INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [39 Pa.B. 2177]
[Saturday, April 25, 2009]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, April 2, 2009, and announced the following:
Action Taken--Regulation Disapproved:
State Board of Osteopathic Medicine #16A-5318: Prescriptive Privileges for Physician Assistants (amends 49 Pa. Code Chapter 25)
____ Disapproval Order Public Meeting held
April 2, 2009Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.
State Board of Osteopathic Medicine--
Prescriptive Privileges for Physician Assistants;
Regulation No. 16A-53118 (#2644)On October 10, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. The proposed regulation was published in the October 20, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 26, 2009.
This final-form regulation would permit physician assistants practicing under the supervision of osteopathic physicians to prescribe, dispense and administer drugs and therapeutic devices.
Dr. Joseph C. Gallagher, Jr., Chair of the Board, appeared at the public meeting on April 2, 2009, and represented that he was fully authorized to request, on behalf of the Board, that we disapprove this final-form regulation to allow the Board the opportunity to revise § 25.177(a)(3) pertaining to prescriptions for Schedule II controlled substances. Without support from the promulgating Board, this regulation does not meet the reasonableness criterion set forth in the Regulatory Review Act and is not in the public interest. 71 P. S. § 745.5b(b)(3). Therefore, in response to the Board's request, we disapprove this regulation.
By Order of the Commission:
Regulation #16A-5318 (IRRC #2644) is disapproved.
ARTHUR COCCODRILLI,
Chairperson[Pa.B. Doc. No. 09-778. Filed for public inspection April 24, 2009, 9:00 a.m.]
