INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [42 Pa.B. 4992]
[Saturday, August 4, 2012]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, July 19, 2012, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective July 18, 2012
Bureau of Professional and Occupational Affairs #16A-54: Schedule of Civil Penalties—Engineers, Land Surveyors and Geologists (amends 49 Pa. Code § 43b.13a)
Milk Marketing Board #47-16: Transactions Between Dealers and Producers (amends 7 Pa. Code Chapter 143)
Action Taken—Regulations Approved:
State Board of Pharmacy #16A-5428: Electronic Prescribing of Controlled Substances (amends 49 Pa. Code Chapter 27)
State Board of Nursing #16A-5122: IV Therapy Functions for Licensed Practical Nurses (amends 49 Pa. Code Chapter 21)
Pennsylvania Gaming Control Board #125-144: Employee and Horsemen's Organization Revisions (amends 58 Pa. Code Chapters 401a, 423a, 427a, 433a, 435a, 436a and 513a)
Pennsylvania Public Utility Commission #57-281: Liquid Fuels Pipeline Regulations (amends 52 Pa. Code § 59.33)
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Approval Order Public Meeting Held
July 19, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.
State Board of Pharmacy—
Electronic Prescribing of Controlled Substances;
Regulation No. 16A-5428 (#2949)On May 30, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code Chapter 27. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation will permit pharmacists to accept electronically transmitted prescriptions for Schedule II controlled substances.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 390-6(k)(9)) 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
July 19, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.
State Board of Nursing—
IV Therapy Functions for Licensed Practical Nurses;
Regulation No. 16A-5122 (#2840)On April 21, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the May 1, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 30, 2012.
This final-form rulemaking establishes standards for licensed practical nurses (LPNs) related to intravenous (IV) procedures, updates existing education and training provisions that LPNs must complete before providing IV therapy functions, and revises provisions related to the functions or scope of practice of an LPN.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S § 667.6) 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
July 19, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq., abstained; Lawrence J. Tabas, Esq.
Pennsylvania Gaming Control Board—
Employee and Horsemen's Organization Revisions;
Regulation No. 125-144 (#2893)
On March 30, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 401a, 423a, 427a, 433a, 435a, 436a and 513a. 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 May 30, 2012.
This final-form rulemaking makes changes to existing regulations related to the definition of ''publicly traded corporation,'' processing of applications, wagering by certain individuals, the issuance of emergency and temporary credentials, Horsemen's Organizations and age restrictions.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. § 1202(b)(30)) 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
July 19, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.
Pennsylvania Public Utility Commission—
Liquid Fuels Pipeline Regulations;
Regulation No. 57-281 (#2887)On February 10, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code § 59.33. The proposed regulation was published in the February 26, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 31, 2012.
This regulation adds new language to regulate pipeline transportation of natural gas and hazardous liquid by incorporating federal law, and in accordance with Pennsylvania's participation in the United States Department of Transportation's Pipeline and Hazardous Materials Safety Administration's Hazardous Liquid Pipeline Safety Grant Program.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. § 102(1)(v)) 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. 12-1474. Filed for public inspection August 3, 2012, 9:00 a.m.]
