2220 Notice of comments issued

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[44 Pa.B. 6889]
[Saturday, October 25, 2014]

 Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

 The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within two years of the close of the public comment period or it will be deemed withdrawn.

Reg. No.	Agency/Title	Close of the Public Comment Period	IRRC Comments Issued
#16A-723	Bureau of Professional and Occupational  Affairs Schedule of Civil Penalties—Massage Therapists 44 Pa.B. 5487 (August 16, 2014)	09/15/14	10/15/14

Bureau of Professional and Occupational Affairs

Regulation #16A-723 (IRRC #3069)

Schedule of Civil Penalties—Massage Therapists

October 15, 2014

 We submit for your consideration the following comments on the proposed rulemaking published in the August 16, 2014 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Bureau of Professional and Occupational Affairs (Bureau) to respond to all comments received from us or any other source.

Consistency with the Statute and Clarity.

 As explained below, some of the citations to the Massage Therapy Law (Law) and the ''Title/Description'' are not clear. We ask the Bureau to review and amend the following for consistency with the statute and clarity:

 • The first two citations to §§ 627.6(b)(i) and (ii) of the Law omit Paragraph (1) and should actually reference 63 P. S. §§ 627.6(b)(1)(i) and (ii).

 • The reference to § 627.14 of the Law appears to be too broad. We presume it should be narrowed to § 627.14(a), based on the corresponding description.

 • There is a citation to § 627.14(b) of the Law, but the corresponding description discusses an expired license, whereas the cited Law addresses the use of titles, and does not mention expiration of a license.

 • Section 627.14(e) of the Law describes three conditions in the requirement to practice with ''a valid, unexpired, unrevoked and unsuspended license.'' However, the regulation only describes one category of a penalty for practicing on an expired license. The regulation should be consistent with the statute by including all three conditions set forth in the Law.

JOHN F. MIZNER, Esq., 
Chairperson

[Pa.B. Doc. No. 14-2220. Filed for public inspection October 24, 2014, 9:00 a.m.]