NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 2430]

   The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, April 27, 2000, and took the following actions:

Regulations Approved:

   State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-693: Verification Fee (amends 49 Pa. Code § 47.4).

   State Registration Board for Professional Engineers, Land Surveyors and Geologists #16A-477: Verification/Certification Fees (amends 49 Pa. Code § 37.17).

   State Board of Veterinary Medicine #16A-578: Fees (amends 49 Pa. Code § 31.41).

   State Board of Occupational Therapy, Education and Licensure #16A-672: Fees (amends 49 Pa. Code § 42.17).

   State Board of Dentistry #16A-469: Verification/Certification Fees (amends 49 Pa. Code § 33.3).

   Environmental Quality Board #7-339: Surface Coating Processes (RBI #4) (amends 25 Pa. Code Chapters 121, 129 and 139).

   State Real Estate Commission #16A-566: Application Fees (amends 49 Pa. Code § 35.203).

   State Board of Psychology #16A-633: Sexual Intimacies (49 Pa. Code Chapter 41).

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

Public Meeting held
April 27, 2000

State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--Verification Fee; Regulation No. 16A-693

Order

   On March 29, 1999, the Commission received this proposed regulation from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors. This rulemaking amends 49 Pa. Code § 47.4. The authority for this regulation is section 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1918(c)). The proposed regulation was published in the April 10, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 27, 2000.

   This regulation represents a cost allocation adjustment for two types of fees. It increases the fee for verification of licensure from $10 to $15. It creates a new fee of $25 for certification of license, scores or hours.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-693 from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, as submitted to the Commission on March 27, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

State Registration Board for Professional Engineers, Land Surveyors and Geologists--Verification/Certification Fees; Regulation No. 16A-477

Order

   On March 29, 1999, the Commission received this proposed regulation from the State Registration Board for Professional Engineers, Land Surveyors and Geologists. This rulemaking amends 49 Pa. Code § 37.17. The authority for this regulation is section 9(a) of the Engineer, Land Surveyor and Geologist Law (63 P. S. § 156(a)). The proposed regulation was published in the April 10, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 27, 2000.

   This regulation creates two new fees. The fee for verification of license, registration or permit will be $15. The fee for certification of license, registration, permit or scores will be $25.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-477 from the State Registration Board for Professional Engineers, Land Surveyors and Geologists, as submitted to the Commission on March 27, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

State Board of Veterinary Medicine--Fees; Regulation No. 16A-578

Order

   On March 29, 1999, the Commission received this proposed regulation from the State Board of Veterinary Medicine. This rulemaking amends 49 Pa. Code § 31.41. The authority for this regulation is section 13 of the Veterinary Medicine Practice Act (63 P. S. § 485.13). The proposed regulation was published in the April 10, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 27, 2000.

   This regulation represents a cost allocation adjustment for two types of fees. It increases the fee for verification of veterinarian licensure or animal health technician certification from $10 to $15. It creates a new fee of $25 for certification of scores or hours for veterinarians and animal health technicians.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-578 from the State Board of Veterinary Medicine, as submitted to the Commission on March 27, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

State Board of Occupational Therapy, Education and Licensure--Fees; Regulation No. 16A-672

Order

   On March 29, 1999, the Commission received this proposed regulation from the State Board of Occupational Therapy, Education and Licensure. This rulemaking amends 49 Pa. Code § 42.17. The authority for this regulation is section 17(a) of the Occupational Therapy Practice Act (63 P. S. § 1517(a)). The proposed regulation was published in the April 10, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 27, 2000.

   This regulation creates two new fees. The fee for verification of licensure will be $15. The fee for certification of license, scores or hours will be $25. These two fees apply to both occupational therapists and occupational therapy assistants.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-672 from the State Board of Occupational Therapy, Education and Licensure, as submitted to the Commission on March 27, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

State Board of Dentistry--Verification/Certification Fees; Regulation No. 16A-469

Order

   On March 29, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry. This rulemaking amends 49 Pa. Code § 33.3. The authority for this regulation is section 4(b) of the Dental Law (63 P. S. § 123(b)). The proposed regulation was published in the April 10, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 27, 2000.

   This regulation represents a cost allocation adjustment for two types of fees. It increases the fee for verification of license, permit or registration from $10 to $15 for dentists, dental hygienists and expanded function dental assistants, respectively. The fee for certification of scores, permit or registration will be increased from $15 to $25.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-469 from the State Board of Dentistry, as submitted to the Commission on March 27, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

Environmental Quality Board--Surface Coating Processes (RBI #4); Regulation No. 7-339

Order

   On February 17, 1999, the Commission received this proposed regulation from the Environmental Quality Board. This rulemaking amends 25 Pa. Code Chapters 121, 129 and 139. The authority for this regulation is found in the Air Pollution Control Act (35 P. S. §§ 4001--4015). The proposed regulation was published in the March 6, 1999 Pennsylvania Bulletin, with a 65-day public comment period. The final-form regulation was submitted to the Commission on January 19, 2000, but was subsequently withdrawn on February 8, 2000. It was revised and resubmitted on March 28, 2000.

   This rulemaking amends existing procedures for determining compliance with volatile organic compound (VOC) emission limits for various surface-coating processes. It also establishes new presumptive reasonably available control technology requirements for wood furniture manufacturing facilities with actual or potential emissions of 25 tons or more of VOCs per year.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-339 from the Environmental Quality Board, as resubmitted to the Commission on March 28, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

State Real Estate Commission--Application Fees; Regulation No. 16A-566

Order

   On July 28, 1999, the Commission received this proposed regulation from the State Real Estate Commission (Commission). This rulemaking amends 49 Pa. Code § 35.203. The authority for this regulation is section 407(a) of the Real Estate Licensing and Registration Act (63 P. S. § 455.407(a)). The proposed regulation was published in the August 7, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 6, 2000.

   The regulation revises 19 existing fees and adds two new fees. The Board estimates that 11,380 persons will avail themselves of one or more of the enumerated services over the next 2-year period. Total additional costs to the regulated community during that time span will be approximately $397,255. Only those requesting the enumerated services will be affected.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-566 from the State Real Estate Commission, as submitted to the Commission on April 6, 2000, is approved; and

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

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

Public Meeting held
April 27, 2000

State Board of Psychology--Sexual Intimacies; Regulation No. 16A-633

Order

   On March 10, 1998, 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 authority for this regulation is section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)). The proposed regulation was published in the March 21, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 6, 2000.

   This regulation defines sexual intimacies and establishes limits upon sexual intimacy between a psychologist and a former or current client/patient or their immediate family. The regulation also prohibits a psychologist from accepting any former sexual partner as a client/patient.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-633 from the State Board of Psychology, as submitted to the Commission on April 6, 2000, is approved; and

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

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-812. Filed for public inspection May 12, 2000, 9:00 a.m.]

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