice fields and desires to obtain a limited practice teacher license in an additional limited practice field shall:

(1) Meet the requirements in subsection (b) for the additional limited practice field.

(2) Successfully complete the practical portion of the teacher examination for the additional limited practice field in which the applicant desires to become a licensed teacher.

The provisions of this § 7.32b issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.32b adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324158).

This section cited in 49 Pa. Code § 7.32a (relating to contents of examination application).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32d Requirements for cosmetologist’s examination.

(a) An applicant for the cosmetologist examination who holds no limited licenses shall:

(1) Be 16 years of age or older.

(2) Except as provided in subsection (b), have done one of the following:

(i) Completed a 10th grade education or its equivalent.

(ii) Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

(3) Have done one of the following:

(i) Completed a minimum of 1,250 hours of instruction in cosmetology, within a period of not less than 8 consecutive months, as a day-time student in a licensed school of cosmetology.

(ii) Completed a minimum of 1,250 hours of instruction in cosmetology, within a period of not less than 15 consecutive months, as a night-time student in a licensed school of cosmetology.

(iii) Completed 2,000 hours of training in a Board-approved cosmetology apprentice program.

(b) Subsection (a)(2), does not apply to an applicant who is one of the following:

(1) A veteran.

(2) Thirty-five years of age or older.

(c) An applicant for the cosmetologist examination who holds one or more active limited licenses issued by the Board and who obtained educational credits through a licensed cosmetology school will be given credit for the number of educational hours obtained to qualify for the active limited license or licenses as follows:

(1) An applicant who holds an active esthetician license will be given credit for up to 160 hours toward the total cosmetology training program of 1,250 hours.

(2) An applicant who holds an active nail technician license will be given credit for up to 100 hours toward the total cosmetology training program of 1,250 hours.

(3) An applicant who holds an active natural hair braider license will be given credit for up to 125 hours toward the total cosmetology training program of 1,250 hours.

(d) An applicant seeking credit for educational credits under subsection (c) shall complete the total of 1,250 cosmetology training hours, including those already completed in the limited license practice field for which the applicant is seeking credit, within 4 consecutive years.

The provisions of this § 7.32d issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.32d adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324159).

This section cited in 49 Pa. Code § 7.32a (relating to contents of examination application).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32e Requirements for esthetician examination.

(a) An applicant for the esthetician examination shall:

(1) Be 16 years of age or older.

(2) Except as provided in subsection (b), have done one of the following:

(i) Completed a 10th grade education or its equivalent.

(ii) Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

(3) Have completed a minimum of 300 hours of instruction in skin care in a licensed school of cosmetology.

(b) Subsection (a)(2) does not apply to an applicant who is one of the following:

(1) A veteran.

(2) Thirty-five years of age or older.

The provisions of this § 7.32e issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.32e adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324159) to (324160).

This section cited in 49 Pa. Code § 7.32a (relating to contents of examination application).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32f Requirements for nail technician examination.

(a) An applicant for the nail technician examination shall:

(1) Be 16 years of age or older.

(2) Except as provided in subsection (b), have done one of the following:

(i) Completed a 10th grade education or its equivalent.

(ii) Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

(3) Have completed a minimum of 200 hours of instruction in nail technology in a licensed school of cosmetology.

(b) Subsection (a)(2) does not apply to an applicant who is one of the following:

(1) A veteran.

(2) Thirty-five years of age or older.

The provisions of this § 7.32f issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.32f added May 24, 1991, effective May 25,1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324160).

This section cited in 49 Pa. Code § 7.32a (relating to contents of examination application).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32g Issuance of temporary licenses to qualified examination applicants.

(a) A temporary license may be issued to an applicant who is eligible for admission to the cosmetologist examination or to any limited license examination and who pays the examination fee set by the professional testing organization and the license fee prescribed in § 7.2 (relating to fees). The purpose of a temporary license is to allow an otherwise qualified applicant to practice pending the applicant’s scoring a passing grade on the examination.

(b) A temporary license is valid for 9 months.

(c) The holder of a temporary cosmetologist license shall practice under the supervision of a licensed cosmetology teacher or cosmetologist. The holder of a temporary limited license shall practice under the supervision of a licensed cosmetology teacher, cosmetologist, limited practice teacher in the corresponding limited practice field or holder of a corresponding limited license.

The provisions of this § 7.32g issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522); amended under sections 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. § 279.3a(a)—(c)).

The provisions of this § 7.32g adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324160).

This section cited in § 7.32a (relating to contents of examination application).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.32h Requirements for natural hair braider examination.

(a) An applicant for the natural hair braider examination shall:

(1) Be 16 years of age or older.

(2) Except as provided in subsection (b), have done one of the following:

(i) Completed a 10th grade education or its equivalent.

(ii) Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

(3) Have completed a minimum of 300 hours of Board-approved subject relating to sanitation, scalp care, anatomy and natural hair braiding in a licensed school of cosmetology.

(b) Subsection (a)(2) does not apply to an applicant who is one of the following:

(1) A veteran.

(2) Thirty-five years of age or older.

The provisions of this § 7.32h issued under section 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § 511).

The provisions of this § 7.32h adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

This section cited in 49 Pa. Code § 7.32a (relating to contents of examination application).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.34 Models for practical portion of examination.

An examinee taking the practical part of the esthetics examination shall bring with him a live model. An examinee taking the practical part of any other exam shall bring a mannequin.

The provisions of this § 7.34 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.34 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201679).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.35 Failure of examination.

An examinee who fails either the practical or theoretical part of the examination for a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license will be required to retake and pass the failed portion of the examination within 1 year of the date the examinee takes and passes the other portion of the examination.

The provisions of this § 7.35 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.35 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201679).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.41 Display of licenses.

(a) A salon license issued by the Board shall be displayed in a conspicuous place within the business premises of the salon.

(b) An individual license shall be readily available for inspection by the public or representatives of the Board at the place of business or employment of the individual holding the license.

The provisions of this § 7.41 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.41 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201679) to (201680).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.42 Lost or misplaced licenses and permits.

A licensee or permit holder shall immediately notify the Board when the license or permit has been lost or misplaced and submit the fee for a duplicate license or permit prescribed in § 7.2 (relating to fees).

The provisions of this § 7.42 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.42 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135622).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.43 Expiration and renewal of licenses.

(a) Licenses issued by the Board expire at biennial intervals. A license renewal notice is mailed to each licensee approximately 4 weeks before the license expiration date. Renewal of the license is accomplished by submission of the license renewal application and the license renewal fee prescribed in § 7.2 (relating to fees).

(b) A licensee who fails to file the biennial renewal application or pay the required biennial renewal fee by the renewal date shall have the license classified as unregistered. As long as a licensee holds an unregistered license, the licensee is not permitted to practice in this Commonwealth. A licensee who practices during a period in which the license was unregistered shall be required to pay a penalty fee of $5, as prescribed in § 7.2, for each month or part of a month that the licensee practices since the expiration of the biennial renewal and may be subject to disciplinary proceedings before the Board or criminal prosecution, or both.

(c) Within 2 years of the initial issuance of a natural hair braider license issued without examination under § 7.31(c) (relating to examination prerequisite for licensure; exceptions), the natural hair braider licensee shall provide to the Board a certified copy of a school transcript, a certified copy of a scholastic record required by § 7.119 (relating to student records), or an equivalent document certified by a licensed school of cosmetology, that demonstrates that the licensee has completed 150 hours of education from a licensed school of cosmetology as a condition of renewal of the license. The 150 hours of education must include, at a minimum:

(1) Fifty hours in scalp care.

(2) Fifty hours in hygiene.

(3) Twenty-five hours in occupational safety, the provisions of the act and this chapter.

(4) Twenty-five hours in natural hair braiding techniques, such as locking and weaving.

The provisions of this § 7.43 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.43 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201680).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.44 Escrow of inactive license.

A licensee who ceases performing licensed activities shall promptly request the Board in writing to place the license in escrow. An escrowed license may be reactivated upon written application and payment of the license renewal fee prescribed in § 7.2 (relating to fees), unless the period of escrow occurred within a biennial interval.

The provisions of this § 7.44 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.44 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.45 Reexamination if the license is not current for 5 or more years.

The holder of a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license that has been expired or in escrow for at least 5 years shall retake and pass the practical part of the examination for that license before submitting a renewal application.

The provisions of this § 7.45 issued under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.45 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324161).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.50 Applicability of requirements.

The requirements of § § 7.51—7.53, 7.65 and 7.71—7.71b, 7.75—7.78, 7.81 and 7.82, apply equally to cosmetology salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.

The provisions of this § 7.50 issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511, 517, 520 and 522).

The provisions of this § 7.50 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324161).

This section cited in 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.51 Application for a salon license.

(a) An owner-applicant for a salon license shall submit a license application to the Board with the following:

(1) A sketch plan showing the layout of the salon, including the position of the doors, windows, partitions, shampoo basins, lavatories, adjustable chairs and other floor equipment.

(2) The name and license number of the individual who will be the designated person in charge of the salon in the absence of the owner.

(3) The salon license fee prescribed in § 7.2 (relating to fees).

(b) A license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the application and the salon has been inspected by a Bureau inspector for compliance with the facility requirements of this chapter. If the inspector determines that the salon meets the facility requirements of the act and this chapter, a license will be issued.

The provisions of this § 7.51 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.51 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324162).

This section cited in 49 Pa. Code § 7.50 (relating to applicability of requirements); 49 Pa. Code § 7.52 (relating to change of location or physical dimensions); and 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.52 Change of location or physical dimensions.

(a) A salon license is valid only for the location stated on the license. The owner of a salon who wishes to change its location shall submit an application to the Board for a change of salon location together with the information required in § 7.51 (relating to application for salon license) and the fee for change of salon location prescribed in § 7.2 (relating to fees). The application will be processed in the manner prescribed by § 7.51.

(b) A salon owner shall submit to the Board for its approval a sketch plan of any proposed change in the physical dimensions of the salon.

The provisions of this § 7.52 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.52 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324162) to (324163).

This section cited in 49 Pa. Code § 7.50 (relating to applicability of requirements); and 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.53 Change of ownership.

The owner of a salon shall immediately notify the Board in writing of a change in the controlling ownership of the salon. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for change of license and the fee for change of license prescribed in § 7.2 (relating to fees).

The provisions of this § 7.53 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.53 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324163).

This section cited in 49 Pa. Code § 7.50 (relating to applicability of requirements); and 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.62 Management of salons.

(a) A cosmetology salon shall be managed by the salon owner or, in the absence of the salon owner, a person in charge designated by the salon owner.

(b) The designated person in charge shall be a licensed cosmetologist, except as follows:

(1) In the case of an esthetician salon, the designated person in charge may be either a licensed cosmetologist or a licensed esthetician.

(2) In the case of a nail technology salon, the designated person in charge may be either a licensed cosmetologist or a licensed nail technician.

(3) In the case of a natural hair braiding salon, the designated person in charge may be either a licensed cosmetologist or a licensed natural hair braider.

(c) Both the owner and the designated person in charge are responsible for posting the name of the owner or designated person in charge in a conspicuous place in the salon as required by section 4.4(b) of the act (63 P.S. § 510.4(b)).

(d) The owner or designated person in charge of the salon shall be readily available in person to Bureau inspectors during regular business hours.

The provisions of this § 7.62 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.62 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324164).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops); and 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.64 Responsibilities of salon owner or designated person in charge.

(a) The primary responsibilities of a salon owner and designated person in charge are the administration of the business and personnel affairs of the salon and to assure compliance within the salon with all laws of the Commonwealth, this chapter and the Pennsylvania Human Relations Act (43 P.S. § § 951—963).

(b) A salon owner or designated person in charge will be subject to disciplinary action by the Board for a violation of the act or this chapter committed by a licensed employee of the salon, if the owner or designated person in charge had knowledge of, or control over, the violation or should have had knowledge or control.

The provisions of this § 7.64 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.64 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324164) to (324165).

This section cited in 49 Pa. Code § 7.62 (relating to management of cosmetology shop); 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons); and 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.65 Rental of booth space.

The rental of booth space within a salon is prohibited.

The provisions of this § 7.65 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.65 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324165).

This section cited in 49 Pa. Code § 7.50 (relating to applicability of requirements); and 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.66 Discrimination.

It is prohibited for any person to refuse, withhold from, or deny to any person because of the person’s race, color, religious creed, ancestry or National origin, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of a cosmetology, esthetician, nail technology or natural hair braiding salon.

The provisions of this § 7.66 issued under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.66 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324165).

This section cited in 49 Pa. Code § 7.150 (relating to practice of massage therapy in cosmetology or esthetician salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.71 Equipment and supplies for a cosmetology salon.

(a) A cosmetology salon must contain the following equipment, which is considered the minimum equipment needed for a salon with one cosmetologist:

(1) One adjustable chair.

(2) One styling station with mirror.

(3) One labeled first aid kit containing the following items:

(i) An antiseptic.

(ii) Cotton balls.

(iii) Protective plastic or latex gloves.

(iv) A blood spill kit.

(v) A hazardous waste bag.

(vi) Eyewash.

(vii) Burn ointment.

(viii) Plastic or latex bandage strips of varying sizes and shapes.

(ix) Sterile gauze pads.

(4) One dryer or blow dryer.

(5) One shampoo tray or basin.

(6) Twelve combs and twelve brushes.

(7) One covered waste container.

(8) A closed storage area for soiled linen.

(9) One timer clock.

(10) One closed towel cabinet for clean linen.

(11) A closed container for sanitized implements.

(12) One wet sanitizer.

(13) A reception desk.

(14) Twelve sanitary towels for each styling station in the salon.

(15) One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.

(16) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

(b) For each additional cosmetologist, supplies and equipment shall be increased so that each cosmetology can render services safely and efficiently.

The provisions of this § 7.71 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.71 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324166).

This section cited in 49 Pa. Code § 7.50 (relating to applicability of requirements); and 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.71a Equipment and supplies for esthetician salon.

(a) An esthetician salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one esthetician:

(1) One adjustable chair.

(2) One work station with mirror.

(3) One labeled first aid kit containing the following items:

(i) An antiseptic.

(ii) Cotton balls.

(iii) Protective plastic or latex gloves.

(iv) A blood spill kit.

(v) A hazardous waste bag.

(vi) Eyewash.

(vii) Burn ointment.

(viii) Plastic or latex bandage strips of varying sizes and shapes.

(ix) Sterile gauze pads.

(4) One covered waste container.

(5) A closed storage for soiled linen.

(6) One closed towel cabinet for clean linen.

(7) One timer clock.

(8) A closed container for sanitized implements.

(9) One wet sanitizer.

(10) One dry sterilizer.

(11) A reception desk.

(12) Twelve sanitary towels for each work station in the salon.

(13) One sink with hot and cold running water that is readily accessible to each work station in the work area of the salon.

(14) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

(b) For each additional esthetician, equipment and supplies shall be increased so that each esthetician can render services safely and efficiently.

The provisions of this § 7.71a issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.71a adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324166) and (201687).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.71b Equipment and supplies for a nail technology salon.

(a) A nail technology salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one nail technician:

(1) One chair for use in manicure and pedicure.

(2) One manicure table with light, chair and stool.

(3) One pedicure basin and stand.

(4) One labeled first aid kit containing the following items:

(i) An antiseptic.

(ii) Cotton balls.

(iii) Protective plastic or latex gloves.

(iv) A blood spill kit.

(v) A hazardous waste bag.

(vi) Eyewash.

(vii) Burn ointment.

(viii) Plastic or latex bandage strips of varying sizes and shapes.

(ix) Sterile gauze pads.

(5) One covered waste container.

(6) A closed storage area for soiled linen.

(7) One closed towel cabinet for clean linen.

(8) Twelve sanitary towels for each work station in the salon.

(9) One wet sanitizer.

(10) A closed container for sanitized implements.

(11) A reception desk.

(12) One sink with hot and cold running water that is readily accessible to each work station in the work area of the salon.

(13) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

(b) For each additional nail technician, equipment and supplies shall be increased so that each nail technician can render services safely and efficiently.

The provisions of this § 7.71b issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.71b adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201687) to (201688).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.71c Equipment and supplies for a natural hair braiding salon.

(a) A natural hair braiding salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one natural hair braider:

(1) One adjustable chair.

(2) One styling station with mirror.

(3) One labeled first aid kit containing the following items:

(i) An antiseptic.

(ii) Cotton balls.

(iii) Protective plastic or latex gloves.

(iv) A blood spill kit.

(v) A hazardous waste bag.

(vi) Eyewash.

(vii) Burn ointment.

(viii) Plastic or latex bandage strips of varying sizes and shapes.

(ix) Sterile gauze pads.

(4) One dryer or blow dryer.

(5) One shampoo tray or basin.

(6) Twelve combs and twelve brushes.

(7) One covered waste container.

(8) A closed storage area for soiled linen.

(9) One closed towel cabinet for clean linen.

(10) A closed container for sanitized implements.

(11) One wet sanitizer.

(12) A reception desk.

(13) Twelve sanitary towels for each styling station in the salon.

(14) One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.

(15) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

(b) For each additional natural hair braider, equipment and supplies shall be increased so that each natural hair braider can render services safely and efficiently.

The provisions of this § 7.71c adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, nail technicians, estheticians, natural hair braiders, salons).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.75 Entrances.

The entrance to a salon that is located in a private home must permit clients to enter the salon directly from the public thoroughfare without passing through any part of the home.

The provisions of this § 7.75 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.75 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201688).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.76 Floor space.

(a) The floor area of a salon operated by one licensee must have a minimum area of 180 square feet with a minimum width of 10 feet. An additional area of at least 60 square feet is required for each additional licensee in the salon. The Board, upon an applicant’s request, may grant a variance from the space requirements concerning a salon which the Board believes is reasonable.

(b) Salons opened prior to September 15, 1976, which have been operating with one cosmetologist must have sufficient floor space to properly install the equipment with regard to the health and safety of the patrons of the cosmetology salon. It is suggested that the floor space be a minimum of 10 feet by 12 feet or 120 square feet, with 60 square feet for each additional operator. The Board, after examination of the salon’s layout, may grant variance from the salon space requirements which the Board believes is reasonable.

The provisions of this § 7.76 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.76 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201689).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.77 Use of salon for other purposes prohibited.

No part of a salon, including lavatories and laundry facilities, may be used for other purposes.

The provisions of this § 7.77 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.77 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201689).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.78 Sign.

A salon must display, at or near its main entrance, a sign that is clearly visible indicating to the public that it is a cosmetology salon or limited practice salon.

The provisions of this § 7.78 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.78 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201690).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.79 Lavatories.

A salon must have adequate lavatories on the premises. For the purposes of this section, ‘‘on the premises’’ means within the square footage of the salon.

The provisions of this § 7.79 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.79 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201690).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.81 Rendering of services outside a salon.

A cosmetologist or holder of a limited license, with the permission of the employing salon, may render by appointment cosmetology or limited license services to persons at their residences and to persons who are confined to institutions due to illness, imprisonment, old age or similar circumstances.

The provisions of this § 7.81 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.81 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201690) to (201691).

This section cited in 49 Pa. Code § 7.50 (relating to applicability of requirements).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.82 Record of services rendered outside a salon.

A licensee who renders licensed services outside the salon shall maintain at the employing salon complete records for each service rendered outside the salon, including the date, time, place and fee charged. The record of outside services shall be considered part of the records of the salon.

The provisions of this § 7.82 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.82 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201691).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.83 Responsibility of a salon for outside services.

A salon through which appointments are made for the rendering of cosmetology or limited license services outside the salon shall be responsible for ensuring that the licensees are fully supplied and equipped when they perform services outside the salon and that all other requirements of this chapter are complied with.

The provisions of this § 7.83 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.83 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201691).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.90 Applicability of requirements.

The requirements of this section and § § 7.91—7.98 and 7.100 apply equally to cosmetology salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.

The provisions of this § 7.90 issued under sections 5, 11, 14 and 16 of the act of May 13, 1933 (P. L. 242, No. 86) (63 P. S. § § 511, 517, 520 and 522).

The provisions of this § 7.90 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201691) to (201692).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.91 Sanitation and safety generally.

(a) A salon must be well lighted and well ventilated.

(b) All areas of the salon, including the floors and lavatories, shall be maintained in a safe, orderly and sanitary condition.

The provisions of this § 7.91 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.91 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201692).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); and 49 Pa. Code § 7.125 (relating to health and safety in school).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.92 Sanitization of equipment.

Razors for hair, tweezers, combs, hairbrushes, and other tools, instruments, utensils and appliances that come into contact with a client shall be sanitized immediately after each use and maintained in a sanitary condition at all times.

The provisions of this § 7.92 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.92 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201692).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); 49 Pa. Code § 7.125 (relating to health and safety in school); and 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.93 Sanitary use of towels.

(a) Only clean cloth towels or disposable paper towels shall be used on clients. Unused cloth towels shall be kept in a closed cabinet. Unused paper towels shall be kept in a closed cabinet or closed towel dispenser. A cloth towel that has been used on a client shall be immediately placed in a closed container for soiled linen. A disposable paper towel that has been used on a client shall be immediately discarded in a covered waste container.

(b) The headrest of a facial chair shall be covered with a clean cloth towel or an unused disposable paper towel before the start of each facial.

(c) A clean cloth towel, unused disposable paper towel or unused neck strip shall be placed around the neck of a client whose hair is about to be cut to prevent the hair cloth from touching the skin.

The provisions of this § 7.93 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.93 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201693).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.94 Sanitary use of supplies.

(a) The use of powder puffs or styptic pencils in a salon is prohibited.

(b) Only powered or liquid astringents, applied with a clean cloth towel or clean piece of cotton, may be used to check bleeding.

(c) Creams and other semisolid substances shall be removed from their containers with a sterile spatula or similar utensil. The spatula or similar utensil may not be permitted to come into contact with the skin or hair of another client until it is properly disinfected.

(d) An article that has been dropped on the floor or otherwise rendered unsanitary shall be sterilized before it is reused.

The provisions of this § 7.94 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.94 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201693) to (201694).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.95 Individual cleanliness.

Every salon employee who serves the public shall be clean as to person and dress and shall thoroughly cleanse the hands immediately before rendering services to a client and immediately after using the lavatory.

The provisions of this § 7.95 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.95 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201694).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); and 49 Pa. Code § 7.125 (relating to health and safety in school).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.96 Safe use of dyes, tints and chemicals.

A licensee who uses a dye, tint or other chemical shall follow the directions of the manufacturer and the regulations and instructions of the Federal Food and Drug Administration that appear on or within the container or packaging of the dye, tint or chemical.

The provisions of this § 7.96 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.96 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); and 49 Pa. Code § 7.125 (relating to health and safety in school).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.97 Protection against infectious, contagious or communicable diseases.

(a) A licensee shall refuse to serve a client whom the licensee believes has an infectious, contagious or communicable disease, unless the client can produce a physician’s certification that the client does not have an infectious, contagious or communicable disease.

(b) A nonlicensed cosmetology shop employee who renders shampoos to clients shall have a physician’s certification that the employee does not have an infectious, contagious or communicable disease.

The provisions of this § 7.97 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.97 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); and 49 Pa. Code § 7.125 (relating to health and safety in school).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.98 Violation of related laws.

The license of a licensee who has pled guilty or nolo contendere to, or has been convicted of, a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-144), or a similar State or Federal law, shall be subject to suspension or revocation under section 13 of the act (63 P. S. § 519).

The provisions of this § 7.98 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.98 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201695).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); and 49 Pa. Code § 7.125 (relating to health and safety in school).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.100 Permanent wave operations and chemical applications.

A client may not be left unattended during the heating or processing period of a permanent wave operation or chemical application.

The provisions of this § 7.100 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.100 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201696).

This section cited in 49 Pa. Code § 7.90 (relating to applicability of requirements); and 49 Pa. Code § 7.125 (relating to health and safety in school).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.101 Electrical appliances.

Electrical appliances shall be installed properly and grounded.

The provisions of this § 7.101 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.101 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135634).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.111 Application for a school license.

(a) An owner-applicant for a school license shall submit a license application to the Board with the following:

(1) A sketch plan showing the layout of the school, including the location of classrooms, offices and lavatories and the position of all floor equipment.

(2) The name, signature and license number of the school supervisor, together with proof that the supervisor meets the following qualifications:

(i) Possesses a current cosmetology teacher license issued by the Board.

(ii) Has done one of the following:

(A) Acquired 2,500 hours of satisfactory experience as a cosmetology teacher.

(B) Acquired 1,250 hours of experience as a cosmetology teacher and 1,800 hours of experience.

(3) The name and signature of the person authorized to accept service of legal notice and to transact business on behalf of the school.

(4) Proof that the fictitious name of the school, if any, is registered with the Corporation Bureau of the Department of State.

(5) Proof of compliance with applicable provisions of 34 Pa. Code (relating to labor and industry).

(6) The fees for a school license and approval of a school supervisor prescribed in § 7.2 (relating to fees).

(7) Proof of accreditation or application for accreditation in accordance with § 7.113a (relating to accreditation by a Nationally recognized accrediting agency). Approval by the Department of Education in accordance with Article XVIII of the Public School Code of 1949 (24 P. S. § § 1801—1855) is acceptable proof of accreditation for secondary vocational technical schools.

(b) A school license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the license application and the school has been inspected by a Bureau inspector as provided in § 7.113 (relating to inspection of a school before licensure). The Board may request the owner-applicant to appear before the Board to answer questions about the application.

The provisions of this § 7.111 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.111 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 6, 2007, effective January 7, 2007, 37 Pa.B. 20; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (325175) to (325176).

This section cited in 49 Pa. Code § 7.113b (relating to change of school location, ownership, fictitious name or supervisor).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.113 Inspection of a school before licensure.

The final step in the review of an application for a school license is an inspection of the school by a Bureau inspector. If the inspector determines that the school meets the requirements of the act and this chapter, a license will be issued.

The provisions of this § 7.113 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.113 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial pages (135636) to (135637).

This section cited in 49 Pa. Code § 7.111 (relating to application for a school license); and 49 Pa. Code § 7.113b (relating to change of school location, ownership, fictitious name or supervisor).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.113a Accreditation by a Nationally recognized accrediting agency.

(a) Accreditation required. Within 5 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a Nationally recognized accrediting agency.

(b) Change of ownership, name or location. Except as otherwise provided in subsection (c), a change of ownership, name or location of the school within or following the 5-year period after initial licensure does not negate or postpone the requirement for accreditation within 5 years of initial licensure.

(c) Extension for good cause. The Board, upon good cause shown by a new owner who has taken ownership of a school within the 5-year period after initial licensure, may extend the period for obtaining accreditation for up to an additional 5 years from the date the new owner takes ownership.

(d) Biennial renewal. After initial accreditation, a licensed cosmetology school shall maintain accreditation as a condition of biennial renewal of the school license.

The provisions of this § 7.113a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.113a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 20. Immediately preceding text appears at serial pages (324168) and (201699).

This section cited in 49 Pa. Code § 7.111 (relating to application for a school license).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.113b Change of school location, ownership, fictitious name or supervisor.

(a) Change of school location. A school license is valid only for the location stated on the license. The owner of a school who wishes to change its location shall submit to the Board an application for a change of school location, together with the information required in § 7.111(a)(1) and (5) (relating to application for a school license) and the fee for a change of school location prescribed in § 7.2 (relating to fees). An inspection of the new location will be conducted in the manner set forth in § 7.113 (relating to inspection of a school before licensure).

(b) Change of school ownership. The owner of a school shall immediately notify the Board in writing of a change in the controlling ownership of the school. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for a change of license and the fee for change of license prescribed in § 7.2.

(c) Change of school fictitious name. The owner of a school that changes its fictitious name shall, within 30 days of the change, submit to the Board an application for a change of license together with proof of registration with the Corporation Bureau of the Department of State and the fee for change of license prescribed in § 7.2.

(d) Change of school supervisor. The owner of a school that changes its supervisor shall submit to the Board an application for approval of a school supervisor and the fee for approval of a school supervisor prescribed in § 7.2. The Board will approve a supervisor who meets the requirements in § 7.111(a)(2).

The provisions of this § 7.113b issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.113b adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.114 School equipment and supplies.

(a) A school enrolling 25 students or less must have, at a minimum, the following equipment:

(1) Four shampoo basins.

(2) Eight hair dryers.

(3) Four manicure tables and chairs.

(4) Four closed containers for sanitized implements.

(5) Four wet sanitizers.

(6) Four facial chairs.

(7) Four complete sets of cold wave equipment.

(8) One mannequin for each student.

(9) Twelve styling stations, mirrors and chairs.

(10) One locker for each student.

(11) Four closed containers for soiled linen.

(12) Three closed waste containers.

(13) One container for sterile solution for each manicure table.

(14) One bulletin board with dimensions of at least 2 feet by 2 feet.

(15) One chalkboard with dimensions of at least 4 feet by 4 feet.

(16) One linen cabinet.

(17) An arm chair or usable table and chair for each student in the theory room.

(18) Three timer clocks.

(19) Attendance records.

(20) Two sanitary towels per student.

(b) These minimum equipment requirements shall increase proportionately as the number of students enrolled in the school increases.

The provisions of this § 7.114 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.114 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (325178).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.115 Student equipment and supplies.

(a) A school shall ensure that each cosmetology student possesses and maintains in sanitary condition the following:

(1) One shampoo cape.

(2) One pair of scissors.

(3) One hair cutting razor.

(4) Two brushes.

(5) Six combs.

(6) A minimum of 100 pin curl clips.

(7) Complete tools for nail technology, including emery boards, pusher and brush.

(8) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

(9) A basic cosmetology text book. A book of questions and answers is not considered a textbook.

(10) One pair of tweezers.

(b) A school shall ensure that each esthetician student possesses and maintains in sanitary condition the following:

(1) One facial cape.

(2) Two spatulas.

(3) One pair of tweezers.

(4) One make-up kit.

(5) Facial supplies.

(6) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

(7) A basic skin care/make-up textbook.

(1) One polish kit.

(2) Complete tools for nail technology, including emery boards, pusher and brush.

(3) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

(4) A basic nail technology textbook.

(d) A school shall ensure that each natural hair braiding student possesses and maintains in sanitary condition the following:

(1) One shampoo cape.

(2) One comb-out cape.

(3) Two brushes.

(4) Six combs.

(5) A minimum of 100 pin curl clips.

(6) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

(7) A basic natural hair braiding textbook.

The provisions of this § 7.115 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.115 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (325179) and (201701).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.116 Floor space.

A school with a maximum enrollment of 25 students shall have a minimum area of 2,750 square feet, exclusive of office space and lavatory facilities, 750 square feet of which shall be devoted to classroom instruction. An additional area of 9 square feet is required for each additional student.

The provisions of this § 7.116 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.116 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135638).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.116a Lavatories.

(a) A school shall have separate lavatory facilities on the premises for male and female students.

(b) Lavatories shall have hot water available.

The provisions of this § 7.116a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.116a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.117 Supervisor of a school.

(a) A school shall be under the immediate supervision of the school supervisor. The primary responsibility of the supervisor is to ensure that the school conforms to requirements of the act, this chapter and the Pennsylvania Human Relations Act (43 P. S. § § 951—963).

(b) A school may not have more than one supervisor. A person may not serve as supervisor of more than one school at the same time.

(c) If the school supervisor is unable to be present in the school during a specified period, such as breaks, days off, vacation or illness, not to exceed 3 months, another licensed teacher may serve as temporary supervisor. If the absence is to exceed 2 weeks, the supervisor shall notify the Board in writing of the absence. A notice identifying the temporary supervisor shall be displayed in the school. The temporary supervisor assumes the responsibility of a supervisor as set forth in subsection (a).

The provisions of this § 7.117 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.117 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135638).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.118 Professional staff.

(a) A school shall employ as teachers of courses that are part of the required curriculum persons who possess a current cosmetology teacher or limited practice teacher license issued by the Board, except that a school may employ as teachers of business or teaching skills persons who hold a current teacher’s certificate issued by the Department of Education.

(b) The license of each teacher employed by the school shall be conspicuously displayed in the school.

(d) The student/teacher ratio of a class taught for credit may not exceed 25 to 1, except if a guest lecture is given by a person who is not regularly employed by the school as a teacher.

(e) A school shall have attached to its staff for consultation purposes a physician who possess a current license to practice medicine in this Commonwealth.

The provisions of this § 7.118 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.118 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201702) to (201703).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.118a Uniforms.

Teachers and students shall be attired in washable uniforms during school hours. A teacher uniform must be distinguished from a student uniform.

The provisions of this § 7.118a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.118a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201703).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.119 Student records.

A school shall maintain the following records for each student:

(1) Daily attendance records.

(2) Scholastic records.

(3) Financial records.

(b) A school shall submit to the Board a notarized quarterly report of the hours attended for each student on a form provided by the Board. The reports shall be submitted by the following dates—April 15, July 15, October 15 and January 15—and shall include the names and license numbers of teachers employed and be personally signed by the owner and supervisor of the school.

(c) A school shall make copies of a student’s attendance, scholastic and financial records available to the student upon request. The school may charge the student a fee that covers the reasonable cost of making copies of the records.

(d) A school shall retain student hours for a minimum of 7 years. A school that goes out of business shall submit the hours to the Board.

The provisions of this § 7.119 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.119 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135639).

This section cited in 49 Pa. Code § 7.43 (relating to expiration and renewal of licenses); and 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.119a Transfer students.

A school that enrolls a transfer student from another cosmetology school shall obtain:

(1) A notarized transcript from the original school listing the hours earned by the student.

(2) Verification from the appropriate licensing authority that the other school is licensed in that state, in the case of a student transferring from an out-of-State school to a Pennsylvania school.

The provisions of this § 7.119a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.119a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.120 Work done by students on the public.

(a) A school may permit students to work on the public, and may charge a fee for treatment performed by students on the public based on the reasonable cost of materials used in such treatment, if the students have successfully completed the following hours of instruction:

(1) Cosmetology Curriculum—300 Hours

(2) Esthetics Curriculum—75 Hours

(3) Nail Technology Curriculum—50 Hours

(4) Natural Hair Braiding Curriculum—75 Hours

(b) A school that permits its students to work on the public shall display in a conspicuous place at the entrance to the school a sign with letters at least 2 inches in height, that states the following: ‘‘ALL WORK IN THE SCHOOL DONE BY STUDENTS ONLY’’ and ‘‘CHARGES FOR REASONABLE COST OF MATERIALS ONLY.’’

(c) A school shall display in a conspicuous place at the entrance to the school a sign stating that it is a school of cosmetology.

The provisions of this § 7.120 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.120 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201704) to (201705).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.121 Advertising.

(a) Advertisements by a school shall contain its licensed name.

(b) A school may advertise cosmetology services that are rendered by its students, if the advertisement conspicuously states that all services in the school are performed by students only and that charges for services are based on the reasonable cost of materials only.

The provisions of this § 7.121 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.121 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135640).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.122 Course schedules.

(a) Day-time students may earn a maximum of 8 hours of credit per day and a maximum of 40 hours of credit per week.

(b) Night-time students may earn a maximum of 4 hours of credit per night and a maximum of 20 hours of credit per week, when the school is operated 5 nights per week. If a school is not operated 5 nights per week, a night-time student will be given credit at the rate of hours per night, if actually earned, for each night the student attended.

The provisions of this § 7.122 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.122 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135640).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.123 Duty work.

A school shall require students to keep their stations clean and to assist in general cleanup and other duties that may be required in an operating salon, except that students may not be required to scrub floors, wash windows or perform janitorial tasks.

The provisions of this § 7.123 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.123 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201706).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.124 Laundry facilities.

Laundry work is permitted in a school if it is done in an area that is specifically set aside for that purpose.

The provisions of this § 7.124 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.124 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135641).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.125 Health and safety in school.

A school shall observe the same health and safety requirements that are prescribed for salons in § § 7.91—7.98, 7.100 and 7.101.

The provisions of this § 7.125 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.125 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201706) and (324169).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.127 Posting of Board notices.

A school shall insure that all notices required to be posted by the Board are displayed in a conspicuous location and maintained in a readable condition. If a Board notice is defaced or removed, the school supervisor shall immediately notify the Board that a replacement notice is needed.

The provisions of this § 7.127 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.127 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135641).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.128 Mandatory offering of cosmetology curriculum.

(a) A school shall offer instruction in the curriculum for cosmetologists prescribed in § 7.129 (relating to curriculum requirements).

(b) A school may offer instruction in the curriculum for teachers, estheticians, nail technicians and natural hair braiders prescribed in § 7.129.

The provisions of this § 7.128 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.128 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324169).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.129 Curriculum requirements.

(a) Except as provided in subsection (b), a school’s cosmetology curriculum, excluding electives, must comprise a minimum of 1,250 hours, and cover the following subjects; the accompanying breakdown of hours by subject is recommended:

(b) A school’s cosmetology curriculum for a student who holds a barber’s license issued by the State Board of Barber Examiners must comprise a minimum of 695 hours and cover the subjects in subsection (a); the following breakdown of hours by subject is recommended:

(c) A school’s teacher curriculum, excluding electives, must comprise a minimum of 500 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:

(d) A school’s esthetics curriculum, excluding electives, must comprise a minimum of 300 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:

(e) A school’s nail technology curriculum, excluding electives, must comprise a minimum of 200 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:

(f) A school’s natural hair braiding curriculum, excluding electives, must comprise a minimum of 300 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:

The provisions of this § 7.129 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.129 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324170) to (324172).

This section cited in 49 Pa. Code § 7.128 (relating to mandatory offering of cosmetology curriculum); and 49 Pa. Code § 7.132 (relating to apprentice curriculum).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.130 Library.

A school shall maintain a library containing sufficient copies of the act and this chapter for each student as well as standard textbooks on the theory and practice of cosmetology.

The provisions of this § 7.130 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.130 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135642).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.131 Introduction.

An individual who chooses to seek eligibility for the cosmetologist examination by apprenticeship shall comply with section 10 of the act (63 P. S. § 516) and the applicable requirements of this section and § § 7.132—71.134 (relating to preparation by appenticeship method).

The provisions of this § 7.131 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § § 511 and 517).

The provisions of this § 7.131 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324172) to (324173).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.132 Apprentice curriculum.

The cosmetology teacher responsible for offering instruction to an apprentice in a cosmetology salon shall teach the same cosmetology curriculum that the Board prescribes for schools of cosmetology in § 7.129 (relating to curriculum requirements), with additional hours included so that the total number of hours adds up to 2,000, as follows:

The provisions of this § 7.132 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.132 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324173).

This section cited in 49 Pa. Code § 7.131 (relating to introduction).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.133 Application for apprentice permit.

To qualify for apprenticeship training in a cosmetology shop, an individual shall apply to the Board for an apprentice permit.

The provisions of this § 7.133 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.133 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324173).

This section cited in 49 Pa. Code § 7.131 (relating to introduction).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.134 Apprentice reports.

The owner of a cosmetology shop that employs apprentices shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each apprentice. The reports shall be submitted by the following dates: April 15, July 15, October 15 and January 15.

The provisions of this § 7.134 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.134 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324173) to (324174).

This section cited in 49 Pa. Code § 43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops); and 49 Pa. Code § 7.131 (relating to introduction).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.135 Equipment.

An apprentice shall be supplied with minimum student equipment and one mannequin.

The provisions of this § 7.135 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.135 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135643).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.136 Apprentice hours.

An apprentice shall work a minimum of 25 hours per week to acquire the minimum 2,000 hours of apprenticeship training.

The provisions of this § 7.136 amended under sections 5 and 11 of the act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 511 and 517).

The provisions of this § 7.136 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135643).

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

49 Pa. Code § 7.150 Practice of massage therapy in cosmetology or esthetician salons.

(a) A massage therapist licensed under the Massage Therapy Law (63 P.S. § § 627.1—627.50) is permitted to practice massage therapy within the approved premises of a licensed cosmetology salon or a licensed esthetician salon if all of the following conditions are met:

(1) The massage therapy licensee is the owner of or employed by the salon and is not an independent contractor.

(2) The massage therapist practices in accordance with this section, Chapter 20 (relating to State Board of Massage Therapy), the act and the Massage Therapy Law. The following apply:

(i) The salon owner may only employ a massage therapist who is currently licensed by the State Board of Massage Therapy. The salon owner is responsible to ensure each massage therapist employed by the salon complies with this section, Chapter 20, the act and the Massage Therapy Law.

(ii) A massage therapist who is the owner of the salon shall comply with all of the regulations applicable to salon owners set forth in § § 7.50—7.66 (relating to licensure and management of salons).

(3) The salon owner provides an appropriate level of privacy for clients in accordance with all of the following:

(i) Massage therapy services within the scope of practice of the Cosmetology Law. When a massage therapist is practicing in a separate massage therapy room of the salon or in the areas of the salon used for cosmetology or esthetics, the massage therapist is practicing in the licensed square footage of the salon. Physical barriers separating the areas used for massage therapy services from the areas used for cosmetology or esthetics are not required when a massage therapist provides massage therapy services that are within the scope of practice of cosmetology as defined in § 7.1 (relating to definitions) as follows:

(A) Massage therapy services of the scalp, face, arms or hands, or the upper part of the body.

(B) Massage therapy services of the feet or the lower legs of an individual up to the individual’s knee.

(ii) Massage therapy services beyond the scope of practice of the Cosmetology Law. When a massage therapist is practicing in a separate massage therapy room of the salon, the massage therapist is practicing in the licensed square footage of the salon. A salon owner shall provide separate massage therapy rooms with permanent walls and doors to ensure privacy for clients receiving massage therapy services from a massage therapist when the massage therapy services are beyond the scope of practice of cosmetology or esthetics as provided in § 7.1. The following apply:

(A) The size of the separate massage therapy room must be a minimum of 90 square feet.

(B) The massage therapist may store linens or other supplies in the separate room provided or in the salon in a space designated by the salon owner.

(C) Esthetician services may be provided to a client in the same room where the client receives massage therapy, provided these services are not performed concurrently.

(b) A massage therapist providing massage therapy services within the approved premises of a salon is subject to inspection by the State Board of Massage Therapy and the Board.

(c) A massage therapist providing massage therapy services within the approved premises of a salon who violates this section, Chapter 20, the act or the Massage Therapy Law is subject to discipline by the State Board of Massage Therapy.

The provisions of this § 7.150 adeded under section 9.3 of the Cosmetology Law (63 P.S. § 515.3).

The provisions of this § 7.150 added January 17, 2025, effective January 18, 2025, 55 Pa.B. 451.

History

Authority: The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.

Chapter 9 State Architects Licensure Board

49 Pa. Code § 9.1 Introduction.

(a) The Architects Licensure Law. The Board is organized and functions under the act.

(b) Function of the act. The act regulates the examination, licensure and the practice of architecture in this Commonwealth.

(d) The Administrative Code. Section 202 of The Administrative Code (71 P. S. § 62), placed the Board as a departmental administrative board in the Department of Public Instruction. Section 1 of the act of June 3, 1963 (P. L. 63, No. 44) (71 P. S. § 62), amended section 202 of The Administrative Code (71 P. S. § 62), by removing the Board from the administrative jurisdiction of the Department of Public Instruction and placing it under the jurisdiction of the Department of State.

The provisions of this § 9.1 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.1 amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2668; amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial pages (30165) to (30166).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ARE—Architect Registration Examination of the NCARB approved by the Board as the architecture licensure examination. Accredited program—A program accredited by the National Architectural Accrediting Board to provide courses in architecture and related subjects and empowered to grant professional and academic degrees in architecture. Act—The Architects Licensure Law (63 P. S. § § 34.1—34.22). Administrative Code—The Administrative Code of 1929 (71 P. S. § § 51—732). Board—The Architects Licensure Board as defined in section 4 of the act (63 P. S. § 34.4). Board prosecutor—An attorney employed through the Office of General Counsel to act as the prosecutor for the Commonwealth before the Board. Bureau—The Bureau of Professional and Occupational Affairs. Commissioner—The Commissioner of the Bureau. Examination—The examination for architectural registration approved by the Board. IDP—Intern Development Program of NCARB. IDP council record—A detailed authenticated record of an individual’s education, training and character maintained by NCARB. NAAB—National Architectural Accrediting Boards, Inc. NCARB—National Council of Architectural Registration Boards, 1735 New York Avenue, NW, Suite 700, Washington, DC 20006. Plans and models—Drawings, graphic representations or scaled models, or a combination of drawings, graphic representations or models, or reproduction thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement or alteration of a building or project. Sole proprietorship—A business form solely owned by an individual architect licensed in this Commonwealth. Specifications—A written instruction or reproduction thereof describing a material or method of construction proposed or intended to be employed in the construction, enlargement or alteration of a building or project.

The provisions of this § 9.2 amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a); and sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.2 amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2668; amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5101; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3923. Immediately preceding text appears at serial page (294851).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.3 Fees.

Initial license…$ 40

Reciprocal license with NCARB Certification…$ 30

Reciprocal license without NCARB Certification…$ 50

Certification of licensure, registration or scores…$ 25

Biennial renewal of license…$ 100

Reactivation of lapsed or expired license…$ 30

Firm practice registration or modification requiring new corporate structure…$ 50

License or registration verification…$ 15

Annual renewal fee for registered architecture firms which are partnerships, professional associations, professional corporations, business corporations, limited liability companies and limited liability partnerships ($100 fee shall be assessed biennially)…$ 50

The provisions of this § 9.3 issued under section 11 of the Architects Licensure Law (63 P. S. § 34.11); amended under sections 6(a) and (c), 8(c), 11 and 13 of the Architects Licensure Law (63 P. S. § § 34.6(a) and (c), 34.8(c), 34.11 and 34.13); and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a).

The provisions of this § 9.3 adopted February 6, 1987, effective February 7, 1987, 17 Pa.B. 653; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2657; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1496; amended August 5, 1994, effective August 6, 1994, 24 Pa.B. 3844; amended December 8, 1995, effective December 9, 1995, and apply retroactively to examination fees charged on and after September 1, 1995, 25 Pa.B. 5583; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5101; corrected November 1, 1996, effective October 26, 1996, 26 Pa.B. 5233; amended December 8, 2000, effective December 9, 2000, 30 Pa.B. 6342; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1744; amended January 3, 2003, effective January 4, 2003, 33 Pa.B. 28; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 2923. Immediately preceding text appears at serial page (294852).

This section cited in 49 Pa. Code § 9.103 (relating to lapsed licenses).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.11 NCARB membership.

The Board will maintain membership in NCARB and the Middle Atlantic Regional Conference of NCARB. The necessary costs for the membership will be paid for under section 11 of the act (63 P. S. § 34.11).

The provisions of this § 9.11 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.11 amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2668; amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221095).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.21 Board meetings.

In addition to the one regular meeting per year prescribed by law, the Board will hold additional meetings as may be necessary to conduct the business of the Board. The administrative assistant, in conjunction with the administrative office of the Bureau, will give notice of the time and place of each meeting at which formal action will be taken, under section 9 of the Sunshine Act (65 P. S. § 279). Meetings of the Board will be conducted in accordance with the Sunshine Act (65 P. S. § § 271—286), and Roberts Rules of Order, Revised.

The provisions of this § 9.21 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.21 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221097).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.27 Inactive records.

Records of candidates for licensure that are inactive for 5 years will be destroyed. A record will be considered inactive if a candidate does not correct a deficiency in an application within 5 years of notice from the Board of the deficiency.

The provisions of this § 9.27 amended under section 6(a) and (d) of the Architects Licensure Law (63 P. S. § 34.6(a) and (d)).

The provisions of this § 9.27 amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4764. Immediately preceding text appears at serial page (294855).

This section cited in 49 Pa. Code § 9.50 (relating to reapplications); 49 Pa. Code § 9.86 (relating to expiration of application); and 49 Pa. Code § 9.131 (relating to examination grading).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.41 General requirements.

Licensure may be granted to an applicant who has successfully passed the ARE examination. The subject matter is available from the NCARB.

The provisions of this § 9.41 amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a); and sections 6(a)—(c), 8(b) and (c), 11, 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a)—(c), 34.8(b) and (c), 34.11, 34.13(h) and 34.14).

The provisions of this § 9.41 amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2657; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5101; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended January 3, 2003, effective January 4, 2003, 33 Pa.B. 28. Immediately preceding text appears at serial page (246250).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.41a Adoption of National Board Examinations.

(a) The Board has adopted the ARE given by the NCARB. Candidates for examination shall obtain applications directly from the NCARB and pay the fee for the examination directly to the NCARB.

(b) Candidates shall comply with examination procedures, conduct standards, and standards pertaining to eligibility and passing of the ARE as established by the NCARB, unless otherwise stated in this chapter.

The provisions of this § 9.41a issued under sections 8, 11 and 13 of the Architects Licensure Law (63 P. S. § § 34.8, 34.11 and 34.13); amended under section 6(a) and (d) of the Architects Licensure Law (63 P. S. § 34.6(a) and (d)).

The provisions of this § 9.41a adopted January 3, 2003, effective January 4, 2003, 33 Pa.B. 28; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4764. Immediately preceding text appears at serial page (294856).

This section cited in 49 Pa. Code § 9.50 (relating to reapplications); and 49 Pa. Code § 9.52 (relating to grading compilation).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.46 Requirements for examination eligibility.

(a) General requirements. A candidate for the examination shall have:

(1) A professional degree in architecture from an accredited program.

(2) Three years of diversified training experience demonstrated by training requirements of the IDP.

(b) ‘‘Rolling clock’’ requirement. An applicant for licensure shall have 5 years from the date that the first passed division of the examination was administered to pass all remaining divisions. If an applicant for licensure fails to pass all remaining divisions within the 5-year period, the applicant will automatically be given a new 5-year period measured from the date of administration of the next oldest passed division (‘‘rolling clock’’) to pass all divisions of the examination and this rolling clock period will continue to automatically renew until all divisions of the examination are passed, without the need to reapply to the Board. Applicants will have the benefit of the rolling clock but the Board will only consider the divisions of the examination passed within the 5-year time period immediately preceding the date of the latest administered division passed by the applicant. The Board may waive this requirement upon proof of medical hardship or other extraordinary circumstances.

The provisions of this § 9.46 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14); amended under section 6(a) and (d) of the Architects Licensure Law (63 P. S. § 34.6(a) and (d)).

The provisions of this § 9.46 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended December 2, 1988, effective December 3, 1988, 18 Pa.B. 5352; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2657; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended January 3, 2003, effective January 4, 2003, 33 Pa.B. Pa.B. 28; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4764. Immediately preceding text appears at serial page (294857) to (294858).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.49a Diversified training requirements.

(a) The Board has adopted NCARB Training Requirements for IDP. This information is available from the NCARB.

(b) The candidate shall keep records of required diversified training experience in accordance with NCARB IDP requirements. The candidate is responsible for having NCARB transmit a certificate of completion of IDP to the Board.

The provisions of this § 9.49a issued under section 8(b) of the Architects Licensure Law (63 P. S. § 34.8(b)); amended under sections 6(a), (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14).

The provisions of this § 9.49a adopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5352; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended January 3, 2003, effective January 4, 2003, 33 Pa.B. 28. Immediately preceding text appears at serial page (246252).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.50 Reapplications.

Candidates required to file new applications under § § 9.27 and 9.41a(b) (relating to inactive records; and adoption of National Board Examinations) shall meet the requirements of the act and regulations in effect at the time the new application is filed.

The provisions of this § 9.50 issued under sections 6(a), (b) and (d), 8(b), 13(h) and (14) of The Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14); amended under section 6(a) and (d) of the Architect Licensure Law (63 P. S. § 34.6(a) and (d)).

The provisions of this § 9.50 adopted July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4764. Immediately preceding text appears at serial page (294859).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.51 Examination grading.

The ARE shall be graded using procedures developed ny NCARB in consultation with a professional testing organization. Examination results shall be recorded by the Board in the record of the candidate and shall be maintained in accordance with § 9.27 (relating to inactive records).

The provisions of this § 9.51 issued under sections 8, 11, and 13 of the Architects Licensure Law (63 P. S. § 34.8, 34.11 and 34.13).

The provisions of this § 9.51 adopted January 3, 2003, effective January 4, 2003, 33 Pa.B. 28.

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.52 Grading compliation.

To qualify for licensure, a candidate shall receive a passing grade on each part or division of the examination. Grades received in individual parts or divisions will not be averaged. A candidate will have opportunities, subject to § § 9.41a(b) and 9.46(b) (relating to adoption of National Board Examinations; and requirements for examination eligibility), to retake those portions of the examination which were failed and those portions which expire under the 5-year rolling clock requirement.

The provisions of this § 9.52 issued under sections 8, 11, and 13 of the Architects Licensure Law (63 P. S. § 34.8, 34.11 and 34.13); amended under section 6(a) and (d) of the Architect Licensure Law (63 P. S. § 34.6(a) and (d)).

The provisions of this § 9.52 adopted January 3, 2003, effective January 4, 2003, 33 Pa.B. 28; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4764. Immediately preceding text appears at serial page (294859).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.61 General requirements.

Licensure may be granted to an applicant who holds a license to practice architecture in another state, territory or country where the qualifications required for licensure are equal to the requirements for licensure in this Commonwealth at the time of licensure in the original jurisdiction and the applicant is of good moral character. Possession of an NCARB Certificate is prima facie evidence that the individual meets the requirements of the Commonwealth.

The provisions of this § 9.61 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.61 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221105).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.62 Reciprocal licensure.

(a) An applicant for reciprocal licensure shall submit a completed application on forms provided by the Board containing:

(1) A letter of good standing, or the equivalent from the licensing entity of the state or country where the architect currently practices.

(2) Information relative to training, education and experience as an employe or as a practicing principal.

(b) An applicant who has qualified for original licensure by having passed the ARE in or after 1992 shall submit certification of having met the training requirements for IDP.

(c) A candidate in another recognized and approved jurisdiction and seeking to practice within this Commonwealth who has not lawfully practiced architecture for more than 10 years is required to submit a detailed summary of professional or business activities, or both, during the inactive period. It is within the discretion of the Board to determine whether the activities are substantially equivalent to the continuing practice of architecture.

(d) An applicant licensed on the basis of education, experience or examination not equal to the requirements of the Commonwealth shall submit satisfactory evidence of at least 10 years of continuous practice of architecture while holding a valid license as an architect. An applicant who has not taken a licensure examination shall provide the Board with a list of not less than three nor more than ten examples of architectural services designed and supervised by the applicant, giving location, name of owner, use and purpose, and date of completion.

(e) An applicant may be required to appear before the Board for a personal interview and may be requested to submit detailed information about training and experience, or both.

The provisions of this § 9.62 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.62 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (221105) to (221106).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.64 Practice by nonresidents.

An architect who maintains a permanent address outside of this Commonwealth may practice architecture in this Commonwealth if the filing and ownership requirements of sections 7(b) and 13 of the act (63 P. S. § § 34.7(b) and 34.13) are complied with, and if the sole owner of a sole proprietorship firm, a partner of a partnership firm, a member of a professional association, a shareholder of a professional corporation or a member of the board of directors of a business corporation who is also a shareholder in that corporation is a registered architect in this Commonwealth. The architects shall assume full responsibility for the projects in this Commonwealth.

The provisions of this § 9.64 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.64 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30175).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.81 Place of application.

An application for license shall be submitted to the State Architects Licensure Board, Box 2649, Harrisburg, Pennsylvania 17105-2649 on forms available from the Board.

The provisions of this § 9.81 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.81 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221107).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.82 Forms and fees.

Application shall be made on forms furnished and in the manner prescribed by the Board. Examination fees shall be payable as specified in the application.Applications shall be submitted to the address indicated on the application and within deadlines established by the Board and specified on the application.

The provisions of this § 9.82 amended under sections 6(c), 8(c) and 11 of the Architects Licensure Act (63 P. S. § § 34.6(c), 34.8(c) and 34.11); and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a).

The provisions of this § 9.82 amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2657; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1496; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5101. Immediately preceding text appears at serial page (206068).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.84 Experience.

The candidate shall be of good moral character. A candidate for first-time licensure shall reside in or be employed in this Commonwealth by a Commonwealth licensed architect, practicing as a principal in this Commonwealth and having a permanent Commonwealth address.

The provisions of this § 9.84 amended under sections 6(a), (b) and (d), 8(b), 13(h) and (14) of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14).

The provisions of this § 9.84 amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221108).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.86 Expiration of application.

After an applicant is notified that he is eligible to sit for examination, the Board will provide the NCARB with written authorization to test the candidate. Under § 9.27 (relating to inactive records), the authorization to test is valid for 5 years from the date a candidate is declared eligible to take the examination.

The provisions of this § 9.86 amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a); and sections 6(c), 8(c) and 11 of the Architects Licensure Law (63 P. S. § § 34.6(c), 34.8(c) and 34.11).

The provisions of this § 9.86 amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2657; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5101. Immediately preceding text appears at serial pages (206069) to (206070).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.88 Verification of IDP.

The candidate shall keep records of required diversified training experience in accordance with NCARB recordkeeping procedures on NCARB IDP Recordkeeping Forms. These forms are available from NCARB. The candidate is responsible for having NCARB transmit to the Board offices, a certificate of completion of IDP requirements as part of the candidate’s application. An application which does not contain submissions of verification will not be reviewed.

The provisions of this § 9.88 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.88 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended December 2, 1988, effective December 3, 1988, 18 Pa.B. 5353; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221109).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.90 Board member as reference.

No Board member may act as a reference on the application of a candidate for licensure except as an employer. A Board member may act as a reference of a candidate applying for certification by NCARB, whether the Board member is or was the employer or not.

The provisions of this § 9.90 amended under sections 6(a), (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14).

The provisions of this § 9.90 amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221110).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.93 Reporting of disciplinary actions, criminal convictions and other licenses.

(a) An applicant for a license issued by the Board shall apprise the Board of the following:

(1) A license, certificate, registration or other authorization to practice a profession issued, denied or limited by another state, territory or possession of the United States, a branch of the Federal government or another country.

(2) Disciplinary action instituted against the applicant by a licensing authority of another state, territory or possession of the United States, a branch of the Federal government or another country.

(3) A finding or verdict of guilt, an admission of guilt or a plea of nolo contendere with respect to a felony offense or an offense involving moral turpitude.

(b) After the Board has issued a license, the licensee shall report any disciplinary action or criminal convictions, or both, to the Board in writing within 90 days after its occurrence or on the biennial renewal application, whichever occurs first.

The provisions of this § 9.93 issued under section 11 of the Architects Licensure Law (63 P. S. § 34.11); amended under sections 6(a), (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14).

The provisions of this § 9.93 adopted February 6, 1987, effective February 7, 1987, 17 Pa.B. 653; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (221110) to (221111).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.101 Reactivation.

An architect who has been licensed by the Board and who has discontinued the practice of architecture in this Commonwealth, and who has allowed his license to lapse by failing to pay the biennial renewal fee, may apply to the Board for reactivation of licensure.

The provisions of this § 9.101 amended under sections 6(a), (b) and (d), 8(b), 11, 13(h) and 14 of the Architects Licensure Law (63 P. S. § 34.6(a), (b) and (d), 34.8(b), 34.11, 34.13(h) and 34.14).

The provisions of this § 9.101 amended February 6, 1987, effective February 7, 1987, 17 Pa.B. 653; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221111).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.102 Requirements.

An architect applying to return to active status shall submit an application on the form prescribed by the Board, the current renewal fee, reactivation fee and a notarized affidavit stating that the candidate did not practice architecture in this Commonwealth during the period of inactive status.

The provisions of this § 9.102 amended under sections 6(a), (b) and (d), 8(b), 11, 13(b) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.11, 34.13(h) and 34.14).

The provisions of this § 9.102 amended February 6, 1987, effective February 7, 1987, 17 Pa.B. 653; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (221111).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.103 Lapsed licenses.

An architect who practices architecture in this Commonwealth and who has allowed his license to lapse by failing to pay a biennial renewal fee, may reactivate his license by submitting to the Board an application on the form prescribed by the Board. The application shall be accompanied by the reactivation fee in § 9.3 (relating to fees), along with, past due biennial renewal fees, including the biennial renewal fee for the current period and penalty fees in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-225). The payment of any of these fees does not preclude the Board from taking disciplinary action against the architect for practicing architecture without a current license.

The provisions of this § 9.103 issued under sections 6(a), (b) and (d), 8(b), 11, 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.11, 34.13(h) and 34.14).

The provisions of this § 9.103 adopted February 6, 1987, effective February 7, 1987, 17 Pa.B. 653; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (221111) to (221112).

This section cited in 49 Pa. Code § 43b.11a (relating to schedule of civil penalties—architects).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.140 Definitions.

The following words and terms, when used in this section and § § 9.141 and 9.141a (relating to requirement; and digital signature and seal), have the following meanings, unless the context clearly indicates otherwise: Architectural documents—Drawings, specifications and other design documents. Digital seal—An electronic image attached to or logically associated with an architectural document and executed or adopted by a licensed architect with the intent to seal the architectural document. Digital signature—An electronic sound, symbol or process attached to or logically associated with an architectural document and executed or adopted by a licensed architect with the intent to sign the architectural document. Electronic—Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Handwritten signature—The scripted name or legal mark of an individual, written by that individual and executed or adopted with the present intention to authenticate a writing in a permanent form. Sole control—A situation in which only the licensee decides when and where the signature and seal are applied. Verification—Confirmation that a signature and seal are actually from the licensee whose name and license number appears on the architectural document.

The provisions of this § 9.140 added under sections 6(a) and 12 of the Architects Licensure Law (63 P.S. § § 34.6(a) and 34.12).

The provisions of this § 9.140 added December 16, 2022, effective December 17, 2022, 52 Pa.B. 7702.

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.141 Requirement.

(a) A licensee shall, upon licensure, obtain a seal, of the identical design authorized by the Board, bearing the licensee’s name and license number and the legend, ‘‘Registered Architect’’ together with a reference to the Commonwealth of Pennsylvania. A stamp design or digital seal identical to the prescribed seal may be obtained and used in lieu of or in conjunction with, a metal seal.

(b) The following rules govern the proper use of an architect’s seal:

(1) An architect may use the architect’s seal and signature only when the work being sealed and signed was prepared by the architect or under the architect’s personal supervision, direction and control.

(2) When an architect issues final or complete architectural documents to a client for the client’s records, or when an architect submits final or complete architectural documents to public or governmental agencies for final review, the seal and signature of the architect who prepared or who personally supervised the preparation of the architectural documents, along with the date of issuance, shall be prominently displayed on the first page of all architectural documents. The seal on the first page of a final or complete architectural document shall be impressed, stamped or digital. Facsimile or digital seals shall appear on all subsequent pages of architectural documents.

(3) When an architect’s signature is applied, it shall be applied near or across the seal, but not in a location that obliterates the license number.

(4) An architect may not affix or permit a seal and signature to be affixed to an architectural document if the architect’s license has lapsed, or for the purpose of aiding or abetting another person to evade or attempt to evade a provision of the act or this chapter.

(5) When a licensee seals and signs architectural documents one of the following methods must be used:

(i) Physical placement of a seal and a handwritten signature in permanent ink containing the name of the licensee.

(ii) Digital placement of a seal and a handwritten signature in permanent ink containing the name of the licensee.

(iii) Digital placement of a seal and a digital signature containing the name of the licensee.

The provisions of this § 9.141 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12, 13(h) and 14 of the Architects Licensure Law (63 P.S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12, 34.13(h) and 34.14).

The provisions of this § 9.141 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended December 16, 2022, effective December 17, 2022, 52 Pa.B. 7702. Immediately preceding text appears at serial pages (294869) to (294870) and (342093).

This section cited in 49 Pa. Code § 9.140 (relating to definitions); and 49 Pa. Code § 9.151 (relating to standards of professional conduct).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.141a Digital signature and seal.

(a) Architectural documents that are signed using a digital signature must have an electronic authentication process attached to or logically associated with the electronic document. The digital signature must be:

(1) Unique to the licensee.

(2) Capable of verification.

(3) Under the sole control of the licensee.

(4) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

(b) Architectural documents that are sealed with a digital seal must have an electronic authentication process attached to or logically associated with the electronic document. The digital seal must be:

(1) Unique to the licensee.

(2) Capable of verification.

(3) Under the sole control of the licensee.

(4) Linked to a document in such a manner that the digital seal is invalidated if any data in the document is changed.

(c) A hard copy printed from the transmitted electronic file shall bear the facsimile of the digital signature and seal and be a confirmation that the electronic file was not altered after the initial digital signing of the file. Alterations to the file shall cause the signature and seal to be voided.

The provisions of this § 9.141a added under sections 6(a) and 12 of the Architects Licensure Law (63 P.S. § § 34.6(a) and 34.12).

The provisions of this § 9.141a added December 16, 2022, effective December 17, 2022, 52 Pa.B. 7702.

This section cited in 49 Pa. Code § 9.140 (relating to definitions).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.142 Use of seal.

(a) An architect may not seal or stamp a document unless his license is current with the Board.

(b) An architect may not impress the seal or stamp, or knowingly permit it to be impressed or affixed, on drawings, specifications or other design documents which were not prepared by the architect or under his direct supervision.

The provisions of this § 9.142 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P.S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.142 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206078).

This section cited in 49 Pa. Code § 9.151 (relating to standards of professional conduct); and 49 Pa. Code § 43b.11a (relating to schedule of civil penalties—architects).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.143 Design.

(a) A licensee may not design his own seal or stamp except as provided in this chapter.

(b) A seal or stamp combining the names of a number of architects in a firm may be used in lieu of individual seals or stamps, if the names of the individual licensees, their license numbers and the legend ‘‘Architects’’ appear on the combined seal or stamp, and the members of the firm are licensed to practice architecture in this Commonwealth. If one or more members of the firm are not licensed by the Board, the individual architect who is professionally responsible for the work of the firm in this Commonwealth is required to use his individual seal or stamp on that work.

(d) This section does not relieve an individual architect whose name appears on the combined seal or stamp of a responsibility mandated in the act and this chapter.

The provisions of this § 9.143 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P.S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.143 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206078).

This section cited in 49 Pa. Code § 9.151 (relating to standards of professional conduct).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.145 Surrender of seals and stamps; digital seal and signature.

(a) Metal seal and stamp. If an architect voluntarily surrenders or is required to surrender the architect’s seal and stamp to the Board, the surrender shall be made in person or by registered mail to the office of the Board. If the cause of the surrender is forfeiture or revocation, the seal or stamp, or both, will be destroyed by the Board. The destruction will be noted for the record in the file of the architect named on the seal or stamp, or both. If the cause of surrender is suspension, the seal or stamp will be held in security by the Board until the period of the suspension is concluded or the conditions of the suspension have been complied with to the satisfaction of the Board, or both.

(a.1) Digital seal and signature. If an architect is required to surrender a digital seal and signature to the Board, the surrender shall be made by providing a sworn, written affidavit to the Board confirming that the licensee’s digital seal and signature has been cancelled. If the cause of surrender is suspension, when the period of the suspension is concluded or the conditions of the suspension have been complied with to the satisfaction of the Board, or both, the licensee may obtain another digital seal and signature upon reinstatement of licensure.

(b) Death of architect. Upon the death of an architect, written notice of the death shall be submitted to the Board by the architect’s personal representative. Upon receipt of the notice, the Board will declare the license number and the stamp or seal, or both, of the deceased architect void.

The provisions of this § 9.145 issued under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P.S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14; amended under sections 6(a) and 12 of the Architects Licensure Law (63 P.S. § § 34.6(a) and 34.12).

The provisions of this § 9.145 adopted January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended December 16, 2022, effective December 17, 2022, 52 Pa.B. 7702. Immediately preceding text appears at serial pages (342094) and (388505).

This section cited in 49 Pa. Code § 9.151 (relating to standards of professional conduct).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.146 Loss or theft of seal; compromised digital signature and seal.

(a) Metal seal and digital seal. An architect shall immediately notify the Board upon discovery that the architect’s stamp or seal, or both, has been lost, stolen or compromised. Upon receipt of the notice, the Board will declare the lost, stolen or compromised stamp or seal void, and will authorize the issuance of a new registration number and the manufacture of a new stamp or seal. It is unlawful for a person to use the old stamp or seal.

(b) Digital signature. An architect shall immediately notify the Board upon discovery that the architect’s digital signature has been compromised.

The provisions of this § 9.146 issued under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P.S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14); amended under sections 6(a) and 12 of the Architects Licensure Law (62 P.S. § § 34.6(a) and 34.12).

The provisions of this § 9.146 adopted January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended December 16, 2022, effective December 17, 2022, 52 Pa.B. 7702. Immediately preceding text appears at serial page (388505).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.151 Standards of professional conduct.

An architect who fails to adhere to the standards of professional conduct in this section is subject to disciplinary action under section 19(4) of the act (63 P. S. § 34.19(4)). Unprofessional conduct includes, but is not limited to, the following:

(1) Failure to exercise due regard for the safety, life and health of the public, an employe or other individual who may be affected by the professional work for which he is responsible.

(2) Knowingly permitting, without proper authorization, substantial deviation from plans or specifications by a contractor or supplier, when professional observation of the work is the architect’s contractual responsibility.

(3) Knowingly practicing architecture in violation of relevant State and municipal building laws and regulations.

(4) Knowingly permitting, aiding or abetting an unlicensed or an unregistered person, partnership, association or corporation to perform activities requiring a license as an architect or registration.

(5) Knowingly engaging in or condoning dishonest or fraudulent activity.

(6) Paying or offering to pay, either directly or indirectly, a gift, bribe, kickback or other consideration to influence the award of a commission for work, or to secure payment on or the continuation of work in progress.

(7) Accepting or soliciting a substantial gift, bribe, commission or other consideration, either directly or indirectly, from a contractor, supplier or other party attempting to influence or otherwise affect the architect’s professional relationship with a client or employer.

(8) Having a financial interest in the earnings of a contractor or supplier on work for which the architect has assumed professional responsibility, without full disclosure to and the approval of a client or employer.

(9) Knowingly making or issuing a statement that is misleading, deceptive or fraudulent in regard to any aspect of his professional responsibilities or capabilities.

(10) Using an architect’s seal or stamp in violation of section 12 of the act (63 P. S. § 34.12) and § § 9.141—9.143 and 9.145 (relating to architect’s seal of licensure).

(11) Verifying a candidate’s IDP Council record that work was performed with skill, diligence and care when the architect knows that the work was not performed or was performed without skill, diligence and care.

(12) Knowingly misrepresenting his qualifications to a prospective or existing client or employer.

The provisions of this § 9.151 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P.S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.151 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206080) to (206081).

Effect of Renewal

Because a license renewal ‘‘is neither a statute of limitations nor a determination of a licensee’s continued qualification to practice the profession or occupation upon which the licensee may rely, [a] renewal does not estop the Board from later instituting proceedings to suspend or revoke an architect’s license.’’ Gangewere v. State Architects Licensure Board, 512 A.2d 1301 (Pa. Cmwlth. 1986).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.153 Discriminatory practices.

As provided in section 9 of the Pennsylvania Human Relations Act (43 P. S. § 959), the Board will, upon notice from the Pennsylvania Human Relations Commission, review the licensure status of an architect licensed by the Board and found to have been engaged in unlawful discriminatory practices by the Pennsylvania Human Relations Commission. A finding of unlawful discriminatory practice will result in a formal hearing before the Board, and will result in the revocation or suspension of the architect’s license, or other action as the Board may deem appropriate.

The provisions of this § 9.153 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.153 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30184).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.161 Compliance with applicable statutes.

An architect or group of architects may elect to practice architecture professionally as a sole proprietorship, a partnership, a professional association, a professional corporation, a limited liability company, a limited liability partnership or a business corporation. A practice so elected shall be formed and conducted under the act and this chapter. In addition, the practice shall comply as follows:

(1) In the case of a sole proprietorship, the owner for the practice of architecture as defined at section 3 of the act (63 P. S. § 34.3) shall be an architect licensed by the Board.

(2) In the case of a partnership, with 15 Pa.C.S. Chapter 83 (relating to the Uniform Partnership Act).

(3) In the case of a professional corporation, with 15 Pa.C.S. Chapter 29 (relating to professional corporations).

(4) In the case of a business corporation, with 15 Pa.C.S. Part II, Subpart B (relating to the Business Corporation Law of 1988).

(5) In the case of a professional association, with 15 Pa.C.S. Chapter 93 (relating to the Professional Association Act of 1988).

(6) In the case of a limited liability company, with 15 Pa.C.S. Chapter 89 (relating to limited liability companies).

(7) In the case of a limited liability partnership, with 15 Pa.C.S. Chapter 82 (relating to limited liability partnerships).

(8) The business form chosen by an architect may not affect the statutes of the Commonwealth applicable to the professional relationship or the contract, tort or other legal rights, duties and liabilities between the architect and the person receiving architectural services.

The provisions of this § 9.161 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and 34.14).

The provisions of this § 9.161 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended January 9, 2004, effective January 10, 2004, 34 Pa.B. 235. Immediately preceding text appears at serial pages (261689) to (261690).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.162 Firm practice.

The practice of architecture may be conducted in one of the following business forms:

(1) A sole proprietorship, when the owner is a licensee of the Board.

(2) A partnership (general or limited liability) or professional association, when the following exist:

(i) At least two-thirds of the partners or members are licensed in a state to practice architecture, engineering or landscape architecture.

(ii) At least one-third of the partners or members are licensed in a state to practice architecture.

(iii) At least one partner or member is a licensee of the Board.

(3) A professional corporation, when the following exist:

(i) Every shareholder is licensed in a state to practice architecture, engineering or landscape architecture.

(ii) At least one shareholder is a licensee of the Board.

(4) A business corporation, when the following exist:

(i) At least two-thirds of the directors are licensed in a state to practice architecture, engineering or landscape architecture.

(ii) At least one-third of the directors are licensed in a state to practice architecture.

(iii) At least one director is a licensee of the Board.

(iv) At least two-thirds of each class of voting stock issued or outstanding at one time are owned by architects, engineers or landscape architects.

(v) At least one-third of each class of voting stock issued or outstanding at one time are owned by individuals licensed in a state to practice architecture.

(5) A limited liability company, when the following exist:

(i) At least two-thirds of the members if managed by members or at least two-thirds of the managers if managed by managers are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(ii) At least one-third of the members if managed by members or at least one-third of the managers if managed by managers are licensed under the laws of any state to practice architecture.

(iii) At least one member or manager is a licensee of the Board.

(iv) At least two-thirds of all classes of voting membership at any one time shall be owned by an individual licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(v) At least one-third of all classes of voting membership at any one time shall be owned by an individual licensed under the laws of any state to practice architecture.

The provisions of this § 9.162 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and 34.14).

The provisions of this § 9.162 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended January 9, 2004, effective January 10, 2004, 34 Pa.B. 235. Immediately preceding text appears at serial pages (261690) and (246271).

This section cited in 49 Pa. Code § 9.163 (relating to prior approval by the Board); 49 Pa. Code § 9.164 (relating to exception for two owners); and 49 Pa. Code § 9.175 (relating to firm or business names).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.163 Prior approval by the Board.

The practice of architecture may not be conducted in one of the business forms specified at § 9.162 (relating to firm practice) without first receiving the written approval of the Board. Written approval shall be sought by submitting a completed application on forms provided by the Board along with the following documents to the Board:

(1) A copy of the completed Fictitious Name Application, Articles of Incorporation, Articles of Association, Partnership Agreement, Certificate of Authority or other relevant agreement or contract of association. If none of these documents apply to the particular business structure, composition or name of the firm, the rest of the filing requirements in this section shall be complied with.

(2) A copy of the proposed letterhead, containing thereon the names of the principals, followed by credentials indicating their respective professions, as well as the word ‘‘architect’’ or some derivation thereof as part of the name of the business, or as a subtitle thereto. At least one of the principals listed shall be a licensee of the Board. For purpose of this paragraph, ‘‘principal’’ means an officer, principal stockholder or person having a substantial interest in or management responsibility for an architectural practice.

(3) A complete list of the names of the individuals interested in the business as proposed, with specification for each as to profession, license number and state of licensure, if applicable, and percent of ownership. The list shall contain or have appended to it certification that the referenced licensed professionals are currently licensed by and in good standing with their state of licensure.

(4) Certification in writing that the owners will notify the Board prior to changes in the proposed ownership of the business, whenever the changes are contemplated. Proposed changes shall be reviewed and approved in writing by the Board prior to their implementation.

The provisions of this § 9.163 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and 34.14).

The provisions of this § 9.163 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended January 9, 2004, effective January 10, 2004, 24 Pa.B. 235. Immediately preceding text appears at serial pages (246271) to (246272).

This section cited in 49 Pa. Code § 9.171 (relating to the title ‘‘Architect’’); 49 Pa. Code § 9.176 (relating to the use of associates or unlicensed persons in firm names); and 49 Pa. Code § 43b.11a (relating to schedule of civil penalties—architects).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.164 Exception for two owners.

Section 9.162 (relating to firm practice) will not be construed to prevent the practice of architecture in a business form which is wholly owned by only two persons. The partnership, professional association, professional corporation, limited liability company, limited liability partnership or business corporation shall have at least one owner who is a licensee of the Board, and who owns at least 50% of the business.

The provisions of this § 9.164 issued under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and 34.14).

The provisions of this § 9.164 adopted January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended January 9, 2004, effective January 10, 2004, 34 Pa.B. 235. Immediately preceding text appears at serial page (246272).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.165 Architect as employe.

(a) Nothing in this chapter may be construed to prevent the employment of an architect by a business which is not engaged in the practice of architecture as defined in section 3 of the act (63 P. S. § 34.3), if the work performed by the employed architect concerns the modification of or the origination and supervision of the design or the construction of structures, or both, which the employer intends to utilize for its nonarchitectural business purpose. The employed architect shall be a licensee of the Board.

(b) This section does not prevent registered engineers from performing, or employing architects to perform, architectural services incidental to the practice of engineering, as provided in section 15(2) of the act (63 P. S. § 34.15(2)).

The provisions of this § 9.165 issued under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.165 adopted January 30, 1987, effective July 31, 1988, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206085).

Employment of Architect

This section which limits the purposes for which an architect may be employed by a nonarchitectural firm is valid and not in conflict with the architect’s licensure law. Consulting Engineers Council of Pennsylvania v. State Architects Licensure Board, 560 A.2d 1375 (Pa. 1989).

A nonarchitectural firm may employ a staff architect for architectural work, so long as the nonarchitectural firm uses the staff architect for its own internal purposes and does not market those architectural services to the public. Consulting Engineers Council of Pennsylvania v. State Architects Licensure Board, 551 A.2d 380, 383 (Pa. Commw. 1989); affirmed by Consulting Engineers Council of Pennsylvania v. State Architects Licensure Board, 560 A.2d 1375 (Pa. 1989).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.171 The title ‘‘Architect.’’

(a) Neither the title ‘‘Architect’’ nor ‘‘Architects’’ may be affixed or otherwise used in conjunction with a surname, word or business title when the use would imply that an individual, associate, partner, corporate officer or business is engaged in the practice of architecture when, in fact, the individual, associate, partner, corporate officer or business is not a person or business licensed or registered and approved by the Board under § 9.163 (relating to prior approval by the Board).

(b) Candidates for examination or awaiting the results of an examination may not use the title ‘‘architect.’’

The provisions of this § 9.171 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.171 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206086).

This section cited in 49 Pa. Code § 43b.11a (relating to schedule of civil penalties—architects).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.175 Firm or business names.

(a) An architect, group of architects or business organized for the practice of architecture under section 13 of the act (63 P. S. § 34.13) and § 9.162 (relating to firm practice) may use a firm name which incorporates the surnames of the owners or use a fictitious name if the firm files a certificate with the Board stating the name of the firm and the name and address of each person engaging in the practice.

(1) If a fictitious name is used, the name chosen shall contain the word ‘‘architect’’ or some derivation thereof, or shall be directly modified by a subtitle indicating that the purpose of the business is the practice of architecture.

(2) By use of a fictitious name, a firm may not use a surname, word, letters or figures indicating or intended to imply that the firm is engaged in a professional practice other than the practice of architecture and other professions as may be allowed under this chapter.

(b) An architect engaged in the practice of architecture individually or as a firm shall notify the Board upon his retiring or withdrawing from practice.

The provisions of this § 9.175 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.175 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206087).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.176 The use of associates or unlicensed persons in firm names.

The name of an architectural firm may also carry the words associate or associates, or may include the name of an unlicensed person, if approval of the name under § 9.163 (relating to prior approval by the Board) has been secured from the Board. If associates or unlicensed persons are used in the name or upon the stationery, letterhead, title block, specifications or another document prepared by the firm, the use may not imply that the unlicensed individual is licensed.

The provisions of this § 9.176 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.176 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206087) to (206088).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.177 Use of names of deceased, withdrawn or retired persons in firm names.

The names of deceased, withdrawn or retired sole owners, partners or shareholders may be retained in the firm name after their death, withdrawal or retirement only if:

(1) There is a written agreement providing for the continued use of the names between the deceased, withdrawn or retired persons and the succeeding owners of the firm.

(2) The parties to the written agreement have been active partners, association members or shareholders for at least 5 years at the time of death, withdrawal or retirement.

(3) The names of deceased, withdrawn or retired owners, partners, professional association members or shareholders are appropriately included on the firm stationery with suitable indication of status.

(4) The names of deceased, withdrawn or retired owners, partners, professional association members or shareholders are not carried in the firm name for more than 2 years after the death, withdrawal or retirement, unless the written agreement between the parties specifies otherwise.

(5) A copy of the written agreement is filed with the Board at the time of the death, withdrawal or retirement, and the agreement receives the written approval of the Board.

The provisions of this § 9.177 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.177 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206088) to (206089).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.181 Filing of complaints.

Any person, firm, corporation or public officer may submit a written complaint regarding the practice of architecture to the Complaints Office of the Bureau.

The provisions of this § 9.181 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.181 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206089).

This section cited in 49 Pa. Code § 9.182 (relating to records of charges against an architect).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.182 Records of charges against an architect.

A written statement under § 9.181 (relating to filing of complaints) shall be formally filed, and referred to the Office of Prosecution of the Bureau, which shall cause an investigation to be conducted.

The provisions of this § 9.182 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.182 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206089).

This section cited in 49 Pa. Code § 9.202 (relating to records of charges).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.183 Supporting evidence.

A charge made against an architect, group of architects or architectural firm shall be pleaded with specificity, and shall be accompanied by evidence supporting the allegations, if evidence is available to the complainant. If the complainant is unable to provide evidence, the complainant shall indicate specifically where evidence may be found, reviewed or sought.

The provisions of this § 9.183 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.183 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30189).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.184 Applicability of general rules.

This chapter supplements 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), for proceedings before the Board.

The provisions of this § 9.184 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.184 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30189).

This section cited in 49 Pa. Code § 9.185 (relating to hearings).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.185 Hearings.

(a) Investigations into charges raised in filed complaints may result in a determination to proceed to a formal hearing to consider disciplinary action against the person charged.

(b) Every phase of a proceeding shall be conducted under § 9.184 (relating to applicability of general rules).

The provisions of this § 9.185 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.185 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206090) to (206091).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.186 Disqualification of a Board member.

If, for personal reasons, a member of the Board finds that he should not act on any charge before the Board, he may disqualify himself from acting in the proceedings. By majority vote, the Board may request but cannot demand that a member of the Board so disqualify himself. Suggestions by any party that any member of the Board should disqualify himself shall be included in the record of the proceedings and will be considered by the Board.

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.187 Absence from the hearing.

Appearance at a hearing may be waived by the accused. If so waived, the hearing shall proceed at the time and place set in the notice of the hearing, and the waiver will be noted in the record.

The provisions of this § 9.187 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.187 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30190).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.190 Return of license.

In the event of revocation or suspension of a license, the licensee shall be required to immediately return his license and his current biennial renewal card. The licensee’s seal and stamp will also be impounded by the Board.

The provisions of this § 9.190 amended under sections 6(a), (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14).

The provisions of this § 9.190 amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206091) to (206092).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.201 Charges and complaints.

(a) Charges brought against a nonarchitect alleging the unauthorized practice of architecture in violation of section 18 of the act (63 P. S. § 34.18) may be brought by a person or group of persons, and shall be brought to the attention of the Board by the filing of a written statement with the Complaints Office of the Bureau.

(b) Charges shall plead the allegations raised with specificity, and may include, but are not limited to, the following:

(1) Verbal, printed or written representation that the communicator is a registered architect.

(2) Use of a stamp or seal belonging to a registered architect, where the use is not authorized by the owner of the stamp or seal.

(3) Providing or offering to provide architectural services.

(4) Ownership of a professional association, professional corporation, partnership or business corporation that violates section 13 of the act (63 P. S. § 34.13).

(5) Ownership of a sole proprietorship that engages in the practice of architecture.

The provisions of this § 9.201 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.201 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30191).

This section cited in 49 Pa. Code § 9.202 (relating to records of charges).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.202 Records of charges.

(a) A written statement under § 9.201 (relating to charges and complaints) shall be formally filed, and referred to the Board Prosecutor, for treatment under § 9.182 (relating to records of charges against an architect).

(b) A determination as to whether to proceed further on the filed charges shall be made by the Office of Prosecution of the Bureau. Licensed architects may be employed as necessary to provide expertise required for the review of the architectural aspects of a complaint and to assist in the prosecution of individual cases.

The provisions of this § 9.202 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.202 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206092) to (206093).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.203 Supporting evidence.

Charges made against a nonarchitect shall be accompanied by evidence supporting the allegations, if evidence is available to the complainant without undue risk, threat or harm. If the complainant is unable to provide evidence, he shall indicate specially where evidence may be found, reviewed or sought.

The provisions of this § 9.203 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.203 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30191).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.204 Applicability of general rules.

This chapter supplements 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

The provisions of this § 9.204 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

The provisions of this § 9.204 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542. Immediately preceding text appears at serial page (30192).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

49 Pa. Code § 9.211 Identification of classes of registration.

Classes of licensure as an architect in this Commonwealth shall be limited to Classes X and B.

(1) Class X. Licensure by examination.

(2) Class B. Licensure by reciprocity may be granted to a practicing architect who holds a current license, in good standing, in any other state or country whose requirements for obtaining licensure are equal to those required under the act.

The provisions of this § 9.211 amended under sections 6(a), (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.6(a), (b) and (d), 34.8(b), 34.13(h) and 34.14).

The provisions of this § 9.211 corrected September 16, 1994, effective September 2, 1978, 24 Pa.B. 4678; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206094) to (206095).

History

Authority: The provisions of this Chapter 9 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 9 adopted January 1, 1969, amended through October 22, 1976, effective October 23, 1976, 6 Pa.

Chapter 11 State Board of Accountancy

49 Pa. Code § 11.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AICPA—American Institute of Certified Public Accountants. Act—The CPA Law (63 P.S. § § 9.1—9.16b). Attest activity—The provision of any of the following financial statement services together with the issuance of a report expressing or disclaiming an opinion or other assurance on the information:

(i) An audit or other engagement performed in accordance with Statements on Auditing Standards.

(ii) A review or compilation of a financial statement performed in accordance with SSARS.

(iii) An engagement performed in accordance with SSAE.

(iv) An audit or other engagement performed in accordance with Government Auditing Standards issued by the Comptroller General of the United States.

(v) Other engagement performed in accordance with attestation standards established by an organization granted authority by statute or regulation to establish attestation standards, such as the AICPA or the PCAOB. Board—The State Board of Accountancy of the Commonwealth. CPA—Certified public accountant. CPE—Continuing professional education. CPE program sponsor—An individual or entity that assumes responsibility for presenting a CPE program that is structured as a group study program, interactive individual study program or noninteractive individual study program. Candidate—A person sitting for an examination. Certificate—A certificate as a ‘‘certified public accountant’’ issued under the act or a corresponding right to practice as a certified public accountant issued after examination under the law of another jurisdiction. Certificate of completion—A document prepared by a CPE program sponsor evidencing a participant’s completion of a group study program, interactive individual study program or noninteractive individual study program. Certified public accountant—An individual to whom a certificate has been issued. Client—A person that agrees orally, in writing or in electronic form with a certified public accountant, public accountant or firm to receive a professional service. Commission—

(i) Compensation for recommending or referring a product or service to be supplied by another person.

(ii) The term does not include a referral fee. Compilation—A service performed in accordance with SSARS that presents, in the form of financial statements, information that is the representation of management or the owners without undertaking to express any assurance on the statements. Contingent fee—A fee established for the performance of a service under an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of the service. Engagement—An undertaking by a licensee embodied in an agreement between the licensee and the client which defines the scope and terms of the services. Enterprise—A person or entity, whether organized for profit or not, with respect to which a licensee performs professional services. Financial statement—

(i) A statement and footnotes related to the statement that purport to show financial position which relates to a point in time or changes in financial position which relate to a period of time.

(ii) The term includes statements which use a cash or other incomplete basis of accounting.

(iii) The term also includes balance sheets, statements of income, statements of retained earnings, statements of changes in financial position and statements of changes in owner’s equity.

(iv) The term does not include incidental financial data included in management advisory services reports to support recommendations to a client, tax returns or supporting schedules. Firm—A qualified association that is a licensee. GAAP—Generally Accepted Accounting Principles. GAAS—Generally Accepted Auditing Standards. GAGAS—Generally Accepted Government Auditing Standards. Group study program—A CPE program that is designed to permit a participant to learn a given subject through interaction with an instructor and other participants. Inactive status—

(i) Status of a CPA or public accountant who has returned his license to practice public accounting to the Board and who has requested in writing that the Board place his name on the inactive roll.

(ii) The term does not apply to the status of a CPA or public accountant whose license to practice public accounting has expired for failure to comply with requirements for biennial renewal of licensure. Instructional design—A teaching plan that considers the organization and interaction of program materials as well as the method of presentation such as lecture, seminar, workshop or program instruction. Interactive individual study program—A CPE program that is designed to use interactive learning methodologies that simulate a classroom learning process by employing software, other courseware or administrative systems that provide significant ongoing interactive feedback to the participant regarding the learning process. Licensee—

(i) An individual who is certified by or registered with the Board and holds a current license to practice under section 8.2 of the act (63 P.S. § 9.8b) or a qualified association that holds a current license to practice under section 8.8 of the act (63 P.S. § 9.8h).

(ii) The term does not include an individual who is on inactive status under section 8.2(a.1) of the act or who does not otherwise hold a current license. NASBA—National Association of State Boards of Accountancy. New candidate—A candidate who is taking the examination in this Commonwealth for the first time. Noninteractive individual study program—A CPE program that is designed to permit a participant to learn a given subject without interaction with an instructor or interactive learning methodologies and requires the participant to achieve a 70% minimum grade on a written examination or workbook. PCAOB—Public Company Accounting Oversight Board. Professional competence—Having requisite knowledge, skills and abilities to provide quality professional service as defined by the technical and ethical standards of the profession. Professional services—Services performed by a certified public accountant, public accountant or firm as part of the practice of public accounting or services that would be part of the practice of public accounting except that the individual performing the services does not hold out as a certified public accountant or public accountant. Public accounting—Offering to perform or performing for a client or potential client:

(i) Attest activity.

(ii) Other professional services involving the use of accounting skills, including management advisory or consulting services, business valuations, financial planning, preparation of tax returns or furnishing of advice on tax matters by a person holding out as a CPA, public accountant or firm. Public communication—A communication made in identical form to multiple persons as to the world at large, such as by television, radio, motion picture, newspaper, pamphlet, mass mailing, letterhead, business card or directory. Qualified association—An association as defined in 15 Pa.C.S. § 102 (relating to definitions) that is incorporated or organized under the laws of the Commonwealth or any other state or foreign jurisdiction if the organic law under which the association is incorporated or organized does not afford the shareholders, partners, members or other owners of equity interest in the association or the officers, employees or agents of the association greater immunity than is available to the shareholders, officers, employees or agents of a professional corporation under 15 Pa.C.S. § 2925 (relating to professional relationship retained). SEC—Securities and Exchange Commission. SSAE—Statements on Standards for Attestation Engagements. SSARS—Statements of Standards on Accounting and Review Services. Statements on auditing standards—The Statements on Auditing Standards of the Auditing Standards Board of the AICPA, or similar professional standard which supersedes these statements. Substantial equivalency—Either of the following:

(i) The education, examination and experience requirements in the statutes and regulations of another jurisdiction are comparable to or exceed the education, examination and experience requirements in the act.

(ii) A certified public accountant’s education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements in the act.

The provisions of this § 11.1 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 3 of the CPA Law (63 P.S. § 9.3); amended under sections 3(a)(10)—(12), 6 and 8.2 of the CPA Law (63 P.S. § § 9.3(a)(10)—(12), 9.6 and 9.8b)).

The provisions of this § 11.1 adopted September 1, 1963; amended September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended May 21, 1982, effective May 22, 1982, 12 Pa.B. 1643; amended May 7, 1993, effective May 8, 1993, 23 Pa.B. 2231; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6418; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364409) to (364410) and (378837) to (378838).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.3 Applicability of general rules.

The provisions of this § 11.3 adopted February 13, 1976, effective February 14, 1976, 6 Pa.B. 325.

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.4 Fees.

Following is the schedule of fees charged by the Board:

Certification and initial licensure of certified public accountant…$65

Initial licensure of public accounting firm…$45

Temporary practice permit…$25

Biennial renewal of license of certified public accountant, public accountant or public accounting firm…$100

Reinstatement of inactive or expired license…$35

Certification of scores…$25

Verification of certification, registration or licensure…$15

Initial approval of program sponsor or reapproval of previously approved program sponsor…$145

Biennial renewal of approval of program sponsor…$150

The provisions of this § 11.4 amended under sections 3(a)(6) and (10)—(12), 6 and 9.2(d)(2) of the CPA Law (63 P.S. § § 9.3(a)(6) and (10)—(12), 9.6 and 9.9b(d)(2)).

The provisions of this § 11.4 adopted July 13, 1979, effective September 6, 1979, 9 Pa.B. 3000; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3494; amended December 8, 2000, effective December 9, 2000, 30 Pa.B. 6344; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; corrected February 23, 2001, effective January 13, 2001, 31 Pa.B. 1154; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1768; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. 6656; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial page (364413).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.5 Temporary practice in this Commonwealth; practice under substantial equivalency.

(a) Requirements for temporary practice. Except as provided in subsection (e), a CPA or qualified association composed of CPAs of another state may temporarily practice public accounting in this Commonwealth, if the CPA or qualified association:

(1) Holds a current license or registration to practice public accounting in the other state.

(2) Concurrently practices public accounting in the other state.

(3) Obtains from the Board a temporary practice permit prior to performing the temporary work.

(b) Temporary practice permit. The temporary practice permit:

(1) Allows the permitholder to work for not more than 500 hours in this Commonwealth during a 12-month period, except that this 500-hour limitation does not apply if the permitholder is working only on a single, nonrecurring engagement.

(2) Is valid for not more than 12 months.

(3) Is renewable if the permit was not granted for a single, nonrecurring engagement in excess of 500 hours.

(c) Failure to meet requirements for temporary practice. Except as provided in subsection (e), a CPA or qualified association of CPAs of another state that desires to practice public accounting in this Commonwealth but does not qualify for a temporary practice permit shall comply, as appropriate, with sections 5, 8.2 and 8.8 of the act (63 P.S. § § 9.5, 9.8b and 9.8h).

(d) Exemption from requirement of temporary practice permit. Subsection (a) does not apply to a CPA or qualified association of CPAs of another state that, while not holding out as a CPA, public accountant or licensee, offers and renders in this Commonwealth bookkeeping and similar technical services or other services involving the use of accounting skills, including the preparation of tax returns and the preparation of financial information without issuing a report or other communication that expresses an opinion or assurance on the statements.

(e) Practice under substantial equivalency. An individual who satisfies the requirements of section 5.2 of the act (63 P.S. § 9.5b) may practice public accounting in this Commonwealth to the extent authorized by section 5.2 of the act without holding a registration, certificate or temporary practice permit from the Board. A firm that satisfies the requirements of section 5.4 of the act (63 P.S. § 9.5d) may practice public accounting in this Commonwealth to the extent authorized by section 5.4 of the act without holding a current license or temporary practice permit from the Board.

The provisions of this § 11.5 issued under section 13(b) of the CPA Law (63 P.S. § 9.13(b)); amended under sections 3(a)(10)—(12) and (b), 6 and 9.2(d)(2) of the CPA Law (63 P.S. § § 9.3(a)(10)—(12) and (b), 9.6 and 9.9b(d)(2)).

The provisions of this § 11.5 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 780; amended December 8, 2000, effective December 9, 2000, 30 Pa.B. 6344; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364413) to (364414).

This section cited in 49 Pa. Code § 11.7 (relating to use of the designation ‘‘public accountant’’ and the abbreviation ‘‘PA’’); and 49 Pa. Code § 11.8 (relating to use of the designation ‘‘certified public accountant’’ and the abbreviation ‘‘CPA’’ in the practice of public accounting).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.7 Use of the designation ‘‘public accountant’’ and the abbreviation ‘‘PA.’’

(a) Only the following individuals and entities may use the designation ‘‘public accountant,’’ the abbreviation ‘‘PA,’’ or any other title, designation, words, letters or abbreviation tending to indicate that the user is a public accountant or is composed of public accountants:

(1) An individual who holds a public accountant registration and a current license from the Board.

(2) An individual who holds a certificate of certified public accountant from the Board or who has received written notification from the Board that he is qualified to receive a certificate of certified public accountant.

(3) A qualified association that holds a current license from the Board.

(4) An individual or firm practicing under substantial equivalency in accordance with § 11.5(e) (relating to temporary practice in this Commonwealth; practice under substantial equivalency).

(b) An individual or qualified association engaged in the practice of public accounting may not use the designation ‘‘public accountant,’’ the abbreviation ‘‘PA,’’ or any other title, designation, words, letters or abbreviation tending to indicate that the user is a public accountant or composed of public accountants unless the user holds a current license from the Board or the user is practicing under substantial equivalency in accordance with § 11.5(e).

(1) An individual who is registered by the Board as a public accountant but who does not hold a current license uses a business card bearing the designation ‘‘public accountant.’’ Explanation: The individual shall obtain a current license to use the designation ‘‘public accountant.’’

(2) An individual who is certified by the Board as a CPA but who does not hold a current license signs tax returns that he prepares for clients as ‘‘John Doe, PA.’’ Explanation: The individual shall obtain a current license to use the abbreviation ‘‘PA’’ because the preparation of tax returns while using such an abbreviation constitutes the practice of public accounting.

(d) An individual or entity that violates this section shall be subject to disciplinary action, as appropriate, under sections 9.1, 12, 14 and 16 of the act (63 P.S. § § 9.9a, 9.9c, 9.14 and 9.16).

The provisions in this § 11.7 amended under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.7 adopted November 30, 1990, effective December 1, 1990, 20 Pa.B. 5934; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5049. Immediately preceding text appears at serial page (364415).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.8 Use of the designation ‘‘certified public accountant’’ and the abbreviation ‘‘CPA’’ in the practice of public accounting.

(a) Only the following individuals and entities may use the designation ‘‘certified public accountant,’’ the abbreviation ‘‘CPA,’’ or any other designation, title, words, letters or abbreviation tending to indicate that the user is a CPA or composed of CPAs while engaged in the practice of public accounting:

(1) An individual who holds a certificate of certified public accountant and a current license from the Board.

(2) An individual who holds a public accountant registration and current license from the Board and who has received written notification from the Board that he is qualified to receive a certificate of certified public accountant.

(3) A qualified association that holds a current license from the Board.

(4) An individual or firm practicing under substantial equivalency in accordance with § 11.5(e) (relating to temporary practice in this Commonwealth; practice under substantial equivalency).

(b) An individual or qualified association engaged in the practice of public accounting may not use the designation ‘‘certified public accountant,’’ the abbreviation ‘‘CPA,’’ or any other title, designation, words, letters or abbreviation tending to indicate that the user is a CPA or composed of CPAs unless the user holds a current license from the Board or the user is practicing under substantial equivalency in accordance with § 11.5(e).

(1) An individual who is certified by the Board as a CPA but who does not hold a current license offers to establish a bookkeeping system for a potential client and tells the potential client that he is a ‘‘certified public accountant.’’ Explanation: The individual shall obtain a current license to use the designation ‘‘certified public accountant’’ because offering to perform a service related to accounting while using the designation constitutes the practice of public accounting.

(2) An unlicensed partnership comprised of two individuals—‘‘Smith’’ and ‘‘Brown’’—who possess certificates of certified public accountant and current licenses from the Board offers to perform tax preparation services for clients under the business name ‘‘Smith & Brown, CPAs.’’ Explanation: The partnership, being a qualified association, shall obtain a current license to use the designation ‘‘CPAs’’ because offering to prepare tax returns while using the designation constitutes the practice of public accounting.

(d) An individual or entity that violates this section shall be subject to disciplinary action, as appropriate, under sections 9.1, 12, 14 and 16 of the act (63 P.S. § § 9.9a, 9.9c, 9.14 and 9.16).

The provisions of this § 11.8 amended under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.8 adopted November 30, 1990, effective December 1, 1990, 20 Pa.B. 5934; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364415) to (364416).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.9 Use of the designation ‘‘certified public accountant’’ and the abbreviation ‘‘CPA’’ solely as mark of achievement by individual without current license.

(a) An individual who holds a certificate of certified public accountant but does not maintain a current license to practice public accounting, or an individual who has received notification from the Board that he is qualified to receive a certificate of certified public accountant, may use the designation ‘‘certified public accountant’’ and the abbreviation ‘‘CPA’’ solely as a mark of achievement subject to the following conditions:

(1) The certificate of certified public accountant has not been suspended or revoked.

(2) The individual has notified the Board in writing that he wishes to be placed on inactive status.

(3) The individual does not practice or offer to practice public accounting and is not a member or employee of a public accounting firm.

(4) The individual does not hold himself out to be in the practice of public accounting when performing or offering to perform accounting, bookkeeping, tax or accounting-related matters.

(5) The individual does not use the designation ‘‘certified public accountant’’ or the abbreviation ‘‘CPA’’ in advertising, including listings and advertisements in phone directories, newspapers, magazines, electronic media and indoor and outdoor signs.

(6) The individual does not display the certificate of certified public accountant in a manner that suggests he is authorized to practice public accounting.

(7) The individual’s use of the designation ‘‘certified public accountant’’ and the abbreviation ‘‘CPA’’ under this section is limited to business cards, letterhead or other stationery, and resumes or curriculum vitae, subject to the following conditions:

(i) The word ‘‘inactive’’ must appear immediately adjacent to the designation or abbreviation.

(ii) Business cards, letterhead and other stationery must include the name of the individual’s employer and the individual’s job title or, if the individual is self-employed, the nature of the individual’s business.

(b) The following are examples of unlawful use under this section:

(1) The holder of a certificate of certified public accountant whose license is on inactive status has a sign in the window of his home that bears his name and the abbreviation ‘‘CPA.’’ Explanation: The sign is an offer to practice public accounting, which requires possession of a current license.

(2) The holder of a certificate of certified public accountant whose license is on inactive status and who is employed in private industry uses a business card that bears his name, the abbreviation ‘‘CPA,’’ his employer’s name and his job title. The individual shows the business card to an acquaintance and offers to set up an accounting procedure. Explanation: The offer is an offer to practice public accounting, which requires possession of a current license.

(c) An individual or entity that violates this section shall be subject to disciplinary action, as appropriate, under sections 9.1, 12, 14 and 16 of the act (63 P. S. § § 9.9a, 9.9c, 9.14 and 9.16).

The provisions of this § 11.9 section 9.3(a)(11) and (12) of The CPA Law (63 P. S. § 9.3(a)(11) and (12)).

The provisions of this § 11.9 adopted November 30, 1990, effective December 1, 1990, 20 Pa.B. 5934; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial pages (206106) and (303385).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.16 Examination completion requirement.

(a) The CPA examination will be administered during an examination window that consists of the first 2 months of each quarter of every year. An examination candidate may take the four parts of the examination individually or in combination, and in any order. A candidate may take each unpassed part of the examination once during each examination window. A candidate will receive conditional credit for passing each part of the examination without regard to the scores on the parts not passed.

(b) Unless extended by the Board as provided in subsection (c), an examination candidate shall pass all parts of the examination during a rolling 18-month period that begins on the date the candidate first passes one part of the examination. If the candidate does not pass all parts of the examination within the 18-month period, conditional credit for any part passed outside the 18-month period will expire, and the candidate shall retake that part of the examination.

(c) Notwithstanding the requirements of subsections (a) and (b), the Board may extend the term of a candidate’s conditional credit upon the candidate’s showing that the conditional credit expired by reason of circumstances beyond the candidate’s control.

The provisions of this § 11.16 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 3 of the CPA Law (63 P.S. § 9.3); amended under section 812(b) and (e) of The Administrative Code of 1929 (71 P.S. § 279.3a(b) and (e)); and sections 3(a)(3) and (10)—(12) and 6 of the CPA Law (63 P.S. § § 9.3(a)(3) and (10)—(12) and 9.6).

The provisions of this § 11.16 adopted May 2, 1980, effective May 3, 1980, 10 Pa.B. 1776; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended November 9, 1990, effective November 10, 1990, and apply retroactively to November 1, 1990, 20 Pa.B. 5634; amended April 22, 1994, effective April 23, 1994, 24 Pa.B. 2081; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1768; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364419) to (364421).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.18 Character references for examination.

An initial candidate for the CPA examination shall have three individuals, including one certified public accountant, sign the examination application as character references. The individuals selected as character references shall be residents of this Commonwealth who have known the candidate for at least 3 years and who are not related to the candidate. The candidate may submit with the examination application other individuals as character references if the candidate, for good cause shown, is unable to obtain the signatures of individuals who satisfy the requirements of this section.

The provisions of this § 11.18 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(a)(10)—(12) of the CPA Law (63 P. S. § 9.3(a)(10)—(12)).

The provisions of this § 11.18 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1768. Immediately preceeding text appears at serial pages (271674) and (261695).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.21 Independence.

A licensee may not perform an attest activity for an enterprise in a manner to imply that he is acting as an independent public accountant with respect thereto unless he is independent with respect to the enterprise. Independence will be considered impaired when the licensee has not complied with the independence rules and requirements of a recognized public or private standard-setting body as applicable under the circumstances. Examples of standard-setting bodies include the AICPA, PCAOB, SEC, General Accounting Office and Department of Labor.

The provisions of this § 11.21 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(a)(10)—(12) of the CPA Law (63 P. S. § 9.3(a)(10)—(12)).

The provisions of this § 11.21 adopted September 1, 1963; amended December 11, 1970, December 12, 1970, 1 Pa.B. 636; amended December 31, 1970, effective January 2, 1971, 1 Pa.B. 771; amended February 5, 1971, effective February 6, 1971, 1 Pa.B. 914; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial pages (303389) to (303390).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.22 Integrity and objectivity.

A licensee may not in the performance of professional services knowingly misrepresent facts, nor subordinate his judgment to others; in tax practice, however, a licensee may resolve doubt in favor of his client as long as there is reasonable support for his position.

The provisions of this § 11.22 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(a)(10)—(12) of the CPA Law (63 P. S. § 9.3(a)(10)—(12)).

The provisions of this § 11.22 adopted September 1, 1963; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354. Immediately preceding text appears at serial pages (9617) to (9618).

Laches

Although the equitable defense of estoppel by laches is available against the Commonwealth in an administrative disciplinary proceeding by a licensing board, a 6 year delay between the occurrance and in bringing disciplinary action did not evidence lack of due diligence by the Board. Weinberg v. State Board of Examiners of Public Accountants, 501 A.2d 239 (Pa. 1985).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.23 Competence.

A licensee may not undertake any engagement for the performance of professional services which he cannot reasonably expect to complete with due professional competence including compliance, when applicable, with § § 11.27 and 11.28 (relating to auditing standards and other technical standards; and accounting principles).

The provisions of this § 11.23 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(a)(10)—(12) of the CPA Law (63 P. S. § 9.3(a)(10)—(12)).

The provisions of this § 11.23 adopted September 1, 1963; amended December 11, 1970, effective December 12, 1970, 1 Pa.B. 636; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354. Immediately preceding text appears at serial pages (9618) to (9619).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.23a Competence to supervise attest services.

(a) A licensee may not supervise attest services and sign or authorize another to sign an accountant’s report for attest services unless the licensee satisfies the competence requirements of this section.

(b) To be competent to supervise attest services and sign or authorize another to sign an accountant’s report for attest services, a licensee shall:

(1) Meet at least one of the following:

(i) Have at least 400 hours of experience within the previous 5 years in providing attest services gained in government, industry, academia or public practice and at least 24 hours of CPE in the area of accounting, auditing or attest during the 24 months immediately preceding issuance of the report. This CPE must comply with the standards of § § 11.61—11.64, 11.67, 11.68, 11.68a, 11.69a, 11.71, 11.71a and 11.72 and may be used to satisfy the requirements of § § 11.62(a)—(c) and 11.63(a)(1) (relating to CPE requirement for issuance of license; waiver or extension; and CPE subject areas; relevance to professional competence).

(ii) Be a member of or employed by a firm registered with the Board that has met the requirements of § 11.82 (relating to peer review compliance).

(2) Have maintained the level of education, experience and professional conduct required by applicable generally accepted professional standards as described in § 11.27 (relating to auditing standards and other technical standards).

The provisions of this § 11.23a issued under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.23a adopted September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940.

This section cited in 49 Pa. Code § 11.63 (relating to CPE subject areas; relevance to professional competence).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.24 Commissions and referral fees.

(a) General. A licensee engaged in public practice is permitted to receive commissions and accept or pay referral fees subject to the requirements in section 12(p) of the act (63 P. S. § 9.12(p)) and this section.

(b) Notification to Board. A licensee who receives or intends to receive commissions shall report this fact on the application for biennial renewal of the license.

(c) Cooperation with peer reviewer. A licensee who receives commissions and who is subject to peer review under section 8.9 of the act (63 P. S. § 9.8i) shall furnish peer reviewers with compensation records for purposes of verifying compliance with section 12(p)(1) of the act.

(d) Related licensure/registration. Prior to receiving commissions, a licensee shall acquire and maintain in good standing any license or registration required by another governmental or private standard-setting body for the purpose of receiving commissions. Examples of bodies that may regulate the receipt of commissions are:

(1) The Pennsylvania Securities Commission (sale of securities).

(2) The National Association of Securities Dealers (sale of securities).

(3) The Insurance Department (sale of insurance).

(4) The State Real Estate Commission (sale of real estate).

(e) Disclosure to client. A licensee who receives a commission or who accepts or pays a referral fee shall make the disclosures required by section 12(p)(4) of the act in an engagement or representation letter that is signed by the client.

(f) Workpapers. A licensee who receives a commission shall maintain workpapers that document discussions regarding the client’s investment needs, the investment strategies considered, and the basis for the investment strategy recommended by the licensee.

The provisions of this § 11.24 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of the CPA Law (63 P. S. § 9.3 (10)—(12)); amended under section 3(a)(11) and (12) of The CPA Law (63 P. S. § 9.3(a)(11) and (12)).

The provisions of this § 11.24 adopted December 11, 1970, effective December 12, 1970, 1 Pa.B. 636; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 151. Immediately preceding text appears at serial page (261697).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.25 Contingent fees.

A licensee who seeks to collect a contingent fee shall comply with the rules of the AICPA, PCAOB, SEC and other recognized public or private standard-setting bodies as applicable to the professional services being performed.

The provisions of this § 11.25 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3 (10)—(12)).

The provisions of this § 11.25 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6420; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial page (272588).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.26 Incompatible occupations.

A licensee may not concurrently engage in the practice of public accounting and in another business or occupation which impairs his independence or objectivity in rendering professional services.

The provisions of this § 11.26 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3 (10)—(12)).

The provisions of this § 11.26 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354.

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.27 Auditing standards and other technical standards.

(a) Auditing standards. A licensee may not permit his name to be associated with financial statements to imply that he is acting as an independent public accountant with respect to the financial statements unless he has complied with applicable GAAS. Statements on auditing standards issued by the AICPA or other pronouncements having similar generally recognized authority are considered to be interpretations of GAAS. A licensee shall justify any departures from the standards.

(b) Other technical standards. A licensee shall comply with other technical standards promulgated by bodies of the AICPA, PCAOB or other recognized authorities designated to establish the standards. A licensee shall justify any departures from the standards.

The provisions of this § 11.27 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.27 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial pages (272589) and (206115).

This section cited in 49 Pa. Code § 11.23 (relating to competence); and 49 Pa. Code § 11.23a (relating to competence to supervise attest services).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.28 Accounting principles.

A licensee may not express an opinion that financial statements are presented in conformity with GAAP if the financial statements contain any departure from GAAP that has a material effect on the financial statements taken as a whole, unless the licensee can demonstrate that by reason of unusual circumstances the financial statements would otherwise be misleading. In that case, the report of the licensee must describe the departure, the approximate effects thereof if practicable, and the reasons why compliance with the principle would result in a misleading statement. For purposes of this section, GAAP are considered to be defined by pronouncements issued by the Financial Accounting Standards Board and its predecessor entities and similar pronouncements issued by other entities having similar generally recognized authority.

The provisions of this § 11.28 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.28 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial page (206115).

This section cited in 49 Pa. Code § 11.23 (relating to competence).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.29 Forecasts.

A licensee may not in the performance of professional services permit his name to be used in conjunction with any forecast of future transactions in a manner which may reasonably lead to the belief that the licensee vouches for the achievability of the forecast.

The provisions of this § 11.29 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.29 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354.

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.30 Confidential client information.

Except to the extent provided by section 11.1 of the act (63 P. S. § 9.11a), a licensee may not disclose confidential information pertaining to a client obtained in the course of performing professional services unless the client consents to the disclosure.

The provisions of this § 11.30 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.30 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial page (206116).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.31 Records.

A licensee who is requested by a client or former client to furnish a document to which the client or former client is entitled under section 11 of the act (63 P. S. § 9.11) shall comply with the request within a reasonable period of time.

The provisions of this § 11.31 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.31 adopted September 1, 1963; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial pages (206116) to (206117).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.32 Acting through others.

A licensee may not permit others to carry out on his behalf, either with or without compensation, acts which, if carried out by the licensee, would place him in violation of this chapter or of the act.

The provisions of this § 11.32 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.32 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354.

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.33 Advertising.

A licensee may not use or participate in the use of a form of public communication having reference to his professional services which contains a false, fraudulent, misleading or deceptive statement or claim. A false, fraudulent, misleading, or deceptive statement or claim includes but is not limited to a statement or claim which:

(1) Contains a misrepresentation of fact.

(2) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts.

(3) Is intended or likely to create false or unjustified expectations of favorable results.

(4) Implies educational or professional attainments or licensing recognition not supported in fact.

(5) States or implies that the licensee has received formal recognition as a specialist in an aspect of the practice of public accountancy if this is not the case.

(6) Represents that professional services can or will be competently performed for a stated fee when this is not the case or makes representations with respect to fees for professional services that do not disclose variables affecting the fees that will in fact be charged or when such representations would prompt an ordinarily prudent person to believe that such variable charges would be included.

(7) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.

The provisions of this § 11.33 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.33 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354.

This section cited in 49 Pa. Code § 11.34 (relating to solicitation).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.34 Solicitation.

A licensee may not, by any direct personal communication, solicit an engagement to perform professional services:

(1) If the communication would violate § 11.33 (relating to advertising) if it were public communication.

(2) By the use of coercion, duress, compulsion, intimidation, threats, overreaching or vexatious or harassing conduct.

The provisions of this § 11.34 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.34 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354.

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.35 Form of practice.

A licensee may practice public accounting as a sole practitioner or firm, or as an employee of a sole practitioner or a member or employee of a firm, subject to the requirements of the act.

The provisions of this § 11.35 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(10)—(12) act of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.35 adopted August 15, 1980, effective August 16, 1980, 10 Pa.B. 3354; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial page (206118).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.36 Form of business name; disclosure.

(a) A licensee that is a firm or sole practitioner may use a fictitious name as a business name.

(b) A sole practitioner who uses a business name bearing the words ‘‘and company,’’ ‘‘and associates’’ or a variation of those words shall disclose in writing to a client that he is a sole practitioner before renewing an engagement agreement with the client and shall disclose in writing to a potential client that he is a sole practitioner before entering into an engagement agreement with the potential client.

The provisions of this § 11.36 issued under section 3(a)(11) and (12) of The CPA Law (63 P. S. § 9.3(10)—(12)).

The provisions of this § 11.36 adopted July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055.

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.55 Experience requirements for CPA certification.

(a) General requirements. Except as provided in subsection (b), a candidate for CPA certification shall have completed at least 1,600 hours of qualifying experience during the 60-month period immediately preceding the date of application that included providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills which were gained through employment in government, industry, academia or public practice. The 1,600 hours of qualifying experience shall be acquired over a period of not less than 12 months.

(b) Exceptions.

(1) A candidate who sat for the CPA examination before December 31, 2011, but did not pass at least one part of the examination before that date and satisfies the requirements of § 11.57(a)(1) (relating to education requirements for CPA certification) shall have completed at least 1 year of qualifying experience meeting the requirements of subsections (a) and (c) during the 120-month period immediately preceding the date of application.

(2) A candidate who passed at least one part of the CPA examination before December 31, 2011, and satisfies the requirements of § 11.57(a)(2) shall have completed at least 2 years of qualifying experience meeting the requirements of subsections (a) and (c) during the 120-month period immediately preceding the date of application.

(3) A candidate who passed at least one part of the CPA examination before December 31, 2011, and satisfies the requirements of § 11.57(a)(3) shall have completed at least 1 year of qualifying experience meeting the requirements of subsections (a) and (c) during the 120-month period immediately preceding the date of application.

(c) Acceptable areas of qualified experience. A candidate’s experience shall be of a caliber satisfactory to the Board and may include one or more of the following areas:

(1) Attest activity.

(2) Business valuations.

(3) Preparation of income and nonprofit tax returns.

(4) Tax research that is properly documented.

(5) Representation before a government agency on a tax matter.

(6) Financial forecasts, analyses and projections.

(7) Management advisory services that meet AICPA standards.

(8) Management and supervision of accounting functions and preparing financial statements for profit or not-for-profit entities.

(9) Professional accounting-related work in a public accounting firm.

(10) Teaching accounting, auditing, taxation and related courses for academic credit at an accredited college or university. Teaching must include at least two different courses above the introductory level. One year of experience must consist of no less than 24 semester hours, or the equivalent in quarter hours, taught in a period of not less than 12 months and not more than 36 months. Courses outside the fields of accounting, auditing, taxation and related courses will not be counted toward teaching. Nonqualifying courses include, for example, business law, finance, computer applications, personnel management, economics and statistics.

(11) Other areas of experience acceptable to the Board.

(d) Nonqualifying experience. A candidate will not receive credit for the following types of experience:

(1) Experience that is not verified in accordance with § 11.56 (relating to verification of experience).

(2) Experience comprising nonprofessional work, including recruiting, marketing, administration and appraisals.

(3) Paraprofessional work and bookkeeping that does not comply with subsection (c)(9).

The provisions of this § 11.55 amended under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.55 adopted May 7, 1993, effective May 8, 1995, 23 Pa.B. 2231; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364430) to (364432).

This section cited in 49 Pa. Code § 11.56 (relating to verification of experience); and 49 Pa. Code § 11.57 (relating to education requirements for CPA certification).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.56 Verification of experience.

(a) To receive credit for experience under § 11.55 (relating to experience requirements for CPA certification), a candidate for CPA certification shall have the experience verified by an individual who meets the following conditions at the time the experience is acquired:

(1) Holds a current license to practice as a CPA or public accountant in this Commonwealth or another jurisdiction during the entire period of verification.

(2) Either employs the candidate or is employed by the same employer as the candidate, or has another similar relationship approved by the Board prior to the period of verification.

(3) Is directly or indirectly responsible for evaluating the candidate’s work.

(b) An individual verifying a candidate’s experience shall submit a verified statement regarding the candidate’s experience on a form provided by the Board specifying the dates and the types and hours of experience acquired, along with information demonstrating that the individual satisfies the requirements of subsection (a).

(c) An individual who submits a verified statement shall be responsible for its accuracy. An individual who submits a false or inaccurate verified statement or who refuses to submit a verified statement when qualified experience has been acquired shall be subject to disciplinary action under section 9.1 of the act (63 P.S. § 9.9a).

(d) The Board may reject a verification when the Board questions the independent exercise of judgment by the individual making the verification.

The provisions of this § 11.56 amended under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.56 adopted May 7, 1993, effective May 8, 1993, 23 Pa.B. 2231; amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial page (364432).

This section cited in 49 Pa. Code § 11.55 (relating to experience requirements for CPA certification).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.57 Education requirements for CPA certification.

(a) General requirements. A candidate to sit for the CPA certification examination shall have graduated with any of the following:

(1) A baccalaureate or higher degree from a college or university accredited by a Nationally recognized accrediting agency recognized by the United States Department of Education or approved by the Board and completed a total of 150 semester credits of post-secondary education, including at least 24 semester credits of accounting and auditing, business law, finance or tax subjects of a content satisfactory to the Board, not necessarily as part of the candidate’s undergraduate or graduate work, and an additional 12 semester credits in accounting, auditing and tax subjects of a content satisfactory to the Board, not necessarily as part of the candidate’s undergraduate or graduate work.

(2) A baccalaureate or higher degree from a college or university accredited by a Nationally recognized accrediting agency recognized by the United States Department of Education or approved by the Board and completed at least 24 semester credits in accounting and auditing, business law, finance or tax subjects of a content satisfactory to the Board, not necessarily as part of the candidate’s undergraduate work.

(3) A master’s degree or other post-graduate degree from a college or university accredited by a Nationally recognized accrediting agency recognized by the United States Department of Education or approved by the Board and completed at least 24 semester credits in accounting and auditing, business law, finance or tax subjects of a content satisfactory to the Board, not necessarily as part of the candidate’s undergraduate or graduate work.

(b) Issuance of certificate. Except as provided in § 11.55(b) (relating to experience requirements for CPA certification), the Board will not issue a certificate to a candidate who qualified to sit for the CPA certification examination under subsection (a)(2) or (3) unless the candidate has also satisfied subsection (a)(1).

The provisions of this § 11.57 issued under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.57 adopted September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940.

This section cited in 49 Pa. Code § 11.55 (relating to experience requirements for CPA certification).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.61 Scope.

Sections 11.62—11.64, 11.67, 11.68, 11.68a, 11.69a, 11.71 and 11.71a apply, as appropriate, to the following:

(1) An individual who needs CPE to obtain or maintain a license to practice public accounting.

(2) An individual that serves or desires to serve as a CPE program sponsor.

(3) An entity that serves or desires to serve as a CPE program sponsor.

The provisions of this § 11.61 amended under sections 3(a)(10) and 8.2 of the CPA Law (63 P. S. § § 9.3(a)(10) and 9.8b).

The provisions of this § 11.61 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial page (328674).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.62 CPE requirement for issuance of license; waiver or extension.

(a) A regular or reciprocal applicant for an initial license shall have completed 80 CPE hours, in the subject areas in § 11.63 (relating to CPE subject areas; relevance to professional competence), during the 2-year period preceding the filing date of the application. This requirement does not apply to an applicant who passed the CPA examination during the same biennial renewal period in which the application was filed.

(b) An applicant for renewal of a current license shall have completed 80 CPE hours, in the subject areas in § 11.63, during the 2-year period preceding the start of the next license period. An applicant shall have completed a minimum of 20 CPE hours during each year of the 2-year period.

(c) An applicant for reactivation of an expired or inactive license shall have completed 80 CPE hours, in the subject areas in § 11.63, during the 2-year period preceding the filing date of the application. This requirement does not apply to an applicant who is reactivating a license within the same biennial renewal period in which it was placed on inactive status.

(d) The Board may, upon application, waive in whole or in part a CPE requirement upon a showing of individual hardship, such as for reasons of health, military service or other good cause. The Board, upon application, may extend the time period for completing CPE upon a showing that the failure to timely comply was due to reasonable cause.

The provisions of this § 11.62 issued under sections 3(a)(10) and (12) and 8.2(b) and (d) of the CPA Law (63 P. S. § § 9.3(a)(10) and (12) and 9.8b(b) and (d)); amended under section 3(a)(10) of the CPA Law (63 P. S. § 9.3(a)(10)).

The provisions of this § 11.62 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended February 22, 1985, effective February 23, 1985, 15 Pa.B. 671; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial page (342099).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); 49 Pa. Code § 11.61 (relating to scope); 49 Pa. Code § 11.63 (relating to CPE subject areas; relevance to professional competence); 49 Pa. Code § 11.67 (relating to reporting of CPE hours); 49 Pa. Code § 11.68a (relating to disciplinary action for failure to comply with CPE requirements); and 49 Pa. Code § 43b.10a (relating to schedule of civil penalties—accountants).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.63 CPE subject areas; relevance to professional competence.

(a) The CPE hours required under § 11.62 (relating to CPE requirement for issuance of license; waiver or extension) must be in the following subject areas and with the following minimum hours as noted:

(1) Accounting and attest—minimum of 24 CPE hours if participating in attest activity; otherwise no minimum. A licensee who supervises attest services and signs an accountant’s report for attest services may also need to complete additional CPE as provided in § 11.23a (relating to competence to supervise attest services).

(2) Advisory services—no minimum.

(3) Management—no minimum.

(4) Professional skills development—no minimum.

(5) Specialized knowledge and applications—no minimum.

(6) Taxation—no minimum.

(7) Professional ethics—minimum of 4 CPE hours (effective as a condition of obtaining a license for the 2014-15 license period and thereafter).

(b) The CPE hours required under § 11.62 must be relevant to maintaining the professional competence of a certified public accountant or public accountant.

The provisions of this § 11.63 amended under sections 3(a)(10)—(12) and 8.2 of the CPA Law (63 P.S. § § 9.3(a)(10)—(12) and 9.8b).

The provisions of this § 11.63 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial page (364434).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); 49 Pa. Code § 11.61 (relating to scope); 49 Pa. Code § 11.62 (relating to CPE requirement for issuance of license; waiver or extension); 49 Pa. Code § 11.67 (relating to reporting of CPE hours); 49 Pa. Code § 11.68a (relating to disciplinary action for failure to comply with CPE requirements); 49 Pa. Code § 11.71 (relating to responsibilities of CPE program sponsor); and 49 Pa. Code § 43b.10a (relating to schedule of civil penalties—accountants).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.64 Sources of CPE hours.

The following are the acceptable sources of CPE hours:

(1) Group study programs offered by approved CPE program sponsors under § 11.69a (relating to approval of CPE program sponsor).

(i) Except as provided in subparagraph (ii), a participant will receive 1 CPE hour for each 50 minutes of participation.

(ii) A participant in a credit course offered by an accredited college or university will receive 15 CPE hours for each semester credit hour earned and 10 CPE hours for each quarter credit hour earned.

(iii) A participant will not receive CPE credit for less than 50 minutes of participation.

(2) Individual study programs offered by approved CPE program sponsors under § 11.69a.

(i) A participant in a noninteractive individual study program will receive 1 CPE hour for each 100 minutes of participation. A participant will not receive CPE credit for less than 100 minutes of participation.

(ii) A participant in an interactive individual study program will receive 1 CPE hour for each 50 minutes of participation. A participant will not receive CPE credit for less than 50 minutes of participation.

(iii) An individual study program is considered complete on the date the program sponsor issues a certificate of completion.

(iv) A participant will not receive more than 40 CPE hours in individual study programs during a reporting period. A participant will not receive more than 40 CPE hours for authorship of publications and individual study combined during the period.

(3) Service as an instructor during group study programs offered by approved CPE program sponsors under § 11.69a.

(i) An instructor will receive 3 CPE hours for each 50 minutes of instruction in a group study program which may include up to 2 hours of preparation time. An instructor will not receive CPE credit for less than 50 minutes of instruction.

(ii) An instructor will not receive CPE credit for repeating instruction in a group study program for which the instructor has previously claimed credit unless there was a substantial change in the subject matter.

(iii) An instructor may receive up to 40 CPE hours as an instructor during each reporting period.

(iv) Entry-level accounting courses are excluded from eligibility for CPE credit for service as an instructor.

(4) Authorship of articles, books and other publications relevant to maintaining professional competence.

(i) An individual who authors an article, book or other publication that is relevant to maintaining the professional competence of a CPA or public accountant will receive 1 CPE hour for each 50 minutes of research and writing, up to 20 hours, unless the individual can demonstrate to the Board that the complexity of the subject matter merits the awarding of additional CPE hours. An individual will not receive CPE credit for less than 50 minutes of research and writing.

(ii) An individual will not receive more than 40 CPE hours for authorship of all publications combined during a reporting period. An individual will not receive more than 40 CPE hours for authorship of publications and individual study combined during the period.

(iii) CPE hours will be awarded for the year in which publication occurs.

(iv) An individual seeking to obtain credit for authoring publications shall apply to the Board on forms supplied by the Board and submit the documentation necessary to establish entitlement to CPE credit, including a certification that the work is that of the individual and that the individual actually spent the time claimed for research and writing in support of the activity. An individual may not renew a license in reliance upon CPE credit for authoring publications until the credit has been approved by the Board.

The provisions of this § 11.64 amended under sections 3(a)(10), 6 and 8.2 of the CPA Law (63 P. S. § § 9.3(a)(10), 9.6 and 9.8b).

The provisions of this § 11.64 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial pages (342100) and (328677) to (328678).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); 49 Pa. Code § 11.61 (relating to scope); 49 Pa. Code § 11.67 (relating to reporting of CPE hours); 49 Pa. Code § 11.68a (relating to disciplinary action for failure to comply with CPE requirements); and 49 Pa. Code § 11.69a (relating to approval of CPE program sponsor).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.67 Reporting of CPE hours.

(a) An applicant for an initial license who is required under § 11.62(a) (relating to CPE requirement for issuance of license; waiver or extension) to complete CPE during the 2-year period preceding the filing date of the application shall submit a summary report of CPE hours on a form provided by the Board together with the CPE documentation required under § 11.68 (relating to documentation of CPE hours).

(b) An applicant for renewal of a current license or for reactivation of an expired or inactive license shall certify on the application that the applicant has completed the requirements in § 11.62 and § § 11.63 and 11.64 (relating to CPE subject areas; relevance to professional competence; and sources of CPE hours). In the event a licensee is later selected by the Board for an audit of CPE hours, the licensee shall submit a summary report of CPE hours on a form provided by the Board together with the CPE documentation required under § 11.68.

The provisions of this § 11.67 amended under sections 3(a)(10) and 8.2 of the CPA Law (63 P. S. § § 9.3(a)(10) and 9.8b).

The provisions of this § 11.67 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial pages (328678) and (342101).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); 49 Pa. Code § 11.61 (relating to scope); 49 Pa. Code § 11.68a (relating to disciplinary action for failure to comply with CPE requirements); and 49 Pa. Code § 43b.10a (relating to schedule of civil penalties—accountants).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.68 Documentation of CPE hours.

(a) The following are acceptable forms of documentation of CPE hours:

(1) A certificate of completion issued by the CPE program sponsor. A consolidated certificate of completion for multiple CPE programs is acceptable as long as it includes the information in subparagraphs (i)—(vii). The certificate must set forth the following:

(i) The CPE program sponsor’s name.

(ii) The CPE program sponsor’s approval number issued by the Board, NASBA or another state’s accountancy regulatory body, as applicable.

(iii) The title of the program.

(iv) The location of the program, if a group study program, or a statement indicating whether the program is an interactive or noninteractive individual study program.

(v) The recommended CPE hours and relevant CPE subject area (for example, accounting and attest, taxation or professional ethics).

(vi) The name of the participant.

(vii) The name and signature of the CPE program sponsor’s representative.

(2) A certified academic transcript from an accredited college or university if the CPE hours claimed are in a course taken for credit at the college or university.

(3) If a certificate of completion from the CPE program sponsor is not available for a group study program, a participant may submit an attendance verification form, signed by the participant and containing the information in paragraph (1)(i)—(vi) together with copies of the program materials.

(4) A signed statement from the CPE program sponsor’s representative, containing the information in paragraph (1)(i)—(vi), that verifies the participant’s service as an instructor.

(5) A copy of each article, book or other publication for which an individual claims CPE hours as an author.

(b) An individual shall retain the documentation in subsection (a) for 5 years after the date of completion of each CPE program or the date of publication of each article, book or publication authored.

The provisions of this § 11.68 amended under sections 3(a)(10) and 8.2 of the CPA Law (63 P. S. § § 9.3(a)(10) and 9.8b).

The provisions of this § 11.68 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial page (342101).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.68a Disciplinary action for failure to comply with CPE requirements.

(a) Unless granted an extension or waiver by the Board under § 11.62(d) (relating to CPE requirement for issuance of license; waiver or extension), and except as provided in subsection (b), a licensee who fails to comply with § § 11.62—11.64, 11.67 and 11.68 will be subject to disciplinary action in the case of a first offense under § 43b.10a (relating to schedule of civil penalties—accountants) or in the case of a second or subsequent offense under section 9.1(a)(4) and (10) of the act (63 P. S. § 9.9a(a)(4) and (10)).

(b) A licensee who knowingly provides false information on an application about compliance with CPE requirements will be subject to disciplinary action under section 9.1(a)(1)(iii) of the act.

(c) A licensee who is disciplined for failure to comply with CPE requirements shall make up a deficiency in CPE hours and submit documentation of the fact to the Board within 6 months after imposition of the disciplinary sanction. A licensee who fails to submit documentation of make-up CPE hours by the prescribed deadline will undergo suspension of the licensee’s license and underlying certificate of CPA or public accountant registration until the documentation is submitted.

The provisions of this § 11.68a issued under section 3(a)(10) of the CPA Law (63 P. S. § 9.3(a)(10)).

The provisions of this § 11.68a adopted November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267.

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); and 49 Pa. Code § 11.61 (relating to scope).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.69a Approval of CPE program sponsor.

(a) Approval requirement. Except as provided in subsection (b), any individual or entity desiring to offer a program for CPE credit under this chapter shall apply to the Board for approval as a CPE program sponsor.

(b) Exemption from approval process. The following are deemed approved CPE program sponsors and are not required to submit applications for approval to the Board:

(1) An individual or entity that is a member in good standing of NASBA’s National Registry of CPE Program Sponsors.

(2) An individual or entity that is approved as a CPE program sponsor by the accountancy regulatory body of a state that permits the practice of public accounting under principles of substantial equivalency.

(3) A college or university accredited by a Nationally recognized accrediting agency recognized by the United States Department of Education when offered as part of its approved curriculum.

(c) Contents of application for approval. An application for approval as a CPE program sponsor shall contain the following information:

(1) The name and address of the CPE program sponsor.

(2) The sources of CPE hours as specified in § 11.64 (relating to sources of CPE hours).

(3) A list of existing or planned program offerings, if known.

(4) The total number of credit hours requested for each program.

(5) The attendance certification method.

(6) The program objectives.

(7) The admission requirements.

(8) The program outlines.

(9) The instruction and evaluation methods.

(d) Sworn statements. Statements made in an application shall be sworn to be true and correct to the best of the applicant’s knowledge.

(e) Board review of application for approval. An application will be reviewed by the Board’s CPE Committee, which will make recommendations to the Board for approval or disapproval. If an application is disapproved, the Board will provide the applicant with written notification of the reasons for disapproval. An applicant may submit a revised application to address the Board’s concerns. No Board member will review or vote upon an application in which he has a vested interest.

(f) Approval number. Upon approval by the Board, an applicant will be assigned a CPE program sponsor approval number.

(g) Biennial renewal of approval. An approved CPE program sponsor shall renew its approval by January 1 of each even-numbered year. A renewal application shall list the CPE program sponsor’s planned program offerings for the upcoming renewal period.

The provisions of this § 11.69a issued under sections 3(a)(10) and 6 of the CPA Law (63 P. S. § § 9.3(a)(10) and 9.6); amended under section 3(a)(10) of the CPA Law (63 P. S. § 9.3(a)(10)).

The provisions of this § 11.69a adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial pages (342102) and (328681).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); 49 Pa. Code § 11.61 (relating to scope); 49 Pa. Code § 11.64 (relating to sources of CPE hours); 49 Pa. Code § 11.71 (relating to responsibilities of CPE program sponsor); 49 Pa. Code § 11.71a (relating to offsite review of CPE program sponsor); and 49 Pa. Code § 11.72 (relating to withdrawal of approval of CPE program sponsor).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.71 Responsibilities of CPE program sponsor.

In addition to meeting the requirements in § 11.69a (relating to approval of CPE program sponsor), a CPE program sponsor shall comply with the following:

(1) Program level of difficulty. A CPE program sponsor shall specify the level of knowledge to be imparted under the program. The levels of knowledge may be expressed in a variety of ways, all of which should be informative to potential participants. For example, a program may be described as having the objective of imparting technical knowledge at levels such as basic, intermediate, advanced or overview, which might be defined as follows:

(i) A basic level program teaches fundamental principles or skills to participants having no prior exposure to the subject area.

(ii) An intermediate level program builds on a basic level program in order to relate fundamental principles or skills to practical situations and extend them to a broader range of applications.

(iii) An advanced level program teaches participants to deal with complex situations.

(iv) An overview program enables participants to develop perspective as to how a subject area relates to the broader aspects of accounting or brings participants up-to-date on new developments in the subject area.

(2) Recommendation of education and experience prerequisites. A CPE program sponsor shall clearly identify what prerequisites are suggested for enrollment. If a prerequisite is not necessary, a statement to that effect shall be made. Prerequisites shall be specified in precise language so potential participants can readily ascertain whether the program would be beneficial to them or whether the program is above or below their level of knowledge or skill.

(3) Development of the program. A CPE program sponsor shall ensure that the programs are developed by individuals qualified in the subject matter and in instructional design. This subsection is not intended to require that any individual CPE program sponsor be both technically competent and competent in instructional design. Its purpose is to ensure that both types of competency are represented in the program’s development, whether one or more persons are involved in that development. Mastery of the technical knowledge or skill in instructional design may be demonstrated by appropriate experience or educational credentials.

(4) Program review. A CPE program sponsor shall review the course materials annually to ensure that they are accurate and consistent with currently accepted standards relating to the program’s subject matter. Between these reviews, errata sheets should be issued when appropriate, and obsolete material should be deleted. Between the time a new pronouncement is issued and the issuance of errata sheets or removal of obsolete materials, the instructor is responsible for informing participants of changes. If, for example, a new accounting standard is issued, a program will not be considered current unless the ramifications of the new standard have been incorporated into the materials or the instructor appropriately informs the participants of the new standard.

(5) Disclosure to prospective participants. A CPE program sponsor shall disclose in advance to prospective participants the objectives, prerequisites, experience level, content, required advanced preparation, teaching method and number of CPE hours involved in the program.

(6) Selection and review of instructors. A CPE program sponsor shall select and assign qualified instructors for the CPE program. A CPE program sponsor shall evaluate the performance of instructors at the conclusion of each program to determine their suitability for continuing to serve as instructors in the future.

(7) Number of participants and adequacy of physical facilities. A CPE program sponsor shall ensure that the number of participants and the physical facilities are consistent with the teaching methods to be utilized. Because the learning environment is affected by the number of participants and by the quality of physical facilities, a CPE program sponsor has an obligation to pay serious attention to both of these factors. The maximum number of participants for a case-oriented discussion program, for example, shall be less than for a lecture program. The seating arrangement is also very important. For discussion presentation, learning is enhanced as seating is arranged so that participants can easily see and converse with each other. If small group sessions are an integral part of the program format, appropriate facilities shall be made available to encourage communication with a small group.

(8) Program evaluation. A CPE program sponsor shall provide a program evaluation in accordance with the following:

(i) Evaluations shall be solicited from both the participants and instructors. The objective of evaluations is to encourage the CPE program sponsor to strive for increased program effectiveness. Programs should be evaluated to determine whether:

(A) Objectives have been met.

(B) Prerequisites were necessary or desirable.

(D) Instructors were effective.

(E) Advanced preparation materials were satisfactory.

(F) The program content was timely and effective.

(ii) Evaluations may take the form of pretests for advanced preparation, posttests for effectiveness of the program, questionnaires completed at the end of the program or later and oral feedback to the instructor or CPE program sponsor. Instructors shall be informed of their performance, and the CPE program sponsor shall systematically review the evaluation process to ensure its effectiveness.

(9) Attendance records. A CPE program sponsor shall maintain and retain accurate records of attendance for a 5-year period.

(10) Course materials. A CPE program sponsor shall retain a written outline of course materials for a 5-year period.

(11) Certificate of completion. A CPE program sponsor shall provide a certificate of completion to each participant who satisfactorily completes a program. A certificate of completion must contain the information in § 11.68(a)(1) (relating to documentation of CPE hours).

(12) Promotional materials. A CPE program sponsor shall identify the subject area of a program under § 11.63 (relating to CPE subject areas; relevance to professional competence) in the program’s promotional materials.

The provisions of this § 11.71 amended under sections 3(a)(10), 6 and 8.2 of the CPA Law (63 P. S. § § 9.3(a)(10), 9.6 and 9.8b).

The provisions of this § 11.71 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6559; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial pages (328682) to (328684).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); 49 Pa. Code § 11.61 (relating to scope); and 49 Pa. Code § 11.72 (relating to withdrawal of approval of CPE program sponsor).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.71a Offsite review of CPE program sponsor.

A CPE program sponsor shall be subject to an offsite review of its CPE programs to ensure compliance with this chapter. The review will involve an in-depth audit of all course materials, documents and records maintained by the CPE program sponsor under this chapter, including:

(1) The information in § 11.69a(c) (relating to approval of CPE program sponsor).

(2) The dates and locations of programs.

(3) The program schedules (that is, title of subject, instructor, time allotted, excluding breaks and lunches).

(4) The names, titles and degrees of instructors.

The provisions of this § 11.71a amended under sections 3(a)(10) and 6 of the CPA Law (63 P. S. § § 9.3(a)(10) and 9.6).

The provisions of this § 11.71a adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial page (328684).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.72 Withdrawal of approval of CPE program sponsor.

(a) The Board, following notice and hearing under 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies) may withdraw the approval of a CPE program sponsor that the Board finds guilty of:

(1) Having acquired the Board’s approval by misrepresentation.

(2) Failing to comply with § 11.69a or § 11.71 (relating to approval of CPE program sponsor; and responsibilities of CPE program sponsor).

(3) Refusing to provide information requested by the Board pursuant to an offsite review under § 11.71a (relating to offsite review of CPE program sponsor).

(4) Indicating in any manner that it has been approved as a CPE program sponsor prior to a CPE program sponsor approval number having been issued to it.

(b) The Board’s withdrawal of a CPE program sponsor’s approval will not affect the CPE hours earned by persons who completed programs of the sponsor prior to the withdrawal of its approval.

The provisions of this § 11.72 amended under sections 3(a)(10) and 6 of the CPA Law (63 P. S. § § 9.3(a)(10) and 9.6).

The provisions of this § 11.72 adopted September 21, 1979, effective September 22, 1979, 9 Pa.B. 3238; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 151; amended November 30, 2012, effective December 1, 2012, 42 Pa.B. 7267. Immediately preceding text appears at serial page (328685).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.73 Interpretation of chapter.

This chapter may not be construed in a manner that would be in violation of or inconsistent with the act.

The provisions of this § 11.73 amended under section 3(a)(11) and (12) of the CPA Law (63 P. S. § 9.3(a)(11) and (12)).

The provisions of this § 11.73 amended July 27, 2007, effective July 28, 2007, 37 Pa.B. 4055. Immediately preceding text appears at serial page (272602).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.81 Definitions.

The following words and terms, when used in this section and § § 11.82—11.86 have the following meanings, unless the content clearly indicates otherwise: Administering organization—An entity that meets the standards specified by the Board for administering a peer review program. Audit engagement—An audit as defined in the AICPA’s Statement on Auditing Standards. Engagement review—A peer review process which provides the reviewer with a reasonable basis for expressing limited assurance that:

(i) The financial statements or information and the related accountant’s report on the accounting, review and attestation engagements submitted for review conform with the requirements of professional standards in all material respects.

(ii) The reviewed firm’s documentation conforms with the requirements of SSARS and SSAE applicable to those engagements in all material respects. Firm—A licensee who is a sole practitioner or a licensee that is a qualified association as defined in section 2 of the act (63 P.S. § 9.2). Peer reviewer—An individual who conducts an engagement or system review. The term includes an individual who serves as captain of a system review team. Review engagement—A review as defined in the AICPA’s Statement of Standards on Accounting and Review Services. Sole practitioner—A licensed certified public accountant or licensed public accountant who practices public accounting on his own behalf. System review—A peer review process which provides the reviewer with a reasonable basis for expressing an opinion on whether, during the year under review:

(i) The reviewed firm’s system of quality control for its accounting and auditing practice has been designed in accordance with quality control standards established by the AICPA.

(ii) Is being complied with to provide the firm with reasonable assurance of conforming with professional standards in all material respects.

The provisions of this § 11.81 issued under section 8.9(c) of the CPA Law (63 P.S. § 9.8i(c)); amended under section 3(a)(10)—(12) of the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.81 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6194; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364444) to (364445).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.82 Peer review compliance.

(a) Unless subject to an exemption under section 8.9(g) of the act (63 P.S. § 9.8i(g)), a firm shall complete a peer review as required under section 8.9(a), (b) and (d) of the act as a condition of renewal of the firm’s license.

(b) Unless required earlier under section 8.9(j) of the act, a new firm that is required to complete a peer review shall undergo its first peer review within 18 months after it is granted its initial license. A firm that had been exempt from the peer review requirement under section 8.9(g)(2) of the act or had otherwise not previously been required to undergo a peer review but begins an engagement to perform an attest activity other than a compilation shall complete a peer review within 18 months after commencing the engagement.

(c) A nonexempt firm that performs an audit or review engagement shall submit with its application for initial licensure or license renewal a letter from the peer review administering organization that evidences the firm’s completion of a peer review.

(d) A firm that performs an audit or review engagement is entitled to an exemption from peer review if any of the three conditions in section 8.9(g) of the act apply. A firm claiming an exemption shall submit with its application for initial licensure or license renewal information that substantiates its entitlement to an exemption as follows:

(1) Exemption under section 8.9(g)(1) of the act. Both of the following:

(i) A letter from an out-of-State peer review administering organization evidencing the firm’s completion of a peer review, within 3 years prior to the date of the application, that meets the requirements of the act and this chapter.

(ii) A statement that the firm’s internal inspection or monitoring procedures require that the firm’s personnel from an out-of-State office to perform an inspection of the firm’s offices in this Commonwealth at least once every 3 years.

(2) Exemption under section 8.9(g)(2) of the act. A notarized statement from the firm that the following conditions have been met:

(i) The firm has not accepted or performed any audit or review engagement during the preceding 2 years.

(ii) The firm does not intend to accept or perform any audit or review engagement during the next 2 years.

(iii) The firm agrees to notify the Board within 30 days of accepting an audit or review engagement and to undergo a peer review within 18 months of commencing the engagement.

(3) Exemption under section 8.9(g)(3) of the act. One or more of the following:

(i) A physician’s statement that a specified medical condition prevents the firm from completing a timely peer review.

(ii) A statement from the appropriate military authority that military service prevents the firm from completing a timely peer review.

(iii) A notarized statement from the firm setting forth unforeseen exigent circumstances that prevent the firm from completing a timely peer review.

(e) A firm that performs no audit or examination engagements but does perform one or more review engagements is only required to undergo an engagement review.

The provisions of this § 11.82 issued under section 8.9(c) of the CPA Law (63 P.S. § 9.8i(c)); amended under section 3(a)(10)—(12) under the CPA Law (63 P.S. § 9.3(a)(10)—(12)).

The provisions of this § 11.82 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6194; amended September 22, 2017, effective January 1, 2018, 47 Pa.B. 5940. Immediately preceding text appears at serial pages (364445) to (364446).

This section cited in 49 Pa. Code § 11.23a (relating to competence to supervise attest services); and 49 Pa. Code § 11.81 (relating to definitions).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.83 Administering organizations for peer review; firm membership not required.

(a) The following organizations are deemed qualified to administer peer review programs and do not require prior approval from the Board:

(1) The Securities and Exchange Commission Practice Section and the Private Companies Practice Section of the AICPA.

(2) Any organization of licensed certified public accountants or licensed public accountants that participates in the AICPA Peer Review Program.

(b) An organization of licensed certified public accountants or licensed public accountants that does not qualify as an administering organization under subsection (a) may apply to the Board for approval to serve as an administering organization. In determining whether to grant approval. The Board will consider the following factors:

(1) Whether the organization has adequate financial and other resources to administer a peer review program.

(2) Whether the organization has the technical competence to administer a peer review program.

(3) Whether the organization has a peer review oversight committee that meets the following conditions:

(i) Whose members are subject to and have successfully completed peer reviews.

(ii) That is capable of retaining qualified peer reviewers, scheduling peer reviews, reviewing the results of peer reviews and recommending appropriate remedial action for firms that do not receive unqualified peer review reports.

(c) An administering organization may not require a firm to become a member of the administering organization as a precondition for the administering organization to conduct a peer review of the firm.

The provisions of this § 11.83 issued under section 8.9(c) of the CPA Law (63 P. S. § 9.8i(c)).

The provisions of this § 11.83 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6194.

This section cited in 49 Pa. Code § 11.81 (relating to definitions).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.84 Peer review standards.

A peer review shall be conducted in accordance with the AICPA’s ‘‘Standards for Performing and Reporting on Peer Reviews’’ including interpretations thereof.

The provisions of this § 11.84 issued under section 8.9(c) of the CPA Law (63 P. S. § 9.8i(c)).

The provisions of this § 11.84 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6194.

This section cited in 49 Pa. Code § 11.81 (relating to definitions).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.85 Qualifications of peer reviewers.

(a) A peer reviewer shall be a licensed certified public accountant or licensed public accountant, whether a sole practitioner or part of a group practice. Who is enrolled in a peer review program and who possesses the qualifications set forth in the AICPA’s ‘‘Standards for Performing and Reporting on Peer Reviews’’ including interpretations thereof.

(b) The administering organization shall ensure that its peer reviewers are qualified under subsection (a).

The provisions of this § 11.85 issued under section 8.9(c) of the CPA Law (63 P. S. § 9.8i(c)).

The provisions of this § 11.85 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6194.

This section cited in 49 Pa. Code § 11.81 (relating to definitions).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

49 Pa. Code § 11.86 Confidentiality of peer review reports.

(a) Peer review reports and related information shall remain confidential except as provided in section 8.9(e) and (h)(3) of the act (63 P. S. § 9.8i(e) and (h)(3)) and subsection (b).

(b) The Board has the right to inquire of an administering organization whether a peer review report has been accepted.

The provisions of this § 11.86 issued under section 8.9(c) of the CPA Law (63 P. S. § 9.8i(c)).

The provisions of this § 11.86 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6194.

This section cited in 49 Pa. Code § 11.81 (relating to definitions).

History

Authority: The provisions of this Chapter 11 issued under section 3 of the CPA Law (63 P.
Source: The provisions of this Chapter 11 adopted September 1, 1963, unless otherwise noted.

Chapter 13 State Board of Funeral Directors

49 Pa. Code § 13.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Funeral Director Law (63 P. S. § § 479.1—479.20) which regulates the licensure of persons and of corporations engaged in the preparation and disposition of the bodies of deceased persons. Board—The State Board of Funeral Directors of the Department of State of the Commonwealth. Bureau—The Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth. Commissioner—The Commissioner of Professional and Occupational Affairs of the Department of State of the Commonwealth. Funeral entity—A restricted business corporation, professional corporation, pre-1935 corporation, partnership, sole proprietorship, widow, widower or estate authorized by the Board to practice the profession of funeral director. Funeral establishment—A place or premise approved by the Board wherein a licensed funeral director conducts the professional practice of funeral directing, including the preparation, care and funeral services for the human dead. Hour of continuing education—Sixty minutes of actual instruction in an approved course of continuing education. Licensed funeral director—An individual who has met the educational requirements and passed the examinations required by the act. Limited license—A license issued by the Board that authorizes a person licensed to practice funeral directing in a reciprocal state to practice funeral directing in this Commonwealth in accordance with section 9(c) of the act (63 P. S. § 479.9(c)). Preceptor—A licensed funeral director under or with whom a resident intern is registered and operates. Premises—The property on which the funeral establishment is located which consists of a tract of land not intersected by a public highway or thoroughfare. Prepaid burial account—An account in which moneys are deposited by the funeral director during the lifetime of an individual in accordance with a contract executed between the parties for funeral merchandise and services to be performed and delivered at a future time. Prepaid burial contract—A contract executed between a consumer and a licensed funeral director which provides that the funeral director will provide funeral merchandise and render services to the consumer upon the consumer’s death or the death of another designated individual and for which the consumer pays to the funeral director moneys at the time of the contract or at a time prior to the rendition of these services. Profession—The aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as funeral directors licensed under the act. Reciprocal state—The District of Columbia or a state or territory of the United States of America whose agency that is authorized to license persons to practice the profession of funeral director in that jurisdiction has entered into an agreement with the Board under which persons licensed in that jurisdiction may receive a limited license in this Commonwealth. Restricted business corporation—A business corporation formed under 15 Pa.C.S. (relating to the Associations Code) and authorized under the act. Supervisor—A licensed funeral director employed on a full-time basis to supervise the professional activities of a licensed estate, widow, business corporation pre-1935 restricted business corporation, professional corporation or branch place of practice under any of the foregoing, as defined in the act.

The provisions of this § 13.1 amended under sections 9(c), 10(b), 11(a)(5) and 16(a) of the Funeral Director Law (63 P. S. § § 479.9(c), 479.10(b), 479.11(a)(5) and 479.16(a)).

The provisions of this § 13.1 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523; amended May 25, 2007, effective May 26, 2007, 37 Pa.B. 2412. Immediately preceding text appears at serial pages (315827) to (315829).

Premises

The definition of ‘‘premises’’ may properly be applied retroactively to the time of application for approval of a preparation room, especially since it merely codifies a long-standing interpretation of the statute which was in effect at the time of the application; the retroactive application does not result in an unconstitutional taking of property without compensation. Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).

The definition of ‘‘premises’’ is not palpably unreasonable, since the Board is properly concerned about alleviating the trauma and disconcertment that will result if the public is continually subjected to the sight of human remains being transported across a public street on a stretcher; the regulation additionally reduces the likelihood of traffic congestion and avoids potential accidents involving dead bodies. Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).

Preneed Agreement

Prepaid burial contract or ‘‘preneed agreement,’’ which allowed customer to purchase merchandise and services to be rendered at the time of death, was not subject to rescission by customer; the agreement is defined as a contract under the Pennsylvania Code and customer designated the agreement to be irrevocable. Bean v. Department of State, 855 A.2d 148, 155 (Pa. Cmwlth. 2004); appeal denied 888 A.2d 479 (Pa. 2005).

This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on active duty—statement of policy).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.11 General requirements.

(a) Persons engaging in the profession of a funeral director in this Commonwealth shall be licensed by the Board and by the Commissioner.

(b) To qualify as a candidate for the licensing examination, the applicant shall be 21 years of age or older, of good moral character and shall present satisfactory evidence to the Board that the applicant has satisfied the educational and training requirements of the act and this chapter.

(c) In addition to the educational and training requirements, an applicant for licensure in this Commonwealth shall pass a combined oral, practical and written examination. A limited exception will be the granting of a restricted license to estates, widow’s or widower’s of deceased funeral directors.

(d) An applicant for licensure as a funeral director in this Commonwealth shall complete at least 3 hours of training in child abuse recognition and reporting in accordance with § 13.308(a) (relating to child abuse recognition and reporting—mandatory training requirement) as a condition of licensure.

The provisions of this § 13.11 amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.11 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial page (369747).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.12 Fees.

Following is the schedule of fees charged by the Board:

Initial registration for student trainee…$25 Annual registration for student trainee…$15 Initial registration for resident intern…$25 Initial registration for preceptor or change…$25 Initial license for funeral director…$25 Initial license for restricted business corporation, professional corporation, partnership or shared funeral establishment…$150 Initial license for estate or widow, sole proprietorship or branch office…$125 Initial registration for supervisor…$25 Change director or name on existing license without reinspection…$35 Address change with inspection…$125 Reinspection after failure…$85 Certification…$25 Verification of licensure or registration…$15 Biennial renewal…$400 Application for limited license…$35 Biennial renewal of limited license…$35 Application for continuing education course…$100 Application for continuing education provider…$100 Renewal of registration of continuing education provider…$50

The provisions of this § 13.12 amended under sections 9(c), 10(b), 16(a) and 18.1 of the Funeral Director Law (63 P.S. § § 479.9(c), 479.10(b), 479.16(a) and 479.18.1); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a).

The provisions of this § 13.12 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended December 28, 1979, effective December 29, 1979, 9 Pa.B. 4252; amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 1998; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5327; amended December 21, 1990, effective December 22, 1990, 20 Pa.B. 6267; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended January 17, 1992, effective January 18, 1992, and apply to the biennial renewal commencing February 2, 1992, 22 Pa.B. 272; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2825; amended December 8, 1995, effective December 9, 1995, and apply retroactively to examination fees charged on and after September 1, 1995, 25 Pa.B. 5584; amended January 25, 2002, effective January 26, 2002, 32 Pa.B. 423; amended January 2, 2004, effective January 3, 2004, 34 Pa.B. 39; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523; amended January 23, 2009, effective January 24, 2009, 39 Pa.B. 414; corrected April 12, 2013, effective April 4, 2009, 43 Pa.B. 2033; amended December 13, 2013, effective December 14, 2013, 43 Pa.B. 7277. Immediately preceding text appears at serial pages (366361) to (366362).

This section cited in 49 Pa. Code § 13.77 (relating to limited license); and 49 Pa. Code § 13.404 (relating to approval of continuing education courses or providers).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.21 Qualification.

(a) To qualify as a student trainee, an applicant shall show evidence of high school graduation. Fulfillment of the college education requirement of subsection (b) is acceptable as evidence of high school graduation.

(b) At least 2 years of college credits in liberal arts is required. For purposes of this section, a minimum of 60 semester hours will constitute the equivalent of 2 years of college credit.

(c) An applicant, while attending an accredited college or university, shall file a declaration of the applicant’s intent to procure funeral service licensing and shall submit an application for a student trainee registration card renewable annually.

The provisions of this § 13.21 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (154101).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.22 Matriculation at approved school.

To qualify as a student trainee, an applicant shall be accepted for matriculation at a mortuary college or a university or college specializing in mortuary subjects which has been approved by the American Board of Funeral Service Education, Inc., and the Board. This requirement shall be met after satisfying the college requirement set forth in § 13.23 (relating to college requirements), or by meeting the integrated course of study requirement set forth in § 13.24 (relating to coordinated course of study).

The provisions of this § 13.22 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (154101) to (154102).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.23 College requirements.

To qualify as a student trainee, an applicant shall have completed at least 2 full years of college level credit in an institution of higher education which has the legally authorized approval of its own state department of education. For purposes of this section, a minimum of 60 semester hours will constitute the equivalent of 2 years of college credit. The earned credits shall be in areas of general education which are applicable to a liberal arts program. The applicant shall submit a transcript for evaluation by the Director of Credentials Evaluation of the Department of Education prior to being registered as a student trainee at an approved mortuary school with a 1-year course in mortuary science approved by the American Board of Funeral Service Education.

The provisions of this § 13.23 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (154102).

This section cited in 49 Pa. Code § 13.22 (relating to matriculation at approved school); 49 Pa. Code § 13.24 (relating to coordinated course of study); and 49 Pa. Code § 13.31 (relating to qualifications).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.24 Coordinated course of study.

In lieu of the requirement of § 13.23 (relating to college requirements), an applicant shall be permitted to present evidence that the applicant has been accepted for matriculation at a college or university, with an accredited department of mortuary arts and sciences accredited by the American Board of Funeral Service Education.

The provisions of this § 13.24 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (154102).

This section cited in 49 Pa. Code § 13.22 (relating to matriculation at approved school); and 49 Pa. Code § 13.31 (relating to qualifications).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.25 Application.

An application may be obtained from the State Board of Funeral Directors, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649. An application in completed form, accompanied by the prescribed fee and photographs, shall be filed with the Board at least 30 days prior to commencement of matriculation at a school specializing in mortuary science. Upon request, the applicant shall appear before the Board for an interview and evaluation of the applicant’s qualifications. An approved application shall be valid for 1 year unless an applicant changes schools. If the applicant changes schools, the applicant shall immediately reapply for approval as a student trainee and pay another application fee. An approved application shall be noted by the Administrative Assistant to the Board in a separate register which shall contain, among other items, the date of the approval and the name of the school to be attended by the student trainee.

The provisions of this § 13.25 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143279).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.31 Qualifications.

(a) To qualify as a resident intern, an applicant shall present satisfactory evidence of having completed, as a student trainee, the requirements in § 13.23 or § 13.24 (relating to college requirements; and coordinated course of study), and of having entered into a preceptorial agreement with a qualified funeral director.

(b) A resident intern shall complete the resident intern training in a funeral establishment in this Commonwealth under the supervision of a qualified preceptor.

The provisions of this § 13.31 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143279).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.32 Professional education.

To satisfy the professional education requirements, an applicant shall obtain a certificate of mortuary education from the school of mortuary science and a preprofessional certificate issued by the Department of Education. Evidence of satisfaction of preprofessional education and the executed certificate shall accompany the application for approval as a resident intern.

The provisions of this § 13.32 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143279) to (143280).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.34 Qualifications of preceptor.

A licensed and practicing funeral director in good standing with the Board may be registered as a preceptor for one resident intern for every 35 funerals completed in the year preceding the request.

The provisions of this § 13.34 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143280).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.35 Application for approval as a resident intern.

The application for approval as a resident intern shall be accompanied by the certificate of mortuary education, a preprofessional certificate, and a copy of the preceptorial agreement which has been executed by the applicant’s proposed preceptor. If the Board finds that the forms do not contain the necessary and proper information, the Board may schedule an informal conference to be attended by the applicant and the applicant’s prospective preceptor. This conference will provide the opportunity for the applicant to furnish the information required to expedite the approval process.

The provisions of this § 13.35 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143280) to (143281).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.36 Restriction of intern.

A registered resident intern may not have other employment or attend a school of higher education if the employment training interferes with the resident intern training. Employment or attendance at a school shall be under written Board approval following an informal interview.

The provisions of this § 13.36 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143281).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.37 General requirement.

By accepting the position of preceptor to a resident intern, a funeral director is required to fulfill the duties as set forth by the Board in this chapter, and failure to execute them may result in suspension or revocation of the license of the funeral director, or other disciplinary action or penalty authorized by the act.

The provisions of this § 13.37 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143281).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.38 Instruction.

A preceptor shall be prepared to instruct a resident intern in the theory and practice of all aspects of funeral service, including the following:

(1) The laws of the Commonwealth which pertain to the profession, specifically to include the act, and this chapter.

(2) The complete theory of funeral directing services, including the following:

(i) Initial call details.

(ii) Embalming.

(iii) Cosmetizing of bodies.

(iv) Dressing of bodies.

(v) Directing funerals.

(vi) Selling of funeral service merchandise.

(vii) Recordkeeping.

(viii) Purchasing of necessary supplies.

(ix) Preparing death certificates and documents.

(x) Preparing applications for certain death benefits, such as Social Security, Veterans Administration, insurance companies and lodges.

(xi) Follow-up service to the family after the funeral service has been completed.

(xii) Counseling of families on the types of services and merchandise available.

(xiii) Instruction of prepaid burial accounts.

(xiv) Professional responsibilities.

The provisions of this § 13.38 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143281) to (143282).

This section cited in 49 Pa. Code § 13.52 (relating to minimum cases); 49 Pa. Code § 13.53 (relating to presence at complete funeral transaction); and 49 Pa. Code § 13.64 (relating to affidavit of preceptor).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.40 Notification of discontinuance.

(a) A funeral director registered as preceptor for training a resident intern, and the resident intern shall notify the Board of the termination or temporary discontinuance of the supervision of the training of the intern. The Board will thereupon take action it deems proper.

(b) Interruption of the resident intern training period for 30 days or more shall require the resident intern training period to start anew.

The provisions of this § 13.40 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143282) and (145911).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.51 Length of resident intern training.

A resident intern shall complete 12 full continuous months in that capacity. An intern shall work a minimum of 40 hours per week.

The provisions of this § 13.51 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (145911) to (145912).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.52 Minimum cases.

During the resident intern training period, a resident intern shall complete the details required in § 13.38(2) (relating to instruction) on a minimum of 35 deceased individuals, 1 year of age or older, under the supervision of the intern’s preceptor and shall maintain a case history of each deceased individual as set forth in § 13.63 (relating to verification of case requirements). These requirements may be fulfilled at any establishment so long as a licensed funeral director of that establishment certifies the work of the intern and is registered as a preceptor.

The provisions of this § 13.52 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (145912).

This section cited in 49 Pa. Code § 13.63 (relating to verification of case requirements); and 49 Pa. Code § 13.64 (relating to affidavit of preceptor).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.53 Presence at complete funeral transaction.

The intern shall be present at a minimum of 35 complete funeral transactions from initial call details to the interment and follow-up services. This includes the items in § 13.38(2) (relating to instruction).

The provisions of this § 13.53 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (145912).

This section cited in 49 Pa. Code § 13.64 (relating to affidavit of preceptor).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.54 Resignation of intern.

An intern shall give notice of resignation to his preceptor in writing with a copy of the notice to the Board.

The provisions of this § 13.54 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; corrected January 26, 1990, effective April 14, 1979, 20 Pa.B. 347; corrected March 30, 1990, effective April 14, 1979, 20 Pa.B. 1797. Immediately preceding text appears at serial page (143284).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.61 Form.

An application for examination shall be upon the form furnished by the Board. The application in completed form accompanied by the required fee and photograph shall be filed with the professional testing agency authorized by the Bureau at least 30 days prior to the date of examination.

The provisions of this § 13.61 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143285).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.62 Identification.

One unmounted finished photograph, not a proof, 2 inches by 2 inches, with clear facial features, of each candidate shall be submitted with the application. This photograph will be numbered with the examination number of the candidate and will be returned to the candidate with a card of admission to the examination. Each candidate shall bring the photograph, so numbered, and the admission card to the examination, and the photograph shall be openly displayed where the candidate takes the examination. If a candidate loses the photograph and admission card, an additional copy of the candidate’s photograph shall be forwarded immediately to the Board office. The appropriate number will be affixed and the photograph and a duplicate admission card will be returned to the candidate for use at the examination. A candidate will be furnished with an admission letter for the examination which will contain the candidate’s identification number and information pertaining to the date and place of the examination. A candidate shall bring the letter containing the identification number when registering for the examination.

The provisions of this § 13.62 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143285) to (143286).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.63 Verification of case requirements.

An intern is required to maintain a case history of each case as specified in § 13.52 (relating to minimum cases) which shall be presented at the request of the Board. There shall be at least 35 case histories, and these case histories shall be obtained by working under a licensed funeral director who is registered with the Board as a preceptor. The Board shall be advised in advance of the intent to use a second preceptor to complete the case histories. The case histories shall show that each deceased person was arterially embalmed. The case history shall also show that the deceased person was 1 year of age or older and shall include the following information:

(1) The name of the deceased person.

(2) The residence.

(3) The age.

(4) The place of the death.

(5) The date of the death.

(6) The place of the interment or cremation.

(7) The name of the funeral director.

(8) The name of the physician or coroner who signed the death certificate.

(9) The place of the funeral.

The provisions of this § 13.63 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (12917).

This section cited in 49 Pa. Code § 13.52 (relating to minimum cases).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.64 Affidavit of preceptor.

The application for examination shall include an affidavit of the preceptor indicating that the resident intern training period of the student was properly served, that the preceptor supervised the completion of the requirements of § § 13.52 and 13.53 (relating to minimum cases; and presence at complete funeral transaction), and that the student completed the details required in § 13.38(2) (relating to instruction) on a minimum of 35 deceased individuals.

The provisions of this § 13.64 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143286) to (143287).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.65 False affidavit.

A preceptor who falsifies an affidavit on a resident intern may, after due notice and hearing, be subject to licensure revocation or suspension for a period of time to be determined by the Board.

The provisions of this § 13.65 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143287).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.66 Refusal of preceptor to furnish affidavit.

(a) A preceptor who refuses to furnish a resident intern with the affidavit of completion of full or part-time service shall immediately submit to the Board a statement as to the reason for the refusal. If the information is not furnished or if there appears to be no proper basis for the refusal, the Board may, after due notice and hearing, take disciplinary action against the license of the preceptor.

(b) If a preceptor refuses to furnish the required affidavit, an applicant may submit with the application a statement that the preceptor refused to honor the applicant’s request for an affidavit, and an affidavit from another licensed funeral director who has personal knowledge of the applicant’s resident intern training containing the same information that is required in connection with an affidavit of a preceptor.

The provisions of this § 13.66 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143287).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.71 Examination requirements.

To qualify for licensure, an applicant shall successfully complete the following examinations:

(1) The National Board Examination prepared and administered by the Conference of Funeral Service Examining Boards.

(2) Written and oral examinations on the clinical practice of funeral directing, the act and this chapter, prepared and administered by a qualified and approved professional testing organization authorized by the Bureau. These examinations will be offered twice yearly.

The provisions of this § 13.71 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6206. Immediately preceding text appears at serial page (201734).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.72 Permission to take examination before all prerequisites are completed.

An applicant may take the examination prior to the completion of the internship. An applicant who is examined under this section and who passes the examination will not be issued a funeral director license until documentation evidencing completion by the applicant of the resident intern training requirement is received by the Board or its designee.

The provisions of this § 13.72 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6206. Immediately preceding text appears at serial pages (201734) to (201735).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.73 Passing grade.

Each section of the examination will be graded independently. To be eligible for licensure, an applicant shall attain a passing score as recommended by the professional testing agency authorized by the Bureau.

The provisions of this § 13.73 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143289).

This section cited in 49 Pa. Code § 13.74 (relating to reexamination).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.74 Reexamination.

Upon notice of failure of a section of the examination as specified in § 13.73 (relating to passing grade), the applicant of this title shall be required to retake and pass that section of the examination in which the failure occurred in order to qualify for licensure.

The provisions of this § 13.74 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12919).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.77 Limited license.

(a) A person licensed by a reciprocal state to practice the profession of funeral director who seeks a limited license shall apply to the Board on a form provided by the Board, including:

(i) An original certification from the reciprocal state that the applicant is licensed as a funeral director in that jurisdiction and is in good standing.

(ii) The fee prescribed by § 13.12 (relating to fees).

(iii) Certification of completion of at least 3 hours of approved training in child abuse recognition and reporting in accordance with § 13.308(a) (relating to child abuse recognition and reporting—mandatory training requirement).

(b) A limited license shall be subject to biennial renewal. The limited license holder shall complete, as a condition of renewal, at least 2 hours of approved continuing education in child abuse recognition and reporting in accordance with § 13.308(b).

(c) A limited license shall become inactive upon the revocation, suspension, placement upon inactive status, or other lapse of the holder’s license in the reciprocal state. Unless a limited license is otherwise suspended or revoked, the Board may reinstate the limited license to active status upon proof that the holder’s license in the reciprocal state is no longer revoked, suspended, placed on inactive status or otherwise lapsed.

(d) The Board may take disciplinary action against the holder of a limited license for any unprofessional conduct that occurs within this Commonwealth. The Board will report to the reciprocal state any disciplinary action taken against the holder of a limited license.

The provisions of this § 13.77 issued under sections 9(a) and 16(a) of the Funeral Director Law (63 P.S. § § 479.9(c) and 479.16(a)); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.77 adopted March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial pages (310069) to (310070).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.81 Designations.

Each funeral director license shall designate the name of the licensee and a place where the licensee may practice.

The provisions of this § 13.81 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143290).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.82 Location of practice.

A funeral director may practice only at a funeral establishment designated in the director’s license to practice funeral directing unless the funeral director also possesses a branch office license.

The provisions of this § 13.82 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143290).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.83 Effect of name designated on license.

Business conducted by a funeral establishment shall be conducted under the name appearing in the license of the funeral director unless an establishment is operated under partnership operation and control, in which case it shall be conducted under the names of all of the partners involved. A corporation shall con-duct its business under the corporate name and the name of the supervisor shall appear on all forms of advertising.

The provisions of this § 13.83 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143290).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.84 Use of name of the predecessor.

A sole proprietorship or partnership may be conducted under the name of a predecessor funeral establishment if the name of the owner or partners appear as operator on all signs, forms and advertising. In the case of restricted business corporations or professional corporations, the names of these corporations may be the name of a predecessor funeral establishment.

The provisions of this § 13.84 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143291).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.91 Approval of a funeral establishment.

(a) A person applying for approval from the Board to own or operate a funeral establishment, a branch funeral establishment, a partnership, a restricted business corporation or a professional corporation, shall submit the necessary applications on forms provided by the Board. Material accompanying the application shall include: the required fee, a statement that the applicant has the right to occupy the premises, a letterhead, a statement of funeral goods and services for both at-need and preneed, a verification of telephone listing, an inspection report within 12 months of the date of application, an approval form furnished by the Board, a listing of existing prepaid burial contracts that will be assumed by the buyer bearing the signature of the buyer and the seller of the property, or, in the alternative, a document whereby the buyer expressly refuses to assume any or all of the existing prepaid burial contracts.

(b) A buyer of a funeral establishment who assumes the existing prepaid burial contracts of the seller shall, within 30 days of settlement, submit written notification of the transfer to the purchasers of the prepaid burial contracts and forward a specimen copy of the notification to the Board.

The provisions of this § 13.91 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143292).

This section cited in 49 Pa. Code § 13.111 (relating to application for branch license); and 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.94 Requirements for funeral establishments.

A funeral establishment, in addition to conforming with the safety requirements of the Commonwealth and of local authorities, shall contain the following:

(1) A preparation room for the preparation of human remains.

(2) A proper area or room for the reposing of human remains.

(3) Restroom facilities.

The provisions of this § 13.94 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

This section cited in 49 Pa. Code § 13.112 (relating to branch facility requirements).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.103 Shared physical establishment.

Two or more funeral directors may conduct separate businesses at the same physical establishment if each business separately maintains its owns books, records, advertising, signs and all other types and kinds of business operations. This method of operation shall be subject to Board approval.

The provisions of this § 13.103 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143293).

The policy behind this section could be met by requiring adherence to the requirements of this section without prohibiting ownership of more than one place of business by a single license. State Board of Funeral Directors v. Beinhauer & Son Company, 350 A.2d 453 (Pa. Cmwlth. 1976); order vacated 385 A.2d 342 (Pa. 1978).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.108 Notification to Board.

Licensees desiring to conduct separate businesses at the same physical establishment shall give 60 days advance notice of their intention to the Board, accompanied by a certified copy of the agreement under which the licensees intend to conduct their respective businesses. Changes to the agreement during its lifetime shall be reported to the Board by filing a certified copy of the agreement, as amended. Provisions of the agreement relating to financial consideration may be omitted or whited out, as these provisions do not concern the Board.

The provisions of this § 13.108 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.109 Partnership license.

(a) Partnerships shall be licensed. A license will be issued in the names of the licensed partners as specified in the partnership agreement. A copy of the partnership agreement shall accompany the application for a partnership license and include the address of the principal place of business where the partnership will be conducted as well as the address of the branch location, if applicable. Provisions of the agreement relating to financial consideration may be deleted or whited out, as these provisions do not concern the Board.

(b) Changes in the partnership, the name of the partnership or the location of the business shall be reported to the Board within 30 days of the change.

The provisions of this § 13.109 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.110 Application for partnership license.

To obtain a partnership license, an application shall be submitted to the Board with the proper fee. In addition to a copy of the properly executed partnership agreement, forms necessary for approval of a funeral establishment shall accompany the application.

The provisions of this § 13.110 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.111 Application for branch license.

To obtain a branch license, a licensee shall submit to the Board an application for a branch license, together with forms necessary for approval of a funeral establishment, as set forth in § 13.91 (relating to approval of a funeral establishment).

The provisions of this § 13.111 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143294).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.112 Branch facility requirements.

A branch place of practice shall have the same facilities as a principal place of business, as set forth in section 7 of the act (63 P. S. § 479.7), and § 13.94 (relating to requirements for funeral establishments).

The provisions of this § 13.112 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143294) and (156407).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.113 Permanently assigned supervisor.

(a) Each branch place of practice shall have a currently licensed funeral director, in good standing with the Board, assigned as supervisor. The supervisor shall supervise all operations of the branch and abide by the act and this chapter and may not be the same licensee who is in charge of the principal place of business.

(b) The licensed funeral director acting as supervisor of a branch place of practice may do embalmings and funeral directing for other establishments on a part-time basis, if the licensee’s outside employment does not conflict with duties and obligations to the primary employer.

(c) A funeral establishment operated as a sole proprietorship in this Commonwealth shall be registered as such with the Board. If a licensee who operates an establishment as a sole proprietor purchases a branch place of business and desires to serve as a supervisor of the branch, the licensee shall apply to the Board in accordance with § 13.118 (relating to registration of a branch supervisor). Another licensed funeral director shall be employed to operate the principal place of business and shall be registered as a supervisor with the Board.

The provisions of this § 13.113 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156407).

This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on active duty—statement of policy).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.117 Business forms.

Letterheads, bill heads, statements of funeral goods and services, and advertising shall show the name and address of the principal place of business, the address of the branch operation and the name of the permanent supervisor, if applicable.

The provisions of this § 13.117 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156408).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.118 Registration of branch supervisor.

The owner of a branch place of practice desiring to register a licensed funeral director to act as a permanently assigned supervisor shall apply for registration on forms obtained from the Board. The owner or an authorized representative and the proposed supervisor may be required to appear before the Board for an informal conference if the application does not provide the required information for registration. This conference will provide the owner with the opportunity to present to the Board the information necessary to expedite the approval process.

The provisions of this § 13.118 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156408).

This section cited in 49 Pa. Code § 13.113 (relating to permanently assigned supervisor).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.120 Termination of branch license.

A license to operate a branch funeral establishment terminates with the discontinuance of the principal place of business of a licensed funeral director. If a funeral director discontinues the principal place of business but not the branch funeral establishment, the branch office license shall be cancelled and the license of the funeral director amended to show the address of the former branch establishment as the principal place of business.

The provisions of this § 13.120 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.121 Pre-1985 business corporation licenses.

Only existing pre-1935 business corporation licenses and pre-1935 branch licenses will be renewed and no original licenses will be issued to the corporations.

The provisions of this § 13.121 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156409).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.122 Permanent supervisor.

(a) A pre-1935 business corporation which has been licensed to practice funeral directing shall have a licensed funeral director, in good standing with the Board, to be the full-time permanent supervisor.

(b) The permanent supervisor, shall be readily accessible to serve the public at the funeral establishment.

The provisions of this § 13.122 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156409) to (156410).

This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on active duty—statement of policy).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.123 Registration of permanent supervisor.

A pre-1935 business corporation desiring to register permanent supervisors shall apply to the Board on the prescribed form. An authorized representative of the corporation and the proposed permanent supervisor may be required to appear before the Board for a registration conference, if the registration application does not provide the information required to complete the application. This conference will provide these persons an opportunity to provide the Board with the required information, to expedite the approval process.

The provisions of this § 13.123 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156410).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.131 Generally.

Under 15 Pa.C.S. Chapter 29 (relating to professional corporations), funeral directors may form professional corporations as defined in 15 Pa.C.S. Chapter 29, the act and this chapter and shall be licensed by the Board.

The provisions of this § 13.131 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156410) to (156411).

Insurance of Licenses

In determining whether to issue a license the Board has no authority or power to consider issues regarding partnership agreements not raised by the parties privy to the contract. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

Restricting the issuance of licenses to situations where substantial harm would be worked on the consumer if a license were not issued is contrary to the provisions of this section and is in conflict with the intent of the Legislature in authorizing the grant of licenses. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.132 Shareholder.

Shares of a professional corporation of funeral directors may be issued only to persons who are licensed funeral directors under the laws of the Commonwealth.

The provisions of this § 13.132 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12925).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.133 Name.

The name of the professional corporation shall be that of one or more of the licensed shareholders or the name of a predecessor funeral establishment. This name may continue for the life of the corporation or may be changed to that of one or more of the living licensed shareholders.

The provisions of this § 13.133 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156411).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.134 Combined professional services.

A professional corporation of funeral directors may not incorporate with other professions.

The provisions of this § 13.134 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12925).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.135 Limited ownership and operation.

A licensed funeral director who obtains a professional corporation license or holds shares in a professional corporation may not have stock or a proprietary interest in another funeral establishment except a branch establishment. A licensed funeral director who owned shares in more than one professional corporation prior to February 1, 1977 may maintain ownership of these shares and these corporations may be licensed.

The provisions of this § 13.135 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156412).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.141 Introduction.

Under the act and 15 Pa.C.S. (relating to the Associations Code), funeral directors may form a restricted business corporation as defined in 15 Pa.C.S. and this chapter.

The provisions of this § 13.141 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156413).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.142 Name.

Before filing articles of incorporation with the Corporation Bureau of the Department of State, the licensee shall secure Board approval of the name and provide certification that the incorporators are licensed funeral directors. The name of the restricted business corporation shall be the name or the last name of one or more of the licensed shareholders or the name of the predecessor funeral establishment.

The provisions of this § 13.142 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156413).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.143 Licensing of restricted business corporations.

(a) To obtain a license for a restricted business corporation, the licensee shall submit an application to the Board on a form provided by the Board.

(b) With the application the following shall be submitted:

(1) A time stamped or certified copy of the original articles of incorporation showing that they have been filed in the Corporation Bureau of the Department of State, and showing the date of the filing.

(2) A copy of the Board’s letter approving the name.

(3) A certified statement setting forth:

(i) The names of the shareholders.

(ii) The number and class of shares held by each shareholder.

(iii) The relationship of the shareholders to the licensed funeral director.

The provisions of this § 13.143 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156413) to (156414).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.144 Permanent supervisor.

(a) A restricted business corporation which has been licensed by the Board to practice funeral directing shall have a licensed funeral director, in good standing with the Board, to be the permanently assigned supervisor.

(b) The permanently assigned supervisor shall devote full time to the business which he is supervising and may not conduct an establishment of his own or supervise another funeral establishment. The permanently assigned supervisor may not associate in any manner with another funeral establishment or be engaged in another business, occupation or other activity to the extent that this association interferes with or prevents the permanent supervisor from fulfilling the supervisory duties.

The provisions of this § 13.144 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156414).

This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on active duty—statement of policy).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.151 Issuance of license.

(a) Upon the death of a licensee, the Board will issue a license and renewal thereof to the estate of the deceased for a period not to exceed 3 years, or to the widow or widower of the deceased, without time limitation, if the widow or widower remains unmarried and that written notice of intent to continue practice is given to the Board by the estate or widow or widower of the deceased in accordance with § 13.152 (relating to application).

(b) The widow, widower or the estate of a deceased funeral director is permitted to succeed to the interest of the deceased funeral director in a funeral establishment and shall receive a restricted funeral license for that purpose.

The provisions of this § 13.151 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156414) to (156415).

Restricting the issuance of licenses to situations where substantial harm would be worked on the consumer if a license were not issued is contrary to the provisions of 49 Pa. Code § 13.151 (relating to restriction) and is in conflict with the intent of the Legislature in authorizing the grant of such licenses. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

In determining whether to issue a widow or estate license the State Board of Funeral Directors has no authority or power to consider issues of private contract law not raised by the parties privy to the contract. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.152 Application.

To obtain an estate, widow or widower’s license, the estate, widow or widower of a deceased funeral director shall inform the Board of the intent to continue practice within 10 days of the deceased’s death and request an application for an estate, widow or widower license. The application for an estate, widow or widower license shall be filed within 30 days of the deceased’s death and shall include, in the case of an estate license, a short certificate, and in the case of a widow or widower license, a certified copy of the death certificate and a copy of the marriage certificate.

The provisions of this § 13.152 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156415).

This section cited in 49 Pa. Code § 13.151 (relating to issuance of license).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.153 Affidavit.

The application for an estate, widow or widower license shall be accompanied by an affidavit from a licensed funeral director for registration as a permanent supervisor, together with the prescribed fee.

The provisions of this § 13.153 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156415).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.155 Permanent supervisor.

A funeral establishment which is operating under a widow, widower or estate license shall have a licensed funeral director, in good standing with the Board, registered as the permanent, full-time supervisor. This requirement may be satisfied as follows:

(1) If the business of the deceased funeral director was conducted as a partnership, the Board may allow a licensed funeral director/partner to act as permanent supervisor for the widow, widower or estate in lieu of acquiring an additional permanent supervisor.

(2) If the deceased funeral director operated a single proprietorship or if the requirement described in paragraph (1) is not satisfactory, a licensed funeral director in good standing with the Board shall be employed as a permanent supervisor.

The provisions of this § 13.155 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156415) to (156416).

This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on active duty—statement of policy).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.156 Registration of permanent supervisor.

A widow, widower or estate desiring to register permanent supervisors shall apply to the Board for registration on forms obtained from the Board. The widow, widower or an authorized representative of the estate and the licensed funeral director who is to be the permanent supervisor may be required to appear before the Board for a registration conference if additional information is needed to complete the application and to expedite the approval process. These individuals may also be required to appear for a conference during each license renewal period, if additional information is needed.

The provisions of this § 13.156 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156416).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.157 Professional responsibility of supervisor.

The supervisor for a widow, widower or estate licensee is responsible for complying with the act and this chapter. The widow, widower or estate licensee shall be held responsible for noncompliance only if the Board finds that the licensee had knowledge or should have known of the failure of the supervisor of the establishment to comply with the act or this chapter.

The provisions of this § 13.157 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156417) and (143305).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.158 Signing of documents.

The supervisor of the establishment or the partner of a widow, widower or estate licensee shall execute documents required to be executed on behalf of the establishment, in that person’s own name.

The provisions of this § 13.158 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143305).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.158a Name.

The name of the funeral establishment to which a widow, widower or estate license pertains shall remain the name of the establishment as licensed immediately prior to the death of the licensee.

The provisions of this § 13.158a adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.159 Appearance before the Board.

The widow, widower or estate licensee shall continue the activities of the funeral establishment at the same location where the deceased funeral director had been licensed to practice, except that the Board may permit relocation of the establishment upon a showing of a need for the relocation.

The provisions of this § 13.159 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143305).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.161 Temporary supervisor.

(a) At the time of the death of the licensee, the Board may permit the widow, widower or estate to operate the establishment of the deceased with a temporary supervisor for a period not to exceed 6 months. The Board shall be notified of the name of the temporary supervisor, who shall be required to file a statement under oath of his willingness to act in that capacity and who shall be required to appear before the Board with the widow, widower or legal representative of the estate. The temporary supervisor may continue his own business during this 6-month period.

(b) In the event of termination of the permanent supervisor through death, resignation, retirement, and the like, the Board will grant approval of a temporary supervisor for 30 days. Upon written request, and for good cause, the Board may grant an additional 30-day extension to employ the services of a permanent supervisor.

The provisions of this § 13.161 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143305) to (143306).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.163 Classification of widow’s, widower’s and estate license.

Holders of widow’s, widower’s or estate licenses are not considered to be licensed funeral directors under the laws of the Commonwealth.

The provisions of this § 13.163 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143306).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.171 General requirement.

Each funeral establishment wherein a licensed funeral director practices shall possess at least one room for the purpose of embalming and caring for human remains and for no other purpose other than preparation that may be required by certain religious sects by certified members of that religious sect. The room shall meet the standards prescribed in § 13.174 (relating to facilities and equipment required).

The provisions of this § 13.171 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12929).

Multiple Preparation Rooms

Although the provisions of 49 Pa. Code § 13.171 allow more than one preparation room, none can be separated from the funeral establishment by a public highway or thoroughfare without violating the definition of ‘‘premises’’ contained in 49 Pa. Code § 13.1 (relating to general requirement). Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.172 Place of preparation of all human remains.

(a) Human remains, whether entrusted to the funeral establishment by friends, next of kin or public authorities, shall be completely prepared in the preparation room of an approved establishment.

(b) The only exception to subsection (a) shall exist in the case of a preautopsy embalming performed in cooperation with a licensed physician for the sole purpose of a pathology examination in a place approved by the Board.

The provisions of this § 13.172 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial pages (12929) to (12930).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.173 Approval by the Board.

Preparation rooms of funeral establishments shall be approved by the Board. Approval shall be requested by the licensed funeral director. A licensed funeral director, resident intern or student trainee may not embalm or scientifically prepare human remains in a room not approved by the Board. This section does not prohibit the preparation of human remains as required by other laws of the Commonwealth or the United States.

The provisions of this § 13.173 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143308).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.174 Facilities and equipment required.

The preparation room shall be constructed solely for the purpose of scientifically preparing human remains and shall contain the following facilities and equipment for the purpose of preventing disease and properly disposing of waste material arising out of the embalming process:

(1) A sink with running water and sewerage connections and possessing a 2-inch capacity drain pipe.

(2) A metal or porcelain covered operating or embalming table.

(3) A metal cabinet or metal or glass shelves or a material impervious to water and stain.

(4) A waste container with cover.

(5) A first aid kit placed in a conspicuous place.

(6) Surgical instruments and apparatus for the preparation of embalming of a body. Aspirator shall be a nonbackflow type or have a nonbackflow valve in the line.

(7) Walls which are airtight and covered in their entirety by tile, plaster, composition board or similar material. With the exception of tile, all of those materials shall be finished with enamel or some other smooth, hard, waterproof material.

(8) Airtight ceiling.

(9) A floor which shall be entirely of concrete with glazed surface or tile or wood flooring covered with linoleum or material of similar composition so as to be impervious to water.

(10) Outside ventilation which may be provided by screened windows or transoms or, in lieu thereof, by an 8-inch pipe leading to the exterior of the building and otherwise constructed so as to conform to the highest health standards.

(11) Solid doors which are painted or enameled and windows which are screened.

(12) Sterilizer, chemical or otherwise.

(13) Flushing facilities to flush injurious corrosive materials from the eyes or body.

(i) The facilities, which shall be accessible, operable, and near the work area, are to be either:

(A) An eye bubbler or eye shower, or both, available from safety equipment suppliers.

(B) A 4-foot length of 3/4-inch hose attached to simple quick opening valve.

(ii) Clean cold water shall be available for either of the facilities listed in subparagraph (i) and may not exceed 25 pounds pressure.

(iii) Portable eye washers are permitted if of a type approved by OSHA.

(14) Protective wearing apparel as follows:

(i) Rubber gloves or other type impervious to the chemicals being handled.

(ii) Goggles.

(iii) Suitable clothing or apron, rubber or other material impervious to the chemicals being handled.

The provisions of this § 13.174 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12930).

This section cited in 49 Pa. Code § 13.171 (relating to general requirement); and 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.181 General knowledge.

A funeral director is responsible for the knowledge of and compliance with State and local health laws and regulations in addition to the act, this chapter and current Occupational Safety and Hazardous Administration regulations.

The provisions of this § 13.181 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143310).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.182 Sanitation.

Areas within a funeral establishment devoted to the conduct of a funeral service shall be maintained in a proper and sanitary manner. This shall include the proper disposal of waste material in a sanitary manner at the completion of each embalming operation. It shall be the duty of the funeral director to regularly inspect his establishment to insure continued sanitary conditions.

The provisions of this § 13.182 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12931).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.183 Food and beverages.

A food may not be served to the public in any part of a funeral establishment. Nonalcoholic beverages may be served in an area approved by the Board. A funeral director or employe shall take the proper steps for personal sanitation before serving or dispensing a permitted beverage to the public.

The provisions of this § 13.183 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12931).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.184 Prompt disposal of a deceased body.

A funeral director shall promptly prepare and bury bodies which are entrusted to his funeral establishment for that purpose and may not allow the retention of a dead human body at his establishment or elsewhere for a total of more than 10 days without first obtaining special permission from the Board. This section does not prohibit the transfer of a deceased body to a receiving vault located in a cemetery. In such case, the body shall be retained in accordance with 28 Pa. Code § 1.22 (relating to structures for the dead).

The provisions of this § 13.184 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12932).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.185 Establishments—approval by Board.

Funeral establishments, whether newly built or newly owned, shall receive Board inspection and Board approval before commencing operation. Before the Board will inspect and approve the establishment, the funeral director shall submit an approval by the Department of Labor and Industry or furnish a copy of a local certificate of occupancy.

The provisions of this § 13.185 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143311).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.186 Use of preparation room.

The preparation room may not be used for a purpose other than the scientific preparation and embalming of human remains. Equipment or supplies other than those used in the scientific preparation or embalming of human remains may not be stored in the preparation room. Supplies and equipment indigenous to the preparation of a scientific religious sect may be stored in the preparation room so that bodies may be prepared in consort with the religious belief of families served.

The provisions of this § 13.186 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143311).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.187 Preparation or embalming of body.

A person other than a currently licensed funeral director, or a registered resident intern under supervision, may not prepare or embalm the body of a deceased person, except as set forth in section 13 of the act (63 P. S. § 479.13). Other persons present in the preparation room during the preparation or embalming, or both, of the body shall be authorized members of the funeral home staff, or persons authorized by law, the funeral director or the family of the decedent.

The provisions of this § 13.187 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143311) to (143312).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.191 General rule.

(a) A funeral director may not make or cause to be made an inaccurate or deceptive statement, representation, guaranty, warranty, testimonial or endorsement through advertising or promotional medium.

(b) For purposes of this subchapter, a funeral director shall be deemed to be engaged in advertising whenever the funeral director, directly or indirectly, causes to be placed before the public information concerning the funeral director’s profession. This includes publication, dissemination, circulation or placing before the public in any way all forms of advertisement.

The provisions of this § 13.191 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143312).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.193 Advertising media to include licensed individual.

In order that the public knows the name of a licensed person who will serve them, an establishment which is maintained under a pre-1935 corporation, restricted business corporation, widow, widower or estate license shall indicate the name of the permanent supervisor in advertising media.

The provisions of this § 13.193 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143313).

Constitutionality

This regulation does not unconstitutionally restrict the funeral establishment supervisor’s right to freedom of commercial speech, where indicating the name of a supervisor in all advertisements lessens the possibility that the consumer may be deceived at little or no inconvenience to the funeral director. Kleese v. State Board of Funeral Directors, 738 A.2d 523 (Pa. Cmwlth. 1999).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.194 Names.

Unless otherwise indicated in the act or this chapter, individuals whose names are used in advertising shall be living and hold active licenses registered with the Board. Names of deceased licensed family members of an establishment may be used in advertising media, except in telephone directories, if the notation, ‘‘deceased,’’ is used.

The provisions of this § 13.194 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143313).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.195 Prices.

A funeral director may not authorize or permit a public or private announcement containing prices which give or tend to give the impression that they include services, merchandise or equipment which the funeral director does not intend to or does not supply.

The provisions of this § 13.195 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143313) to (143314).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.196 Advertising formats acceptable to the Board.

The following advertising formats are acceptable to the Board:

(1) In the case of sole proprietors, a name shall be used only as it appears on the license. The following will serve as examples:

(i) John J. Jones Funeral Home.

(ii) Jones Funeral Home, John J. Jones, Funeral Director or F.D.

(iii) John J. Jones, Funeral Director, owner or John J. Jones, F.D., Owner.

(2) In the case of partnerships, the name of the partnership will appear only as indicated on the partnership license, and the individual names shall appear only as indicated on the individual license. The following will serve as examples:

(i) Jones & Smith Funeral Home, John J. Jones and William W. Smith, Funeral Directors or F.D.s or Owners.

(ii) John J. Jones and William W. Smith Funeral Home.

(3) In the case of a widow, widower or estate licensee, the name of the deceased licensee as it was registered with the Board shall appear on the format along with the current licensed supervisor. If the widow, widower or estate licensee is involved in a partnership, the name of the supervisor is not required to be designated if the supervisor is the surviving partner.

(4) In the case of a pre-1935 corporation, the name of the corporation as it is registered with the Board shall appear on the format along with the current licensed supervisor. The following will serve as examples:

(i) John J. Jones Funeral Home, Inc. John J. Jones, Supervisor.

(ii) Jones Funeral Home, Inc. William W. Smith, Supervisor.

(iii) Jones & Smith, Inc. William W. Smith, Supervisor.

(iv) Midtown Funeral Service, Inc. John J. Jones, Supervisor.

(5) In the case of professional or restricted business corporations, the name of the corporation as it is registered with the Board and the name of the supervisor, if applicable, shall appear.

The provisions of this § 13.196 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143314) and (151825).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.201 Professional responsibilities.

The responsibilities and duties of licensed funeral directors in connection with a funeral, include the following:

(1) Providing full and factual representation concerning aspects of the services rendered or the funeral furnishings provided.

(2) Counseling the family in the selection of services and furnishings taking into consideration both the wishes of the family and their financial limitations.

(3) Maintaining confidentiality of information received during the rendering of service to a family.

(4) Acquainting oneself with the religious practices or customs of families the funeral director serves and adjusting services to conform with their belief.

(5) Releasing the remains to the funeral director chosen by the family, if any, in the most expeditious manner if called upon to remove the remains from an accident or comparable situation, before the family has been contacted.

(6) Providing proper disposal of human remains in accordance with the following:

(i) Human remains held 24 hours beyond death shall be embalmed or sealed in a container that will not allow fumes or odors to escape or kept under refrigeration, if this does not conflict with a religious belief or medical examination.

(ii) Human remains kept under refrigeration over 24 hours beyond death shall be maintained at a temperature level between 35° and 40°F. The remains shall be buried, cremated or entombed within 5 hours following removal from refrigeration.

(iii) Under normal circumstances, the public should not view an unembalmed body which has been kept in refrigeration longer than 36 hours.

(7) Obtaining and maintaining written authorization from the family of a deceased who is to be cremated.

The provisions of this § 13.201 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (151825) to (151826).

Gross Misconduct

Petitioner’s accusations that priest recommended services of competing funeral home did not constitute gross misconduct and thereby justify suspension of license; regulation under which Petitioner’s license suspended is vague. Ciavarelli v. State Board of Funeral Directors, 565 A.2d 520 (Pa. Cmwlth. 1989).

This section cited in 49 Pa. Code § 13.306 (relating to confidentiality—waived).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.202 Unprofessional conduct.

Unprofessional conduct includes the following:

(1) Aiding or assisting a funeral director whose license has been suspended or revoked or an unlicensed person to engage in an act or practice for which a license is required.

(2) Demonstrating disrespect toward or mutilating the remains of the deceased person.

(3) Making a comment or public announcement in defamation of another funeral director. This does not prohibit one licensee from testifying against another licensee or from filing a bona fide complaint with the Board.

(4) Participating in the establishment of a business or professional relationship with or in the operation of a burial association, mutual assessment association, burial certificate plan, insurance company, lodge company, society or religious or other organization whose plan or scheme of organization or operation limits or interferes with the rights of a person entitled by law to dispose of the body of a deceased member, policyholder or certificateholder.

(5) Paying or extending an offer to pay or give to a person, agency or group a commission or a valuable consideration for the solicitation or procurement of clientele.

(6) Offering, directly or indirectly, or giving money or an item of value to an employee of the Commonwealth to directly or indirectly influence the administration or enforcement of the act or this chapter, except for the payment of fees required by the act and this chapter.

(7) Failing to notify the Bureau, in writing, of a demand, solicitation or attempted extortion of money or an item of value, by or on behalf of an employee assigned to the administrative jurisdiction of the Commissioner, and failing to furnish additional information reasonably requested.

(8) Attempting to influence the judgment of the family in the selection of a funeral director, funeral arrangements or funeral merchandise when a family group is divided on these issues.

(9) Aiding or abetting another licensed funeral director to violate the act or this chapter.

(10) Failure to fulfill the professional responsibilities of a funeral director as described in the act or this chapter.

(11) Furnishing embalming, other services or merchandise without having obtained written permission from a family member or other person authorized by law to make funeral arrangements for the deceased. Oral permission to embalm, followed by a confirmatory e-mail, fax, telex, telegram, mailgram or other written confirmation will be acceptable.

(12) Renting or exchanging funeral establishments by one or more funeral directors for the purpose of creating a secondary location for funeral services. Renting of an establishment for funeral services by a funeral director over 10 times a year shall be evidence of attempting to create a secondary location.

(13) Retaining funds intended to pay for funeral goods and services when the funeral director and funeral entity have not provided any funeral goods and services or when the amount of funds retained is in excess of the value of funeral goods and services actually provided by the funeral director or funeral entity, as set forth on the general price list in effect at the time the funeral goods and services are actually provided. This paragraph does not apply to funds received under an agreement entered into by the funeral director, or the funeral entity employing that funeral director, while the decedent was still living to provide funeral goods or services on behalf of the decedent when needed.

(14) Performing funeral services on behalf of a funeral entity that the funeral director knew, or should have known, was not in compliance with section 8 of the act (63 P. S. § 479.8), regarding conduct of business.

(15) Refusing to release remains until consideration, whether earned or not, has been paid.

(16) Failing to comply with the regulations of the Federal Trade Commission in 16 CFR Part 453 (relating to funeral industry practices).

The provisions of this § 13.202 amended under section 11(a)(5) of the Funeral Director Law (63 P. S. § 479.11(a)(5)).

The provisions of this § 13.202 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended May 25, 2007, effective May 26, 2007, 37 Pa.B. 2412. Immediately preceding text appears at serial pages (293265) to (293266).

Constitutionality

Although licensee argued that the regulation which allows a bereaved family member to withhold written confirmation of an earlier oral approval is unconstitutionally vague, that argument is not considered where the Board determined that there had not even been oral approval to embalm. Toms v. Bureau of Professional and Occupational Affairs, 800 A.2d 342 (Pa. Cmwlth. 2002).

Evidence

Where the Board made the factual determinations that not only did the licensee not receive later written permission to embalm, but that he was without oral permission as well, its finding that the licensee violated § 13.202(11) was supported and therefore affirmed. Toms v. Bureau of Professional and Occupational Affairs, 800 A.2d 342 (Pa. Cmwlth. 2002).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.204 Written agreement.

(a) A written agreement form, either for at need or preneed, statement of funeral goods and services approved by the Board, containing the name and address of the funeral director, the date the arrangements were made, the name of the deceased and the date of death, a specific listing of professional services, merchandise, facilities and equipment to be supplied by the funeral director for the preparation and burial, cremation or other disposition of the deceased as outlined in subsection (c); an itemized statement of cash advances and expenditures as explained in subsection (d); and the total cost, signed by the funeral director, shall be given to the family representative or agency official arranging for the funeral at the time of arrangements which must be prior to the disposition of the deceased. The forms or statements used by licensees in this Commonwealth must conform with the requirements imposed by the Federal Trade Commission under 16 CFR Part 453 (relating to funeral industry practices).

(b) A specific listing of professional services, merchandise, facilities and equipment to be supplied by the funeral director for the preparation and burial, cremation or other disposition of the deceased as specified in subsection (a) shall be completely spelled out as to what is included. Examples are as follows:

(1) Professional services include, if provided, funeral counseling, available on a 24-hour basis; arrangements for funerals and interments; preparation and local removal; obituary information to newspapers; filing of necessary forms; handling of flowers; direction of the funeral service; and presence at cemetery for interment services.

(2) Merchandise includes, if provided, a casket, including space for a description; an outer case or vault, including space for a description; memorial cards, prayer cards and acknowledgement cards, indicating the amount; candles; a register book; temporary grave marker; and pallbearer gloves.

(3) Facilities and equipment shall include, if provided, reposing rooms, chapel facilities, lounges, reception areas, parking, drape decoration or fern decoration, necessary religious equipment such as prayer rails and mass card holder, hearse (local), vehicle for removal (local), family car, flower transportation vehicle, clergy vehicle and pallbearer vehicle, if applicable.

(c) The written agreement form shall include a specific listing of cash advances paid for by the funeral director as a convenience to the family when the advances are dollar-for-dollar exchanges and not a part of the normal services and merchandise rendered by the licensee.

(d) The written agreement form must also include a specific listing of additional items of service and merchandise not covered by subsection (c) and differing from cash advances as explained in subsection (d).

(e) Interest on delinquent accounts, if charged, shall be listed and conform with State and Federal laws and regulations.

(f) A copy of the written agreement, signed by the family representative or agency official as well as the funeral director, shall be retained by the funeral director along with the records of the transaction for 6 years.

(g) If a family member or representative is located where a signature on an agreement is impossible, a fax, a telex, a telegram or a mailgram authorizing the procedure or arrangements will be acceptable. For the purpose of this subsection, the fax, telex, telegram or mailgram is to be used for ‘‘ship in’’ or ‘‘ship out’’ accommodations.

(h) The Board will not approve a form statement of funeral goods and services that does not comply with the act or this chapter, or the enforcement of any term of which would result in the violation of the act or this chapter.

The provisions of this § 13.204 amended under section 16(a) of the Funeral Director Law (63 P. S. § 479.16(a).

The provisions of this § 13.204 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended July 11, 2008, effective July 12, 2008, 38 Pa.B. 3794. Immediately preceding text appears at serial pages (328009) and (201765) to (201766).

The agreement must be signed prior to embalming, although the body may be released to another funeral director without a signed agreement, and it is not an abuse of discretion to suspend a funeral director’s license for 90 days for failing to obtain the required signature. Hunt v. State Board of Funeral Directors, 405 A.2d 996 (Pa. Cmwlth. 1979).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.205 Tentative arrangements.

Under section 13(d) of the act (63 P. S. § 479.13(d)), tentative arrangements for funerals may be made by unlicensed funeral home staff persons in the temporary absence of the funeral director in charge. A licensed funeral director shall ratify the tentative arrangements within 48 hours. Tentative arrangements means contacting a licensed funeral director for the embalming operation, obtaining and placing obituary notices setting a service time with the clergyman and cemetery official and making an appointment for the family with a licensed funeral director for the selection of merchandise. Final arrangements shall be handled by a licensed funeral director. Failure to follow this section will be considered unprofessional conduct on the part of the funeral director in charge.

The provisions of this § 13.205 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (151828).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.212 Cremation.

A dead human body may be cremated at any time after 24 hours beyond the time of death. This does not prevent taking the remains to the crematory prior to 24 hours as long as written explicit instructions are given to the crematory that cremation absolutely cannot be done before 24 hours. A signed receipt shall be the possession of the funeral director to that effect.

The provisions of this § 13.212 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text apears at serial page (151830).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.213 Means of transportation.

Transportation of the deceased by a funeral director or the director’s agent shall be only in or on a stretcher or container specifically designed for containment of human remains. A body shall be transported in a horizontal, face-up position and covered so that it is shielded from public view.

The provisions of this § 13.213 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (151830) to (151831).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.214 Commercial transportation of bodies.

Whenever public transportation or a common carrier is employed in the transfer of a deceased person, the estimated cost of the transportation shall be explained to the family or legal representative of the deceased person prior to shipping.

The provisions of this § 13.214 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (151831).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.215 Supervision of funeral service and interment.

It shall be the responsibility of the funeral director in charge to personally supervise the funeral service at the cemetery and to have a representative present at the interment of the deceased. The records of the funeral director shall indicate who his representative was at the interment.

The provisions of this § 13.215 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.224 Funding and reporting of prepaid burial contracts.

(a) A funeral director shall deposit in escrow or transfer in trust to a banking institution in this Commonwealth, the entire amount of monies received by the funeral director under a prepaid contract for funeral services or merchandise, including additional service fees or arrangement fees.

(b) In regard to prepaid contracts entered into by funeral directors after November 4, 1989, a funeral director shall file a report with the Board within 90 days containing the information specified in subsection (c) with respect to each prepaid contract for funeral services and merchandise. Forms for the reports, including the report required under subsection (d), will be provided by the Board.

(c) A funeral director shall file a report with the Board on a form provided by the Board, certifying as true and correct, the following information with respect to each prepaid contract for funeral services and merchandise entered into:

(1) The date of the prepaid contract and the name and address of the purchasers under the contract.

(2) The name and address of the banking institution in which 100% of the money received by the funeral director on account of the contract has been deposited.

(3) The account number, account registration title—name and persons for whom the account is established—and the date the account was established.

(4) In installment contracts, if the entire amount of the contract has not been paid, the report must expressly indicate the fact that an installment contract is involved, and the total amount of installments received by the funeral director and deposited in escrow or in trust.

(d) A funeral director shall report within 30 days all fulfilled prepaid contracts, including the following:

(1) The name of the deceased.

(2) The date of the death.

(3) The account number.

(4) The name of the banking institution.

(e) The report required in subsection (c) is not a public record under the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. § § 66.1—66.4), known as the Right-to-Know Law. The report will be available to the following:

(1) Parties privy to the contract.

(2) Heirs of the deceased.

(3) Executors or administrators of the estate of the deceased.

(4) Courts of competent jurisdiction.

(5) The Board.

(f) Form prepaid burial contracts or form preneed contracts to be used by a funeral director shall be reviewed and approved by the Board and should reflect whether or not an additional service fee or arrangement fee is charged. Form prepaid burial contracts or form preneed contracts used by a funeral director may not incorporate a contract for funeral merchandise entered into by a person or entity other than a funeral director. The Board will not approve a form prepaid burial contract or preneed contract that does not comply with the act or this chapter, or the enforcement of any term of which would result in the violation of the act or this chapter.

The provisions of this § 13.224 amended under section 16(a) of the Funeral Director Law (63 P. S. § 479.16(a)).

The provisions of this § 13.224 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended November 3, 1989, effective November 4, 1989, 19 Pa.B. 4706; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended July 11, 2008, effective July 12, 2008, 38 Pa.B. 3794. Immediately preceding text appears at serial pages (222879) to (222880) and (315833).

Deposit in Escrow or Trust

The order issued in Pennsylvania Funeral Directors Association v. State Board of Funeral Directors, 494 A.2d 67 (Pa. Commw. 1985), requiring deposit in escrow or trust of 100% of funds collected on preneed, prefinanced contracts applies retroactively to July 25, 1953. Pennsylvania Funeral Directors Association v. State Board of Funeral Directors; Opinion Not Reported, entered May 9, 1988 (Pa. Cmwlth.).

Section 13(c) of Funeral Director Law (63 P. S. § 479.13(c)) requiring deposit in escrow or trust of 100% of all funds collected on preneed, prefinanced contracts, takes precedence over the provisions of the Future Interment Law (63 P. S. § § 480.1—480.11) setting a standard of only 70%. Pennsylvania Funeral Directors Association v. State Board of Funeral Directors, 494 A.2d 67 (Pa. Cmwlth. 1985).

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.225 Affidavit for prepaid burial accounts.

A licensed funeral director shall, within 30 days of receiving notification from the Board, file with the Board, an affidavit that he has complied or will comply within a reasonable time, with section 13(c) of the act (63 P. S. § 479.13(c)) and has deposited or will deposit in escrow or trust in a banking institution in this Commonwealth, 100% of monies received by him for preneed funeral arrangements or incidentals. Failure to file will result in disciplinary action by the Board.

The provisions of this § 13.225 issued under section 16(a) of the Funeral Directors Law (63 P. S. § 479.16(a)).

The provisions of this § 13.225 adopted December 23, 1988, effective December 24, 1988, 18 Pa.B. 5642.

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.226 Nature and description of escrow or trust accounts for prepaid burial contracts.

(a) Funds received for prepaid burial contracts shall be placed in an escrow or trust fund account which shall be separate and distinct from the business and personal accounts of the funeral director.

(b) If funds received by a funeral director for preneed burial contracts are deposited in a banking account which bears interest, or are invested by the trustee bank and produce earnings, the interest or earnings shall be retained in the account with the principal and shall be held, accounted for and transferred in the same manner as the principal amount, to assure delivery of the same quality of service and merchandise for which the contract was made.

(c) In the event of a sale or transfer of the business of a funeral director, prepaid burial contracts and prepaid burial accounts shall immediately be transferred to the control of the licensee who will assume responsibility for completion of the prepaid burial contracts. The licensee-transferee shall notify the Board in writing of the licensee’s willingness to accept responsibility for completion of the prepaid burial contracts.

The provisions of this § 13.226 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.231 Biennial registration; unregistered status and inactive status; failure to renew.

(a) A licensee shall register each biennial period to retain the right to practice. Initial registration shall automatically occur when a license is issued. Registration for a biennial period expires on the first day of February of every even numbered year. Unless excused by the Board for good cause under section 10(b)(4) of the act (63 P.S. § 479.10(b)(4)), the Board will not grant an application for renewal of a funeral director license unless the licensee has certified that the licensee has completed the amount of continuing education required by § 13.401 (relating to credit hour requirements), including at least 2 hours of approved courses in child abuse recognition and reporting in accordance with § 13.308(b) (relating to child abuse recognition and reporting—mandatory training requirement).

(b) Applications for biennial registration shall be made on forms provided by the Board. The form shall be received by the Board with the required registration fee by the expiration of the previous biennial registration period.

(c) Biennial registration forms and other forms and literature distributed by the Board will be mailed to the licensee at the last mailing address on file with the Board. If a licensee changes the mailing address, the licensee shall notify the Board within 15 days thereafter. Failure of the Board to send or of the licensee to receive a biennial registration application does not relieve the licensee of the biennial registration responsibility.

(d) A licensee whose licensure status has lapsed by failing to register biennially with the Board may apply to the Board for reactivation of licensure status by satisfying the requirements of paragraph (1) on forms prescribed by the Board. An application for reactivation of an inactive or lapsed funeral director license must also include the documentation required by § 13.402 (relating to reporting completion of continuing education) for the immediately preceding biennium, which may be completed during the current biennium. Unless excused by the Board for good cause under section 10(b)(4) of the act, the Board will not reactivate any funeral director license until the required continuing education for the preceding biennium has been successfully completed.

(1) A licensee applying for reactivation of licensure status is required to pay the current registration fee and submit a notarized affidavit setting forth the period of time in which the licensee did not practice in this Commonwealth.

(2) A licensee who seeks to reactivate his licensure status will not be assessed a late renewal fee for the preceding biennial registration periods in which the licensee did not engage in practice in this Commonwealth. A licensee whose licensure status has lapsed due to the failure to register biennially with the Board, is prohibited from practicing as a funeral director in this Commonwealth unless the licensure status is reactivated. If a licensee engages in practice in this Commonwealth during a period in which the licensees’ registration is not renewed, the licensee is required to pay a late fee of $5 for each month or part of a month beyond the date specified for renewal as provided in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-225), in addition to the prescribed biennial renewal fee. The payment of a late fee does not preclude the Board from taking disciplinary action against a licensee for practicing as a funeral director in this Commonwealth without a current license.

The provisions of this § 13.231 amended under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.231 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial pages (366113) to (366114).

This section cited in 49 Pa. Code § 13.401 (relating to credit hour requirements); and 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.251 Funeral supervisors and funeral directors on active duty—statement of policy.

(a) Background.

(1) Under § § 13.1, 13.113, 13.122, 13.144 and 13.155, the professional activities of a funeral establishment operating under an estate or widow license, a pre-1935 business corporation license, a restricted business corporation license and a branch license, shall be conducted under the supervision of a licensed funeral director, in good standing with the Board, who is assigned and registered with the Board as the permanent funeral supervisor of the establishment. The only business structure which does not require the services of a funeral supervisor is a sole proprietorship.

(2) This policy statement announces the procedures which are to be followed by funeral establishments in this Commonwealth in the event of a national emergency which requires rapid mobilization in the armed services on the part of funeral supervisors or funeral directors of sole proprietorships in this Commonwealth.

(b) Procedure. The following procedures are to be followed when a supervising funeral director or a funeral director of a sole proprietorship is called to active duty:

(1) Affected funeral establishments should notify the Board in writing within 10 days of receipt of military orders by its acting funeral supervisor, accompanied by a copy of the military orders.

(2) The funeral establishment will have 30 days from the date of receipt of military orders by its acting funeral supervisor to name a ‘‘temporary supervisor’’ who may serve in that capacity until the permanent supervisor/funeral director returns to civilian status. The Board shall be notified in writing when the temporary supervisor appointment is made.

(3) Supervising funeral directors or funeral directors of sole proprietorships affected by the events in the Persian Gulf prior to February 2, 1991 shall be afforded the same protections as outlined in paragraphs (4)—(6). Funeral directors already acting as ‘‘temporary supervisors’’ of these establishments shall be responsible for notifying the Board in writing by March 4, 1991 of the names of funeral supervisors or funeral directors already serving in the armed services, together with a statement of his willingness to continue acting in the capacity of temporary supervisor in accordance with this section.

(4) Except as provided in paragraph (5), the permanent supervisor/funeral director called to active duty should be reinstated in the former position within 60 days of military release. The Board shall be informed in writing of the reinstatement.

(5) If the permanent supervisor/funeral director elects not to be reinstated as a funeral supervisor, the affected funeral establishment shall notify the Board of this fact in writing and apply for a ‘‘change in supervisor’’ within the framework of the law and this chapter.

(6) If a biennial renewal of license occurs during a licensee’s term of military service, the affected funeral director’s license may be renewed upon his return to civilian status if written request is made to the Board. Renewal will be without penalty.

The provisions of this § 13.251 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 435.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.252 Profession of funeral directing—statement of policy.

(a) Since the enactment of the act, the Board, the Bureau and the Bureau of Enforcement and Investigation have interpreted ‘‘profession’’ as used in section 2(1) of the act (63 P. S. § 479.2(1)) to exclude:

(1) An individual engaged in the performance of the ceremonies, customs, religious rites or religion of any people, denomination or sect as constituting the practice or observance of religion in accordance with Pa. Const. Art. I, § 3 and U.S. Const. amend. I.

(2) A religious denomination or sect, or a body composed of members of a denomination, when the acts of the religious denomination or sect constitute the practice or observance of religion under Pa. Const. Art. I, § 3 and U.S. Const. amend. I.

(3) A committee of a church, meeting, mosque, synagogue, temple or other congregation of religious believers in the handling, transporting, preparing and disposition of deceased human bodies in accordance with the practice or observance of religion under Pa. Const. Art. I, § 3 and U.S. Const. amend. I.

(b) The exclusion of religious practices and observances in subsection (a) from the term ‘‘profession’’ does not extend to a person, whether or not that person is a religious body, denomination or sect, a member of a religious body, denomination or sect, has been ordained as a member of the clergy of a religious body, denomination or sect, or commits the act in connection with a religious practice or observance, who performs any of the following acts:

(1) Advertises as a funeral director.

(2) Holds himself out as a funeral director.

(3) Embalms or performs the scientific preparation of human remains.

(4) Engages in ‘‘trade’’ or ‘‘commerce’’ as defined in section 2 of the Unfair Trade Practices and Consumer Protection Law (73 P. S. § 201-2) when trade or commerce involves either of the following:

(i) Funeral services for profit.

(ii) Funeral services and funeral merchandise incidental to funeral services for profit.

The provisions of this § 13.252 adopted March 15, 2013, effective March 16, 2013, 43 Pa.B. 1422.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.253 Inspections—statement of policy.

(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Board administrator—An employee of the Bureau with responsibility to administer the business of the Board or another employee assigned to assist this person. Citation—A notice of a violation beginning disciplinary action issued under section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (63 P. S. § 2205(a)) in accordance with Chapter 43b (relating to Commissioner of Professional and Occupational Affairs). Closing inspection—An inspection performed for the purpose of determining whether a licensed funeral establishment that has discontinued business, changed location or notified the Board of its intent to discontinue business or change location has complied with the act and this chapter. Complaint—A document filed with the Professional Compliance Office alleging one or more violations of the act or this chapter. Follow-up inspection—An inspection relating to a prior inspection in which the funeral establishment was determined to be in noncompliance with the act or this chapter. This inspection is conducted for the purpose of determining whether the noncompliant element of the establishment has been brought into compliance. Inspection—

(i) A visual examination, observation or view of a funeral establishment by an agent of the Bureau of Enforcement and Investigation, including an examination, observation or view of any of the following:

(A) The buildings, fixtures, equipment, implements and materials of the funeral establishment.

(B) Licenses of employees of the funeral establishment.

(C) Documents, forms, advertising and other records required by the act, this chapter or the regulations of the Federal Trade Commission in 16 CFR Part 453 (relating to funeral industry practices).

(D) Other matters that pertain to initial and continued licensure for the purpose of determining a funeral establishment’s compliance with licensure requirements.

(ii) The term includes an oral interview or examination of an employee, agent or licensee with a principal place of business at the funeral establishment, or a licensee who assists at the funeral establishment, for the purpose of obtaining information that pertains to the visual examination. Inspector—An employee under the supervision and direction of the Director of the Bureau of Enforcement and Investigation, regardless of employment classification or title of position assigned by the Office of Administration, who is a licensed funeral director who has been actively engaged in the practice of the profession of funeral directing for at least 10 years. Investigation—An activity conducted in response to a complaint filed with the Professional Compliance Office regarding an alleged violation of the act or this chapter, or in response to a suspected violation discovered during an inspection, for the purpose of gathering evidence reasonably calculated to determine whether a violation has occurred. New funeral establishment inspection—An inspection relating to an application for a funeral establishment license. Routine inspection—An inspection performed for the purpose of determining compliance of a licensed funeral establishment with the provisions of the act, this chapter or 16 CFR Part 453.

(b) Authority and rationale.

(1) The profession of funeral directing is a heavily regulated profession.

(2) Section 16(b) of the act (63 P. S. § 479.16(b)) requires the Board to appoint mortuary inspectors.

(3) Under section 16(b) of the act, inspectors are empowered to serve all processes and papers of the Board and have the right of entry into any place, where the business or profession of funeral directing is carried on or advertised as being carried on, for the purpose of inspection and for investigation of complaints filed with the Professional Compliance Office and for other matters as the Board may direct.

(4) The Board finds that the periodic inspection of the premises at which the profession of funeral directing is carried on or advertised as being carried on is necessary to serve several important governmental interests, including:

(i) Ensuring that the public is protected against acts, practices and conditions in the profession of funeral directing that are inimical to public health, safety, welfare and fair consumer transactions.

(ii) Promoting price competition among practitioners of the profession of funeral directing by ensuring that economic advantage is obtained through efficient and sound business practices and not through acts, practices or conditions in the profession of funeral directing that compromise public health, safety, welfare or fair consumer transactions.

(iii) Educating and informing practitioners in the profession of funeral directing of the legal requirements of the profession and of economical and practical means of complying with Federal and State law.

(5) The Board finds that it has been the practice of the Bureau of Enforcement and Investigation to regulate the conduct of inspections and investigations by mortuary inspectors within appropriate limitations as to frequency, scope and timing so as not to impose unreasonable burdens upon licensees.

(6) The Board finds that it is in the interest of the public and of the regulated profession to memorialize a policy regarding the conduct of inspections and investigations performed under the act.

(1) Frequency. Inspectors will perform inspections within the following ranges of frequency:

(i) Routine inspection. Each funeral establishment licensed by the Board will be inspected no more than once every 270 consecutive days and no less than once every 540 consecutive days.

(ii) New funeral establishment inspection. A new funeral establishment will be inspected within 30 days of the date of a request by the Board administrator.

(iii) Follow-up inspection. An existing funeral establishment, new funeral establishment, funeral establishment in which ownership is being transferred or a closing funeral establishment in which a deficiency was noted or reported will be inspected no sooner than 7 days and no later than 30 days from the date that the deficiency was noted or reported, or within 30 days of a follow-up inspection in which a prior reported deficiency was found to be uncorrected. This standard is directory and not mandatory. This limit may be extended if, in the exercise of the sound discretion of the inspector or the Bureau of Enforcement and Investigation, additional time is warranted or other priorities require more immediate attention.

(2) Time. Inspectors will perform routine inspections, new funeral establishment inspections, closing inspections and follow-up inspections only between Monday and Friday during the hours of 8 a.m. and 5 p.m., excluding State holidays.

(3) Scope. Inspectors will limit the scope of new funeral establishment inspections, routine inspections, follow-up inspections and closing inspections to information required for the completion of forms designed by the Bureau of Enforcement and Investigation and ratified by the Board. As of the date of the adoption of this statement of policy, the form that is in use is an electronic form.

(i) During the course of an inspection, an inspector is not authorized to demand production of documents, or to demand entrance to a part of the premises of a funeral establishment, that are not within the scope of the subject matter of approved inspection report forms.

(ii) During the course of a follow-up inspection, an inspector will limit the scope of the inspection to a review of the previously reported deficiency.

(4) Notice of inspection.

(i) General rule. Routine inspections and follow-up inspections will be conducted without prior notice to the funeral establishment, its owners, officers, employees or funeral directors practicing at the funeral establishment. New funeral establishment inspections and closing inspections will be scheduled in advance.

(ii) Exceptions. Within the sound discretion of the Director of the Bureau of Enforcement and Investigation, an inspector may schedule an appointment to conduct a routine inspection or follow up inspection in the following circumstances:

(A) The funeral establishment is geographically remote or isolated and an unscheduled inspection would consume an unreasonable amount of time if a person was not present upon the arrival of the inspector.

(B) The funeral establishment is not open Monday through Friday from 8 a.m. to 5 p.m.

(5) Amendments, modifications and changes to scope of inspections. The Board will ratify amendments, modifications or changes to the scope of inspection forms only if amendments, modifications or changes include subjects that are within the Board’s jurisdiction as defined by statutes enacted by the General Assembly and interpreted by judicial decision.

(6) Observation of actual or suspected violations in the conduct of inspections.

(i) General rule. An inspector is authorized to issue a citation, or refer for further investigation or formal disciplinary action, observed actual or suspected violation of the act or this chapter which is within the scope of the inspection report forms ratified by the Board.

(ii) Evidence in plain view of violations not within the scope of inspection report forms.

(A) Observed actual violations. If, during the course of an inspection, an inspector observes evidence in plain view of an actual violation of the act, this chapter, 16 CFR Part 453 or other law and the violation is not within the scope of the inspection report forms ratified by the Board, the inspector is authorized to issue a citation or report the observed violation for investigation or formal disciplinary action.

(B) Observed suspected violations. If, during the course of an inspection, an inspector observes evidence in plain view of a suspected violation of the act, this chapter, 16 CFR Part 453 or other law and the violation is not within the scope of the inspection report forms ratified by the Board, the inspector is authorized to report the suspected violation for further investigation or formal disciplinary action.

The provisions of this § 13.253 issued under sections 11, 13, 15 and 16(a) of the Funeral Director Law (63 P. S. § § 479.11, 479.13, 479.15 and 479.16(a)).

The provisions of this § 13.253 adopted November 1, 2013, effective November 2, 2013, 43 Pa.B. 6515.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.301 Definitions relating to child abuse reporting requirements.

The following words and terms, when used in this section and § § 13.302—13.309 (relating to child abuse reporting requirements), have the following meanings, unless the context clearly indicates otherwise: Bodily injury—Impairment of physical condition or substantial pain. Child—An individual under 18 years of age. Child abuse—Intentionally, knowingly or recklessly doing any of the following:

(i) Causing bodily injury to a child through any recent act or failure to act.

(ii) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.

(iii) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.

(iv) Causing sexual abuse or exploitation of a child through any act or failure to act.

(v) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.

(vi) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.

(vii) Causing serious physical neglect of a child.

(viii) Engaging in any of the following recent acts:

(A) Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child.

(B) Unreasonably restraining or confining a child, based on consideration of the method, location or duration of the restraint or confinement.

(D) Forcefully slapping or otherwise striking a child under 1 year of age.

(E) Interfering with the breathing of a child.

(F) Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.

(G) Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known:

(I) is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders), when the victim of the sexual offense was under 18 years of age when the crime was committed;

(II) has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors;

(III) has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions); or

(IV) has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration).

(ix) Causing the death of the child through any act or failure to act.

(x) Engaging a child in a severe form of trafficking in persons or sex trafficking as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (Division A of Pub.L. No. 106-386). ChildLine—An organizational unit of the Department of Human Services, which operates a 24-hour a day Statewide toll-free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file. Mandated reporter—A person who is required under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse) to make a report of suspected child abuse. For purposes of this chapter, the term includes licensed funeral directors. Parent—A biological parent, adoptive parent or legal guardian. Perpetrator—An individual who has committed child abuse as defined in this section. The following apply:

(i) This term includes only the following:

(A) A parent of the child.

(B) A spouse or former spouse of the child’s parent.

(D) An individual 14 years of age or older who is a person responsible for the child’s welfare or who has direct contact with children as an employee of child-care services, a school or through a program, activity or service.

(E) An individual 14 years of age or older who resides in the same home as the child.

(F) An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption of the child.

(G) An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (Division A of Pub.L. No. 106-386).

(ii) Only the following may be considered a perpetrator for failing to act, as provided in this section:

(A) A parent of the child.

(B) A spouse or former spouse of the child’s parent.

(D) A person responsible for the child’s welfare who is 18 years of age or older.

(i) A youth camp or program.

(ii) A recreational camp or program.

(iii) A sports or athletic program.

(iv) A community or social outreach program.

(v) An enrichment or educational program.

(vi) A troop, club or similar organization. Recent act or failure to act—An act or failure to act committed within 2 years of the date of the report to the Department of Human Services or county agency. Serious mental injury—A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:

(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened.

(ii) Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks. Serious physical neglect—Any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury or impairs a child’s health, development or functioning:

(i) A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities.

(ii) The failure to provide a child with adequate essentials of life, including food, shelter or medical care. Sexual abuse or exploitation—Any of the following:

(i) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes the following:

(A) Looking at sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.

(B) Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.

(C) Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.

(D) Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.

(ii) Any of the following offenses committed against a child:

(A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).

(B) Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).

(C) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

(D) Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(E) Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).

(F) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(G) Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault).

(H) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).

(I) Incest as defined in 18 Pa.C.S. § 4302 (relating to incest).

(J) Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses).

(K) Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

(L) Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

(M) Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

The provisions of this § 13.301 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.301 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial pages (368637) to (368638).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.302 Suspected child abuse—mandated reporting requirements.

(a) General rule.

(1) Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), funeral directors are considered mandated reporters. A mandated reporter shall make a report of suspected child abuse in accordance with this section if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:

(i) The mandated reporter comes into contact with the child in the course of employment, occupation and practice of the profession or through a regularly scheduled program, activity or service.

(ii) The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity that is directly responsible for the care, supervision, guidance or training of the child.

(iii) A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.

(iv) An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.

(2) Nothing in this subsection shall require a child to come before the mandated reporter to make a report of suspected child abuse.

(3) Nothing in this subsection shall require the mandated reporter to identify the person responsible for the child abuse to make a report of suspected child abuse.

(b) Staff members of public or private agencies, institutions and facilities. Whenever a mandated reporter is required to make a report under subsection (a) in the capacity as a member of the staff of a medical, dental or other public or private institution, school, facility or agency, that licensee shall report immediately in accordance with subsection (c) and shall immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge.

(c) Reporting procedure. A mandated reporter shall immediately make a report of suspected child abuse to the Department of Human Services by either:

(1) Making an oral report of suspected child abuse by telephone to ChildLine at (800) 932-0313, followed by a written report within 48 hours to the Department of Human Services or the county agency assigned to the case in a manner and format prescribed by the Department of Human Services. The written report submitted under this paragraph may be submitted electronically.

(2) Making an electronic report of suspected child abuse in accordance with 23 Pa.C.S. § 6305 (related to electronic reporting) through the Department of Human Service’s Child Welfare Information Solution self-service portal at www.compass.state.pa.us/cwis. A confirmation by the Department of Human Services of the receipt of a report of suspected child abuse submitted electronically relieves the mandated reporter of the duty to make an additional oral or written report.

(d) Written or electronic reports. A written or electronic report of suspected child abuse, shall include the following information, if known:

(1) The names and addresses of the child, the child’s parents and any other person responsible for the child’s welfare.

(2) Where the suspected child abuse occurred.

(3) The age and sex of each subject of the report.

(4) The nature and extent of the suspected child abuse including any evidence of prior abuse to the child or any sibling of the child.

(5) The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual.

(6) Family composition.

(7) The source of the report.

(8) The name, telephone number and e-mail address of the person making the report.

(9) The actions taken by the person making the report, including actions taken under 23 Pa.C.S. § § 6314—6317.

(10) Other information required by Federal law or regulation.

(11) Other information which the Department of Human Services may require by regulation.

The provisions of this § 13.302 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.302 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial pages (368638) and (315839).

This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements); 49 Pa. Code § 13.303 (relating to photographs, medical tests and X-rays of child subject to report; 49 Pa. Code § 13.305 (relating to immunity from liability); 49 Pa. Code § 13.306 (relating to confidentiality—waived); and 49 Pa. Code § 13.307 (relating to noncompliance).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.303 Photographs, medical tests and X-rays of child subject to report.

A funeral director may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be sent to the county children and youth social service agency at the time the written report is sent, or within 48 hours after an electronic report is made under § 13.302(c)(2) (relating to suspected child abuse—mandated reporting requirements), or as soon thereafter as possible. The county children and youth social service agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request. Medical summaries or reports of the photographs, X-rays and relevant medical tests shall be made available to law enforcement officials in the course of investigating cases under 23 Pa.C.S. § 6490(a)(9) or (10) (relating to release of information in confidential reports).

The provisions of this § 13.303 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.303 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial pages (315839) to (315840).

This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements); 49 Pa. Code § 13.305 (relating to immunity from liability); 49 Pa. Code § 13.306 (relating to confidentiality—waived); and 49 Pa. Code § 13.307 (relating to noncompliance).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.304 Suspected death as a result of child abuse—mandated reporting requirement.

A funeral director who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the coroner or medical examiner of the county where death occurred or, in the case where the child is transported to another county for medical treatment, to the coroner or medical examiner of the county where the injuries were sustained.

The provisions of this § 13.304 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.304 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial page (315840).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.305 Immunity from liability.

Under 23 Pa.C.S. § 6318 (relating to immunity from liability) a funeral director who participates in good faith in the making of a report of suspected child abuse, making a referral for general protective services, cooperating or consulting with an investigation including providing information to a child fatality or near fatality review team, testifying in a proceeding arising out of an instance of suspected child abuse or general protective services or engaging in any action authorized under 23 Pa.C.S. § § 6314—6317, shall have immunity from civil and criminal liability that might otherwise result by reason of the funeral director’s actions. For the purpose of any civil or criminal proceeding, the good faith of the funeral director shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a funeral director’s actions under § § 13.302—13.304 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result of child abuse—mandated reporting requirement).

The provisions of this § 13.305 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.305 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial pages (315840) to (315841).

This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.306 Confidentiality—waived.

To protect children from abuse, the reporting requirements of § § 13.302—13.304 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result of child abuse—mandated reporting requirement) take precedence over the provisions in § 13.201 (relating to professional responsibilities) and any other client confidentiality, ethical principle or professional standard that might otherwise apply. In accordance with 23 Pa.C.S. § 6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a client does not apply to a situation involving child abuse and does not relieve the mandated reporter of the duty to make a report of suspected child abuse.

The provisions of this § 13.306 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.306 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial page (315841).

This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.307 Noncompliance.

(a) Disciplinary action. A funeral director who willfully fails to comply with the reporting requirements in § § 13.302—13.304 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result of child abuse—mandated reporting requirement) will be subject to disciplinary action under section 11 of the act (63 P.S. § 479.11).

(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties), a funeral director who is required to report a case of suspected child abuse or to make a referral to the appropriate authorities and who willfully fails to do so commits a criminal offense, as follows:

(1) An offense not otherwise specified in paragraphs (2), (3) or (4) is a misdemeanor of the second degree.

(2) An offense is a felony of the third degree if all of the following apply:

(i) The mandated reporter willfully fails to report.

(ii) The child abuse constitutes a felony of the first degree or higher.

(iii) The mandated reporter has direct knowledge of the nature of the abuse.

(3) If the willful failure to report continues while the mandated reporter knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual or while the mandated reporter knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program, activity or service, the mandated reporter commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the mandated reporter commits a felony of the second degree.

(4) A mandated reporter who, at the time of sentencing for an offense under 23 Pa.C.S. § 6319, has been convicted of a prior offense under 23 Pa.C.S. § 6319, commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offense is a felony of the second degree.

The provisions of this § 13.307 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P.S. § 479.16); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.307 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial page (315841).

This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.308 Child abuse recognition and reporting—mandatory training requirement.

(a) Except as provided in subsection (c), individuals applying to the Board for a license shall have completed at least 3 hours of training in child abuse recognition and reporting requirements which has been approved by the Department of Human Services and the Bureau, as set forth in § 13.309 (relating to child abuse recognition and reporting course approval process). The applicant shall certify on the application that the applicant has either completed the required training or has been granted an exemption under subsection (c). The Board will not issue a license unless the Bureau has received an electronic report from an approved course provider documenting the attendance/participation by the applicant or the applicant has obtained an exemption under subsection (c).

(b) Except as provided in subsection (c), licensees seeking renewal of a license issued by the Board shall complete, as a condition of biennial renewal of the license, at least 2 hours of approved continuing education in child abuse recognition and reporting. This 2 hours of continuing education in child abuse recognition and reporting will be accepted as a portion of the continuing education required under § 13.401 (relating to credit hour requirements) regardless of whether it otherwise meets the requirements of § § 13.402—13.405. For credit to be granted, the continuing education course or program must be approved by the Bureau, in consultation with the Department of Human Services, as set forth in § 13.309. The Board will not renew a license unless the Bureau has received an electronic report from an approved course provider documenting the attendance/participation by the licensee in an approved course or the licensee has obtained an exemption under subsection (c).

(c) An applicant or licensee may apply in writing for an exemption from the training/continuing education requirements set forth in subsections (a) and (b) provided the applicant or licensee meets one of the following:

(1) The applicant or licensee submits documentation demonstrating that:

(i) The applicant or licensee has already completed child abuse recognition training as required under section 1205.6 of the Public School Code of 1949 (24 P.S. § 12-1205.6).

(ii) The training was approved by the Department of Education in consultation with the Department of Human Services.

(iii) The amount of training received equals or exceeds the amount of training or continuing education required under subsection (a) or (b), as applicable.

(2) The applicant or licensee submits documentation demonstrating that:

(i) The applicant or licensee has already completed child abuse recognition training required under 23 Pa.C.S. § 6383(c) (relating to education and training).

(ii) The training was approved by the Department of Human Services.

(iii) The amount of training received equals or exceeds the amount of training or continuing education required under subsection (a) or (b), as applicable.

(3) The applicant or licensee submits documentation acceptable to the Board demonstrating why the applicant or licensee should not be subject to the training or continuing education requirement. Each request for an exemption under this paragraph will be considered on a case-by-case basis. The Board may grant the exemption if it finds that completion of the training or continuing education requirement is duplicative or unnecessary under the circumstances.

(d) Exemptions granted under subsection (c) are applicable only for the biennial renewal period for which the exemption is requested. If an exemption is granted, the Board will issue or renew the license, as applicable. If an exemption is denied, the Board will email the applicant or licensee a discrepancy notice notifying them of the need to either complete an approved course or, if warranted, to submit additional documentation in support of their request for an exemption.

The provisions of this § 13.308 added under section 16(a) of the Funeral Director Law (63 P.S. § § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.308 added March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600.

The section cited in 49 Pa. Code § 13.11 (relating to general requirements); 49 Pa. Code § 13.77 (relating to limited license); 49 Pa. Code § 13.231 (relating to biennial registration; unregistered status and inactive status; failure to renew); 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements); and 49 Pa. Code § 13.401 (relating to credit hour requirements).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.309 Child abuse recognition and reporting course approval process.

(a) An individual, entity or organization may apply for approval to provide mandated reporter training as required under 23 Pa.C.S. § 6383(b) (relating to education and training) by submitting the course materials set forth in subsection (b) simultaneously to the Department of Human Services (DHS), Office of Children, Youth and Families, and to the Bureau at the following addresses:

(1) Department of Human Services, Office of Children, Youth and Families, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.

(2) Bureau of Professional and Occupational Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or electronically at RA-stcpsl[lowbar]course[lowbar]app@pa.gov.

(b) Submissions shall include the following:

(1) Contact information (mailing address, email address and telephone number) for the agency/course administrator.

(2) General description of the training and course delivery method.

(3) Title of the course.

(4) Timed agenda and estimated hours of training.

(5) Learning objectives.

(6) Intended audience.

(7) The course related materials including, as applicable:

(i) Handouts.

(ii) Narrated script or talking points.

(iii) Interactive activities or exercises.

(iv) Videos and audio/visual content.

(v) Knowledge checks, quizzes or other means of assessing participant’s understanding of the material.

(vi) For online courses, a transcript or recording of audio training.

(8) Citation of sources, including written permission to use copyrighted material, if applicable.

(9) Anticipated credentials or experience of the presenter, or biography of presenter, if known.

(10) Printed materials used to market the training.

(11) Evaluation used to assess participants’ satisfaction with the training.

(12) Sample certificate of attendance/participation, which shall include:

(i) Name of participant.

(ii) Title of training.

(iii) Date of training.

(iv) Length of training (2 or 3 hours).

(v) Name and signature of the authorized representative of the approved provider. The signature may be an electronic signature.

(vi) Statement affirming the participant attended the entire course.

(13) Verification of ability to report participation/attendance electronically to the Bureau in a format prescribed by the Bureau.

(c) The Bureau will notify the applicant in writing upon approval of the course and will post a list of approved courses on the Bureau’s web site and the Board’s web site.

The provisions of this § 13.309 added under section 16(a) of the Funeral Director Law (63 P.S. § § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.309 added March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600.

The section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements); and 49 Pa. Code § 13.308 (relating to child abuse recognition and reporting—mandatory training requirement).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.401 Credit hour requirements.

(a) During each biennial renewal period, a licensed funeral director shall complete 6 hours of continuing education, including at least 2 hours of approved courses in child abuse recognition and reporting in accordance with § 13.308(b) (relating to child abuse recognition and reporting—mandatory training requirement). Except for the mandatory training in child abuse recognition and reporting, this provision does not require a funeral director to complete continuing education during the renewal period in which the funeral director is first issued a license.

(b) Except as permitted in § 13.231(d) (relating to biennial registration; unregistered status and inactive status; failure to renew) or as directed by the Board, continuing education may satisfy the requirement of subsection (a) only for the biennium during which it was completed. No hour of continuing education may be used to satisfy the requirement of subsection (a) for more than 1 biennium.

The provisions of this § 13.401 issued under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)); amended under section 16(a) of the Funeral Director Law (63 P.S. § 479.16(a)); and 23 Pa.C.S. § § 6301—6388.

The provisions of this § 13.401 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1600. Immediately preceding text appears at serial page (315842).

This section cited in 49 Pa. Code § 13.231 (relating to biennial registration; unregistered status and inactive status; failure to renew); 49 Pa. Code § 13.308 (relating to child abuse recognition and reporting—mandatory training requirement); and 49 Pa. Code § 13.402 (relating to reporting completion of continuing education).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.402 Reporting completion of continuing education.

(a) In general, proof of completion of a course of continuing education must consist of a certified continuing education record, as defined in § 13.405(b) (relating to provider responsibilities).

(b) A licensed funeral director for whom the Board has not been provided certified continuing education records sufficient to comply with § 13.401 (relating to credit hour requirements) shall otherwise demonstrate completion of courses of continuing education.

The provisions of this § 13.402 issued under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)).

The provisions of this § 13.402 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523.

This section cited in 49 Pa. Code § 13.231 (relating to biennial registration; unregistered status and inactive status; failure to renew); and 49 Pa. Code § 13.308 (relating to child abuse recognition and reporting—mandatory training requirement).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.403 Credit for approved continuing education.

(a) Credit for continuing education will be granted only for courses that have been approved in advance by the Board.

(b) Unless limited by this section, continuing education credit may be earned in a course on any subject matter identified in section 5 of the act (63 P.S. § 479.5) as appropriate for examination. Continuing education credit may be earned in a course in applicable law or the provision of professional services. Continuing education credit may not be earned in any course in office management or marketing.

The provisions of this § 13.403 issued under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)).

The provisions of this § 13.403 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523.

This section cited in 49 Pa. Code § 13.308 (relating to child abuse recognition and reporting—mandatory training requirement); and 49 Pa. Code § 13.404 (relating to approval of continuing education courses or providers).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.404 Approval of continuing education courses or providers.

(a) Anyone, to include any college, university, school, association, professional society and organization, seeking approval to offer continuing education shall apply for approval on forms provided by the Board and fully provide the information required by those application forms for the Board to fulfill its duties under this section. The application must include payment of the fee required under § 13.12 (relating to fees).

(b) Approval as a continuing education provider shall be renewed biennially.

(c) An approved provider shall apply for approval of each course of continuing education. A single application may include multiple presentations of the course and various locations.

(d) The Board may deny approval of a provider or course of continuing education where the applicant has previously failed or is not currently able to comply with § 13.405 (relating to provider responsibilities) or the course does not qualify under § 13.403 (relating to credit for approved continuing education). The Board may approve in part and deny in part an application for approval of a provider or course. The Board may deny an application for provider or course approval that does not comply with the act or this chapter.

(e) The Board may terminate its prior approval of a provider or course of continuing education when the applicant made one or more false or misleading material statements on the application. The Board may also terminate in part or in whole its prior approval of a provider or course when it is later determined that the Board has grounds to deny approval in accordance with this section.

The provisions of this § 13.404 issued under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)).

The provisions of this § 13.404 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523.

This section cited in 49 Pa. Code § 13.308 (relating to child abuse recognition and reporting—mandatory training requirement).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.405 Provider responsibilities.

(a) For each course of continuing education, the provider shall:

(1) Disclose in advance to prospective attendees the objectives, content, teaching method and number of hours of continuing education credit.

(2) Open each course to all licensees.

(3) Provide adequate physical facilities for the number of anticipated participants and the teaching methods to be used.

(4) Provide accurate instructional materials.

(5) Employ qualified instructors who are knowledgeable in the subject matter.

(6) Evaluate the program through the use of questionnaires of the participants and instructors.

(7) Issue a certified continuing education record to each participant.

(8) Retain attendance records, written outlines, and a summary of evaluations for 5 years.

(b) Each continuing education record must include:

(1) The name of the participant.

(2) The date or dates of the course.

(3) The name of the course.

(4) The provider’s name.

(5) The number of hours of continuing education credit.

The provisions of this § 13.405 issued under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)).

The provisions of this § 13.405 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523.

This section cited in 49 Pa. Code § 13.308 (relating to child abuse recognition and reporting—mandatory training requirement); 49 Pa. Code § 13.402 (relating to reporting completion of continuing education); and 49 Pa. Code § 13.404 (relating to approval of continuing education courses or providers).

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

49 Pa. Code § 13.406 Demonstration of embalming techniques.

(a) With prior approval of the Board, embalming of human remains to demonstrate techniques during a program of continuing education will not be considered to be the practice of funeral directing at an establishment not authorized by the Board.

(b) Only a licensed funeral director may demonstrate embalming techniques at a program of continuing education in this Commonwealth.

The provisions of this § 13.406 issued under sections 10(b) and 16(a) of the Funeral Director Law (63 P.S. § § 479.10(b) and 479.16(a)).

The provisions of this § 13.406 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523.

History

Authority: The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929 (71 P.
Source: The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.

Chapter 15 State Board of Landscape Architects

49 Pa. Code § 15.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Landscape Architects’ Registration Law (63 P.S. § § 901—913). Approved institution or college—An institution accredited by the American Society of Landscape Architects’ published list of accredited programs. Board—The State Board of Landscape Architects. CLARB—Council of Landscape Architects Registration Boards. Comprehensive work sample—A work sample which the applicant submits to meet the experience requirements of the act. Work includes site and development plans, specifications and drawings, grading and drainage plans, layout plans, planting plans, storm water management, plans and calculations, details and specifications and photographs of completed projects, cost estimating and supervision of construction. Design professional—A landscape architect, a land surveyor, an architect or an engineer licensed by the Commonwealth. Examination—The examination given by CLARB. Grade and character satisfactory to the Board—A varied and increased level of experience and responsibility evidenced by a comprehensive work sample, technical knowledge and professional experience. Jurisdiction—A state, territory or country. Responsible charge—Under section 2(5) of the act (63 P.S. § 902(5)), for experience to be satisfactory to the Board, it shall be progressive and of an increasing standard of quality and responsibility.

The provisions of this § 15.1 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)); and 63 Pa.C.S. § 3111.

The provisions of this § 15.1 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4684; amended August 1, 2025, effective August 2, 2025, 55 Pa.B. 5114. Immediately preceding text appears at serial pages (412168) and (352821).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.2 Board proceedings and meetings.

(a) Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) applies to practice and procedure before the Board, except if provided otherwise in the act or in this chapter.

(b) Five members of the Board constitute a quorum. Board meetings may be conducted according to Roberts’ Rules of Order.

The provisions of this § 15.2 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.2 adopted January 30, 1976, effective January 31, 1976, 6 Pa.B. 159; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (309047).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.11 Filing procedures.

(a) An application for registration shall be submitted to the Board.

(b) An application shall be submitted on forms provided by the Board along with the appropriate fee.

(c) An application for examination shall be submitted directly to the professional testing organization along with the fee in accordance with the deadline provided by the professional testing organization.

(d) The Board may credit an applicant’s experience requirements 4 months in advance of the administration of the examination, if the applicant submits satisfactory certification to the Board that the applicant has attained the required experience during the interim period between the date of application and the date of examination.

The provisions of this § 15.11 amended under sections 4(2) and (9) and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904(2) and (9) and 905); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a).

The provisions of this § 15.11 amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 253; corrected February 27, 1987, 17 Pa.B. 887; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1499; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4684; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (309048).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.12 Fees.

Following is the schedule of fees charged by the Board:

Licensee application for continuing education course approval under § 15.77 (relating to licensee application for approval of continuing education courses)… $40 (per clock hour)

The provisions of this § 15.12 amended under sections 4(2), (3) and (9), 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 904(2), (3) and (9), 905 and 909.1); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a).

The provisions of this § 15.12 amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887; amended September 30, 1988, effective immediately and applies retroactively to June 1, 1988, 18 Pa.B. 4416; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1499; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended December 24, 1993, effective December 25, 1993, 23 Pa.B. 6075; amended January 26, 1996, effective January 27, 1996, and apply to examinations administered on and after September 1, 1995, 26 Pa.B. 327; amended October 23, 1998, effective October 24, 1998, 28 Pa.B. 5340; amended April 30, 1999, effective May 1, 1999, 29 Pa.B. 2295; amended August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5450; corrected July 26, 2002, effective September 29, 2001, 32 Pa.B. 3633; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4684; corrected January 14, 2005, effective October 5, 2002, 35 Pa.B. 353; amended October 8, 2010, effective October 9, 2010 and will apply to the renewal of licensure for the 2011-2012 biennial license period, 40 Pa.B. 5808. Immediately preceding text appears at serial pages (321946) to (321947).

This section cited in 49 Pa. Code § 15.31 (relating to certificates of registration—duplicates); 49 Pa. Code § 15.34 (relating to biennial registration inactive status and expired certificates); 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); and 49 Pa. Code § 15.74 (relating to approval of continuing education courses).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.13 Additional information.

The Board will reserve the right to request additional information from an applicant together with necessary documentary evidence in cases where questions concerning qualifications may arise. The Board may also request a personal interview. Personal appearance before the Board as required shall be at the time and place designated by the Board.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.15 Failure to comply with request of the Board.

Failure to comply within 60 days from date of written request from the Board, for additional evidence or information, or to appear before the Board, when an appearance is deemed necessary by the Board, may be considered as just and sufficient cause for disapproval of the application.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.16 References.

(a) Members of the Board may not serve as references for applicants.

(b) The applicant shall provide three references on the application and shall forward forms to the references to be completed and mailed directly to the Board by the references. The Board will not accept completed reference forms that are sent by the applicant.

(c) Two references shall be landscape architects licensed by the Board. The remaining reference may be another design professional.

(d) A reference must attest that the reference is familiar with the applicant’s professional work and the applicant’s moral character. The Board will accept additional references pertaining to the applicant’s moral character from individuals who are not design professionals if the professional references do not have personal knowledge of the applicant’s moral character.

The provisions of this § 15.16 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.16 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (268633).

This section cited in 49 Pa. Code § 15.41 (relating to general requirements).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.17 Verification of employment records.

The applicant shall submit with the application a verification of employment from the employer stating dates of employment, whether part-time or full-time and duties performed for the required experience periods.

The provisions of this § 15.17 amended under sections 4 and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904 and 905); and sections 810(a) and 812.1 of The Administrative Code of 1929 (71 P.S. § § 279.1(a) and 279.3a).

The provisions of this § 15.17 amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826. Immediately preceding text appears at serial pages (130177) and (130178).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.18 Certification.

(a) An applicant granted registration will be issued a permanent certificate of registration.

(b) The applicant may begin practicing as a landscape architect when the applicant is identified as a licensee on the Board’s website or receives the license from the Board.

The provisions of this § 15.18 amended under sections 4(2) and (9) and 5 of the Landscape Architects’ Registration Law (63 P. S. § § 904(2) and (9) and 905); and section 812.1(b) of The Administrative Code of 1929 (71 P. S. § 279.3a(b)).

The provisions of this § 15.18 amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887; amended September 30, 1988, effective immediately and applies retroactively to June 1, 1988, 18 Pa.B. 4416; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial pages (268633) to (268634).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.22 Revising classifications.

The Board will reserve the right to establish or change the classification under which the applicant is claiming eligibility.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.23 Practice by out-of-State landscape architects.

(a) An out-of-State landscape architect may obtain approval from the Board to practice landscape architecture in this Commonwealth for a period not exceeding 30 days in the aggregate in 1 calendar year by submitting proof that:

(1) The principal place of business is located outside of this Commonwealth.

(2) The landscape architect is legally qualified to engage in the practice of landscape architecture in the jurisdiction where the principal place of business is located.

(3) The standards for authority to practice landscape architecture in that jurisdiction are at least equal to those of the Commonwealth.

(b) Failure to comply with this section constitutes a violation of section 11 of the act (63 P. S. § 911) which imposes sanctions on persons who practice landscape architecture without being properly licensed.

The provisions of this § 15.23 issued under sections 4 and 5 of the Landscape Architects’ Registration Law (63 P. S. § § 904 and 905); and section 810(a) of The Administrative Code of 1929 (71 P. S. § 279.1(a)).

The provisions of this § 15.23 adopted January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887. Immediately preceding text appears at said page (113978).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.31 Certificates of registration—duplicates.

Only one certificate of registration will be issued to a registered landscape architect, except for a duplicate to replace an original that has been lost or destroyed. Requests for duplicate certificates shall be submitted with the fee set forth in § 15.12 (relating to fees) and the remains of the original certificate or an affidavit setting forth the circumstances of loss.

The provisions of this § 15.31 amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P. S. § 904(9)).

The provisions of this § 15.31 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (268635).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.32 Change of name or address.

Responsibility for a name or address change is that of the registrant. Correspondence from the Board not received by the registrant as a result of failure to notify the Board of a name or address change may lead to violation of the act and may cause the registrant to be subject to penalty as set forth in section 4(4), (5) and (6) of the act (63 P. S. § 904(4), (5) and (6)).

The provisions of this § 15.32 amended under section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.32 amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (268635).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.32a Definitions.

The following words and terms, when used in this section and § § 15.33 and 15.33a (relating to seals; and digital signature and seal), have the following meanings, unless the context clearly indicates otherwise: Digital seal—An electronic image attached to or logically associated with a document and executed or adopted by a licensee with the intent to seal the document. Digital signature—An electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a licensee with the intent to sign the document. Electronic—Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Handwritten signature—The scripted name or legal mark of an individual, written by that individual and executed or adopted with the present intention to authenticate a writing in a permanent form. Sole control—A situation in which only the registrant decides when and where the signature and seal are applied. Verification—Confirmation that a signature and seal are actually from the registrant whose name and license number appears on the document. Work product—Drawings, specifications, plans, models and other deliverable documents representing the professional practice of landscape architecture.

The provisions of this § 15.32a added under sections 4(9) and 9 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9) and 909).

The provisions of this § 15.32a added December 16, 2022, effective December 17, 2022, 52 Pa.B. 7706.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.33 Seals.

(a) An approved seal or stamp will be required for a registrant for the purpose of signing and sealing drawings, preliminary documents, specifications and contract documents or other work product.

(b) Only one registered landscape architect’s name may be used per seal. However, more than one seal or stamp may appear on drawings, specifications and documents or other work product.

(c) A registrant shall be required to obtain the authorized seal or a rubber stamp, bearing the registrant’s name and registration number and the legend ‘‘Registered Landscape Architect’’ together with a reference to Pennsylvania. A digital seal or rubber stamp identical to the prescribed seal may be obtained and used in lieu of, or in conjunction with, a metal seal.

A sample seal is as follows:

(d) A licensee who fails to obtain a seal or rubber stamp will be subject to disciplinary action and penalties under section 11(b) of the act (63 P.S. § 911(b)).

(e) When a registrant seals and signs landscape architectural drawings, reports, documents and other work product, one of the following methods must be used:

(1) Physical placement of a seal and a handwritten signature in permanent ink containing the name of the registrant.

(2) Digital placement of a seal and a handwritten signature in permanent ink containing the name of the registrant.

(3) Digital placement of a seal and a digital signature containing the name of the registrant.

The provisions of this § 15.33 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 4(9) and 9 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9) and 909).

The provison of this § 15.33 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003; amended December 16, 2022, effective December 17, 2022, 52 Pa.B. 7706. Immediately preceding text appears at serial page (321951).

This section cited in 49 Pa. Code § 15.32a (relating to definitions); and 49 Pa. Code § 15.59 (relating to provisional endorsement licensure).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.33a Digital signature and seal.

(a) Drawings, reports and documents that are signed using a digital signature must have an electronic authentication process attached to or logically associated with the electronic document. The digital signature must be:

(1) Unique to the registrant.

(2) Capable of verification.

(3) Under the sole control of the registrant.

(4) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

(b) Drawings, reports and documents that are sealed with a digital seal must have an electronic authentication process attached to or logically associated with the electronic document. The digital seal must be:

(1) Unique to the licensee.

(2) Capable of verification.

(3) Under the sole control of the licensee.

(4) Linked to a document in such a manner that the digital seal is invalidated if any data in the document is changed.

The provisions of this § 15.33a added under sections 4(9) and 9 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9) and 909).

The provisions of this § 15.33a added December 16, 2022, effective December 17, 2022, 52 Pa.B. 7706.

This section cited in 49 Pa. Code § 15.32a (relating to definitions).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.34 Biennial registration, inactive status and expired certificates.

(a) Registration fee. A landscape architect licensed in this Commonwealth shall pay the biennial registration fee set forth in § 15.12 (relating to fees).

(b) Inactive status and registration renewal. A landscape architect who is not engaged in the practice of landscape architecture may request the Board, in writing, to place the landscape architect’s name on inactive status. The landscape architect shall notify the Board, in writing, of the landscape architect’s desire to reregister. The landscape architect shall comply with the requirements for the renewal of a license that exist at the time the landscape architect applies to become currently registered. There is no fee or penalty for preceding biennial periods in which the landscape architect did not engage in practice in this Commonwealth. The landscape architect applying to return to active status shall submit to the Board an application form prescribed by the Board stating that the applicant has not practiced landscape architecture in this Commonwealth during inactive status and the current renewal fee.

(c) Lapsed certificates. A landscape architect who has allowed his certificate of licensure to lapse by failing to pay a biennial renewal fee, may reactivate a certificate by submitting to the Board an application on the form prescribed by the Board. The application shall be accompanied by past due biennial renewal fees, including the biennial renewal fee for the current period and penalty fees as set forth in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. § 1401-225). The payment of these fees does not preclude the Board from taking disciplinary action against the landscape architect for practicing landscape architecture without a current license.

The provisions of this § 15.34 issued under section 4 of the Landscape Architects’ Registration Law (63 P.S. § 904); amended under sections 4 and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904 and 905); and section 810(a) of The Administrative Code of 1929 (71 P.S. § 279.1(a)).

The provisions of this § 15.34 amended through January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial pages (268636) to (268637).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.35 The title ‘‘landscape architect.’’

(a) Neither the title ‘‘landscape architect’’ nor a derivation thereof may be affixed or otherwise used in conjunction with a surname, word or business title when used to imply that an individual, associate, partner, corporate officer or business engaged in the practice of landscape architecture when, in fact, the individual, associate, partner, corporate officer or business is not a person or business registered and approved by the Board.

(b) An applicant who has not taken the licensure examination or has not received a passing grade may not use the title ‘‘landscape architect.’’

The provisions of this § 15.35 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.35 amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826. Immediately preceding text appears at serial page (130180).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.36 Permitted practices.

(a) A landscape architect may practice alone or with other persons in the form of an association or corporation as permitted by law.

(b) A landscape architect, partnership, professional corporation, association or other group practice may do business under a fictitious name and advertise in any medium if the name and the advertisement are not misleading, deceptive or fraudulent

The provisions of this § 15.36 amended under sections 4 and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904 and 905); and sections 810(a) and 812.1 of The Administrative Code of 1929 (71 P.S. § § 279.1(a) and 279.3a).

The provisions of this § 15.36 amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial pages (268637) to (268638).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.41 General requirements.

(a) For experience to be of a grade and character satisfactory to the Board, it must be progressive and of a varied and increasing level of experience and responsibility evidenced by a comprehensive work sample, technical knowledge and professional experience.

(b) Professional experience means 2 years of experience obtained under the supervision of a design professional. If the applicant is not supervised by a landscape architect, the applicant shall have his professional work product reviewed by a registered landscape architect every 6 months for 2 consecutive years. This person shall be one of the applicant’s landscape architect references under § 15.16(c) (relating to references).

(c) Acceptable military experience shall have been spent engaged in landscape architecture of a grade and character satisfactory to the Board.

(d) Professional experience gained while pursuing an undergraduate degree in landscape architecture or first professional degree will not be considered by the Board as an acceptable experience.

The provisions of this § 15.41 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.41 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (305523).

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.51 Eligibility.

An applicant qualifying under section 6(b) of the act (63 P.S. § 906(b)) is eligible to take the regular examination which will be an examination administered on the dates and times and at the places established by the professional testing organization. A copy of the instructions will be furnished to the applicant.

(1) Examination. The examination will be given on dates selected by the professional testing organization.

(2) Examination sites. The examination will be given at locations as may be determined by the professional testing organization.

(3) Due notice. An applicant eligible to take the examination will be given notice of the date, time and place of examination and will be given specific preexamination instructions. An applicant shall immediately advise the professional testing organization specified on the preexamination instructions as to intent to sit or not to sit for the examination, once declared eligible.

(4) Forfeiture. An applicant who fails to sit for the examination, or any part of the examination, forfeits the examination fee and shall submit a new application fee.

The provisions of this § 15.51 issued under section 812.1(b) of The Administrative Code of 1929 (71 P.S. § 279.3a(b)); and section 4 of the Landscape Architects’ Registration Law (63 P.S. § 904); amended under sections 4(2) and (9) and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904(2) and (9) and 905); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a).

The provisions of this § 15.51 amended March 18, 1983, effective March 19, 1983, 13 Pa.B. 1065; amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, 17 Pa.B. 887; amended September 30, 1988, effective immediately and applied retroactively to June 1, 1988, 18 Pa.B. 4416; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4684. Immediately preceding text appears at serial pages (268639) to (268640).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.53 Grading.

(a) Test results will be recorded by the Board in a permanent record of the applicant.

(b) To qualify for registration, an applicant shall receive a passing grade on each part or division of the examination. An applicant will have unlimited opportunities to retake portions of the examination which were failed.

The provisions of this § 15.53 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.53 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended August 27, 2004, effective August 27, 2004, 34 Pa.B. 4684. Immediately preceding text appears at serial page (268641).

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.54 Registration by examination.

An applicant who meets one or more of the following requirements is eligible for licensure by written examination:

(1) An individual who has received an undergraduate degree in landscape architecture from an approved institution or college and after graduation has at least 2 years of practical experience in landscape architectural work of a grade and character satisfactory to the Board.

(2) An individual who has received an undergraduate degree in landscape architecture from an approved institution or college and has completed at least 1 year of graduate school in landscape architecture, and after graduation also has at least 1 year of practical experience in landscape architectural work of a grade and character satisfactory to the Board.

(3) An individual who has received a graduate degree in landscape architecture from an approved institution or college and has an undergraduate degree in another subject matter, and after graduation also has at least 2 years of practical experience in landscape architectural work of a grade and character satisfactory to the Board.

(4) An individual who has not graduated from an approved institution or college but has at least 8 years of practical experience in landscape architectural work of a grade and character satisfactory to the Board.

The provisions of this § 15.54 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.54 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial pages (305524) to (305525).

This section cited in 49 Pa. Code § 15.12 (relating to fees); and 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.55 Review of examination results.

An applicant seeking to review examination results shall make arrangements with the professional testing organization.

The provisions of this § 15.55 amended under sections 4(2) and (9) and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904(2) and (9) and 905); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a(b)).

The provisions of this § 15.55 amended September 30, 1988, effective immediately and applied retroactively to June 1, 1988, 18 Pa.B. 4416; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826. Immediately preceding text appears at serial page (130182).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.57 Registration by endorsement under section 6 of the act.

(a) General requirements. An applicant who has passed the examination, holds an unexpired license from another jurisdiction, has a graduate or undergraduate degree in landscape architecture from an approved institution or college and possesses 2 years of practical experience in landscape architecture of a grade or character satisfactory to the Board, may be granted registration by endorsement following the filing of an application and a Board review of the applicant’s comprehensive work sample.

(b) Endorsement.

(1) An applicant who requests registration by endorsement shall submit with the application an official certification of registration in the applicant’s home jurisdiction from the secretary of the examining or registration board or other certifying official, stating on what basis registration was granted, whether by oral or written examination or exemption, and whether the registration is in good standing at the time of the application for registration in this Commonwealth.

(2) An applicant who requests registration by endorsement shall submit with the application complete information relative to training, education and experience as may be required by the Board.

(c) Exception. An applicant who received a license from another jurisdiction, without having passed the examination, is not entitled to registration by endorsement.

The provisions of this § 15.57 issued under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)); amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); section 4 of the Landscape Architects’ Registration Law (63 P.S. § 904); and 63 Pa.C.S. § 3111.

The provisions of this § 15.57 amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2826; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5450; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4684; amended August 1, 2025, effective August 2, 2025, 55 Pa.B. 5114. Immediately preceding text appears at serial pages (370977) to (370978).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.58 Licensure by endorsement under 63 Pa.C.S. § 3111.

(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement), an applicant shall satisfy all of the following conditions:

(1) Have a current license, certification, registration or permit in good standing to practice landscape architecture in another jurisdiction whose standards are substantially equivalent to or exceed those established under section 6(a) and (b) of the act (63 P.S. § 906(a) and (b)), § § 15.41, 15.53 and 15.54 (relating to general requirements; grading; and registration by examination). The following apply:

(ii) If the applicable law, regulation or other rule is in a language other than English, at the applicant’s expense, the applicable law, regulation or other rule shall be translated into English by a professional translation service and verified to be complete and accurate.

(iii) The copy of the applicable law, regulation or other rule must include the enactment date.

(2) Demonstrate competency by one of the following:

(i) Experience in the practice of landscape architecture by demonstrating, at a minimum, that the applicant has actively engaged in the practice of landscape architecture under a license, certificate, registration or permit in a substantially equivalent jurisdiction, or jurisdictions, for at least 2 of the 5 years immediately preceding the filing of the application with the Board.

(ii) Completion of 24 clock hours of continuing education that meet the requirements of section 9.1 of the act (63 P.S. § 909.1) and § § 15.71—15.81 (relating to continuing education) during the 24 months immediately preceding the date of the application.

(iii) Documentation of having achieved a passing score on the Landscape Architect Registration Examination (LARE) or its equivalent, as determined by the Board, provided the passing score was achieved at least 2 or more years but no longer than 5 years prior to the date of the application.

(3) Have not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certification, registration or permit to practice landscape architecture under section 4 of the act (63 P.S. § 904) or § 15.63 (relating to misconduct).

(4) Have not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.

(5) Have paid the application for licensure by endorsement fee as required by § 15.12 (relating to fees).

(6) Have applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.

(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request that the interview be conducted by video teleconference for good cause shown.

(c) Prohibited acts and discipline. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 4 of the act or § 15.63, or disciplinary action by another jurisdiction, are not impediments to licensure under 63 Pa.C.S. § 3111.

The provisions of this § 15.58 added under 63 Pa.C.S. § 3111; and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.58 added August 1, 2025, effective August 2, 2025, 55 Pa.B. 5114.

This section cited in 49 Pa. Code § 15.59 (relating to provisional endorsement licensure).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.59 Provisional endorsement licensure.

(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying the remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) and § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111).

(b) Expiration of a provisional endorsement license.

(2) Upon a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.

(c) Termination of a provisional endorsement license. A provisional endorsement license terminates when any of the following occurs:

(1) The Board completes its assessment of the applicant and denies or grants the license.

(2) The holder of the provisional license fails to comply with the terms of the provisional endorsement license.

(3) The provisional endorsement license expires.

(d) Reapplication. An individual may reapply for licensure by endorsement under § 15.58 after expiration or termination of a provisional endorsement license; however, the individual will not be issued a subsequent provisional endorsement license.

(e) Use of seal. An individual issued a provisional endorsement license shall follow the rules governing the proper use of a registrant’s seal under section 9 of the act (63 P.S. § 909) and § 15.33 (relating to seals).

The provisions of this § 15.59 added under 63 Pa.C.S. § 3111; and section 4(9) of the Landscape Architects’ Registration Law (63 P.S. § 904(9)).

The provisions of this § 15.59 added August 1, 2025, effective August 2, 2025, 55 Pa.B. 5114.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.62 General reporting requirements.

(a) An applicant for biennial registration shall report the following information to the Board:

(1) A similar license issued by another state, territory or country.

(2) Disciplinary action taken against the applicant by a licensing authority in another state, territory or country.

(3) A finding or verdict of guilt, an admission or guilt or a plea of nolo contendere to a felony charge or an offense in connection with the practice of landscape architecture or involving moral turpitude in a court of competent jurisdiction.

(b) An applicant for biennial registration shall report matters enumerated in subsection (a) on the application at the time of biennial registration or in writing within 90 days of the final disposition of the matters, whichever is sooner.

The provisions of this § 15.62 issued under sections 4 and 5 of the Landscape Architects’ Registration Law (63 P.S. § § 904 and 905); and section 810(a) of The Administrative Code of 1929 (71 P.S. § 279.1(a)).

The provisions of this § 15.62 adopted January 16, 1987, effective January 17, 1987, 17 Pa.B. 254; corrected February 27, 1987, effective January 17, 1987, 17 Pa.B. 887. Immediately preceding text appears at serial page (113982).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.63 Misconduct.

A landscape architect who is found guilty by the Board of misconduct in the practice of landscape architecture is subject to disciplinary action under section 4(4) of the act (63 P.S. § 904(4)). Misconduct in the practice of landscape architecture includes the following:

(1) Failing to exercise good faith in the performance of landscape architecture as an agent or employe of another.

(2) Knowingly making or issuing a misleading, deceptive or fradulent statement in regard to an aspect of his or another landscape architect’s practice.

(3) Performing landscape architectural work which the landscape architect knows or has reason to know that he is not competent to perform.

(4) Delegating a professional responsibility to a person when the landscape architect knows or has reason to know that the person is not qualified by training, experience, license or certification to assume the responsibility.

(5) Knowingly aiding or abetting a person who is not licensed and registered, or exempt from licensure and registration requirements in performing a landscape architectural work.

(6) Knowingly aiding or abetting a person who is not qualified by training or experience in seeking licensure to practice landscape architecture.

(7) Misrepresenting or concealing a material fact in obtaining a license to practice landscape architecture or its reinstatement.

(8) Using or permitting the use of the professional seal on a document when the landscape architect did not actually prepare the document or supervise its preparation.

(9) Violating the act or this chapter.

(10) Failure to furnish evidence of completion of continuing education as requested by the Board or the furnishing of false or fraudulent information pertaining to the completion of continuing education.

The provisions of this § 15.63 amended under sections 4(9), 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9), 905 and 909.1).

The provisions of this § 15.63 adopted June 30, 1989, effective July 1, 1989, 19 Pa.B. 2754; amended August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429. Immediately preceding text appears at serial pages (208618) to (208619).

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.71 Definitions.

The following words and terms, when used in this section and § § 15.72—15.81 (relating to continuing education), have the following meanings, unless the context clearly indicates otherwise: Biennium—The period from June 1 of an odd-numbered year to May 31 of the next odd-numbered year. Clock hour—Fifty minutes of instruction or participation in an approved course, not including keynote speeches, luncheon speeches or breaks and marketing or product presentations. Electronic presentation—Transmittal of information by means of applications such as computer technology, telecommunications, television, and the like. Office management—Activity supportive of administrative or business activities and not related to professional practice, including bookkeeping, business development, finance, marketing, taxes, human resources and the use of office equipment. Provider—A person, agency, organization, institution or association approved by the Board to offer a continuing education organized course. Satellite seminar—A course provided at a central location and viewed at remote sites by electronic transmission.

The provisions of this § 15.71 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1).

The provisions of this § 15.71 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429.

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); and 49 Pa. Code § 15.75 (relating to responsibilities of course providers).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.72 Requirement for biennial renewal.

(a) During each biennial period from the 2001-2003 biennium (from June 1, 2001, through May 31, 2003) and continuing through the 2011-2013 biennium (from June 1, 2011, through May 31, 2013), a licensee shall complete 10 clock hours of continuing education in accordance with this subchapter as a condition of biennial renewal. During each renewal period beginning with the 2013-2015 biennium (from June 1, 2013, through May 31, 2015) and continuing thereafter, a licensee shall complete 24 clock hours of continuing education in accordance with this subchapter as a condition of biennial renewal.

(b) The Board will exempt from the continuing education requirement a licensee who received a license within 2 years preceding the licensee’s first application for biennial renewal.

(c) A licensee who wishes to reactivate a lapsed license or who has been on inactive status shall have completed the required number of clock hours of continuing education in subsection (a) in the 2-year period immediately prior to reactivation.

The provisions of this § 15.72 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1); amended under sections 4(9) and 9.1(a) of the Landscape Architects’ Registration Law (63 P.S. § § 904(9) and 909.1(a)).

The provisions of this § 15.72 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003; amended February 21, 2014, effective February 22, 2014, 44 Pa.B. 993. Immediately preceding text appears at serial page (321961).

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 15.71 (relating to definitions); and 49 Pa. Code § 15.75 (relating to responsibilities of course providers).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.73 Acceptable continuing education courses.

(a) Only courses approved by the Board will be accepted for continuing education credit. The licensee shall be responsible for ascertaining the approved status of the course before undertaking a continuing education activity.

(b) Acceptable subject matter for continuing education courses is limited to courses pertaining to the enhancement of the landscape architect’s professional skills. The Board will not approve courses in office management.

(c) A maximum of 1/2 of the required clock hours per biennium will be accepted in courses consisting of satellite seminars, electronic presentations and correspondence courses.

The provisions of this § 15.73 issued under sections 4(9), 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9), 905 and 909.1).

The provisions of this § 15.73 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial pages (268646) to (268647).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.74 Approval of continuing education courses.

(a) A provider seeking approval to offer a continuing education course, other than a provider identified in § 15.76 (relating to sources of continuing education courses), shall submit an application, accompanied by the fee in § 15.12 (relating to fees), at least 120 days before the scheduled presentation date of the course. The Board will conduct a final review of an application, if required, at its next regularly scheduled meeting.

(b) The application shall include the following information:

(1) The full name and address of the provider.

(2) The title of the course and subjects covered.

(3) The date and location of the course.

(4) The names, titles, affiliations and degrees of instructors.

(5) The schedule of the course. A detailed syllabus and time allocated for each portion of the course.

(6) A breakdown of the number of clock hours for each portion of the course scheduled.

(7) The method of certifying attendance.

(8) The course coordinator.

(9) Evidence of compliance with the standards in § 15.75 (relating to responsibilities of course providers).

(c) Disapprovals of courses will include statements setting forth the reasons for disapproval. Providers may submit new applications which document alterations made to meet Board requirements.

The provisions of this § 15.74 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1).

The provisions of this § 15.74 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429.

This section cited in 49 Pa. Code § 15.12 (relating to fees); 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 15.71 (relating to definitions); 49 Pa. Code § 15.75 (relating to responsibilities of course providers); and 49 Pa. Code § 15.77 (relating to licensee application for approval of continuing education courses).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.75 Responsibilities of course providers.

(a) Providers shall supply adequate facilities that provide physical access to licensees in conformance with applicable law except for satellite seminars and electronic presentations.

(b) Providers shall insure that instructors are qualified.

(c) Providers seeking Board approval of a course shall present evidence that the course material and subject matter will enhance landscape architects’ professional knowledge and practice skills.

(d) Providers shall inform the Board of material modifications in courses before modifications are implemented. Approval may be withdrawn if changes do not comply with the act and § § 15.71—15.74, 15.76—15.81 and this section.

(e) Providers of satellite seminars or electronic presentations shall document affiliation with an educational institution or other entity identified in § 15.76 (relating to sources of continuing education courses) or provide a mechanism to test or evaluate the licensee’s successful completion of the course.

The provisions of this § 15.75 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1).

The provisions of this § 15.75 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429.

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 15.71 (relating to definitions); and 49 Pa. Code § 15.78 (relating to withdrawal of approval of a course).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.76 Sources of continuing education courses.

The Board finds the courses provided, approved, sponsored or co-sponsored by the following entities meet the standards of the act and this subchapter:

(1) The American Society of Landscape Architects and its chapters.

(2) The American Nursery & Landscape Association and its chapters.

(3) The American Planning Association and its chapters.

(4) The American Institute of Architects and its chapters.

(5) The National Society of Professional Engineers and its chapters.

(6) The National Recreation and Parks Association and its chapters.

(7) The Pennsylvania Society of Land Surveyors.

(8) The Urban Land Institute.

(9) Accredited landscape architect programs or programs in fields related to landscape architecture in colleges and universities.

(10) Agencies of the Commonwealth and Federal government offering training programs in landscape architecture and its related fields.

(11) The Council of Landscape Architects Registration Boards (CLARB) or its successor.

The provisions of this § 15.76 issued under sections 4(9), 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9), 905 and 909.1).

The provisions of this § 15.76 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial pages (268648) to (268649).

This section cited in 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 15.71 (relating to definitions); 49 Pa. Code § 15.74 (relating to approval of continuing education courses); 49 Pa. Code § 15.75 (relating to responsibilities of course providers); and 49 Pa. Code § 15.77 (relating to licensee application for approval of continuiing education courses).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.77 Licensee application for approval of continuing education courses.

(a) A licensee may apply for approval of a course not approved by the Board under § 15.74 or § 15.76 (relating to approval of continuing education courses; and sources of continuing education courses) on a one-time basis per biennium. A licensee shall submit an application for approval and the required fee at least 60 days prior to the date the course commences.

(b) The application shall include the supporting documentation required by § 15.74(b).

The provisions of this § 15.77 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1).

The provisions of this § 15.77 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429.

This section cited in 49 Pa. Code § 15.12 (relating to fees); 49 Pa. Code § 15.58 (relating to licensure by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 15.71 (relating to definitions); and 49 Pa. Code § 15.75 (relating to responsibilities of course provisions).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.78 Withdrawal of approval of a course.

The Board may, following notice and hearing under 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies), withdraw the approval of an approved course if the Board finds one or more of the following:

(1) The Board’s approval of the course was acquired by misrepresentation.

(2) The provider fails to maintain compliance with § 15.75 (relating to responsibilities of course providers).

(3) The provider refuses to allow reasonable inspection or to supply information on request of the Board or its representatives.

(4) The provider and the course otherwise do not comply with this chapter.

The provisions of this § 15.78 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1).

The provisions of this § 15.78 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.79 Reporting of hours spent in continuing education.

An applicant for license renewal shall certify on the renewal application whether the applicant has completed the required number of hours of Board-approved continuing education courses.

The provisions of this § 15.79 issued under sections 4(9), 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 904(9), 905 and 909.1).

The provisions of this § 15.79 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429; amended July 28, 2006, effective July 29, 2006, 36 Pa.B. 4003. Immediately preceding text appears at serial page (268650).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.80 Retention of records.

(a) The licensee shall retain copies of licensure renewal forms and the certificates, transcripts or other acceptable documentation of completion of the prescribed number of clock hours for 6 years following completion of the course. Records and documentation shall be produced upon demand by the Board or its auditing agents. The Board will utilize a random audit of renewals to determine compliance with the continuing education requirement.

(b) Acceptable documentation of completion shall consist of a document prepared by the provider indicating continuing education course titles, completion dates and clock hours granted.

(c) A provider shall retain records for 6 years following the presentation of a course which shall document the successful completion of a course and the number of clock hours granted to every licensee. Copies of transcripts, certificates or other documentation shall be made available to a licensee upon request.

The provisions of this § 15.80 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1); amended under sections 4(9) and 9.1(a) of the Landscape Architects’ Registration Law (63 P.S. § § 904(9) and 909.1(a)).

The provisions of this § 15.80 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429; amended February 21, 2014, effective February 22, 2014, 44 Pa.B. 993. Immediately preceding text appears at serial page (321966).

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

49 Pa. Code § 15.81 Waiver.

The Board may waive all or part of the continuing education requirement for biennial renewal upon written documentation by a licensee of illness, emergency or hardship. A waiver request will be evaluated by the Board on a case-by-case basis. The Board will send written notification of its approval or denial of a waiver request.

The provisions of this § 15.81 issued under sections 5 and 9.1 of the Landscape Architects’ Registration Law (63 P.S. § § 905 and 909.1).

The provisions of this § 15.81 adopted August 25, 2000, effective August 26, 2000, 30 Pa.B. 4429.

History

Authority: The provisions of this Chapter 15 issued under the Landscape Architects’ Registration Law (63 P.
Source: The provisions of this Chapter 15 adopted August 29; 1968; amended June 17, 1977, effective June 18, 1977, 7 Pa.

Chapter 19 State Board of Vehicle Manufacturers, Dealers and Salespersons

49 Pa. Code § 19.1 Legislative findings and purposes.

The General Assembly of this Commonwealth finds and declares that the sale of new and used motor vehicles in the Commonwealth vitally affects the general economy of the Commonwealth, the public interest and public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to license manufacturers, dealers and salespersons of new and used motor vehicles doing business in the Commonwealth, in order to prevent frauds, impositions and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this Commonwealth.

The provisions of this § 19.1 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403.

General Comment

This regulation does not refer to the sale of five vehicles by any individual; rather, it sets forth the legislative purpose of the Board of Vehicles Act (63 P. S. § 818.5). Maggiano v. State Board of Vehicle Manufacturers, Dealers and Salespersons, 659 A.2d 1071 (Pa. Cmwlth. 1995).

Standing

Intervening Association had standing to appeal a decision by the State Board of Manufacturers, Dealers and Salespersons, which deemed the application for a broker’s license by a developer of an automobile purchasing program to be withdrawn for lack of jurisdiction, because the Association was able to show that the primary purpose of the Board of Vehicles Act was to protect the general economy of the Commonwealth. Pennsylvania Automotive Association v. State Board of Vehicle Manufacturers, Dealers and Salespersons, 550 A.2d 1041 (Pa. Cmwlth. 1989).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.2 Definitions.

In addition to the terms defined in section 2 of the act (63 P. S. § 818.2), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Board of Vehicles Act (63 P. S. § 818.1—818.37). Board—The State Board of Vehicle Manufacturers, Dealers and Salespersons. Dealer’s interest in vehicles—A dealer’s interest in vehicles, as the term is used in section 2 of the act, does not include the lease of a vehicle. Engaging in the occupation of vehicle salesperson—The display, demonstration, offer for sale or retail sale of any vehicle not owned by that person.

The provisions of this § 19.2 amended under section 4 of the Board of Vehicles Act (63 P. S. § 818.4).

The provisions of this § 19.2 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial pages (201776) and (271697) to (271698).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.3 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) (General Rules), is applicable to the activities of and proceedings before the Board. Sections 19.31—19.38 (relating to protest proceedings) supplement the General Rules and apply solely to proceedings under sections 8(d), 13 and 27 of the act (63 P.S. § § 818.8(d), 818.13 and 818.27).

The provisions of this § 19.3 amended under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P.S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.3 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2396; amended February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, effective February 4, 2006, 36 Pa.B. 715. Immediately preceding text appears at serial page (290075).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.4 Fees.

The following is the schedule of fees charged by the Board:

The provisions of this § 19.4 amended under sections 4, 30(b), 302(a)(9), 304, 321(c), 330(a) and 332.1(c) of the Board of Vehicles Act (63 P.S. § § 818.4 and 818.30(b), 818.302(a)(9), 818.304, 818.321(c), 818.330(a) and 818.332a(c)).

The provisions of this § 19.4 adopted May 19, 1989, effective May 20, 1989, 19 Pa.B. 2162; amended December 15, 2000, effective December 16, 2000, 30 Pa.B. 6427; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485; amended June 8, 2007, effective June 9, 2007, 37 Pa.B. 2606; amended January 21, 2022, effective January 22, 2022, 52 Pa.B. 444; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 370. Immediately preceding text appears at serial pages (408367) to (408368).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.11 License.

It is unlawful for a person, except as provided in this chapter, to engage in the occupation of salesperson within this Commonwealth unless the person has secured a license as required under the act.

The provisions of this § 19.11 amended under section 4 of the Board of Vehicles Act (63 P.S. § 818.4).

The provisions of this § 19.11 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial page (271699).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.12 Application for license.

(a) Application for license as a salesperson shall be made in writing to the Board, signed by the applicant, designating the business name and address of the dealer then employing the applicant or into whose employ the applicant is then about to enter. Applications shall be made upon a form of application prepared by the Board which shall include the recommendation of his employer or prospective employer certifying that the applicant is honest, trustworthy, truthful and of good repute and recommending that a license be granted. In the case of an applicant who is himself a dealer, an officer of a corporation which is a dealer or a member of a partnership which is a dealer, a representative of a bank or sales finance company which has personal knowledge concerning the reputation and fitness of the applicant, shall complete affidavit No. 4 on transfer form or No. 18 on the original application. The form of application shall contain other information, as the Board requires.

(b) A person, resident or nonresident, who, in whole or in part, sells, distributes or exchanges vehicles to dealers within this Commonwealth, is required to be licensed in this Commonwealth as a distributor or dealer.

The provisions of this § 19.12 amended under section 5 of the Motor Vehicle Salesman’s License Act (63 P. S. § 805(6)) (Repealed); amended under section 4 of the Board of Vehicles Act (63 P. S. § 818.4).

The provisions of this § 19.12 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3820; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial pages (271699) to (271700).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.14 Display of salesperson’s licenses.

Dealers shall hold and properly display the display portion of the licenses of all salespersons in his employ.

The provisions of this § 19.14 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.17 Separate business identity for brokers and dealers.

Every licensed dealership shall have a business identity separate from other businesses owned or operated by the dealer.

The provisions of this § 19.17 issued under section 4(9) of the Board of Vehicles Act (63 P. S. § 818.4(9)).

The provisions of this § 19.17 adopted March 7, 1986, effective March 8, 1986, 16 Pa.B. 673; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial page (201781).

This section cited in 49 Pa. Code § 43b.9 (relating to schedule of civil penalties—vehicle manufacturers, dealers and salespersons).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.17a Branch lots.

(a) Facility. Unless otherwise exempted by the act or this chapter, any location where a licensed vehicle dealer displays or offers vehicles for sale shall be licensed and comply with the facilities requirements set forth in the act and § 19.18 (relating to established place of business for dealers).

(b) Storage of vehicles. The storage of vehicles by a licensed vehicle dealer at an unlicensed location will not be considered to be the display or offer for sale of vehicles at that location if:

(1) The lot is used solely for the storage of vehicles.

(2) The lot is identified by a sign with the dealership name and a designation that the lot is for ‘‘storage only.’’ The area may not otherwise be identified.

(3) A salesperson is present at the lot only as necessary to repair, recondition, inspect or move any of the vehicles.

(4) A salesperson present at the unlicensed location does not engage in any demonstration or discussion of product features of the vehicles and does not discuss any terms of sale.

(5) The public is not permitted access to any of the vehicles at the lot and the vehicles are not capable of being entered or operated (other than by criminal acts).

(6) A sign or other marking at the lot or on any of the vehicles at the lot (except for a Federally-mandated manufacturer’s price sticker) does not indicate that any of the vehicles at the lot are available for sale at any other location.

(7) Literature, such as business cards or brochures, is not available for potential customers to remove from the lot.

(8) The dealer has provided a potential customer at the lot with no means, such as telephone, e-mail or Internet website, to negotiate the sale of, to obtain additional information concerning, or to otherwise discuss the vehicles at the unlicensed lot or other vehicles available for sale by the dealer.

(1) The placement of a single vehicle before the public will not be considered the buying, selling or exchanging of the vehicle, as defined in section 2 of the act (63 P. S. § 818.2), if:

(i) The placement is by a vehicle dealer licensed in this Commonwealth.

(ii) No more than one vehicle is placed at the location.

(iii) A salesperson present at the location does not discuss the features of the vehicle or other vehicles handled by the dealership and does not negotiate or conclude the sale of the vehicle or another vehicle of the dealer.

(iv) There is no sales office at the location.

(v) There are no sales forms present at the location.

(vi) The dealer has secured the vehicle so that it is not capable of being entered or operated by potential customers or others (other than by criminal acts).

(vii) The location is not at the licensed premises of any vehicle dealer or vehicle auction.

(viii) A sign is posted that identifies the vehicle as for display only and not for sale at that location.

(2) This subsection applies to the placement of automobiles, light trucks and motorcycles, but does not apply to the placement of recreational vehicles, mobile homes, manufactured housing, and other vehicles not identified in this paragraph.

The provisions of this § 19.17a issued under sections 2, 4(4) and (9) and 5(e) of the Board of Vehicles Act (63 P. S. § § 818.2, 818.4(4) and (9) and 818.5(e)).

The provisions of this § 19.17a adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4689.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.18 Established place of business for dealers.

A licensed dealer shall maintain an established place of business that meets the following criteria:

(1) Permanent enclosed building. The dealer shall own or rent a permanent enclosed building for use by the dealership. A permanent enclosed building may consist of an office trailer with skirting and a permanent foundation. The dealership must be separated from adjoining businesses and residences by partitions or walls.

(2) Private office. The dealership must have a private office, separate from display areas and repair and servicing facilities, that has space for the storage of books and records.

(3) Display area. The dealership must have a display area—whether indoors, outdoors or partly indoors and partly outdoors—where the public is permitted and invited in the regular course of business to inspect or test drive the vehicles that are being offered for sale, purchase or exchange by the dealership. The display area may not include areas of the dealership premises on which are placed vehicles that are wrecked or damaged, that are awaiting reconditioning or preparation for sale, purchase or exchange, that are being serviced or repaired, that are part of general inventory, or that are otherwise not being offered for sale, purchase or exchange to the public. The display area shall meet the following requirements:

(i) Size.

(A) The display area of a dealership that buys, sells or exchanges vehicles must be large enough for the display of at least five vehicles—with doors opened—of the kind that are bought, sold or exchanged by the dealership. The display area of a dealership that buys, sells or exchanges recreational vehicles, manufactured housing and mobile homes must have a display area of at least 5,000 square feet, unless exempted by section 5(e)(3) or (4) of the act (63 P. S. § 815.5(e)(3) and (4)).

(B) The minimum size display area requirements of this paragraph do not apply to a licensed vehicle dealer that sells only new firefighting or emergency service vehicles.

(ii) Grading and surfacing. An outdoor display area must be properly graded. The outdoor display area of a dealership that buys, sells or exchanges vehicles must be surfaced with concrete, asphalt, slag, brick, stone, aggregate, gravel, cinder or similar material. A dealership that otherwise complies with this paragraph may display up to five vehicles without regard for the grading or surfacing where those vehicles are displayed, so long as customers are not permitted to be present in the nonconforming area. A dealer may demonstrate that customers are not permitted to be present in the nonconforming area by posting a no-trespassing or similar sign, erecting a barrier or taking another reasonable precaution.

(iii) Separation from adjacent parking areas. An outdoor display area must be separated from the parking areas of adjacent businesses and residences by grass strips, ropes and pennants, painted lines or some other conspicuous means of separation.

(iv) Lighting. If a dealership with an outdoor display area intends to be open during evening hours, the display area must be lighted adequately.

(4) Repairs and ancillary services. A dealership that buys, sells or exchanges mobile homes or manufactured housing must do one of the following:

(i) Provide transportation, installation and repair services to its customers.

(ii) Make available to its customers a list of persons or companies who provide transportation, installation and repair services.

(5) Telephone. The dealership must have a single business line telephone, located within the permanent enclosed building, that is used for the dealership. The telephone number must be listed under the dealership’s licensed name.

(6) Sign. The dealership must exhibit a sign, either permanently affixed to the building or erected in the outdoor display area, that shows the licensed name of the dealership and that is visible to the public.

(7) Land-use ordinances. The dealership must be in full compliance with applicable building codes, zoning ordinances and other land-use ordinances.

(8) Fire-safety requirements. A dealership must posses a certificate of occupancy issued by a building code official in accordance with the Pennsylvania Construction Code Act (35 P. S. § § 7210.101—7210.1103).

(9) Posting of business hours. The dealership must post its regular business hours in a conspicuous place for the visiting public.

The provisions of this § 19.18 issued under sections 2 and 5(e) of the Board of Vehicles Act (63 P. S. § § 818.2 and 818.5(e)); amended under section 4(9) of the Board of Vehicles Act (63 P. S. § 818.4(9)).

The provisions of this § 19.18 adopted March 7, 1986, effective March 8, 1986, 16 Pa.B. 673; amended June 15, 1990, effective June 16, 1990, 20 Pa.B. 3158; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485; amended July 2, 2004, effective July 3, 2004, 34 Pa.B. 3410; amended December 3, 2004, effective December 4, 2004, 34 Pa.B. 6407. Immediately preceding text appears at serial pages (305545) to (305547).

This section cited in 49 Pa. Code § 19.17a (relating to branch lots); and 49 Pa. Code § 43b.9 (relating to schedule of civil penalties—vehicle manufacturers, dealers and salesperson).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.18a Consignment sales.

(a) A licensed dealer is permitted to engage in consignment sales without being licensed as a wholesale vehicle auction or public or retail vehicle auction, as defined in section 2 of the act (63 P. S. § 818.2), if the dealer meets the requirements of this section.

(b) The dealer shall maintain the following documents at the lot where the vehicle is displayed:

(1) A copy of a separate written consignment agreement with the consignor for each vehicle. The written consignment agreement shall contain the following information:

(i) The name and signature of the consignor.

(ii) The make, model, year, vehicle identification number, and license plate number of the vehicle.

(iii) The length of the consignment period.

(iv) The terms of sale, including the minimum selling price, if any, and the amount of or formula for determining the dealer’s commission.

(v) The terms of insurance coverage during the period of consignment, including the name, address and telephone number of the consignor’s insurance agent, if any.

(vi) The express identification of any warranties extended by the consignor.

(vii) The name and address or telephone number of all current lien holders, together with the account number for each lien.

(viii) Any material facts relative to the vehicle, including accident history known to the seller, vehicle condition and odometer disclosure.

(2) A copy of the current registration card.

(3) A copy of the title or a print-out of an electronic lien verification.

(c) The dealer shall have the title of the vehicle assigned from the consignor to the dealer prior to applying for title in the name of the buyer.

(d) Whenever a vehicle is displayed for sale on consignment, the dealer shall disclose in writing in at least 20-point bold type on or attached to the vehicle that the vehicle is held on consignment and is not owned by the dealer.

(e) A dealer may not deliver a vehicle on consignment sale without having all title, lien and registration documents signed by the buyer or consignor, or both, as appropriate.

The provisions of this § 19.18a issued under sections 4(9) and 5(f)(3) of the Board of Vehicles Act (63 P. S. § § 818.4(9) and 818.5(f)(3)).

The provisions of this § 19.18a adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4691.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.19 Standards of licensure for retail or public auction.

(a) Auction activities.

(1) Every public or retail auction shall have a business identity separate from other businesses owned or operated by the public or retail auction.

(2) A public or retail auction may not conduct auction activities other than from its established place of business. A retail or public auction may auction only those vehicles that are physically located at the established place of business of the public or retail auction. A retail or public auction may accept bids by telephone, Internet or other remote means.

(3) An auction license does not permit a public or retail auction to broker, other than the auctioning of vehicles.

(b) Established place of business.

(1) The established place of business for a public or retail auction must include a permanent enclosed building for use as an auction facility within this Commonwealth. This paragraph does not require that all auctioning of vehicles be conducted within the permanent enclosed building.

(2) The established place of business must include a private office, located within the permanent enclosed building, separate from display areas and auctioning areas, that has space for the storage of books and records.

(3) The established place of business must have a single business line telephone, located within the permanent enclosed building, that is used for the public or retail auction. The telephone number must be listed under the public or retail auction’s licensed name.

(4) The established place of business must be in full compliance with applicable building codes, zoning ordinances and other land-use ordinances.

(5) A public or retail auction shall possess a certificate of occupancy issued by a building code official in accordance with the Pennsylvania Construction Code Act (35 P. S. § § 7210.101—7210.1103).

(6) A public or retail auction shall post a sign indicating the days and hours that the public may attend for either inspection or auctioning of vehicles.

(7) A public or retail auction shall exhibit a sign, either permanently affixed to the building or erected outdoors in the display area, that shows the licensed name of the auction and that is visible to the public.

(8) A public or retail auction shall have a display area where potential buyers are permitted and invited in the regular course of business to inspect or test drive the vehicles that are being offered for sale by the auction. The display area must be at or adjacent to the auction’s established place of business. The display area may be indoors, outdoors or partly indoors and partly outdoors. The outdoor portions of a display area must be properly graded and surfaced with concrete, asphalt, slag, brick, stone, aggregate, gravel, cinder or similar material.

The provisions of this § 19.19 issued under sections 2 and 4(9) of the Board of Vehicles Act (63 P. S. § § 818.2 and 818.4(9)).

The provisions of this § 19.19 adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4693.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.20 Standards of licensure for wholesale auction.

(a) Auction activities.

(1) Every wholesale auction shall have a business identity separate from other businesses owned or operated by the wholesale auction.

(2) A wholesale auction may not conduct auction activities other than from its established place of business. A wholesale auction may auction only those vehicles that are physically located at the established place of business of the wholesale auction. A wholesale auction may accept bids by telephone, Internet or other remote means.

(3) An auction license does not permit a wholesale auction to broker, other than the auctioning of vehicles.

(b) Established place of business.

(1) The established place of business for a wholesale auction must include a permanent enclosed building for use as an auction facility within this Commonwealth. This paragraph does not require that all auctioning be conducted within the permanent enclosed building.

(3) The established place of business must have a single business line telephone, located within the permanent enclosed building, that is used for the wholesale auction. The telephone number must be listed under the wholesale auction’s licensed name.

(4) The established place of business shall be in full compliance with applicable building codes, zoning ordinances and other land-use ordinances.

(5) A wholesale auction shall possess a certificate of occupancy issued by a building code official in accordance with the Pennsylvania Construction Code Act (35 P. S. § § 7210.101—7210.1103).

(6) A wholesale auction shall post a sign indicating the auction’s licensed name and that the auction is not open to the general public.

The provisions of this § 19.20 issued under sections 2 and 4(9) of the Board of Vehicles Act (63 P. S. § § 818.2 and 818.4(9)).

The provisions of this § 19.20 adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4693.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.22 Investigation.

The Board will investigate on its own initiative or upon the verified complaint in writing of a person, allegations of the wrongful act of a licensee of the act and will have the power to suspend or revoke licenses issued by the Board if, after notice and hearing, the person charged is found guilty of committing or attempting to commit the following acts, in addition to those acts enumerated in the act:

(1) Has required a purchaser of a new vehicle, as a condition of sale and delivery of the vehicle, to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser.

(2) Has willfully failed or refused to perform a written agreement with a retail buyer involving the sale of a vehicle.

(3) Has used the words ‘‘lease’’ or ‘‘leasing’’ in a dealer’s trade name.

(4) Has with intent to sell or in any way dispose of vehicles, or with intent to increase the volume of sales of vehicles or to induce the public in any manner to enter into an obligation relating thereto, or to acquire title thereto or an interest therein, made, published, disseminated, or caused, directly or indirectly, the same to be made, published, disseminated, circulated or placed before the public, in a newspaper or other publication in the form of a book, notice, handbill, poster, sign, bill circular, pamphlet or letter, or over a radio or television station or other medium of wireless communication, or in another way, similar or dissimilar to the foregoing, an advertisement, announcement, or statement, of any sort regarding the vehicles so offered to the public or concerning the quantity, quality, value, merit, use, present or former price, cost, reason for price, motive for sale or concerning the method of pricing, or the possession of rewards, prizes or distinctions conferred, regarding the vehicles which advertisement contains an assertion, representation, or statement of fact which is untrue, deceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive or misleading.

(5) Has advertised a vehicle for sale, in a manner indicating that the sale is being made by a private party or household not engaged in the vehicle business, unless that advertisement shall affirmatively and unmistakably indicate and state that the seller is a dealer or salesperson and not a private party.

(6) Has advertised misrepresenting the true nature of the business by the use of the words ‘‘manufacturer,’’ ‘‘importer’’ or ‘‘wholesaler’’ or has represented that he is selling at wholesale in any form of sale or advertising unless the dealer is actually selling at wholesale for the purpose of resale, or unless the dealer is in fact advertising true wholesale prices.

(7) Has misrepresented the true nature of the business by the use of the words ‘‘sale at wholesale’’, ‘‘sales at wholesale,’’ ‘‘wholesale sale,’’ ‘‘wholesale prices’’ or words of similar import containing the word ‘‘wholesale’’ unless vehicles listed or sold under the claims are sales to a purchaser for the purpose of resale.

(8) Has advertised a vehicle for sale and then has refused to show, demonstrate or sell the vehicle offered in accordance with the terms of the offer, subject to prior sale.

(9) Has used the word ‘‘new’’ in the trade name, in the advertising, or on the checks or business stationery of a dealer who engages only in the sale, purchase or exchange of used vehicles.

(10) Has used the words ‘‘broker’’ or ‘‘brokering’’ in the trade name, in the advertising, or on the checks or business stationery of a dealer or auction.

The provisions of this § 19.22 issued under sections 2, 4(9) and 5(e) of the Board of Vehicles Act (63 P. S. § § 818.2, 818.4(9) and 818.5(e)).

The provisions of this § 19.22 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403; amended December 30, 1977, effective December 31, 1977, 7 Pa.B. 3972; amended March 7, 1986, effective March 8, 1986, 16 Pa.B. 673; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial pages (261714) to (261715).

New Car Dealers

The requirement in 49 Pa. Code § 19.22(19) (relating to investigation) that new car dealers have a franchise before selling new cars is an example of the difference in protection and regulation which is required for new car dealers and for used car dealers. D & B Auto Sales v. State Board of Motor Vehicle Manufacturers, Dealers and Salesmen, 370 A.2d 428 (Pa. Cmwlth. 1977).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.23 Vehicle shows, off-premise sales and exhibitions.

A vehicle show, off-premise sale or exhibition may not last for more than 14-consecutive days. To preclude the operation of an unlicensed branch location, a dealer may not participate in any show or combination of shows at a given location for more than 15 days in any period of 30 days, for more than 30 days in any period of 3 months or for more than 60 days in any period of 12 months.

The provisions of this § 19.23 amended under section 4 of the Board of Vehicles Act (63 P. S. § 818.4).

The provisions of this § 19.23 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial page (261716).

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.31 Filing of papers.

(a) Place of filing. Every pleading and other document in a protest matter shall be filed with the prothonotary for the Department of State at One Penn Center, 2601 North Third Street, Post Office Box 2649, Harrisburg, PA 17105-2649.

(b) Copies. An original and one copy of each document shall be filed with the prothonotary. A copy of each document shall be served on each party to the protest. An additional copy of each document shall be served on the Board’s counsel for protest matters (protest counsel) at One Penn Center, 2601 North Third Street, Post Office Box 2649, Harrisburg, PA 17105-2649.

The provisions of this § 19.31 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.31 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.32 Initiation of a protest.

(a) Protest petition. The protest must be in petition form and set forth in numbered paragraphs the material facts sufficient to justify relief to the protestant, in accordance with 1 Pa. Code § 35.17 (relating to petitions generally).

(1) The protest shall have appended to it a copy of any demand for mediation required by section 11(a) of the act (63 P. S. § 818.11(a)).

(2) A protest filed under section 8(d) of the act (63 P. S. § 818.8(d)) shall have appended to it a copy of any notice of the action that is being protested.

(3) A protest filed under section 13 of the act (63 P. S. § 818.13) shall have appended to it a copy of any notice of intent to terminate a franchise.

(4) A protest filed under section 27 of the act (63 P. S. § 818.27) shall have appended to it a copy of any notice of establishment or relocation of a franchise.

(b) Service of the protest. A copy of the protest shall be served on the representative of the manufacturer or distributor (respondent) who provided any notice, as set forth in subsection (a), of the action that is being protested. If notice was not provided, a copy of the protest shall be served on a managerial representative of the respondent whose responsibilities include the subject of the protest.

The provisions of this § 19.32 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.32 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.33 Intervention.

(a) Intervention as of right. In any protest matter filed under section 27 of the act (63 P. S. § 818.27), the existing dealer who seeks to relocate a franchise or the additional dealer to whom the respondent seeks to award a franchise may intervene on behalf of the respondent upon the filing of a notice of intervention setting forth its right to intervene under this subsection. Any party intervening as of right on behalf of the respondent under this subsection shall file an answer to the protest contemporaneously with the filing of the notice of intervention or as directed in the scheduling order, whichever is later.

(b) Intervention by permission. Any other person seeking to intervene shall petition to intervene in accordance with 1 Pa. Code § § 35.27—35.32 (relating to intervention).

The provisions of this § 19.33 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.33 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.34 Time for adjudication.

(a) Scheduling order. Upon receipt from one or more parties of notice that mediation required by section 11(a) of the act (63 P. S. § 818.11(a)) was not successful, protest counsel will prepare and issue a scheduling order. The scheduling order will set forth the dates by which the answer, requests for subpoenas, prehearing statements and posthearing briefs shall be filed, as well as the date and time for the prehearing conference and the location and beginning date and time of the hearing. The dates will be determined to permit the Board to issue its adjudication in compliance with the time requirements of section 8 of the act (63 P. S. § 818.8).

(b) Waiver. The parties may waive the time for adjudicating a protest matter in section 8 of the act (63 P. S. § 818.8). A waiver must be in writing, specifying the time period that is to be waived, and signed on behalf of all parties joining in the waiver. Unless otherwise specified in the filing, the Board will treat the filing of any waiver as a request for a continuance through that time period and will issue an amended scheduling order accordingly.

(c) Extension of time. Any request for an extension of time or continuance that would delay the filing of posthearing briefs shall be accompanied by a waiver through the second monthly meeting of the Board following the date posthearing briefs are to be filed as if the request were to be granted. The Board may grant a request for extension of time or continuance for which the protestant, or an intervenor on behalf of the protestant, does not also sign the waiver.

The provisions of this § 19.34 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.34 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.35 Subsequent pleadings.

(a) Answer. The respondent, and any intervenor on behalf of the respondent, may not file an answer to a protest until directed to do so by a scheduling order issued by the Board. An answer must either admit or deny each numbered paragraph of the protest, in accordance with 1 Pa. Code § 35.35 (relating to answers to complaints and petitions), and may contain averments of new matter.

(b) Reply to new matter. The protestant, and any intervenor on behalf of the protestant, may reply within 10 days to an answer that sets forth new matter.

The provisions of this § 19.35 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.35 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.36 Prehearing statements.

(a) Filing of prehearing statement. Each party to a protest shall file a prehearing statement in accordance with the scheduling order.

(b) Content of prehearing statement. A prehearing statement must contain:

(1) A concise statement of the facts that will be offered by oral or documentary evidence at the hearing and a statement of any unusual questions of evidence anticipated with respect to the proof of such facts.

(2) A statement of any questions of law anticipated with respect to the issues in the case. The questions shall be presented with a statement of authority supporting the position taken.

(3) The names and addresses of all persons who may be called as witnesses. The identification of a witness does not create any obligation to call the witness or to procure the witness’s attendance at the hearing.

(4) The report and curriculum vitae of any expert whose opinion will be offered into evidence at the time of hearing. The report must include the findings and conclusions of the expert.

(5) A list of all exhibits and copies of the exhibits that a participant intends to use at the hearing.

(6) An estimate of the length of time that will be required to present the party’s case in chief.

(c) Sanctions. Failure to file a prehearing statement as required by this section and within the time specified in the scheduling order may subject a party to sanctions, including being precluded from presenting evidence.

(d) Supplement. A party may supplement its prehearing statement at any time prior to the prehearing conference. A party may not present any documentary evidence or the testimony of any witness not listed in its prehearing statement, as supplemented, except upon good cause shown.

The provisions of this § 19.36 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.36 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.37 Prehearing conference.

(a) Prehearing conference. A representative of each party to a protest shall participate in a prehearing conference under 1 Pa. Code § 35.111 (relating to conferences to adjust, settle or expedite proceedings) as directed by the scheduling order. Unless otherwise ordered by the Board, the prehearing conference will be telephonic and will be initiated by protest counsel.

(b) Authority of protest counsel. In connection with the prehearing conference, protest counsel shall have all authority of a presiding officer under 1 Pa. Code § 35.114 (relating to authority of presiding officer at conference).

The provisions of this § 19.37 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.37 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

49 Pa. Code § 19.38 Posthearing briefs.

(a) Posthearing briefs. Posthearing briefs must conform to 1 Pa. Code § 35.192 (relating to content and form of briefs), except that a brief may not have appended to it any copy of an exhibit or any notes of testimony.

(b) Reply briefs. A party may file a reply brief no later than 7 days after an opposing party’s filing of a posthearing brief.

The provisions of this § 19.38 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. § § 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).

The provisions of this § 19.38 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 536; corrected February 10, 2006, 36 Pa.B. 714.

History

Authority: The provisions of this Chapter 19 issued under the Motor Vehicle Salesman’s License Act (63 P.
Source: The provisions of this Chapter 19 adopted July 18, 1968, unless otherwise noted.

Chapter 20 State Board of Massage Therapy

49 Pa. Code § 20.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Massage Therapy Law (63 P.S. § § 627.1—627.50). Board—The State Board of Massage Therapy. Client—Any individual, group of individuals, or organization to which an L.M.T. provides massage therapy services. Contact hour—A 50 to 60 minute period of instruction related to the practice of massage therapy in the physical presence of an instructor or supervisor. Draping—The use of linens to cover a massage therapy client to preserve client privacy and modesty, to maintain professional boundaries and for client warmth. FSMTB—The Federation of State Massage Therapy Boards. Immediate supervision—The supervisor or instructor is within visual or audible range of the individual being supervised. In-class—In the physical presence of an instructor or under the immediate supervision of a clinical supervisor. Indirect supervision—The supervision provided by a clinical supervisor or instructor who has given a student instructions on the performance of massage therapy activities, assigned for credit, that are to be practiced outside of class or clinic. Informed consent—A process wherein the massage therapist and a competent client or the client’s guardian come to a mutual understanding of the massage therapy treatment, including objectives, benefits and any risks. L.M.T.—Licensed Massage Therapist. MBLEx—Massage and Bodywork Licensure Examination of the Federation of State Massage Therapy Boards. Massage therapy treatment plan—Written documentation that addresses soft tissue manifestations, needs and concerns of the client, including identifying indications, contraindications and precautions of massage therapy within the scope of the act, how the needs and concerns will be addressed, massage therapy goals and how progress will be assessed. NCBTMB—National Certification Board for Therapeutic Massage and Bodywork. NCETM—National Certification Examination for Therapeutic Massage. NCETMB—National Certification Examination for Therapeutic Massage and Bodywork. NESL—National Examination for State Licensure, an option offered by the NCBTMB which allows individuals to take the NCETM or NCETMB without obtaining National certification. Professional relationship—The relationship between a massage therapist and a client which shall be deemed to exist from the first professional contact or consultation and continue thereafter until 6 months after the last date of a professional service. Sexual abuse—Conduct which constitutes a violation of any provision of 18 Pa.C.S. (relating to crimes and offenses) related to sexual offenses (See 18 Pa.C.S. § § 3121—3130 (relating to definition of offenses).) Sexual harassment—Deliberate or repeated comments, gestures or physical contacts of a sexual nature. Sexual impropriety—The term includes the following offenses during the professional relationship:

(i) Making sexually demeaning or sexually suggestive comments about or to a client, including comments about a client’s body or clothing.

(ii) Unnecessarily exposing a client’s body or watching a client dress or undress, unless the client specifically requests assistance due to disability.

(iii) Discussing or commenting on a client’s potential sexual performance or requesting details of a client’s sexual history or preferences.

(iv) Volunteering information to a client about one’s sexual problems, preferences or fantasies.

(v) Behavior, gestures, or expressions to a client that are seductive or of a sexual nature.

(vi) Using draping practices that reflect a lack of respect for the client’s privacy. Sexual intimacies—Romantic, sexually suggestive or erotic behavior or soliciting a date. Sexual violation—Sexual conduct, during the professional relationship, between a massage therapist and a client, including any of the following:

(i) Indecent exposure.

(ii) Touching, with the massage therapist’s body or an object, the genitals or any sexualized body part of the client for any purpose other than appropriate examination or treatment or when the client has refused or withdrawn consent.

(iii) Encouraging a client to masturbate in the presence of the massage therapist or masturbating while a client is present.

(iv) Providing or offering to provide treatment in exchange for sexual favors. Supervisor—A licensee or instructor who meets the qualifications under section 13(3) of the act (63 P. S. § 627.13(3)). Treatment—The use of massage therapy where the primary intent is to enhance the health and well-being of the client.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.2 Applicability of general rules.

The provisions of 1 Pa. Code § 31.1 (relating to scope of part), and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) are applicable to the activities of and proceedings before the Board.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.3 Fees.

(a) The following fees are charged for services provided by the Board:

Application for initial licensure…$100

Application for temporary practice permit…$65

Verification of licensure or letter of good standing…$15

Certification of licensure history…$25

Reactivation of license…$65

Restoration after suspension or revocation…$65

Approval of continuing education program…$100

(b) The following fees are charged to sustain the operations of the Board:

Biennial renewal fee for biennial period February 1, 2019— January 31, 2021…$125

Biennial renewal fee for biennial period February 1, 2021— January 31, 2023…$150

Biennial rewewal fee for biennial period February 1, 2023— January 31, 2025, and each biennial renewal period thereafter…$175

(c) In addition to the application fee prescribed in subsection (a), which is payable directly to the Board, a candidate for the MBLEx shall be responsible for any fees charged by the FSMTB for taking the examination.

The provisions of this § 20.3 amended under section 11(a) of the Massage Therapy Law (63 P.S. § 627.11(a)).

The provisions of this § 20.3 amended December 1, 2018, effective immediately, 48 Pa.B. 7400. Immediately preceding text appears at serial page (354708).

This section cited in 49 Pa. Code § 20.21 (relating to application for temporary practice permit, initial licensure and licensure by reciprocity); 49 Pa. Code § 20.31 (relating to expiration, renewal and reactivation of license); and 49 Pa. Code § 20.33 (relating to continuing education content and providers).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.11 Minimum hour requirements for massage therapy programs.

(a) Massage therapy programs must provide at least 600 hours of in-class, postsecondary education instruction, including:

(1) At least 175 contact hours of instruction in anatomy and physiology, kinesiology and pathology, including training in the human immunodeficiency virus and related risks.

(2) At least 250 contact hours in massage therapy and bodywork assessment, theory and practice including sanitation, safety and hygiene.

(3) At least 25 contact hours in professional ethics, and business and law related to a massage therapy business.

(4) At least 150 contact hours in related courses appropriate to a massage therapy curriculum as set forth in § 20.13 (related to required knowledge base), including cardiopulmonary resuscitation.

(b) Massage therapy programs may meet the 600-hour requirement through both didactic and clinical courses.

(c) Externship hours may not be included in the 600-hour minimum education instruction. For purposes of this section, an externship is an offsite practical technique learning experience where the student’s supervision is provided by a licensed massage therapist, supervisor or other appropriate licensed health professional.

(d) Hours for practicing assigned techniques under indirect supervision may not be included in the 600-hour minimum education instruction.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.12 Information that must be provided to prospective students.

Massage therapy schools shall inform prospective students, in writing, prior to enrollment, of the annual passing rate of the school’s graduates on each of the approved examinations for licensure for the past 2 years. Any licensee employed by a massage therapy school who knows or has reason to know that the school is not abiding by this provision will be subject to discipline under section 9(a)(7) of the act (63 P. S. § 627.9(a)(7)). In addition, the Board will report the failure of a massage therapy school to conform to this section to the school’s approving or accrediting body.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.13 Required knowledge base.

(a) Massage therapy education must provide students with knowledge of the following:

(1) Massage and bodywork assessment and application.

(2) Contraindications and precautions for massage therapy.

(3) Anatomy and physiology.

(4) Kinesiology.

(5) Pathology.

(6) Pennsylvania legal requirements.

(7) Business practices.

(8) Professional ethics.

(9) CPR resulting in a Board-approved certification.

(10) Communicable diseases and universal precautions.

(11) Power differentials and other therapeutic boundary issues as they relate to client interaction.

(12) Fundamentals of human behavior and respect for clients in the practice of massage therapy.

(b) Massage therapy education must provide students with the practical skills to:

(1) Administer fundamental massage therapy for the treatment of soft tissue manifestations of the human body.

(2) Safely utilize topical preparations, thermal and cryogenic modalities, hydrotherapy and movements that lengthen and shorten soft tissues within the client’s normal range of motion.

(3) Maintain safe and effective body mechanics in the application of massage therapy.

(4) Locate and palpate muscle attachments, muscle bellies and other anatomical landmarks necessary for the practice of massage therapy.

(5) Use draping/coverage practices that address both function and safety.

(1) Development, implementation and modification of a massage therapy treatment plan that addresses client soft tissue manifestations, needs and concerns, including identifying indications, contraindications and precautions of massage therapy within the scope of the act.

(2) Obtaining informed consent regarding the risks and benefits of the massage therapy treatment plan and application and modification of the massage therapy treatment plan as needed.

(3) Using effective interpersonal communication in the professional relationship.

(4) Utilizing an ethical decision making process that conforms to the ethical standards of the profession, as set forth in this chapter and in the codes of ethics of massage therapy professional associations.

(5) Establishing and maintaining a practice environment that provides for the client’s safety and comfort.

(6) Establishing and maintaining client records, professional records and business records in compliance with § 20.42(a)(19) (relating to standards of professional conduct).

This section cited in 49 Pa. Code § 20.11 (relating to minimum hour requirements for massage therapy programs).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.14 Student practice.

(a) A student enrolled in an approved massage therapy program may practice massage therapy by providing services under immediate supervision as part of a clinical training program operated by the school in which the student is obtaining credit.

(b) A student, while enrolled in an approved massage therapy program, may perform techniques learned in class under indirect supervision.

(c) A student may not receive payment from the school, client, or other source for providing massage therapy services; however, a student may accept a nominal gratuity voluntarily given by a client in a clinical training program operated by the school in which the student is obtaining credit.

(d) Massage therapy schools shall maintain records of services provided by students in a clinical training program for at least 3 years from the last date of service.

(e) Students providing services as part of a clinical training program operated by a school shall be clearly identified to the public as students.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.21 Application for temporary practice permit, initial licensure and licensure by reciprocity.

(a) Application forms may be obtained from the Board and are posted on the Board’s web site.

(b) An applicant for licensure shall submit to the Board a completed and signed application form, the application fee as set forth in § 20.3 (relating to fees) and the following documents:

(1) A copy of a legal form of identification, such as a valid driver’s license, a current passport, or a valid State identification card.

(2) An official Criminal History Record Information check from the State Police or other state agency for every state in which the candidate has resided during the past 5 years. The reports must be dated within 6 months of the date of application.

(3) CPR certification, that is valid for at least 6 months following the date of application. A list of Board-approved CPR providers will be posted on the Board’s web site.

(4) Proof of graduation from high school or the equivalent.

(c) An applicant shall request that the applicant’s massage therapy school send directly to the Board the applicant’s official transcript showing successful completion of a massage therapy program in the subject matter and hours required by the act and this chapter. If a school is no longer in operation, the Board may accept a copy of the official transcript from the school’s record depository.

(d) An applicant shall provide a written explanation and copies of all relevant documents as requested by the Board if:

(1) The applicant is under investigation or has ever been denied professional licensure or disciplined by any professional licensing authority of the Commonwealth or any other jurisdiction of the United States or a foreign country.

(2) The applicant has surrendered a massage therapy license or other professional license in this Commonwealth or any other jurisdiction of the United States or a foreign country.

(3) The applicant has been charged with or convicted of a misdemeanor or felony in this Commonwealth or any other jurisdiction of the United States or a foreign country.

(4) The applicant is unable to practice massage therapy with a reasonable skill and safety by reason of use of alcohol, drugs, narcotics, chemicals or any other type of material.

(5) The applicant is unable to practice massage therapy with a reasonable skill and safety by reason of illness or as a result of any mental or physical condition.

(e) An applicant shall verify that the applicant has read, understood and will comply with the act and this chapter.

(f) An applicant is responsible for ensuring that the Board receives all required documentation. If the application is incomplete, the Board will notify the applicant by means of first class mail, within 8 weeks of the receipt of the application, that the application is incomplete.

(g) Applicants shall supply the missing documentation within 6 months from the date the application is executed by the applicant. After that time, if the documentation has not been submitted, the application will be denied and the application fee forfeited. An applicant who wishes to reapply shall submit a new application and application fee.

(h) An applicant whose name changes during the application process or whose name has changed since the applicant completed massage therapy school shall notify the Board in writing and submit, with the notification of name change, the appropriate supporting documentation (such as, marriage certificate, divorce decree, court documents showing a legal name change).

(i) An applicant whose address changes shall notify the Board in writing and submit both the old and new address to the Board.

(j) If any other information requested on the application changes after the date the applicant submits the application to the Board for licensure, the applicant shall immediately notify the Board, in writing, of the change. Failure to update an application may subject an applicant to refusal of the license or a licensee to discipline under section 9(a)(4) of the act (63 P. S. § 627.9(a)(4)).

This section cited in 49 Pa. Code § 20.24 (relating to application requirements for existing practitioners); 49 Pa. Code § 20.25 (relating to additional requirements for applicants for licensure by reciprocity); and 49 Pa. Code § 20.26 (relating to application requirements for temporary practice permits).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.22 Procedure for licensure denial.

(a) The Board will inform the applicant, in writing, of the basis upon which the Board has refused the license. The Board will provide the applicant with an opportunity to demonstrate, at a hearing, that the license should be issued.

(b) If information submitted with the application indicates that an applicant may be unable to safely practice massage therapy, the Board will require the applicant to contact the Bureau of Professional and Occupational Affairs’ Professional Health Monitoring Program and participate in an evaluation to determine if the applicant can safely practice. An applicant may contest the results of the evaluation at a hearing. The Board will provide an applicant who refuses to participate in an evaluation with an opportunity to demonstrate, at a hearing, that the license should be granted.

(c) In a case when the Board refuses to issue a license, the Board will issue a written final decision setting forth the grounds for the refusal and informing the applicant of the applicant’s right to a hearing under section 9(c) of the act (63 P. S. § 627.9(c)).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.23 Licensure examinations.

(a) The Board adopts the NCETM and NCETMB, including the NESL option, and MBLEx as approved examinations for initial licensure under section 7 of the act (63 P. S. § 627.7).

(b) An individual who plans to take the MBLEx offered by the FSMTB shall contact the FSMTB directly to apply for examination. The FSMTB will issue the candidate an Authorization to Test, which the candidate may use to schedule the examination. Candidates are responsible for registering for the licensure examination date and site. Candidates who are unable to test within 90 days of the date the FSMTB issued the candidate’s Authorization to Test will be required to reapply as a new candidate subject to all application and fee requirements in place at that time.

(c) An individual who plans to take the NCETM or NCETMB examinations, including the NESL option offered by the NCBTMB, shall contact the NCBTMB directly to apply for examination. The NCBTMB will issue the candidate an Authorization to Test, which the candidate may use to schedule the examination. Candidates are responsible for registering for the licensure examination date and site. Candidates who are unable to test within 90 days of the date the NCBTMB issued the candidate’s Authorization to Test will be required to reapply as a new candidate subject to all application and fee requirements in place at that time.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.24 Application requirements for existing practitioners.

(a) Existing practitioners shall submit, by January 2, 2012, an application, application fee and the information required under § 20.21(b), (c) and (d) (relating to application for temporary practice permit, initial licensure and licensure by reciprocity) if applicable, and shall be subject to the provisions of § 20.21(e)—(i).

(b) Existing practitioners shall establish that they have conducted a business and been an active participant in that business which was mainly the practice of massage therapy by submitting one of the following:

(1) A signed copy of the applicant’s Federal tax return for the previous year, that lists the applicant’s occupation as massage therapist.

(2) A signed copy of Schedule C of the applicant’s Federal income tax return for the previous year demonstrating that the individual has reported income from the practice of massage therapy.

(3) Proof of professional or practitioner membership level or above in a professional association approved by the Board.

(4) For applicants who have been employed as massage therapists, a notarized statement from the applicant’s employer (on a form provided by the Board) attesting that the individual is a practicing massage therapist, a copy of the employer’s business card or letterhead, and a copy of the applicant’s Federal W-2 or 1099 form.

(c) Existing practitioners applying for licensure under section 5(b)(3)(i) of the act (63 P. S. § 627.5(b)(3)(i)) shall demonstrate that they have been in active, continuous practice for at least 5 years immediately preceding October 9, 2010, by submitting one of the following:

(1) Signed copies of the applicant’s tax returns for the past 5 years, each listing the applicant’s occupation as massage therapist.

(2) Signed copies of Schedule C of the Federal income tax returns for the past 5 years demonstrating that the applicant has reported income from the practice of massage therapy.

(3) Proof, sent directly from a Board-approved professional association, of at least 5 years membership at the professional or practitioner level or above in the professional association.

(4) For applicants who have been employed as massage therapists, a notarized letter from the applicant’s employer (on a form provided by the Board) attesting that the individual has practiced massage therapy for at least the last 5 years, a copy of the employer’s business card or letterhead, and copies of the applicant’s Federal W-2 or 1099 forms for the last 5 years.

(d) Existing practitioners applying for licensure under section 5(b)(3)(ii) of the act shall have the certification agency provide, directly to the Board, evidence that the practitioner passed a massage therapy examination that is part of a certification program accredited by the National Commission for Certifying Agencies.

(e) Existing practitioners applying for licensure under section 5(b)(3)(iii) of the act shall request that their educational program provide an official transcript directly to the Board to demonstrate that the practitioner completed at least 500 hours of instruction in massage and related subjects. Transcripts generated in a language other than English shall be translated into English at the applicant’s expense by a professional translation service and verified to be complete and accurate.

(f) Existing practitioners applying for licensure under section 5(b)(3)(iv) of the act shall demonstrate, through certificates of completion, official transcript provided directly from the educational institution, or correspondence from the practitioner’s instructor, that the practitioner completed at least 100 hours of instruction in massage and related subjects and passed the NESL option of the NCBTMB.

(g) Existing practitioners applying for licensure under section 5(b)(3)(v) of the act shall demonstrate, through certificates of completion, official transcript provided directly from educational institution, or correspondence from the practitioner’s instructor, that the practitioner completed at least 100 hours of instruction in massage and related subjects and passed the MBLEx.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.25 Additional application requirements for applicants for licensure by reciprocity.

(a) An applicant for licensure by reciprocity shall submit an application form provided by the Board and information required under § 20.21(b)(1)—(3) and (c) (relating to application for temporary practice permit, initial licensure and licensure by reciprocity), and shall be subject to the provisions of § 20.21(d) and (e).

(b) An applicant for licensure by reciprocity shall have the official licensing authority of every jurisdiction in which the applicant holds a license to practice massage therapy provide the Board with verification that the applicant is a licensee in good standing and documentation of any disciplinary action taken by the jurisdiction’s licensing authority.

(c) An applicant for licensure by reciprocity shall request that the applicant’s massage therapy school provide the Board with the applicant’s official transcript and verification that the school is recognized by the jurisdiction’s licensing authority, accredited by a National accrediting organization, or authorized to operate by the jurisdiction’s Department of Education.

(d) An applicant for licensure by reciprocity shall provide evidence that the applicant passed the MBLEx, the NCETM, NCETMB or successfully completed the NESL option, or evidence that the applicant obtained original licensure through qualifications equivalent to those for existing practitioners under section 5(b) of the act (63 P. S. § 627.5(b)).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.26 Application requirements for temporary practice permits.

(a) An applicant for a temporary practice permit shall submit an application form provided by the Board.

(b) In addition to the completed application form, an applicant for a temporary practice permit shall comply with the application procedures under § 20.21(b)(1)—(3) and (c) (relating to application for temporary practice permit, initial licensure and licensure by reciprocity), and shall be subject to the provisions of § 20.21(d) and (e).

(c) A temporary practice permit will expire on the earlier of 6 months from the date of issuance or on the date the candidate fails the licensure examination.

(d) Individuals who have been issued a temporary practice permit will be considered licensees for purposes of applying section 9 of the act, pertaining to refusal, suspension and revocation of licenses.

(e) Individuals who have been issued a temporary practice permit may not hold themselves out as a licensed massage therapist, use the initials L.M.T. or advertise their practice of massage therapy.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.31 Expiration, renewal and reactivation of license.

(a) Expiration of license. Licenses expire on January 31 of each odd-numbered year beginning in 2013, regardless of the date of issuance. Licenses are renewable for a 2-year period beginning each October 31 of each even-numbered year beginning in 2012.

(b) Practice prohibited. A licensee may not practice massage therapy in this Commonwealth after the last day of January of the renewal year unless the license has been renewed.

(1) Apply for licensure renewal online or on the form provided by the Board.

(2) Pay the biennial renewal fee as set forth in § 20.3 (relating to fees).

(3) Submit proof of current certification in CPR.

(4) Submit verification of completion of at least 24 hours of Board-approved continuing education.

(5) Submit verification that the licensee has read, understood and will comply with the act and this chapter.

(d) Reporting requirements.

(1) Disclosure of licensure or discipline in another jurisdiction. A licensee who becomes licensed to practice massage therapy in another jurisdiction shall report this information on the biennial renewal form or within 90 days of licensure, whichever occurs sooner. Disciplinary action taken in another jurisdiction shall be reported to the Board on the biennial renewal form or within 90 days, whichever is sooner.

(2) Disclosure of the filing of formal criminal charges (information or indictment). A licensee shall report, on the biennial renewal form or within 30 days, whichever occurs sooner, the filing of any criminal charges, the licensee’s sentencing on any criminal charges or the licensee’s admission into an accelerated rehabilitative disposition program.

(e) Licensure documentation. Upon renewing a license, a licensee will receive an updated license and wallet-size card that will show the next expiration date of the license. A licensee who renews online may print a temporary license that may be used until the biennial license is received.

(f) Inactive status. A license may be placed on inactive status by the licensee notifying the Board during the online renewal process or in a notarized statement that the licensee wishes to have the license marked inactive. The licensee shall immediately return all licensure documents to the Board and may not practice massage therapy in this Commonwealth until the licensee’s license is reactivated and renewed.

(g) Reactivation. The holder of an inactive or expired license to practice massage therapy may reactivate and renew the license within 5 years from the date of its expiration by submitting:

(1) An application to the Board.

(2) Payment of the current biennial renewal fee as set forth in § 20.3.

(3) Certificates of attendance at continuing education courses required under § 20.32 (relating to continuing education hours; maintenance of certificates of completion) for the previous biennial renewal period.

(4) Current CPR certification.

(5) An affidavit of nonpractice within this Commonwealth.

(h) Late fees. A licensee who practiced massage therapy on an inactive or expired license will be subject to late fees as prescribed by the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. § § 1401-101—1401-501) upon renewal.

(i) Disciplinary action authorized. A licensee who practiced massage therapy on an inactive or expired license may be subject to discipline by the Board under section 9(a)(7) of the act.

(j) Demonstration of competence after 5 years. The holder of an inactive or expired license to practice massage therapy will not be reactivated and renewed if more than 5 years have passed from the date of the license expiration unless the licensee has demonstrated current competence to practice. To demonstrate current competence to practice, a licensee must either prove continuous active practice in another jurisdiction during the past 5 years or achieve a passing score on a licensure examination approved for entry into practice in this Commonwealth.

This section cited in 49 Pa. Code § 43b.23a (relating to schedule of civil penalties—massage therapists).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.32 Continuing education hours, maintenance of certificates of completion.

(a) Licensees shall complete a minimum of 24 hours of continuing education in the field of massage therapy as set forth in section 4(6) of the act (63 P.S. § 627.4(6)) and § 20.33 (related to continuing education content and providers) in the 2-year period immediately preceding the application for license renewal. To be creditable, continuing education must meet the requirements for Board approval set forth in this section and § 20.33.

(b) Licensees shall complete a minimum of 4 hours of continuing education in professional ethics in each biennial renewal period.

(d) Courses for the renewal of the licensee’s CPR certification shall be earned through contact hours and may not be used to meet the biennial continuing education requirement.

(e) Licensees shall retain the certificates of completion from continuing education courses for a minimum of 5 years.

(f) A licensee who is unable to complete the required continuing education shall request a waiver or extension from the Board at least 60 days prior to the expiration of the license. The request must include details about the licensee’s illness, emergency or hardship, including documentation such as a letter from the licensee’s physician or a copy of the licensee’s military orders. The Board will respond in writing either granting or denying a request for waiver or extension.

(g) Licensees may be audited to ensure their compliance with the continuing education requirements.

This section cited in 49 Pa. Code § 20.31 (relating to expiration, renewal and reactivation of license); and 49 Pa. Code § 43b.23a (relating to schedule of civil penalties—massage therapists).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.33 Continuing education content and providers.

(a) Continuing education must be designed to advance the licensee’s professional knowledge and skills related to the practice of massage therapy as defined in section 2 of the act (63 P.S. § 627.2).

(b) The following continuing education providers are approved to offer creditable continuing education provided they comply with subsections (a), (c) and (d):

(1) Schools of massage therapy in this Commonwealth operating under section 5(a)(3) of the act (63 P.S. § 627.5(a)(3)).

(2) Schools of massage therapy approved by the Board or accredited by a National accrediting agency recognized by the United States Department of Education.

(3) The American Massage Therapy Association and its state chapters.

(4) NCBTMB-approved providers.

(5) Associated Bodywork and Massage Professionals.

(c) Continuing education providers shall provide certificates of completion to massage therapists that include the name of the massage therapist, name of the course provider, title of the course, date of the course, and number of hours.

(d) Continuing education providers shall retain documentation of the participants in their continuing education programs for at least 5 years.

(e) Providers of continuing education who are not listed in subsection (b) may apply to the Board for approval of a continuing education course by submitting an application and paying the application fee under § 20.3 (relating to fees). The Board will approve only courses that are designed to advance the knowledge and skills of licensees relative to massage therapy as defined in section 2 of the act and that are taught by approved faculty. Approved faculty include massage therapists licensed in the state in which they practice if licensure is required in that state, physical therapists, physicians, professional nurses and chiropractors. Other instructors with demonstrated expertise may be approved on a case-by-case basis. Course approval is valid for 2 years from the date the course is first given for credit provided the faculty and learning objectives are unchanged.

(f) An L.M.T. may submit a course offered by a continuing education provider not listed in subsection (b) by filing an application with the Board for approval of a continuing education course and paying the application fee set forth in § 20.3. The Board will approve only courses that are designed to advance the knowledge and skills of licensees relative to massage therapy as defined in section 2 of the act and that are taught by approved faculty, as set forth in subsection (e).

(g) The Board reserves the right to reject a continuing education course submitted by a massage therapist who is audited for compliance if the course is outside the scope of practice of massage therapy as defined in the act. A licensee will be notified of the rejection of a course and will be provided the opportunity to apply additional courses the licensee has taken or to take additional courses to meet the continuing education requirement.

This section cited in 49 Pa. Code § 20.32 (relating to continuing education hours, maintenance of certificates of completion).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.34 Penalty for failure to complete continuing education.

Applicants for license renewal shall provide, on forms provided by the Board, a signed statement verifying whether continuing education requirements have been met. Failure to complete a minimum of 24 hours of continuing education in a biennial period may subject a licensee to discipline under section 9(a)(7) of the act (63 P. S. § 627.9(a)(7)) in accordance with the schedule of civil penalties at § 43b.23 (relating to schedule of civil penalties—massage therapists).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.41 Scope of practice.

(a) Massage therapists apply a system of structured touch, pressure, movement, holding and treatment of the soft tissue manifestations of the human body in which the primary intent is to enhance the health and well-being of the client. Massage therapy includes:

(1) The external application of water, heat, cold, lubricants and other topical preparations.

(2) Lymphatic techniques.

(3) Myofascial release techniques.

(4) The use of electro-mechanical devices which mimic or enhance the action of the massage techniques.

(b) Massage therapy practice does not include:

(1) The diagnosis or treatment of impairment, illness, disease or disability.

(2) Medical procedures.

(3) Chiropractic manipulation—adjustment.

(4) Physical therapy mobilization—manual therapy.

(5) Therapeutic exercise.

(6) Ordering or prescribing drugs or treatments for which a license to practice medicine, osteopathic medicine, nursing, podiatry, optometry, chiropractic, physical therapy, occupational therapy, or other healing art is required.

(7) The application of high velocity/low amplitude force further defined as thrust techniques directed toward joint surfaces.

(8) The use of equipment or devices that require a prescription (for example, ultrasound, diathermy or electrical neuromuscular stimulation).

(c) Licensure under the act may not be construed as requiring new or additional third-party reimbursement or otherwise mandating coverage under 75 Pa.C.S. Chapter 17 (relating to financial responsibility) or the Workers’ Compensation Act (77 P. S. § § 1—1041.4 and 2501—2506).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.42 Standards of professional conduct.

(a) A massage therapist shall:

(1) Maintain current knowledge of the application of massage therapy, including indications, contraindications and precautions.

(2) Undertake a specific technique or use a product or equipment only if the massage therapist has the necessary knowledge, training or skill to competently execute the technique.

(3) Base decisions and actions on behalf of a client on sound ethical reasoning and current principles of practice.

(4) Provide treatment only where there is an expectation that it will be advantageous to the client.

(5) Refer to an appropriate health care professional when indicated in the interest of the client.

(6) Discuss with clients which massage therapy modalities and techniques will be utilized and the benefits of these modalities and techniques, the objectives, and that participation is voluntary and that consent to treatment or participation may be withdrawn at any time.

(7) Obtain written consent prior to performing breast massage.

(8) Modify or terminate the massage therapy session at any time upon request of the client.

(9) Keep client information private and confidential. This standard does not prohibit or affect reporting mandated under State or Federal law to protect children, older adults, or others.

(10) Use safe and functional coverage/draping practices during the practice of massage therapy when the client is disrobed. Safe and functional coverage/draping means that the client’s genitals and gluteal cleft and the breast area of female clients are not exposed and that massage or movement of the body does not expose genitals, gluteal cleft or breast area. With voluntary and informed consent of the client, the gluteal and breast drapes may be temporarily moved in order to perform treatment of the area.

(11) Act to safeguard clients from incompetent, abusive or illegal practices of other massage therapists or caregivers.

(12) Continuously maintain current CPR certification.

(13) Be clean, fully-clothed and professional in dress and appearance.

(14) Display the massage therapist’s current license with expiration date in a location clearly visible to clients or, when practicing offsite, display the massage therapist’s wallet card.

(15) Include the massage therapist’s license number in all advertisements.

(16) Conspicuously display the massage therapist’s name and the title L.M.T. or the words ‘‘Licensed Massage Therapist’’ on an identification badge or directly on clothing worn in the public areas where massage therapy services are being provided.

(17) Cooperate with the Board, the Department of State or the Bureau of Enforcement and Investigation in the investigation of complaints filed under the act.

(18) Provide massage therapy records immediately upon demand of the Board or its authorized agents.

(19) Maintain massage therapy records for at least 3 years from the last date that services were provided to the client.

(20) Educate clients about maintaining the beneficial effects of massage therapy treatment when indicated by a massage therapy treatment plan.

(21) Obtain the written permission of a parent or guardian, or their representative, prior to providing massage therapy services to a minor.

(22) Require that a parent or guardian, or their representative, be physically present in the room during treatment of a minor.

(b) A massage therapist may not:

(1) Psychologically or physically abuse a client.

(2) Violate a client’s boundaries with regard to exposure, privacy or disclosure.

(3) Utilize techniques that are contraindicated based on the client’s condition.

(4) Falsify or knowingly make incorrect entries into the client’s record or other related documents.

(5) Intentionally expose a client’s genitals, gluteal cleft or the breasts of a female client except temporarily to perform therapeutic treatment of the area.

(6) Engage in sexual harassment, sexual impropriety, sexual violation or sexual abuse.

(7) Engage in sexual intimacies during the professional relationship.

(8) Perform or offer to perform any services for clients other than those connected with giving massage therapy treatments as defined in section 2 of the act (63 P.S. § 627.2), unless the massage therapist has additional training and licensure, if required, to perform those services.

(9) Knowingly permit another individual to use the massage therapist’s license or temporary permit for any purpose.

(10) Knowingly aid, abet or assist another person to violate or circumvent a law or this chapter.

(11) Misappropriate equipment, materials, property or money from an employer or client.

(12) Refuse a client’s request for a refund for the unearned portion of prepaid or packaged massage therapy services. This provision does not apply to gift certificate purchases.

This section cited in 49 Pa. Code § 20.13 (relating to required knowledge base); and 49 Pa. Code § 43b.23a (relating to schedule of civil penalties—massage therapists).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.43 Disciplinary procedures.

(a) A massage therapist whose conduct constitutes a sexual violation or sexual abuse is subject to immediate temporary suspension in accordance with section 9(d) of the act (63 P.S. § 627.9(d)).

(b) The consent of an individual to engage in conduct defined herein as sexual harassment, sexual impropriety, sexual violation or sexual abuse with a massage therapist is not a defense in any disciplinary action brought under this section.

(c) With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of a client is admissible in a disciplinary action brought under this section.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.51 Massage therapy treatment areas.

Massage therapists shall maintain their treatment spaces to:

(1) Provide for client privacy when clients disrobe.

(2) Provide for heating, cooling and ventilation to enhance client comfort.

(3) Provide illumination for cleaning.

(4) Be clean, sanitary and free from mold and contaminants.

(5) Ensure client safety.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.52 Massage therapy equipment.

(a) Massage therapists shall maintain equipment used in the practice of massage therapy in working order.

(b) Massage therapists shall clean equipment that comes into direct contact with a client’s skin between each use.

(c) Massage therapists shall cover with impervious material and regularly clean cushions on massage tables and massage chairs, as well as bolsters and pillows.

(d) Massage therapists shall clean face rests, whether covered or uncovered, between each use.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.53 Topical preparations.

(a) Massage therapists shall store topical preparations in a manner that maintains the integrity of the product and prevents spoilage and contamination.

(b) Massage therapists shall dispense topical preparations in a manner that prevents contamination of the unused portion and that prevents cross-contamination between clients.

(c) Massage therapists shall use topical preparations that come into contact with a client, such as ice cubes, plasters, herbs, seaweed, muds, scrubs, paraffin or any other similar products only once and shall then dispose of the topical preparations in a sanitary manner. Preparations that are not washed away must be placed in a covered receptacle that is emptied at least daily.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.54 Linens.

(a) Massage therapists shall store single-service materials, including clean linens, in a manner that maintains their cleanliness.

(b) Massage therapists shall furnish clean and fresh for the use of each individual client single-service materials, linens and any other items, materials or tools that come into contact with a client’s body.

(d) Massage therapists shall wash soiled linens in a clothes washing machine in hot water with detergent and bleach after every use.

Sec.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.61 Definitions

The following words and terms, when used in this section and § 20.62 (relating to practice of massage therapy in cosmetology or esthetician salons), have the following meanings, unless the context clearly indicates otherwise: Cosmetology Law—The act of May 3, 1933 (P.L. 242, No. 86) (63 P.S. § § 507—527). Salon—A cosmetology salon or esthetician salon licensed by the State Board of Cosmetology in accordance with the Cosmetology Law.

The provisions of this § 20.61 added under section 9.3 of the Cosmetology Law (63 P.S. § 515.3).

The provisions of this § 20.61 added January 17, 2025, effective January 18, 2025, 55 Pa.B. 454.

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

49 Pa. Code § 20.62 Practice of massage therapy in cosmetology or esthetician salons.

(a) A massage therapist licensed under the act is permitted to practice massage therapy within the approved premises of a salon if all of the following conditions are met:

(1) The massage therapist is the owner of or employed by the salon and is not an independent contractor.

(2) The salon owner provides an appropriate level of privacy for clients in accordance with all of the following:

(A) Massage therapy services of the scalp, face, arms or hands, or the upper part of the body.

(B) Massage therapy services of the feet or the lower legs of an individual up to the individual’s knee.

(A) The size of the separate massage therapy room must be a minimum of 90 square feet.

(B) The massage therapist may store linens or other supplies in the separate room provided or in the salon in a space designated by the salon owner.

(C) Esthetician services may be provided to a client in the same room where the client receives massage therapy, provided these services are not performed concurrently.

(b) A massage therapist providing massage therapy services within the approved premises of a salon shall practice in accordance with this chapter, the act and the Cosmetology Law.

(c) A massage therapist providing massage therapy services within the approved premises of a salon is subject to inspection by the State Board of Cosmetology and the board.

(d) A massage therapist providing massage therapy services within the approved premises of a salon who violates this section, the act or the Cosmetology Law is subject to discipline by the board.

The provisions of this § 20.61 added under section 9.3 of the Cosmetology Law (63 P.S. § 515.3).

The provisions of this § 20.61 added January 17, 2025, effective January 18, 2025, 55 Pa.B. 454.

This section cited in 49 Pa. Code § 20.61 (relating to definitions).

History

Authority: The provisions of this Chapter 20 issued under the Massage Therapy Law (63 P.
Source: The provisions of this Chapter 20 adopted December 31, 2010, effective January 1, 2011, 41 Pa.

Chapter 23 State Board of Optometry

49 Pa. Code § 23.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Optometric Practice and Licensure Act (63 P.S. § § 244.1—244.12). Board—The State Board of Optometry of the Commonwealth. Bodily injury—Impairment of physical condition or substantial pain. Bureau—The Bureau of Professional and Occupational Affairs within the Department of State of the Commonwealth. Child—An individual under 18 years of age. Child abuse—Intentionally, knowingly or recklessly doing any of the following:

(i) Causing bodily injury to a child through any recent act or failure to act.

(iii) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of these acts or failures to act.

(iv) Causing sexual abuse or exploitation of a child through any act or failure to act.

(v) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.

(vi) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.

(vii) Causing serious physical neglect of a child.

(viii) Engaging in any of the following recent acts:

(A) Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child.

(B) Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.

(D) Forcefully slapping or otherwise striking a child under 1 year of age.

(E) Interfering with the breathing of a child.

(G) Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known:

(I) Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders), when the victim of the sexual offense was under 18 years of age when the crime was committed.

(II) Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors.

(III) Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions).

(IV) Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration).

(ix) Causing the death of the child through any act or failure to act.

(i) Correct vision conditions.

(ii) Act as a diagnostic or therapeutic device.

(iii) Provide a cosmetic or decorative effect. Continuing education hour—Fifty minutes of continuing education. Continuing education program—A group, self-study, correspondence or other program approved by the Board for which continuing education hours are given. Inactive status—The status of not having one’s license currently registered. Mandated reporter—A person who is required under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse) to make a report of suspected child abuse. For the purposes of this chapter, the term includes all licensed optometrists. NBEO—The National Board of Examiners in Optometry. National Board Examination—A written academic examination developed, prepared, administered and scored by the NBEO, which the Board adopts as the National uniform written examination for licensure. Parent—A biological parent, adoptive parent or legal guardian. Perpetrator—A person who has committed child abuse as defined in this section. The following apply:

(i) This term includes only the following:

(A) A parent of the child.

(B) A spouse or former spouse of the child’s parent.

(E) An individual 14 years of age or older who resides in the same home as the child.

(F) An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child.

(ii) Only the following may be considered a perpetrator for failing to act, as provided in this section:

(A) A parent of the child.

(B) A spouse or former spouse of the child’s parent.

(D) A person responsible for the child’s welfare who is 18 years of age or older.

(E) A person 18 years of age or older who resides in the same home as the child. Person responsible for the child’s welfare—A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. Program, activity or service—Any of the following in which children participate and which is sponsored by a school or a public or private organization:

(i) A youth camp or program.

(ii) A recreational camp or program.

(iii) A sports or athletic program.

(iv) A community or social outreach program.

(v) An enrichment or educational program.

(vi) A troop, club or similar organization. Recent act or failure to act—An act or failure to act committed within 2 years of the date of the report to the Department of Human Services or county agency. Retired practitioner—One who is no longer engaged in the practice of optometry as defined in section 2 of the act (63 P.S. § 244.2; see definition of ‘‘practice of optometry’’). Serious mental injury—A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following: