2341 Actions taken by the Commission

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[33 Pa.B. 5994]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 20, 2003, and announced the following:

Regulations Approved

   State Board of Medicine #16A-497: Sexual Misconduct (amends 49 Pa. Code Chapter 16)

   State Board of Osteopathic Medicine #16A-539: Sexual Misconduct (amends 49 Pa. Code Chapter 25)

   State Board of Medicine #16A-4912: Physician Delegation of Medical Services (amends 49 Pa. Code Chapter 18)

   State Board of Nursing #16A-5115: Oral Orders (amends 49 Pa. Code Chapter 21)

   Department of Labor and Industry #12-60: Uniform Construction Code; Administration and Enforcement; Elevators and Other Lifting Devices (amends 34 Pa. Code by amending Chapter 401 and adopting Chapters 403 and 405)

   Department of Transportation #18-385: Vehicle Equipment and Inspection (amends 67 Pa. Code §§ 175.42 and 175.80)

Approval Order

Public Meeting held
November 20, 2003

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

State Board of Medicine--Sexual Misconduct; Regulation No. 16A-497

   On November 7, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine. This rulemaking amends 49 Pa. Code Chapter 16. The proposed regulation was published in the November 24, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2003.

   This regulation provides guidance to practitioners and the public regarding sexual misconduct. Regulated practitioners include: medical doctors; midwives; physician assistants; drugless therapists; athletic trainers; acupuncturists; and applicants for a license or certificate that the Board may issue.

   We have determined this regulation is consistent with the statutory authority of the State Board of Medicine (63 P. S. §§ 422.8 and 422.41(8)) 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
November 20, 2003

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

State Board of Osteopathic Medicine--Sexual Misconduct; Regulation No. 16A-539

   On March 27, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine. This rulemaking amends 49 Pa. Code Chapter 25. The proposed regulation was published in the April 6, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2003.

   This regulation provides guidance to practitioners and the public regarding sexual misconduct. Regulated practitioners include: osteopathic physicians; physician assistants; respiratory care practitioners; athletic trainers; acupuncturists; and applicants for a license or certificate issued by the Board.

   We have determined this regulation is consistent with the statutory authority of the State Board of Osteopathic Medicine (63 P. S. §§ 271.10a(c), 271.15(a)(8) and (b)(9) and 271.16) 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
November 20, 2003

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

State Board of Medicine--Physician Delegation of Medical Services; Regulation No. 16A-4912

   On August 24, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 18. The proposed regulation was published in the September 8, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2003.

   This rulemaking establishes criteria under which medical doctors may delegate the performance of medical services to health care practitioners or technicians.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.17(b)) 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
November 20, 2003

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

State Board of Nursing--Oral Orders; Regulation No. 16A-5115

   On November 14, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing. This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the December 1, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2003.

   This regulation allows licensed practical nurses (LPNs) to accept oral orders in accordance with the policy of the facility. This regulation also amends existing regulations to clarify that both professional nurses and LPNs can administer drugs. Finally, it removes the reference to ''a licensed doctor of the healing arts'' as the sole prescriber of drugs.

   We have determined this regulation is consistent with the statutory authority of the State Board of Nursing (63 P. S. § 667.6) 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
November 20, 2003

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Labor and Industry--Uniform Construction Code; Administration and Enforcement; Elevators and Other Lifting Devices; Regulation No. 12-60

   On August 14, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code by amending Chapter 401 and adopting Chapters 403 and 405. The proposed regulation was published in the August 24, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was initially submitted to the Commission on May 8, 2003. On June 9, 2003, the Department withdrew the regulation. The final-form regulation was resubmitted to the Commission on October 22, 2003. The Department tolled the review of this regulation to make corrections and clarify references, and simultaneously submitted revisions on November 6, 2003.

   This regulation implements the Pennsylvania Construction Code Act (act) (35 P. S. §§ 7210.101--7210.1103). As required by the act, the regulation establishes a Uniform Construction Code (UCC) for Pennsylvania. It sets forth administrative and enforcement provisions including procedures for municipalities to elect to adopt and enforce the UCC and Statewide standards for elevators and other lifting devices.

   We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. §§ 7210.301 and 7210.304) 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
November 20, 2003

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Transportation--Vehicle Equipment and Inspection; Regulation No. 18-385

   On August 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code §§ 175.42 and 175.80. The proposed regulation was published in the August 23, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2003.

   This regulation adds inspection for the presence of appropriate emissions control components to the existing annual safety inspection in Chapter 175. The regulation applies to the 42 counties not currently subject to the emissions inspection program under Chapter 177. The amendments also eliminate the requirement for inspection stations to send copies of inspection reports to the Department.

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 4103, 4702 and 6103) 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. 03-2341. Filed for public inspection December 5, 2003, 9:00 a.m.]