INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [33 Pa.B. 6376] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 4, 2003, and announced the following:
Regulations Approved
State Architects Licensure Board #16A-417: Firm Practice (amends 49 Pa. Code Chapter 9)
State Board of Funeral Directors #16A-4811: Renewal Fees (amends 49 Pa. Code Chapter 13)
State Board of Veterinary Medicine #16A-5714: Continuing Education Provider Approval (amends 49 Pa. Code Chapter 31)
Department of Health #10-165: Hearing Aid Sales and Registration (amends 28 Pa. Code Chapter 25)
____ Approval Order Public Meeting held
December 4, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Architects Licensure Board--Firm Practice; Regulation No. 16A-417
On February 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Architects Licensure Board (Board). This rulemaking amends 49 Pa. Code Chapter 9. The proposed regulation was published in the March 1, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 28, 2003.
This rulemaking updates existing regulations to include requirements for registering an architectural firm as a limited liability partnership (LLP) and a limited liability company (LLC). Act 31 of 1998 (63 P. S. § 34.13) allows architectural firms to select LLPs or LLCs as business forms.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 34.6(a) and 34.13(j)) 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
December 4, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Funeral Directors--Renewal Fee; Regulation No.16A-4811
On March 6, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors (Board). This rulemaking amends 49 Pa. Code Chapter 13. The proposed regulation was published in the March 15, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 28, 2003.
The Board is increasing the biennial renewal fee for funeral directors and funeral home establishments from $130 to $185. The Board has not raised the renewal fee since 1992. The fee increase will take effect February 1, 2004.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 479.18.1) 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.
____ Approval Order Public Meeting held
December 4, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Veterinary Medicine--Continuing Education Provider Approval; Regulation No. 16A-5714
On March 5, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 31. The proposed regulation was published in the March 15, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 28, 2003.
This regulation amends the list of the preapproved continuing education providers by adding the Registry of Approved Continuing Education of the American Association of Veterinary State Boards. The Board also updated continuing education hours and the certification title to ''certified veterinary technician'' to be consistent with Act 167 of 2002.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 485.5(2), 485.11 and 485.18) 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
December 4, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Health--Hearing Aid Sales and Registration; Regulation No.10-165
On June 24, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health. This rulemaking amends 28 Pa. Code Chapter 25. The proposed regulation was published in the July 6, 2002, Pennsylvania Bulletin with a 30-day public comment period. A final-form version of the regulation was submitted on June 30, 2003. However, this version was withdrawn prior to action on August 13, 2003. A revised final-form regulation was submitted to the Commission on October 22, 2003.
This final-form regulation amends the requirements for hearing aid fitters and dealers and for the sale of hearing aids, based on Act 153 of 1998. These changes include: increased registration fees; requirements for continuing education; and the requirement to provide written disclosure agreements and money-back guarantees.
We have determined this regulation is consistent with the statutory authority of the Department of Health (35 P. S. § 6700-205) 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. 03-2421. Filed for public inspection December 19, 2003, 9:00 a.m.]
