STATE BOARD OF MEDICINE [ 49 PA. CODE CH. 18 ] Certified Registered Nurse Practitioners [43 Pa.B. 2145]
[Saturday, April 20, 2013]The State Board of Medicine (Board) rescinds Chapter 18, Subchapter C to read as set forth in Annex A.
Effective Date
The final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The amendments are authorized under section 8 of the Medical Practice Act of 1985 (act) (63 P. S. § 422.8) and sections 2.1(k) and (l) and 8.1—8.3 of The Professional Nursing Law (nursing act) (63 P. S. §§ 212.1(k) and (l) and 218.1—218.3).
Background and Purpose
The Board and the State Board of Nursing jointly promulgated regulations regarding certified registered nurse practitioner (CRNP) practice at 30 Pa.B. 5943 (November 18, 2000) under section 15 of the act (63 P. S. § 422.15) that provided for joint regulation of CRNPs by the Board and the State Board of Nursing. Section 15 ofthe act was repealed by the act of December 9, 2002 (P. L. 1567, No. 206) (Act 206). The nursing act was amended by Act 206 to provide that the State Board of Nursing would have exclusive jurisdiction over the regulation of CRNPs. The nursing act was further amended by the actof July 20, 2007 (P. L. 318, No. 48) (Act 48). The State Board of Nursing's final-form rulemaking implementing Act 206 and Act 48 was published at 39 Pa.B. 6994 (December 12, 2009).
Because the statutory authority under which the Board regulated the practice of CRNPs was repealed and the State Board of Nursing has adopted regulations which take the place of the jointly promulgated regulations, the Board is rescinding the regulations related to CRNPs.
Omission of Proposed Rulemaking
Under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL), the Board is authorized to omit the procedures for proposed rulemaking in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) if the Board finds that the criteria in section of the CDL are met.
The Board's regulations were jointly promulgated under statutory authority that has been repealed to specifically provide that the State Board of Nursing has the sole authority to regulate the practice of CRNPs. Under authority of section 204(3) of the CDL, the Board finds that proposed rulemaking may be omitted as unnecessary because these amendments merely conform the Board's regulations to the applicable statutes by deleting outdated regulations.
Description of Amendments
The Board is rescinding Chapter 18, Subchapter C.
Fiscal Impact
The final-omitted rulemaking will not have fiscal impact on the Board, its licensees, the private sector, the general public or political subdivisions.
Paperwork Requirements
The final-omitted rulemaking will not create additional paperwork for the Board, its licensees, the private sector, the general public or political subdivisions.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on March 4, 2013, the Board submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the House Professional Licensure Committee (HPLC). On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on April 3, 2013, the final-omitted rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 4, 2013, and approved the final-omitted rulemaking.
Additional Information
For additional information about the final-omitted rulemaking, submit inquiries to Teresa Lazo, Counsel, State Board of Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7200.
Findings
The Board finds that:
(1) Public notice of the Board's intention to amend its regulations under the procedures in sections 201 and 202 of the CDL has been omitted under the authority of section 204 of the CDL because public comment is unnecessary in that individuals are not adversely affected by this final-omitted rulemaking that deletes regulations promulgated under the authority of a repealed statute.
(2) The amendment of the Board's regulations in the manner provided in this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 18, are amended by deleting §§ 18.21, 18.22, 18.31, 18.41, 18.42, 18.51—18.57, 18.61—18.64, 18.71, 18.81, 18.91, 18.101 and 18.111 as set forth in Annex A.
(b) 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 form and legality as required by law.
(c) 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 take effect upon publication in the Pennsylvania Bulletin.
JAMES W. FREEMAN, M.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 43 Pa.B. 2242 (April 20, 2012).)
Fiscal Note: 16A-4938. 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 18. STATE BOARD OF MEDICINE—PRACTITIONERS OTHER THAN MEDICAL DOCTORS Subchapter C. (Reserved) Sec.
18.21. (Reserved). 18.22. (Reserved). 18.31. (Reserved). 18.41. (Reserved). 18.42. (Reserved). 18.51—18.57. (Reserved). 18.61—18.64. (Reserved). 18.71. (Reserved). 18.81. (Reserved). 18.91. (Reserved). 18.101. (Reserved). 18.111. (Reserved). [Pa.B. Doc. No. 13-705. Filed for public inspection April 19, 2013, 9:00 a.m.]
