INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [36 Pa.B. 6742]
[Saturday, November 4, 2006]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 19, 2006, and announced the following:
Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective October 18, 2006
State Board of Cosmetology #16A-4513: Removal of the Term ''Manager (amends 49 Pa. Code Chapter 7)
Action Taken--Regulations Approved
Liquor Control Board #54-61: Revisions to Codify Practices and Procedures Resulting from Legislative Amendments (amends 40 Pa. Code Chapters 5, 11, 13 and 17)
Department of Public Welfare #14-488: Medical Assistance Provider Appeal Procedure (adds 55 Pa. Code Chapter 41)
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-6910: Child Abuse Reporting Requirements (amends 49 Pa. Code § 47.52 and adds §§ 48.51--48.57 and 49.51--49.57)
State Board of Osteopathic Medicine #16A-5317: Respiratory Therapists (amends 49 Pa. Code Chapter 25)
State Board of Medicine #16A-4916: Physician Assistants (amends 49 Pa. Code Chapters 16 and 18)
Approval Order Public Meeting held
October 19, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.
Liquor Control Board--Revisions to Codify Practices and Procedures Resulting from Legislative Amendments; Regulation No. 54-61
On March 17, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code Chapters 5, 11, 13 and 17. The proposed regulation was published in the April 9, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 8, 2006.
This regulation contains a varied group of amendments including supervision of minors in licensed premises that primarily serve food; prohibition of minors from purchasing or redeeming the Board's gift cards; requirements for Board participation in wine events; practices regarding point-of-sale incentive programs for malt or brewed beverages; and the procedure for intervention by interested parties where a municipality has requested leave to enforce its own noise ordinance in lieu of the Board's regulations on amplified music.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(i)) 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
October 19, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.
Department of Public Welfare--Medical Assistance Provider Appeal Procedure; Regulation No. 14-488
On August 4, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking adds 55 Pa. Code Chapter 41. The proposed regulation was published in the August 14, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 13, 2006.
This regulation implements Act 142 of 2002 by creating a new chapter that establishes the procedures, rules and standards for the Medical Assistance provider appeal process.
We have determined this regulation is consistent with the statutory authority of the Department (67 Pa.C.S.A. § 1106) 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
October 19, 2006Commissioners Voting: Alvin C. Bush, Chairmperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--Child Abuse Reporting Requirements; Regulation No. 16A-6910
On September 26, 2005, 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 § 47.52 and adds §§ 48.51--48.57 and 49.51--49.57. The proposed regulation was published in the October 8, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 15, 2006.
This regulation establishes child abuse reporting requirements for marriage and family therapists and professional counselors.
We have determined this regulation is consistent with the statutory authority of the Board (23 Pa.C.S.A. § 6383(b)(2) and 63 P. S. § 1906(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.
____ Approval Order Public Meeting held
October 19, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.
State Board of Osteopathic Medicine--Respiratory Therapists Regulation No. 16A-5317
On September 26, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. The proposed regulation was published in the October 8, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 15, 2006.
This final-form regulation implements the provisions of Act 56 of 2004, which requires the Board to institute continuing education requirements for certified respiratory therapists.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 271.10b(f)) 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
October 19, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.
State Board of Medicine--Physician Assistants Regulation No. 16A-4916
On October 26, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16 and 18. The proposed regulation was published in the November 5, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 15, 2006.
This regulation reduces restrictions in existing regulations governing the relationship between physician assistants and supervising physicians.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.13) 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.
ALVIN C. BUSH,
Chairperson[Pa.B. Doc. No. 06-2174. Filed for public inspection November 3, 2006, 9:00 a.m.]
