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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 10-1133

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[40 Pa.B. 3471]
[Saturday, June 19, 2010]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 3, 2010, and announced the following:

Action Taken—Regulations Approved:

 State Board of Veterinary Medicine #16A-5722: Responsibility to Clients and Patients (amends 49 Pa. Code Chapter 31)

 State Board of Nursing #16A-5133: Clinical Nurse Specialists (amends 49 Pa. Code Chapter 21)

 State Board of Certified Real Estate Appraisers #16A-7015: Appraiser Trainees; Initial and Continuing Education; Supervised Experience; Practice Standards (amends 49 Pa. Code Chapter 36)

 Department of State #16-50: Biennial Filing Fee (amends 51 Pa. Code § 53.1)

 Department of Public Welfare #14-514: Assisted Living Residences (adds Chapter 2800 to 55 Pa. Code)

____

Approval Order

Public Meeting held
June 3, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone

State Board of Veterinary Medicine—
Responsibility to Clients and Patients;
Regulation No. 16A-5722 (#2787)

 On September 2, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 31. The proposed regulation was published in the September 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 19, 2010.

 The regulation updates the Rules of Professional Conduct for Veterinarians, including those rules relating to veterinarians and their responsibility to clients and patients.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 485.5 2(2) and 485.21(11)) 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
June 3, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone

State Board of Nursing—Clinical Nurse Specialists; Regulation No. 16A-5133 (#2700)

 On June 4, 2008, 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 June 14, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 19, 2010.

 This regulation establishes the classification of clinical nurse specialist, as authorized by Act 49 of 2007.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 212.1(k) and 218.5) 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
June 3, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone

State Board of Certified Real Estate Appraisers— Appraiser Trainees; Initial and Continuing Education; Supervised Experience; Practice Standards;
Regulation No. 16A-7015 (#2789)

 On September 9, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Certified Real Estate Appraisers (Board). This rulemaking amends 49 Pa. Code Chapter 36. The proposed regulation was published in the September 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 19, 2010.

 This regulation implements portions of Acts 59 and 103 of 2008, which established the position of ''appraiser trainee license'' in the Pennsylvania Real Estate Appraisers Certification Act. It sets forth the qualifications and education requirements and supervised experience options for the appraiser trainee licensee. It also revises and updates existing rules and standards relating to education and experience for other professionals certified by the Board.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 457.5(2), 457.9(a) and 458.3) 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
June 3, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone

Department of State—Biennial Filing Fee;
Regulation No. 16-50 (#2799)

 On October 6, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of State (Department). This rulemaking amends 51 Pa. Code § 53.1. The proposed regulation was published in the October 17, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 13, 2010.

 This regulation amends the biennial registration fee from $100 to $200 for principals, lobbying firms and lobbyists required to register under the Lobbying Disclosure Act.

 We have determined this regulation is consistent with the statutory authority of the Department (66 Pa.C.S.A. § 13A08(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.

____

Approval Order

Public Meeting held
June 3, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone

Department of Public Welfare—
Assisted Living Residences;
Regulation No. 14-514 (#2712)

 On July 28, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking adds Chapter 2800 to 55 Pa. Code. The proposed regulation was published in the August 9, 2008 Pennsylvania Bulletin and there was a 37-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2010.

 This regulation implements Act 56 of 2007 which establishes licensure and operating standards for Assisted Living Residences. The goal of these residences is to provide an opportunity for residents to ''age in place'' with support and supplemental health care services.

 We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 1021) and the intention of the General Assembly. Having considered all of the other criteria of the Regula-tory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

ARTHUR COCCODRILLI, 
Chairperson

[Pa.B. Doc. No. 10-1133. Filed for public inspection June 18, 2010, 9:00 a.m.]



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