2198 Administration of the training program

Title 37--LAW

MUNICIPAL POLICE OFFICERS'
EDUCATION AND TRAINING COMMISSION

[37 PA. CODE CH. 203]

Administration of the Training Program

[37 Pa.B. 6401]
[Saturday, December 8, 2007]

Description and Purpose

   The State Police, Municipal Police Officers' Education and Training Commission (Commission) amends 37 Pa. Code § 203.11(a)(6) (relating to qualifications) to allow licensed physician's assistants and certified nurse practitioners to conduct physical examinations, which is consistent with current medical practice.

Statutory Authority

   The amendment is authorized under 53 Pa.C.S. § 2164 (1), (8) and (14) (relating to powers and duties of commission).

Effect

   This final-form rulemaking will affect recruits, out-of-State police officers seeking training waivers and certified schools.

Effective Date/Sunset Date

   The amendment will be effective immediately upon final-form adoption. These regulations are continually monitored and updated as needed. Therefore, no sunset date has been set.

Regulatory Review

   On July 10, 2006, copies of the proposed rulemaking were delivered to the Independent Regulatory Review Commission (IRRC) and the Majority and Minority Chairpersons of the House Judiciary Committee and the Senate Committee on Law and Justice. Notice of the proposed rulemaking was published at 36 Pa.B. 3828 (July 22, 2006) and provided for a 30-day comment period. The Commission received no comments from the public, IRRC or the House or the Senate Committees.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.1)), this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective October 17, 2007.

Contact Person/Public Comment

   The contact person is Syndi L. Guido, Policy Director, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, [phone]. Persons with a disability that requires an alternative format of this document (that is, large print, audio tape, Braille) may contact Syndi Guido so that she may make the necessary arrangements.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt this amendment has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided and no comments were received.

   (3)  The adoption of this final-form rulemaking in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statute.

Order

   The Commission, acting under the authorizing statute, orders that:

   (a)  The regulations of the Municipal Police Officers' Education and Training Commission, 37 Pa. Code Chapter 203, are amended by amending § 203.11 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.

   (b)  The Commission will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law for approval as to form and legality.

   (c)  The Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

COL. JEFFREY B. MILLER,   
Commissioner

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 37 Pa.B. 5951 (November 3, 2007).)

   Fiscal Note: Fiscal Note 17-73 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 37.  LAW

PART IV.  MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION

Subpart A.  MUNICIPAL POLICE
OFFICERS' TRAINING PROGRAM

CHAPTER 203.  ADMINISTRATION
OF THE TRAINING PROGRAM

Subchapter B.  POLICE OFFICER
CERTIFICATION REQUIREMENTS

§ 203.11.  Qualifications.

   (a)  Except as provided in subsection (b), persons who are to be employed as police officers by police departments within this Commonwealth from December 21, 1996, shall:

*      *      *      *      *

   (6)  Be personally examined by a physician, physician's assistant, or certified nurse practitioner who is licensed in this Commonwealth. The examination must include the following:

*      *      *      *      *

[Pa.B. Doc. No. 07-2198. Filed for public inspection December 7, 2007, 9:00 a.m.]