INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [46 Pa.B. 6195]
[Saturday, October 1, 2016]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, September 15, 2016, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective September 14, 2016
Bureau of Professional and Occupational Affairs # 16A-6516: Schedule of Civil Penalties—Physical Therapists and Physical Therapist Assistants (amends 49 Pa. Code, Chapter 43b)
Action Taken—Regulation Approved:
Department of Community and Economic Development # 4-95: Industrial Housing and Components (amends 12 Pa. Code Chapter 145)
State Board of Physical Therapy # 16A-6515: Continuing Education Enforcement (amends 49 Pa. Code Sections 40.67 and 40.192)
State Board of Medicine # 16A-4943: Prosthetists, Orthotists, Pedorthists and Orthotic Fitters (amends 49 Pa. Code Sections 16.11, 16.13 and 18.801—18.864)
____ Approval Order Public Meeting Held
September 15, 2016Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Community and Economic Development
Industrial Housing and Components
Regulation No. 4-95 (# 3063)On July 2, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Community and Economic Development (Department). This rulemaking amends 12 Pa. Code Chapter 145. The proposed regulation was published in the July 26, 2014, Pennsylvania Bulletin with a public comment period ending on August 25, 2014. The final-form regulation was submitted to the Commission on August 3, 2016. On August 30, 2016, the Department simultaneously tolled and submitted the final-form regulation to reformat a definition, clarify the effective date and correct minor typographical errors.
This regulation is a general update of Chapter 145 to conform to various amendments made to the Industrialized Housing Act by three separate acts (Act 13 of 2009, Act 8 of 2013 and Act 1 of 2011), as well as to conform to current industry standards.
We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. § 1651.4) 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.
____ Approval Order Public Meeting Held
September 15, 2016Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber, dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Physical Therapy
Continuing Education Enforcement
Regulation No. 16A-6515 (# 3084)On October 31, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code Sections 40.67 and 40.192. The proposed regulation was published in the November 15, 2014 Pennsylvania Bulletin with a public comment period ending on December 15, 2014. The final-form regulation was submitted to the Commission on August 3, 2016.
This regulation imposes disciplinary action on physical therapists and physical therapist assistants who fail to complete the required amount of continuing education during the applicable biennial renewal period.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 1303(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.
____ Approval Order Public Meeting Held
September 15, 2016Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Medicine
Prosthetists, Orthotists, Pedorthists and Orthotic Fitters
Regulation No. 16A-4943 (# 3062)On June 30, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Sections 16.11, 16.13 and 18.801—18.864. The proposed regulation was published in the July 12, 2014 Pennsylvania Bulletin with a public comment period ending on August 11, 2014. The final-form regulation was submitted to the Commission on August 3, 2016.
This regulation implements the creation of new classes of licenses as mandated by Act 90 of 2012 (Act 90). Act 90 requires the Board to issue licenses to prosthetists, orthotists, pedorthists and orthotic fitters, and regulate the practice of these licensees and discipline them.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 422.8 and 422.13e) 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.
GEORGE D. BEDWICK,
Chairperson[Pa.B. Doc. No. 16-1691. Filed for public inspection September 30, 2016, 9:00 a.m.]
