INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [30 Pa.B. 2688] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 11, 2000, and took the following action:
Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--
Effective May 10, 2000Pennsylvania Public Utility Commission #57-198: Reporting Requirements Relating to the Submission of Gas Supply and Demand Data (amends 52 Pa. Code Chapter 59).
Regulations Approved:
Department of Revenue #15-400: Commercial Motion Pictures: Sales and Use Tax (amends the Tax Reform Code of 1971; adds § 32.38 to 61 Pa. Code; and deletes the Department's Statement of Policy in 61 Pa. Code § 60.22).
Department of Community and Economic Development #4-67: Commercial Motion Picture Sales; Tax Exemption Certificate (adds 12 Pa. Code § 33.1).
Pennsylvania Human Relations Commission #52-010: Housing Accommodations/Commercial Property (amends 16 Pa. Code Chapter 45).
Pennsylvania Turnpike Commission #60-2: Traffic Regulations (amends 67 Pa. Code Chapter 601).
State Board of Nursing #16A-5112: Fees (amends 49 Pa. Code §§ 21.5, 21.147 and 21.253).
State Board of Veterinary Medicine #16A-5710: Examinations, Licensures, Fees (amends 49 Pa. Code §§ 31.3(a), 31.11(b)(2), 31.12(b) and 31.41).
State Board of Physical Therapy #16A-657: Fees (amends 49 Pa. Code § 40.5).
State Board of Occupational Therapy, Education and Licensure #16A-673: Oral Orders (adds 49 Pa. Code § 42.25).
____ Commissioners Present: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; John F. Mizner; Robert J. Harbison, III
Public Meeting held
May 11, 2000Department of Revenue--Commercial Motion Pictures; Sales and Use Tax; Regulation No. 15-400
Order On March 2, 1998, the Independent Regulatory Review Commission (Commission) received this proposed rulemaking from the Department of Revenue (Department). The authority for this regulation is section 2(54) of Act 7-1997, which amended the Tax Reform Code of 1971 (72 P. S. § 7204(54)). The proposed regulation was published in the March 14, 1998 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 12, 2000.
This rulemaking adds new § 32.38 to 61 Pa. Code. It also deletes the Department's Statement of Policy in 61 Pa. Code § 60.22.
The regulation provides a sales and use tax exemption for the retail sale to, or use by, a motion picture producer of any personal property and services used directly in the production of a commercial motion picture. It also requires the commercial motion picture producer to furnish each of the vendors from whom property or services were purchased with a completed Exemption Certificate for claiming exemptions from tax.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 15-400 from the Department of Revenue, as submitted to the Commission on April 12, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000Department of Community and Economic Development--Commercial Motion Picture Sales; Tax Exemption Certificate; Regulation No. 4-67
Order On March 18, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Community and Economic Development. This rulemaking adds § 33.1 to 12 Pa. Code. The authority for this regulation is section 204(54) of the Tax Reform Code. The proposed regulation was published in the March 28, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 11, 2000.
This proposal implements section 204(54) of the Tax Reform Code by prescribing the Department of Revenue form to be used by producers of commercial motion pictures who qualify for the State sales and use tax exemption.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 4-67, from the Department of Community and Economic Development, as submitted to the Commission on April 11, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000Pennsylvania Human Relations Commission--Housing Accommodations/Commercial Property; Regulation No. 52-10
Order On July 13, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Human Relations Commission (PHRC). This rulemaking amends 16 Pa. Code Chapter 45. The authority for this regulation is sections 7(d) and 9(g) of the Pennsylvania Human Relations Act (act) (43 P. S. §§ 957(d) and 959(g)). The proposed regulation was published in the July 24, 1999 Pennsylvania Bulletin, with a 60-day public comment period. The final-form regulation was submitted to the Commission on March 23, 2000.
On April 3, 2000, the Commission received a request from the PHRC to toll consideration of this final-form regulation to make technical corrections. On April 17, 2000, the PHRC submitted its revisions to the final-form regulation to the Commission.
This regulation sets forth words, phrases and symbols that are impermissible in housing advertisements. It replaces an existing Statement of Policy in 16 Pa. Code Chapter 45. It also outlines language that violates the act and defines what constitutes reasonable compliance with these provisions.
This rulemaking will affect advertisers, publishers and realtors. The PHRC estimates that no additional costs will be incurred by public or private entities.
The revised final-form regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 52-10 from the Pennsylvania Human Relations Commission, as revised on April 17, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000Pennsylvania Turnpike Commission--Traffic Regulations; Regulation No. 60-2
Order On August 13, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Turnpike Commission (PTC). This rulemaking amends 67 Pa. Code Chapter 601. The authority for this regulation is 36 P. S. §§ 651.7 and 652d and 75 Pa.C.S. § 6110. The proposed regulation was published in the September 25, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 20, 2000.
This regulation makes several substantive and editorial changes to the PTC's existing regulations. The PTC believes that all the customers that use the Turnpike will benefit from an increase in the overall safety and free flow of traffic on the Turnpike.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 60-2 from the Pennsylvania Turnpike Commission, as submitted to the Commission on April 20, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000State Board of Nursing--Fees; Regulation No. 16A-5112
Order On April 19, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code §§ 21.5, 21.147 and 21.253. The authority for this regulation is sections 11.2(a) and (d) of The Professional Nursing Law (63 P. S. §§ 221.2(a) and (d)) and section 17.5(a) of the Practical Nurse Law (63 P. S. § 667.5(a)). The proposed regulation was published in the May 1, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 7, 2000.
The regulation revises 13 fees and adds eight new fees. The Board estimates that 31,000 persons will avail themselves of one or more of the enumerated services in a 2-year period. Total additional costs to the regulated community will be approximately $1,200,000. Only those requesting the services will be affected.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 16A-5112 from the State Board of Nursing, as submitted to the Commission on April 7, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000State Board of Veterinary Medicine--Examinations, Licensure, Fees; Regulation No. 16A-5710
Order On April 7, 2000, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Veterinary Medicine. This rulemaking amends 49 Pa. Code §§ 31.3(a), 31.11(b)(2), 31.12(b) and 31.41. The authority for this regulation is found in sections 5(6) and 9(3) of the Veterinary Medicine Practice Act (63 P. S. §§ 485.5(6) and 485.9(3)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation revises examination requirements for licensure as a veterinarian. The North American Veterinary Licensing Examination (NAVLE) will replace the existing National Board Examination and the Clinical Competency Test. The NAVLE is the uniform examination which will be required of all applicants for licensure in the United States and Canada. The fee for the NAVLE will be $325. This regulation also eliminates the requirement that applicants for licensure take the Pennsylvania Veterinary Legal Practice Examination.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 16A-5710 from the State Board of Veterinary Medicine, as submitted to the Commission on April 7, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000State Board of Physical Therapy--Fees; Regulation No. 16A-657
Order On April 13, 2000, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code § 40.5. The authority for this regulation is section 8 of the Physical Therapy Act (63 P. S. § 1308) and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The regulation revises fees for the physical therapist and the physical therapy assistant examinations. The fee revisions are necessary to reflect a new contract with the Federation of State Boards of Physical Therapy, which will take effect on July 1, 2000. Total additional costs to the regulated community will be $100 per person. Only those sitting for the licensure examination will be affected.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 16A-657 from the State Board of Physical Therapy, as submitted to the Commission on April 13, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson--by phone; Alvin C. Bush, Vice Chairperson--by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
May 11, 2000State Board of Occupational Therapy, Education and Licensure--Oral Orders; Regulation No. 16A-673
Order On June 3, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Occupational Therapy Education and Licensure (Board). It adds a new § 42.25 to 49 Pa. Code. The authority for this regulation is found in sections 1505(b) and 1514 of the Occupational Therapy Practice Act (act) (63 P. S. §§ 1505(b) and 1514). The proposed regulation was published in the June 19, 1999, edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 7, 2000.
Section 1514 of the act provides that furnishing direct occupational therapy to an individual for a specific medical condition must be based on a referral from a licensed physician or a licensed podiatrist. This rulemaking adds new provisions clarifying the procedures that occupational therapists are to follow when a licensed physician or licensed podiatrist issues an oral order for immediate treatment of an individual.
This regulation meets the criteria of the Regulatory Review Act.
Therefore, It Is Ordered That:
1. Regulation No. 16A-673 from the State Board of Occupational Therapy, Education and Licensure, as submitted to the Commission on April 7, 2000, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 00-906. Filed for public inspection May 26, 2000, 9:00 a.m.]
