NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 1185]

   The Independent Regulatory Review Commission met publicly at 1 p.m., Friday, February 13, 1998, and took the following actions:

Regulation Approved:

   # 1833 Environmental Quality Board # 7-318: Oil and Gas Amendments (amends 25 Pa. Code Chapters 78--80)

   # 1895 Pennsylvania Liquor Control Board # 54-51: License Applications: Duties and Rights of Licensees; Transfer, Extensions, Surrender, Exchange Licenses; Promotion; Special Rules of Administrative Practice and Procedure Regarding Matters Before the Office of Administrative Law Judge (amends 40 Pa. Code §§ 3.52, 5.91, 13.102 and 15.42)

   # 1913 State Board of Medicine # 16A-496: Prescribing, Administering and Dispensing Controlled Sympathomimetic Amines (amends 49 Pa. Code Chapter 16)

   # 1912 State Board of Medicine # 16A-495: Complaint Process, Formal Hearings and Appeals (amends 49 Pa. Code Chapter 16)

Regulations Disapproved:

   # 1848 Department of Health # 10-148: Health Facility Licensure (amends 28 Pa. Code Chapter 139 and adds new Chapters 51, 136, 138, and 158)

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 13, 1998

Environmental Quality Board--Oil and Gas Amendments; Doc. No. 7-318

Order

   On April 21, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). It amends 25 Pa. Code Chapters 78--80. The statutory authority for the regulation is found in section 604 of the Oil and Gas Act (58 P. S. § 601.604), section 5 of the Oil and Gas Conservation Law (58 P. S. § 405), section 105 of the Solid Waste Management Act (35 P. S. § 6018.105), section 5 of The Clean Streams Law (35 P. S. § 691.5), and section 1920-A of The Administrative Code of 1929 (71 P. S. § 501-520). The proposed regulation was published in the May 3, 1997 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 7, 1998.

   These amendments are a result of the Department of Environmental Protection's (DEP) Regulatory Basics Initiative announced in August 1995 and input from the Oil and Gas Technical Advisory Board. Chapter 78 amendments will: simplify notification and reporting requirements, clarify requirements for the discharge to the land surface of tophole water, clarify surface casing and cementing procedures, and clarify plugging procedures for wells in coal areas. Chapter 79 has been amended to be consistent with the revisions to Chapter 78. Chapter 80 will be deleted because oil and gas well classification under the Federal Natural Gas Policy Act of 1979 has been terminated.

   We have reviewed this regulation and find the amendments to be in the public interest. Approximately 1,100 oil and gas well operators in the commercial oil and gas production business in Pennsylvania will benefit from the changes. The oil and gas industry will save approximately $12,500 per year as a result of reduced reporting requirements. In addition, technical requirements have been clarified and obsolete requirements eliminated.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-318 from the Environmental Quality Board, as submitted to the Commission on January 7, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 13, 1998

Pennsylvania Liquor Control Board--License Applications; Duties and Rights of Licensees; Transfer, Extension, Surrender and Exchange of Licenses; Promotion; Special Rules of Administrative Practice and Procedure Regarding Matters before the Office of Administrative Law Judge; Doc. No. 54-51

Order

   On October 6, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (LCB). This rulemaking amends 40 Pa. Code §§ 3.52, 5.91, 13.102 and 15.42. The authority for this regulation is Section 207(i) of the Liquor Code (47 P. S. § 2-207(i)). The proposed regulation was published in the October 18, 1997, issue of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 16, 1998.

   This regulation amends the LCB's existing rules in five distinctive ways. It prohibits a licensee from conducting another business on licensed premises without LCB approval. It reduces reporting requirements for officers of a club. Third, it deletes the meal package exception to ''happy hour'' restrictions. The fourth and fifth amendments bring an existing provision into conformity with current State law, and delete an unnecessary provision. This regulation will not impose additional costs on the regulated community, or the state or local governments.

   We have reviewed this regulation and find it to be in the public interest. Both the LCB and licensees will benefit from the elimination of unnecessary paperwork associated with frequent filings of change of officer form by nonprofit groups with club licenses. These amendments are also consistent with the Liquor Code.

Therefore, It Is Ordered That:

   1.  Regulation No. 54-51 from the Pennsylvania Liquor Control Board, as submitted to the Commission on January 16, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 13, 1998

State Board of Medicine-- Prescribing, Administering and Dispensing Controlled Sympathomimetic Amines; Doc. No. 16A-496

Order

   On January 14, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 16. The authority for this regulation is Section 8 of the Medical Practice Act (63 P. S. § 422.8). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The Board is deleting section 16.96 which pertains to prescribing, administering and dispensing controlled sympathomimetic amines. This section expired under sunset provisions on January 17, 1992.

   We have reviewed this regulation and find it to be in the public interest. This rulemaking removes an obsolete provision from the Pennsylvania Code.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-496 from the State Board of Medicine, as submitted to the Commission on January 14, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 13, 1998

State Board of Medicine--Complaint Process, Formal Hearings and Appeals; Doc. No. 16A-495

Order

   On January 14, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine. This rulemaking amends 49 Pa. Code Chapter 16. The authority for this regulation is contained in section 8 of the Medical Practices Act (63 P. S. § 422.8). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The State Board of Medicine is proposing to delete sections of its regulations relating to the process used for complaints to be filed against licensees, the hearing process to consider complaints, and the appeal process for decisions on complaints. The Board is repealing these provisions because of a 1992 Supreme Court decision, Lyness v State Board of Medicine, invalidated the Board's procedural regulations.

   We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to delete provisions of the Board's regulations that were found to be unconstitutional.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-495 from the State Board of Medicine, as submitted to the Commission on January 14, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Robert J. Harbison, III; John F. Mizner, Dissenting

Public Meeting held
February 13, 1998

Department of Health--Health Facility Licensure; Doc. No. 10-148

Order

   On May 21, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa.  Code Chapter 139 and adds new Chapters 51, 136, 138, and 158. The authority for this regulation is section 801.1 of the Health Care Facilities Act (35 P. S. § 448.801a). The proposed regulation was published in the May 31, 1997 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 22, 1998.

   The Department is amending its regulations to provide quality assurance standards for specific services provided by hospitals. The regulation is necessary because the Certificate of Need (CON) Program sunset in December of 1996. Unlike the CON process, the Department of Health will not be approving a hospital based on the need for a specific health service in a particular area. Instead, the Department will be reviewing quality assurance standards in the provision of services.

   We have reviewed this regulation and find it not to be in the public interest. The definition of ''pediatric heart surgery'' could limit the care of some patients, who may be more appropriately served in an adult program. Further, references to body weight and mass are not included in the definition, which instead contains a general reference to ''physical development'' and an arbitrary age limit. Based on our concerns with this definition, we find that it lacks clarity.

   We further find that provisions in section 138.13 of Chapter 138 (Cardiac Catheterization Services) are not in the pubic interest. The section requires that at least one registered nurse with experience and knowledge of cardiac catheterization be assigned to the cardiac catheterization laboratory at all times. However, Registered Cardiovascular Technicians (RCVTs) are currently staffing the cardiac catheterization laboratories in a number of hospitals. Further, some of these RCVTs are credentialed only after extensive training and examination in this specialized area. Mandating the presence of a similarly trained registered nurse will not necessarily improve the care or safety of patients in the laboratory. The proposal could adversely impact hospitals and their staffs. Therefore, based on the potential adverse economic impact on hospitals and on all of trained personnel currently working in this field, and reasonableness, the regulations does not meet the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 10-148 from the Department of Health, as submitted to the Commission on January 22, 1998, is disapproved;

   2.  The Department of Health shall, within 7 days of receipt of this Order, notify the Governor, the designated Standing Committees of the House of Representatives and the Senate, and the Commission of its intention to either proceed with the promulgation of the regulation without revisions, to revise the regulation, or to withdraw the regulation. Failure to submit notification within the 7-day period shall constitute withdrawal of the regulation;

   3.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau; and

   4.  This Order constitutes a bar to final publication of Regulation No. 10-148 under section 6(b) of the Regulatory Review Act.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-349. Filed for public inspection February 27, 1998, 9:00 a.m.]

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