INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [42 Pa.B. 5452]
[Saturday, August 18, 2012]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, August 2, 2012, and announced the following:
Action Taken—Regulations Approved:
State Board of Medicine #16A-4925: MCARE Revisions (amends 49 Pa. Code (§§ 16.1, 16.18, 16.31—16.35, 17.4, 17.6 and 17.7))
State Board of Dentistry #16A-4624: Expanded Function Dental Assistant Scope of Practice and Continuing Education (amends 49 Pa. Code §§ 33.1, 33.205a and 33.402)
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Approval Order Public Meeting Held
August 2, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq., abstained
State Board of Medicine—
MCARE Revisions;
Regulation No. 16A-4925 (#2956)On June 26, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code (§§ 16.1, 16.18, 16.31—16.35, 17.4, 17.6 and 17.7). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking amends the Board's regulations to conform to Act 13 of 2002, which repealed the Health Care Services Malpractice Act (40 P. S. § 1301.101—1301.1006) and enacted the Medical Care Availability and Reduction of Error (Mcare) Act (40 P. S. § 1303.101—1303.910). Because the Board's regulations reference the repealed Health Care Services Malpractice Act, the regulations must be amended to conform to current state statutes in order to avoid confusion within the regulated community and to provide appropriate references to current law.
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
August 2, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq., abstained
State Board of Dentistry—
Expanded Function Dental Assistant Scope of
Practice and Continuing Education;
Regulation No. 16A-4624 (#2908)On September 6, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code §§ 33.1, 33.205a, and 33.402. The proposed regulation was published in the September 17, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 26, 2012.
This regulation implements Act 19 of 2010, which amended the Dental Law to expand the scope of practice for expanded function dental assistants (EFDA) to include coronal polishing, performing fluoride treatments and taking impressions of teeth for limited purposes. The regulation also updates the continuing education subject areas, so that EFDAs can receive credit for coronal polishing training.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 122(d.1)(1), (j) and (o)) 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. 12-1614. Filed for public inspection August 17, 2012, 9:00 a.m.]
