INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [43 Pa.B. 3067]
[Saturday, June 1, 2013]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 16, 2013, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective May 15, 2013
Pennsylvania Liquor Control Board #54-72: Prize Limits for Events, Tournaments and Contests (amends 40 Pa. Code § 5.32(e)(7))
Action Taken—Regulations Approved:
Pennsylvania Public Utility Commission #57-283: Marketing and Sales Practices for the Retail Residential Energy Market (adds 52 Pa. Code Chapter 111)
State Board of Medicine #16A-4933: Prescribing (amends 49 Pa. Code § 16.92)
State Board of Occupational Therapy Education and Licensure #16A-678: Referrals by CRNPS and PAS (amends 49 Pa. Code § 42.25)
State Board of Occupational Therapy Education and Licensure #16A-677: Continuing Competency (amends 49 Pa. Code Chapter 42)
Action Taken—Regulation Disapproved: Order Not Yet Issued
*State Board of Pharmacy #16A-5423: Cancer Drug Repository Program
*Will advise when order is issued.
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Approval Order Public Meeting Held
May 16, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Pennsylvania Public Utility Commission—
Marketing and Sales Practices for the
Retail Residential Energy Market;
Regulation No. 57-283 (#2915)On October 11, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking adds 52 Pa. Code Chapter 111. The proposed regulation was published in the October 22, 2011 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on April 11, 2013.
This regulation establishes best marketing and sales practices for electric generation suppliers and natural gas suppliers for the retail residential market.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 501(b)) and the intention of the General Assembly. Having con-sidered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
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Approval Order Public Meeting Held
May 16, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Medicine—
Prescribing;
Regulation No. 16A-4933 (#2931)On February 22, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code § 16.92. The proposed regulation was published in the March 3, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 21, 2013.
This rulemaking clarifies the regulation relating to prescribing, administering and dispensing controlled substances and expands the provision to include three additional drugs which share serious potential for addiction and abuse: butalbital, carisoprodol and tramadol.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.8) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
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Approval Order Public Meeting Held
May 16, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Occupational Therapy
Education and Licensure—
Referrals by CRNPS and PAS;
Regulation No. 16A-678 (#3004)On April 8, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Occupational Therapy Education and Licensure (Board). This rulemaking amends 49 Pa. Code § 42.25. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
Consistent with Act 138 of 2012, this regulation adds certified registered nurse practitioners and physician assistants to the existing lists of practitioners from whom an occupational therapist can accept a referral in the form of a written order or oral order.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 15905(b)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
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Approval Order Public Meeting Held
May 16, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Occupational Therapy
Education and Licensure—
Continuing Competency;
Regulation No. 16A-677 (#2892)On March 25, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Occupational Therapy Education and Licensure (Board). This rulemaking amends 49 Pa. Code Chapter 42. The proposed regulation was published in the April 9, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 8, 2013.
This final-form regulation implements continued competency requirements for occupational therapists.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1505(b) and 1515(a)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
SILVAN B. LUTKEWITTE, III,
Chairperson[Pa.B. Doc. No. 13-1010. Filed for public inspection May 31, 2013, 9:00 a.m.]
