INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [34 Pa.B. 536] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, January 8, 2004, and announced the following:
Regulation Approved
Department of Health #10-174: Out-of-Hospital Do-Not-Resuscitate Orders (amends 28 Pa. Code Chapters 1001, 1003, 1005, 1007 and 1051)
____ Approval Order Public Meeting held
January 8, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Health--Out-of-Hospital Do-Not-Resuscitate Orders; Regulation No. 10-174
On August 26, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 1001, 1003, 1005, 1007 and 1051. The proposed regulation was published in the September 6, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 5, 2003.
This regulation implements Act 59 of 2002 which amended the Advance Directive for Health Care Act to instruct emergency medical services providers to follow procedures for implementing an out-of-hospital do-not-resuscitate (DNR) order. An out-of-hospital DNR order issued under Act 59 of 2002 directs that cardiopulmonary resuscitation will not be provided to an eligible patient who goes into cardiac or respiratory arrest. This regulation will replace the interim regulation the Department established under Act 59 of 2002.
We have determined this regulation is consistent with the statutory authority of the Department (Act 59 of 2002, Section 6) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 04-155. Filed for public inspection January 23, 2004, 9:00 a.m.]
