INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [28 Pa.B. 2463] The Independent Regulatory Review Commission met publicly at 11:30 a.m., Thursday, May 7, 1998, and took the following actions:
Regulations Approved:
Department of Banking #3-36: Consumer Discount Companies (amends 10 Pa. Code Chapter 41)
Pennsylvania Public Utility Commission #57-164: Obsolete Regulations (amends 52 Pa. Code Chapter 59)
Board of Pardons #56-2: Recommendation (amends 37 Pa. Code § 81.301(a))
State Board of Optometry #16A-525: Therapeutic Drugs (amends 49 Pa. Code §§ 23.1, 23.82, 23.201 and 23.202).
State Board of Psychology #16A-634: Repeals and Editorial Changes (amends 49 Pa. Code Chapter 41)
Public School Employes' Retirement System #43-6: Change in Benefit Payment Plan (amends 22 Pa Code Chapter 213)
Regulations Disapproved:
State Board of Pharmacy #16A-542 General Revisions (amends 49 Pa. Code Chapter 27)
Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective May 5, 1998
State Board of Dentistry #16A-463: Fees (amends 49 Pa. Code Chapter 33)
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998Department of Banking--Consumer Discount Companies; Regulation No. 3-36
Order On December 19, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Banking (Department). This rulemaking amends 10 Pa. Code Chapter 41. The authority for this regulation is contained in section 12 of the Consumer Discount Company Act (7 P. S. § 6212). The proposed regulation was published in the January 3, 1998 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 14, 1998.
The Department is amending its regulations for consumer discount companies. The amendments implement provisions of Act 180 of 1996, which increased the ceiling on consumer discount company loans from $15,000 to $25,000. The Act also allows consumer discount companies to use fictitious names as a substitute or in addition to their corporate names. These legislative changes are reflected in this rulemaking
We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to update the Department's regulation to make them consistent with recent legislative amendments to the Consumer Discount Company Act.
Therefore, It Is Ordered That:
1. Regulation No. 3-36 from the Department of Banking, as submitted to the Commission on April 14, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998Pennsylvania Public Utility Commission--Obsolete Regulations; Regulation No. 57-164
Order On March 15, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 59. The authority for this regulation is found in sections 501, 504--506, 1301 and 1501 of the Public Utility Code (66 Pa.C.S. §§ 501, 504--506, 1301 and 1501). The proposed regulation was published in the March 30, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was initially submitted to the Commission on October 10, 1997. The regulation was withdrawn on October 24, 1997. A revised final-form regulation was submitted on April 7, 1998.
The PUC is revising and rescinding obsolete and excessive gas service regulations. The rulemaking is intended to clarify and simplify existing regulations and to remove excessive and burdensome requirements.
We have reviewed this regulation and find it to be in the public interest. The elimination of burdensome and obsolete requirements will enable the natural gas industry to provide more efficient service to consumers.
Therefore, It Is Ordered That:
1. Regulation No. 57-164 from the Pennsylvania Public Utility Commission, as submitted to the Commission on April 7, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998Board of Pardons--Recommendation; Regulation No. 56-2
Order On April 13, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Board of Pardons (Board). This rulemaking amends 37 Pa. Code § 81.301(a). The authority for this rulemaking is found in Article 4, Section 9 of the Pennsylvania Constitution and in section 299(c) of The Administrative Code of 1929 (71 P. S. § 299(c)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
As amended, section 81.301(a) requires a unanimous vote (instead of a majority vote) of the five-member Board in order to send a recommendation for clemency to the Governor in cases where the person is under a sentence of death or life imprisonment. The change will conform the Board's regulation to the amendment to Article IV, Section 9 of the Pennsylvania Constitution approved by more than a majority of electors in the general election held on November 4, 1997.
We have reviewed this regulation and find it to be in the public interest. The Board is meeting its responsibility to bring the provisions of § 81.301(a) into conformity with Article IV, Section 9 of the Pennsylvania Constitution.
Therefore, It Is Ordered That:
1. Regulation No. 56-2 from the Board of Pardons, as submitted to the Commission on April 13, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998State Board of Optometry--Therapeutic Drugs; Regulation No. 16A-525
Order On August 14, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code §§ 23.1, 23.82, 23.201 and 23.202. The authority for this regulation is sections 3(b)(14) and 4.1 of the Optometric Practice and Licensure Act (act) (63 P. S. §§ 244.3(b)(14) and 244.4a). The proposed regulation was published in the August 30, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 6, 1998.
This regulation implements portions of 1996 amendments to the act. It establishes education and examination requirements for certification of optometrists to write prescriptions for and administer pharmaceutical agents for therapeutic purposes. It also increases the minimum requirement for continuing education from 24 to 30 hours for biennial renewal of optometric licenses.
On April 22, 1998, the House Professional Licensure Committee voted to approve this regulation.
We have reviewed this regulation and find it to be in the public interest. This regulation implements portions of the act which allow optometrists in Pennsylvania to perform many of the same types of health care services that optometrists already provide in at least 40 other states.
Therefore, It Is Ordered That:
1. Regulation No. 16A-525 from the State Board of Optometry, as submitted to the Commission on April 6, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998State Board of Psychology--Repeals and Editorial Changes; Regulation No. 16A-634
Order On April 13, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code Chapter 41. The authority for this regulation is section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is repealing an obsolete provision for licensure. The Board's statutory authority to license master's degree candidates expired December 31, 1995. Further, the Board is amending its regulation to reflect the new names of two accrediting bodies: the Council on Postsecondary Accreditation and the American Association of State Psychology Boards. Respectively, the replacement names are: the Commission on Recognition of Postsecondary Accreditation and the Association of State and Provincial Psychology Boards.
We have reviewed this regulation and find it to be in the public interest. This rulemaking eliminates obsolete provisions and ensures that the Board's regulations reflect the correct names of the accrediting bodies.
Therefore, It Is Ordered That:
1. Regulation No. 16A-634 from the State Board of Psychology, as submitted to the Commission on April 13, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998Public School Employes' Retirement System--Change in Benefit Payment Plan; Regulation No. 43-6
Order On January 2, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Public School Employes' Retirement System (PSERS) which amends 22 Pa. Code Chapter 213. The authority for this regulation is section 8502(h) of the Public School Employees' Retirement Code (act). The proposed regulation was published in the January 20, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 19, 1998. At our public meeting on March 12, 1998, the Commission voted to disapprove the final-form regulation. On March 18, 1998, PSERS notified the Commission of its intent to revise and resubmit the regulation. On April 21, 1998, the revised final-form regulation was submitted to the Commission.
The purpose of this rulemaking is to enable PSERS to permit a member to change the terms of the retirement contract within clearly established limits and reasonable timetables.
We have reviewed the resubmitted regulation and find it to be in the public interest. The Commission's disapproval of the final-form regulation was based on the submittal's lack of reasonableness and clarity. The amended final-form regulation incorporates corrections recommended in our disapproval Order. Specifically, the revised final-form regulation gives members 30 days, instead of the 15 days proposed in the original regulation, to elect to change an option after receipt of the initial benefit letter. PSERS also added a statement clarifying that receipt of the initial benefit letter and final statement are presumed to have occurred 3 business days after mailing. In addition, PSERS replaced the term ''scrivener's'' with ''written'' to clarify the type of error that satisfies a condition to change the terms of the retirement contract.
Therefore, It Is Ordered That:
1. Regulation No. 43-6 from the Public School Employes' Retirement System, as resubmitted to the Commission on April 21, 1998, is approved;
2. The Commission's bar to final publication of Regulation No. 43-6 issued under section 6(b) of the Regulatory Review Act (71 P. S. § 745.6(b)) is hereby rescinded; and
3. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998State Board of Pharmacy--General Revisions; Regulation No. 16A-542
Order On February 28, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code §§ 27.1, 27.11, 27.12, 27.14-- 27.16, 27.18, 27.21, 27.23, 27.24 and 27.26. The proposed regulation also adds § 27.25 (relating to licensure by reciprocity) and deletes § 27.25 (relating to failure to appear for examination). The authority for this regulation is 63 P. S. §§ 390-3(f), 4(j), and 6(k)(1) and (9). The proposed regulation was published in the March 9, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 6, 1998.
The Board submitted this proposed regulation to generally revise, clarify and update existing regulations in 49 Pa. Code, which cover a broad range of pharmacy operations, including standards of practice, permits, equipment requirements, pharmacy technicians and pharmacy internships. The Board made many modifications to the regulation in response to the commentators' and Commission's comments. However, the Commission continues to have concerns with § 27.26(h) of the regulation regarding requirements for registration as a pharmacist preceptor.
Existing § 27.26(h)(1) states a pharmacist preceptor may not have been convicted of an offense relating to the practice of pharmacy. In the proposed rulemaking, the Board proposed adding a sentence to this provision to allow a pharmacist to apply for a waiver of this provision. The House Professional Licensure Committee formally requested an explanation for this proposed amendment questioning what kind of practice-related violations would be acceptable. In our comments, we recommended that the Board explain why the waiver provision is needed and give examples of what degree of infractions would qualify for granting of a waiver.
The Board responded in the final-form rulemaking by deleting § 27.26(h)(1) in its entirety, including both existing and proposed language. The Board believed the remaining provisions of § 27.26(h) are sufficient because they require a pharmacist preceptor to have a license in good standing and to be working on a full-time basis.
The House Professional Licensure Committee has expressed concerns with deletion of § 27.26(h)(1). As a result, the Board has requested that the Commission disapprove the final-form regulation to allow them to make revisions suggested by the House Professional Licensure Committee related to requirements for registration as a pharmacist preceptor. The House Professional Licensure Committee submitted a letter to the Commission in support of a disapproval of the final-form regulation so that the Board can make amendments and resubmit the regulation. The regulation violates the criteria of clarity and protection of the public safety because § 27.26(h) does not specify whether or not a pharmacist who has been convicted of a criminal offense related to the practice of pharmacy can be registered as a pharmacist preceptor.
A second concern is the definition of ''satellite pharmacy'' in § 27.1. This definition states a satellite pharmacy is not ''a pharmacy located off premises from the centrally located pharmacy of the institution regardless of whether the pharmacy is owned by the same person or entity which owns the institution.'' Commentators representing health systems believe the definition of ''satellite pharmacy'' will unnecessarily inhibit efficiencies they are developing in their delivery of care. We question the need to require licenses for pharmacies located off premises, as described by the commentators. The Board needs to justify the need to require a separate permit for pharmacies ''off premises'' in light of the cost savings that would not be realized through the efficiencies the health system providers are developing. The language of the regulation needs to be clearer regarding when a pharmacy is considered to be ''off premises.'' The definition of ''satellite pharmacy'' violates our criteria of need, economic impact and clarity.
We have reviewed this regulation and find it not to be in the public interest.
Therefore, It Is Ordered That:
1. Regulation No. 16A-542 from the State Board of Pharmacy, as submitted to the Commission on April 6, 1998, is disapproved;
2. The State Board of Pharmacy, within 7 days of receipt of this Order, notify the Governor, the designated Standing Committees of the House of Representatives and the Senate, and the Commission of its intention to either proceed with the promulgation of the regulation without revisions, to revise the regulation or to withdraw the regulation. Failure to submit notification within the 7-day period shall constitute withdrawal of the regulation;
3. The Commission will transmit a copy of this Order to the Legislative Reference Bureau; and
4. This Order constitutes a bar to final publication of Regulation No. 16A-542 under section 6(b) of the Regulatory Review Act.
____Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 7, 1998State Board of Dentistry--Fees; Regulation No. 16A-463
Order On March 13, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry. This rulemaking amends 49 Pa. Code Chapter 33. The authority for this regulation is sections 4(a) and 11.7 of the Dental Law (63 P. S. §§ 123(a) and 130h(b)). The proposed regulation was published in the March 29, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 13, 1998.
The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, we did not receive any negative recommendations on the final-form regulation from the Senate Committee on Consumer Protection and Professional Licensure and the final-form regulation was approved on April 22, 1998, by the House Committee on Professional Licensure.
Therefore:
The Commission will notify the Legislative Reference Bureau that Regulation No. 16A-463 from the State Board of Dentistry, as submitted to the Commission on April 13, 1998, was deemed approved under section 5(g) of the Regulatory Review Act on May 5, 1998.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 98-830. Filed for public inspection May 22, 1998, 9:00 a.m.]
