STATE BOARD OF MEDICINE [49 PA. CODE CH. 16] Sympathomimetic Amines [28 Pa.B. 1316] The State Board of Medicine (Board) amends § 16.96, as set forth in Annex A. The objective of this amendment is to effectuate the sunset provision at § 16.96.
Notice of proposed rulemaking has been omitted under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3))(CDL) because notice of proposed rulemaking is unnecessary.
This regulation sunsetted by its own terms on January 17, 1992. The Board has determined not to take any action to revise or reestablish the regulation.
Accordingly, in this amendment, the Board deletes § 16.96.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered the purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final omitted regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This amendment is adopted under section 8 of the Medical Practice Act (63 P. S. § 422.8).
Fiscal Impact and Paperwork Requirements
The amendment will have no fiscal impact on the Commonwealth or its political subdivisions.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5.1(c)), a copy of the final-form regulation was submitted on January 14, 1998, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the final-form regulation was submitted to the Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5(c) of the Regulatory Review Act, the regulation was deemed approved by the House and Senate Committees on February 3, 1998, and by IRRC on February 13, 1998.
Additional Information
Individuals who desire information are invited to submit inquiries to Cindy L. Warner, Board Administrator, State Board of Medicine, Post Office Box 2649, Harrisburg, PA 17105-2649, (717) 783-1400.
Findings:
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) has been omitted under the authority contained in section 204(3) of the CDL because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary because the provisions deleted are ineffective by the sunset provision in § 16.96(7)(g).
(2) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders:
(a) The regulations of the Board, 49 Pa. Code Chapter 16, are amended by deleting § 16.96, to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
DANIEL B. KIMBALL, Jr., M.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 1185 (February 28, 1998).)
Fiscal Note: 16A-496. No fiscal impact; (8) recommends adoption.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 16. STATE BOARD OF MEDICINE--GENERAL PROVISIONS Subchapter F. MINIMUM STANDARDS OF PRACTICE § 16.96. (Reserved).
[Pa.B. Doc. No. 98-412. Filed for public inspection March 13, 1998, 9:00 a.m.]
