1274 Notice of comments issued  

  • Notice of Comments Issued

    [46 Pa.B. 4030]
    [Saturday, July 23, 2016]

     Section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b).

     The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

    Close of the Public IRRC Comments
    Reg. No. Agency/Title Comment Period Issued
    16A-6517 State Board of Physical Therapy
    Post-Act 38 Revisions
    46 Pa.B. 2417 (May 14, 2016)
    6/13/167/13/16

    State Board of Physical Therapy
    Regulation # 16A-6517 (IRRC # 3148)

    Post-Act 38 Revisions

    July 13, 2016

     We submit for your consideration the following comments on the proposed rulemaking published in the May 14, 2016 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P.S. § 745.5a(a)) directs the State Board of Physical Therapy (Board) to respond to all comments received from us or any other source.

    Section 40.17. Foreign-educated physical therapists applying to take the licensure examination and pursue a clinical experience.—Protection of the public health, safety and welfare; Clarity.

     Under paragraph (3), the Board proposes to amend the existing language to require a foreign-educated applicant to provide documentation of ''having held legal authorization'' to practice in the country of professional education. This language is being added to implement Act 38 of 2008 amendments made to the Physical Therapy Practice Act (63 P.S. § 1306(i)(2)) which requires an applicant for licensure who has been educated outside the United States to provide proof of ''holding'' an unrestricted license in the country where the applicant was educated.

     We understand and agree with the Board's explanation for the proposed changes as stated in the Preamble to the proposed regulation. However, the Board should include language in the final-form rulemaking to clarify that if the unrestricted license in the country where the applicant was educated is not active at the time of application that such license was in good standing at the time its active status was terminated.

    GEORGE D. BEDWICK, 
    Chairperson

    [Pa.B. Doc. No. 16-1274. Filed for public inspection July 22, 2016, 9:00 a.m.]

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