INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [32 Pa.B. 477] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, January 10, 2002, and took the following actions:
Regulations Approved
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-694: Licensure (amends 49 Pa. Code Chapter 47 and adds Chapters 48 and 49)
Department of Public Welfare #14-473: Changes in Payment Methodology for Movable Property and Exceptional Payment for Nursing Facility Services (amends 55 Pa. Code Chapter 1187)
State Board of Podiatry #16A-444: Fees (amends 49 Pa. Code Chapter 29)
State Board of Pharmacy #16A-549: Reference Libraries; Facsimile Machines (amends 49 Pa. Code Chapter 27)
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Approval Order Public Meeting held
January 10, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--Licensure; Regulation No.16A-694 On March 13, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code Chapter 47 and adds Chapters 48 and 49. The proposed regulation was published in the March 24, 2001 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 27, 2001. The Board withdrew the regulation on December 14, 2001. The final-form regulation was resubmitted on December 18, 2001.
Act 136 of 1998 (Act 136) established licensure standards for three previously unlicensed professions: clinical social workers, professional counselors and marriage and family therapists. This regulation implements the licensure requirements of Act 136. The regulation sets forth procedures and education, examination and experience requirements for licensure in these three professions.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1906(1) and (2)) 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.
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Approval Order Public Meeting held
January 10, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Department of Public Welfare--Changes in Payment Methodology for Movable Property and Exceptional Payment for Nursing Facility Services; Regulation No. 14-473 On December 12, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 1187. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation changes the methodology for reporting of and payment for movable property under the case-mix system. The Department will now be able to make additional payments to nursing facilities for medically necessary durable medical equipment when the cost of such equipment exceeds what is normally covered by Medical Assistance.
We have determined this regulation is consistent with the statutory authority of the Department of Public Welfare (62 P. S. §§ 201 and 443.1) 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.
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Approval Order Public Meeting held
January 10, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III
State Board of Podiatry--Fees; Regulation No. 16A-444 On March 23, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Podiatry (Board). This rulemaking amends 49 Pa. Code Chapter 29. The proposed regulation was published in the April 7, 2001 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 6, 2001.
The Board is required to establish fees that cover expenditures over a biennial period. Some Board-collected fees have been changed to address these expenditures. The Board is also changing the collection practice of one fee and adding another, based on changes in administrative practice.
We have determined this regulation is consistent with the statutory authority of the State Board of Podiatry (63 P. S. § 42.14(a)) 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.
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Approval Order Public Meeting held
January 10, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III
State Board of Pharmacy--Reference Libraries; Facsimile Machines--Regulation No. 16A-549 On May 2, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code Chapter 27. The proposed regulation was published in the May 12, 2001 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 6, 2001.
This regulation reduces the mandated size of a pharmacy's reference library, and allows a pharmacist to fill prescriptions for all Schedule II controlled narcotic substances received by fax machine for hospice patients, without reviewing the original prescription.
We have determined this regulation is consistent with the statutory authority of the State Board of Pharmacy (63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9)) 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. 02-151. Filed for public inspection January 25, 2002, 9:00 a.m.]
