reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter E - MINIMUM STANDARDS OF PRACTICE › Section 5.52 - Approved scientific instruments of analysis and diagnostic imaging procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Scientific instruments of analysis approved by the Board may include any
					 scientific instrument of analysis which the licensee has been taught to use in
					 an accredited college, through postgraduate education or through continuing
					 education approved by the Board.
(b) Diagnostic imaging procedures approved by
					 the Board may include the exposing, processing and interpreting of an x-ray or
					 other diagnostic imaging which the licensee has been taught to expose, process
					 or interpret in an accredited college, through postgraduate education or
					 through continuing education approved by the Board.
(c) A scientific instrument of analysis may
					 be utilized and a radiologic or other diagnostic imaging procedure may be
					 performed only by a licensee who has been trained to utilize the instrument or
					 perform the procedure as part of professional education in an accredited
					 college, through postgraduate education or through continuing education
					 approved by the Board. A licensee who has not received this training may not
					 utilize the instrument or perform the procedure, but may refer the patient to a
					 health care provider authorized under Pennsylvania law to utilize the
					 instrument or perform the procedure.
The provisions of this §
													5.52 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter E - MINIMUM STANDARDS OF PRACTICE › Section 5.53 - Radiological procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee may not perform radiological procedures on a patient unless the
					 licensee determines clinical need.
(b) An offer or advertising of free x-rays to
					 actual or potential patients shall be accompanied by a statement that x-rays
					 will be given only when necessary or that to avoid needless health hazards
					 associated with ionizing radiation no x-ray will be given unless there is a
					 prior observable clinical need, or by a similar disclaimer.
(c) The licensee shall avoid split screen
					 radiological techniques or other mechanisms which compensate for tissue
					 thickness by altering the screens or the light emissions from the screens, such
					 as the occluding of one of the screens of the cassette.
(d) A licensee may not perform radiological
					 procedures on a pregnant patient unless the licensee determines that the
					 patient's symptoms are of such significance that the proper treatment of the
					 patient might be jeopardized without the use of the radiological
					 procedures.
(e) A licensee may not
					 perform radiological procedures without the use of appropriate compensating
					 filters, gonad shielding and collimation, except where the gonad shielding and
					 collimation would exclude or obscure an area from examination which is
					 clinically necessary for the licensee to examine.
The provisions of this §
													5.53 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
This section cited in 49 Pa. Code §
													5.31 (relating to professional
						  advertising).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter F - PERFORMANCE OF RADIOLOGICAL PROCEDURES BY AUXILIARY PERSONNEL › Section 5.61 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
ACRRT
-The American Chiropractic Registry
						of Radiologic Technologists.
ARRT
-The American Registry of Radiologic
						Technologists.
Auxiliary personnel
-A person other than
						a physician, dentist, podiatrist or chiropractor.
Direct supervision
-aintenance of control
						over the performance of a radiological procedure by personally authorizing the
						performance of the procedure only under specific instructions and monitoring
						the performance of the procedure to ensure compliance with the
						instructions.
Ionizing radiation
-Gamma rays and
						x-rays; alpha and beta particles, high-speed electrons, neutrons, protons and
						other nuclear particles. The term does not include ultrasound, sound or radio
						waves or visible, infrared or ultraviolet light.
Premises of a licensee
-A location at
						which a licensee practices chiropractic, other than a health care facility
						regulated by the Department of Health, Department of Public Welfare or the
						Federal government.
Radiological procedure
-A diagnostic
						imaging procedure that utilizes ionizing radiation.
The provisions of this §
													5.61 issued under section 522 of
						  the Chiropractic Practice Act (63 P. S. §
														625.522).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter F - PERFORMANCE OF RADIOLOGICAL PROCEDURES BY AUXILIARY PERSONNEL › Section 5.62 - Auxiliary personnel who may perform radiological procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Auxiliary personnel who have passed an examination in
						radiological procedures approved by the Board, the State Board of Medicine or
						the State Board of Osteopathic Medicine as determined by the relevant Board, or
						an examination in radiography of ARRT or ACRRT, as determined by ARRT or ACRRT,
						may apply ionizing radiation to patients for diagnostic purposes on the
						premises of a licensee under the direct supervision of the licensee. The
						licensee is not required to personally observe performance of the procedure but
						shall be on the premises when an x-ray is taken.
The provisions of this §
													5.62 issued under section 522 of
						  the Chiropractic Practice Act (63 P. S. §
														625.522).
This section cited in 49 Pa. Code §
													5.81 (relating to unprofessional
						  and immoral conduct).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter F - PERFORMANCE OF RADIOLOGICAL PROCEDURES BY AUXILIARY PERSONNEL › Section 5.63 - Application for examination

Current through Register Vol. 54, No. 28, July 13, 2024
Applications by auxiliary personnel for the examination
						in radiological procedures approved by the Board shall be submitted directly to
						the testing service, with the required fee set by the testing
						service.
The provisions of this §
													5.63 issued under section 522 of
						  the Chiropractic Practice Act (63 P.S. §
														625.522); amended under section 302(3) of the
						  Chiropractic Practice Act (63 P.S. §
														625.302(3).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter F - PERFORMANCE OF RADIOLOGICAL PROCEDURES BY AUXILIARY PERSONNEL › Section 5.64 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.71 - Institutions and organizations eligible to conduct continuing education courses; faculty

Current through Register Vol. 54, No. 28, July 13, 2024
Chiropractic continuing education courses may be
						conducted or sponsored by an approved chiropractic college or by an individual
						or chiropractic association or organization. Course instructors shall be
						faculty members of an approved chiropractic college or certified by an approved
						chiropractic college as qualified to teach the course.
The provisions of this §
													5.71 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.72 - Length of time of continuing education courses

Current through Register Vol. 54, No. 28, July 13, 2024
Continuing education courses will be approved for
						continuing education credit at the rate of 1 credit hour per 50 minutes of
						applicable instruction, exclusive of coffee breaks, lunches, visits to
						exhibits, and the like.
The provisions of this §
													5.72 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.73 - Application for approval of continuing education courses; attendance certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Providers of continuing education courses shall submit applications for course
					 approval with the required fee to the Board at least 90 days prior to the
					 scheduled date of the program. Prior to Board approval, a course may not be
					 advertised as approved for continuing education required for biennial
					 registration in an announcement or publication.
(b) An application for course approval shall
					 include the following information:
(1) The
					 full name and address of the approved chiropractic college, individual,
					 chiropractic organization or chiropractic association conducting or sponsoring
					 the course.
(2) The title of the
					 course.
(3) The date and location
					 of the course.
(4) The name, title,
					 affiliation and professional background of each course instructor and
					 certification by an approved chiropractic college that the instructor is a
					 faculty member of the chiropractic college or recognized by the chiropractic
					 college as qualified to teach the course.
(5) A detailed outline of the course which
					 includes a brief description of the subject matter to be presented and the
					 order of presentation.
(6) The
					 total number of credit hours included in the program, excluding coffee breaks,
					 lunches, visits to exhibits, and the like.
(7) The signature and title of the individual
					 designated by the provider to authenticate attendance at the course.
(8) The name and address of the person
					 designated by the sponsor to receive the official notification of the action of
					 the Board upon the application for course approval.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.74 - Compilation of official attendance list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provider of a continuing education
					 program is responsible for designating an authorized representative to
					 authenticate attendance and compile an official list of Pennsylvania licensees
					 in attendance at the program.
(b)
					 The authorized representative is responsible for submitting an official
					 attendance list to the Board's administrative office within 30 days following
					 the final day of the program.
The provisions of this §
													5.74 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.75 - Certification of continuing education credit hours; maintenance of attendance certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee who is practicing in this Commonwealth shall certify on a form
					 supplied by the Board by the expiration of the biennial registration period
					 that the licensee has satisfied continuing education requirements. The
					 following information shall be included on the form:
(1) The dates of the courses
					 attended.
(2) The credit hours
					 claimed.
(3) The title of the
					 courses attended and a brief description of the content.
(4) The name and address of the providers of
					 the courses attended.
(5) The
					 location of the courses attended.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.76 - Waiver or exceptions to continuing education requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may
					 grant a waiver of all or a portion of the continuing education required for
					 biennial registration in cases of emergency, illness or undue hardship. A
					 licensee requesting a waiver from the Board shall state, in writing, the
					 reasons why the licensee is unable to comply with continuing education
					 requirements. Before making a determination, the Board may require a personal
					 appearance by the licensee. If the Board finds probable cause that the licensee
					 is unable to practice with reasonable skill and safety to patients because of
					 the same condition for which he is granted a waiver, the Board may, after
					 notice and hearing, suspend or revoke the license or place restrictions on the
					 license limiting the scope of the licensee's practice, in accordance with
					 section 506(a)(8) and (b) of the act (63 P. S. §
												625.506(a)(8) and
					 (b)).
(b) The Board may grant approval for courses
					 which have met all of the academic requirements established by the act and this
					 chapter, despite a procedural defect in the approval process, when a licensee
					 requests an exception, in writing, setting forth that the procedural defects
					 are beyond his control as well as reasons why failure to approve the course
					 would create a hardship for the licensee.
The provisions of this §
													5.76 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter G - CONTINUING EDUCATION › Section 5.78 - Falsification of information

Current through Register Vol. 54, No. 28, July 13, 2024
Falsification by a licensee of information required under
						this subchapter may result in disciplinary sanctions issued against the
						licensee. Falsification by a course provider of information required under this
						subchapter may result in the withdrawal of course approval.
The provisions of this §
													5.78 issued under section 302 of
						  the Chiropractic Practice Act (63 P. S. §
														625.302).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.91 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
(1) Under
					 23 Pa.C.S. §
													6311
					 (relating to persons required to report suspected child abuse), licensed
					 chiropractors 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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.92 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A chiropractor required to report suspected child abuse
						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
						§
											5.91(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. §
												6340(a)(9) or
						(10) (relating to release of information in
						confidential reports).
This section cited in 49 Pa. Code §
													5.95 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													5.96 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.93 - Suspected death as a result of child abuse-mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A chiropractor 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.
This section cited in 49 Pa. Code §
													5.95 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													5.96 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.94 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 23 Pa.C.S. §
												6318
					 (relating to immunity from liability) a chiropractor 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 chiropractor-s
					 actions. For the purpose of any civil or criminal proceeding, the good faith of
					 the chiropractor shall be presumed.
(b) The Board will uphold the same good faith
					 presumption in any disciplinary proceeding that might result by reason of a
					 chiropractor-s actions under §§
											5.91-5.93 (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).
This section cited in 49 Pa. Code §
													5.95 (relating to
						  confidentiality-waived).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.95 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											5.91-5.94 take precedence over the
						provisions of any 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 patient 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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.96 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A chiropractor who willfully fails to
					 comply with the reporting requirements in §§
											5.91-5.93 (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 506(a)(9) and (13) of the act (63 P.S. §§
												625.506(a)(9) and
					 (13)).
(b)
Criminal penalties.
Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a chiropractor 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:
(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 an
					 individual suspected of child abuse continues while the mandated reporter knows
					 or has reasonable cause to suspect that 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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter I - CHILD ABUSE REPORTING REQUIREMENTS › Section 5.98 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(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, 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_course_app@ pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › GENERAL PROVISIONS › Section 6.1 - Findings and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › GENERAL PROVISIONS › Section 6.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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.
(C) A wheel-mounted crane of both truck and
					 self-propelled wheel type.
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › GENERAL PROVISIONS › Section 6.3 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › GENERAL PROVISIONS › Section 6.4 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(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)).
This section cited in 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).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE › Section 6.11 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(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."
(c) To qualify as a candidate for licensure,
					 the applicant shall:
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE › Section 6.12 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE › Section 6.13 - Qualifications and supervision of trainees

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE › Section 6.14 - Specialties

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE › Section 6.15 - Licensure of a crane operator from another jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE WITHOUT CERTIFICATION › Section 6.21 - Licensure without certification generally

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE WITHOUT CERTIFICATION › Section 6.22 - Licensure without certification by practical examination

Current through Register Vol. 54, No. 28, July 13, 2024
(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 a practical examination administered by NCCCO.
(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).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › LICENSURE WITHOUT CERTIFICATION › Section 6.23 - Licensure without certification by experience

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › RENEWAL OF LICENSE › Section 6.31 - Duration of license

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › RENEWAL OF LICENSE › Section 6.32 - Renewal of license

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › RENEWAL OF LICENSE › Section 6.33 - Initiating and terminating inactive status

Current through Register Vol. 54, No. 28, July 13, 2024
(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.