STATE BOARD OF OSTEOPATHIC MEDICINE [49 PA. CODE CH. 25] Prescribing, Administering and Dispensing Controlled Sympathomimetic Amines [28 Pa.B. 3282] The State Board of Osteopathic Medicine (Board) is deleting § 25.211 to read as set forth in Annex A. The objective of this amendment is to effectuate the sunset provision in § 25.211(g).
Notice of proposed rulemaking has been omitted under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)) (CDL), because notice of proposed rulemaking is unnecessary.
This regulation sunsetted by its own terms on January 17, 1992. The Board has determined not to take any action to revise or reestablish the regulation.
Accordingly, in this rulemaking, the Board deletes § 25.211.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered the purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This rulemaking is adopted under section 16 of the Osteopathic Medical Practice Act (63 P. S. § 271.16).
Fiscal Impact and Paperwork Requirements
This rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on May 28, 1998, a copy of the rulemaking was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the rulemaking was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, the rulemaking was deemed approved by the House and Senate Committees on June 17, 1998. IRRC met on June 18, 1998, and approved the rulemaking.
Additional Information
Individuals who desire information are invited to submit inquiries to Gina Bittner, Board Administrator, State Board of Osteopathic Medicine, Post Office Box 2649, Harrisburg, PA 17105-2649. The telephone number of the Board is (717) 783-4858.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202), has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary because the section repealed is ineffective by the sunset provision in § 25.211(g).
(2) The deletion of the regulation of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 25, are amended by deleting § 25.211 to read as set forth in Annex A.
(b) The Chairperson of 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 legality as required by law.
(c) The Chairperson of 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 become effective immediately upon publication in the Pennsylvania Bulletin.
SILVIA M. FERRETTI, D.O.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 3338 (July 11, 1998).)
Fiscal Note: 16A-538. 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 25. STATE BOARD OF OSTEOPATHIC MEDICINE Subchapter F. MINIMUM STANDARDS OF PRACTICE § 25.211. (Reserved).
[Pa.B. Doc. No. 98-1096. Filed for public inspection July 10, 1998, 9:00 a.m.]
