NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[36 Pa.B. 2251] The Independent Regulatory Review Commission met publicly at 1 p.m., Wednesday, April 19, 2006, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective April 18, 2006
Department of Transportation #18-396: Proportional Registration of Fleet Vehicles (amends 67 Pa. Code Chapter 63)
State Employees' Retirement Board #31-5: Administrative Duties of the Board (amends 4 Pa. Code § 249.2(a))
State Board of Nursing #16A-5127: Fees for Approval of Nursing Education Programs (amends 49 Pa. Code §§ 21.5, 21.147 and 21.253)
State Board of Osteopathic Medicine #16A-5315: Deletion of Exam Fees (Amends 49 Pa. Code §§ 25.223 and 25.231)
Regulations Approved
State Employees' Retirement Board #31-3: Preliminary Provisions (amends 4 Pa. Code Chapter 241)
State Employees' Retirement Board #31-4: Membership, Credited Service and Eligibility for Benefits (amends 4 Pa. Code Chapter 243)
State Board of Psychology #16A-6313: Education Requirements (amends 49 Pa. Code Chapter 41)
State Board of Examiners of Nursing Home Administrators #16A-6210: Biennial Renewal Fees (amends 49 Pa. Code § 39.72)
State Board of Nursing #16A-5119: Certified Registered Nurse Practitioner Program Approval (adds 49 Pa. Code §§ 21.361--21.377)
State Board of Nursing #16A-5120: Dietitian-Nutritionists (adds 49 Pa. Code Chapter 21, Subchapter G)
State Board of Nursing #16A-5121: Temporary Practice Permits (amends 49 Pa. Code Chapter 21)
State Board of Podiatry #16A-447: Professional Liability Insurance (amends 49 Pa. Code §§ 29.51--29.54)
State Board of Pharmacy #16A-5410: Technology and Automation (amends 49 Pa. Code Chapter 27)
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Employees' Retirement Board--Preliminary Provisions; Regulation No. 31-3 On August 18, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Employees' Retirement Board (Board). This rulemaking amends 4 Pa. Code Chapter 241. The proposed regulation was published in the September 3, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 9, 2006.
This regulation deletes the definition of ''class of service multiplier.'' The definition is no longer needed based on changes in the benefit structure of the State Employees' Retirement System.
We have determined this regulation is consistent with the statutory authority of the Board (71 Pa.C.S. § 5902(h)) 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Employees' Retirement Board--Membership, Credited Service and Eligibility for Benefits;
Regulation No. 31-4On August 18, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Employees' Retirement Board (Board). This rulemaking amends 4 Pa. Code Chapter 243. The proposed regulation was published in the September 3, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 9, 2006.
This regulation deletes the list of ''classes of service'' closed to new members as of March 1, 1974. Past amendments to the retirement code have removed the various classes of service multipliers and instituted the ''Class A'' retirement benefit formula.
We have determined this regulation is consistent with the statutory authority of the Board (71 Pa.C.S. § 5902(h)) 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.
____
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Psychology--Education Requirements; Regulation No. 16A-6313 On August 23, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology. This rulemaking amends 49 Pa. Code Chapter 41. The proposed regulation was published in the September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 23, 2006.
This regulation requires an applicant for certification to receive a doctoral degree from a school that is accredited by the American Psychological Association, accredited by the Canadian Psychological Association, designated by the Association of State and Provincial Psychology Boards/National Register (ASPPB/National Register) or from a foreign university that meets the designation criteria of ASPPB/National Register.
We have determined this regulation is consistent with the statutory authority of the State Board of Psychology (63 P. S. § 1203.2(2)) 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Examiners of Nursing Home Administrators--Biennial Renewal Fees;
Regulation No. 16A-6210On March 29, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Examiners of Nursing Home Administrators (Board). This rulemaking amends 49 Pa. Code § 39.72. The proposed regulation was published in the April 23, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 23, 2006.
Section 7.1 of the Nursing Home Administrators License Act (63 P. S. § 1107.1) requires the Board to increase fees when they do not meet expenditures. The Board is projecting a deficit of approximately $319,000 in Fiscal Year 2006-2007. This regulation increases the biennial renewal fee for nursing home administrators by 175 percent from $108 to $297 which will prevent the deficit.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1107.1) 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Nursing--Certified Registered Nurse Practitioner Program Approval; Regulation No. 16A-5119 On August 23, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking adds Sections 21.361--21.377 to Chapter 21 of Title 49 Pa. Code. The proposed regulation was published in the September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 23, 2006.
This regulation sets forth the procedures and standards for evaluating and approving educational programs for certified registered nurse practitioners (CRNPs). Act 206 of 2002 amended the Professional Nursing Law and repealed sections of the Medical Practice Act to give exclusive jurisdiction over CRNPs to the Board.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 216.1) 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Nursing--Dietitian-Nutritionists; Regulation No. 16A-5120 On February 2, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking adds Subchapter G. Dietitian-Nutritionists to 49 Pa. Code Chapter 21. The proposed regulation was published in the February 12, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 23, 2006.
This regulation implements Act 99 of 2002 by establishing standards of practice for licensed dietitian-nutritionists. The regulation prescribes licensure requirements, standards for professional conduct, continuing education requirements and fees charged by the Board.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 212.1(k)) 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Nursing--Temporary Practice Permits; Regulation No. 16A-5121 On August 23, 2004, 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 September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 28, 2005 and withdrawn on December 12, 2005. The final-form regulation was resubmitted on March 16, 2006.
This final-form regulation establishes the procedures and standards to be used in processing applications for temporary practice permits for both registered nurses and practical nurses.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 212.1(k) and 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Podiatry--Professional Liability Insurance; Regulation No. 16A-447 On August 23, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Podiatry. This rulemaking amends 49 Pa. Code §§ 29.51--29.54. The proposed regulation was published in the September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 16, 2006.
This final-form regulation eliminates references to the repealed Health Care Services Malpractice Act and replaces them with references to the Medical Care Availability and Reduction Effort Act and clarifies that a podiatrist must carry liability insurance.
We have determined this regulation is consistent with the statutory authority of the State Board of Podiatry (63 P. S. § 42.15) 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.
Approval Order Public Meeting held
April 19, 2006Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner, Esq.
State Board of Pharmacy--Technology and Automation; Regulation No. 16A-5410 On June 8, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Pharmacy. This rulemaking amends 49 Pa. Code Chapter 27. The proposed regulation was published in the June 19, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 16, 2006.
This regulation permits electronic transmission and storage of prescriptions and also sets standards for centralized prescription processing and automated medication systems.
We have determined this regulation is consistent with the statutory authority of the State Board of Pharmacy (63 P. S. § 390-4(j)) 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.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 06-792. Filed for public inspection May 5, 2006, 9:00 a.m.]
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