NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[31 Pa.B. 1519] Section 5(d) and (g) of the Regulatory Review Act (71 P. S. § 745.5(d) and (g)) (act) provide that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Commission may issue comments within 10 days of the close of the committees' comment period. The Commission's comments are based upon the criteria contained in section 5.1(h) and (i) of the act (75 P. S. § 745.5a(h) and (i)).
The Commission issued comments on the following proposed regulations. The agencies must consider these comments in preparing the final-form regulations. The final-form regulations must be submitted by the dates indicated.
Final-Form
Submission
Reg. No. Agency/Title Issued Deadline 30-55 Pennsylvania Emergency 03/02/01 12/04/02 Management Agency Reductions of Major
Water Use
30-56 Pennsylvania Emergency 03/02/01 12/04/02 Management Agency
Prohibition of Non-
essential Water Uses
in a Commonwealth
Drought Emergency Area
30-58 Pennsylvania Emergency 03/02/01 12/04/02 Management Agency
Local Water Rationing
Plans
16A-5713 State Board of Veterinary Medicine Examinations,
Application for
Licensure and Cer-
tification, Fees
03/02/01 01/02/03 35-26 Constables' Education and 03/02/01 12/18/02 Training Board
Constables' Education
and Training
16A-5711 State Board of Veterinary Medicine Continuing Education 03/02/01 12/18/02
Pennsylvania Emergency Management Agency Regulation No. 30-55
Reductions of Major Water Use
March 2, 2001 We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Pennsylvania Emergency Management Agency (PEMA) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 4, 2002, the regulation will be deemed withdrawn.
1. Section 118.1. Definitions.--Clarity.
Public water supply agency
Section 118.1 defines ''public water supply agency'' by referencing a statutory standard of ''. . . at least 15 service connections. . . .'' However, §§ 118.2 and 118.4(a)(1) relax this standard to ''50 or more customer connections.'' There are two issues. First, what is the basis for the standard of ''50 or more customer connections?''
Second, the regulation should include the standard of ''50 or more customer connections'' in the definition of ''public water supply agency,'' and then use this defined term without qualification in §§ 118.2 and 118.4(a)(1).
2. Section 118.4. Contingency plans--public water supply agencies.--Reasonableness, Clarity.
Subsection (b)(6)
This subsection requires the public water supply agency to provide a plan of action including, ''public notice'' when responding to drought and water shortage conditions. What constitutes ''public notice'' in this instance? The final-form regulation should include examples of ''public notice.''
Subsection (b)(7)
In this subsection there is a reference to 4 Pa. Code § 120.9(d). Should the reference be 4 Pa. Code § 120.9(e)?
Subsection (b)(7)(i)
In subsection (b)(7)(i), as well as § 118.6(a)(1), the language, ''relative impact of water use reductions'' is used. How is the ''relative impact of water use reductions'' going to be measured?
Subsection (b)(7)(i)(C)
This subsection and § 118.6(a)(2)(iii) use the phrase ''essential public utility services.'' It is unclear what services fall into this category. For example, the definition of ''public utility'' in the Public Utility Code (66 Pa.C.S.A. § 102) includes transportation carriers, such as railroads and telecommunications providers. However, the definition excludes electric generation supplier companies as a result of the Electricity Generation Customer Choice and Competition Act (66 Pa.C.S. §§ 2801--2812). For clarity, ''essential public utility services'' should be defined, and the definition should include the specific utility services which are considered essential.
3. Section 118.5. Contingency plans-self supplied commercial and industrial users.--Clarity.
In subsection (a)(3), the phrase, ''a reasonable time'' is used in the last sentence. What is considered ''a reasonable time?'' The final-form regulation should specify a time frame, or the criteria upon which a ''reasonable time'' will be determined.
4. Section 118.8. Procedure for exemptions or variance from water use reductions by self-supplied industrial or commercial water users.--Clarity.
Subsection (c)(3)
Paragraph (3) authorizes the Commonwealth Drought Coordinator (CDC) to ''request the applicant to provide within a reasonable time additional information as necessary to review the application.'' (Emphasis added.) The final-form regulation should specify a minimum time frame, or the phrase ''within a reasonable time'' should be deleted.
Additionally, this paragraph contains a vague reference to ''other appropriate Commonwealth agencies.'' The agencies should be specified in the final-form regulation.
Subsection (c)(4)
Under paragraph (4), ''[w]hen possible'' the CDC will issue a written decision on an application for an exemption or variance within 7 working days, or 1 working day if perishable products are involved. The regulation does not specify what circumstances would prevent the CDC from issuing a decision within these time frames. Since an application for an exemption or variance is filed when a business believes it is facing ''extraordinary hardship,'' the time frame for review may be critical to the industrial or commercial water user. What circumstances would prevent the CDC from meeting the 7 or 1 working day time frames?
Subsection (c)(7)
Paragraph (7) provides that when a decision of the CDC is appealed, ''PEMA will provide the applicant with an opportunity for a hearing. The regulation also states that ''PEMA may appoint a hearing examiner who may be an administrative law judge of the Pennsylvania Public Utility Commission.'' There are two questions.
First, within what time frame will a hearing be provided? Second, under what circumstances will PEMA appoint a Public Utility Commission administrative law judge to serve as the hearing examiner?
Subsection (c)(9)
Under paragraph (9), PEMA will notify the applicant in writing of its final decision on the appeal. The regulation provides no time frame for PEMA to issue the final decision. Consequently, it is unclear if the appeal process will be completed quickly enough to provide relief to a business. Time frames for each stage of the appeal process should be added to the final-form regulation.
5. Section 118.9. County drought management task force.--Clarity.
Format
The existing language under this section is intended to be deleted. However, as published in the Pennsylvania Bulletin, the right bracket at the end of the second sentence is missing. When published in final-form, there should be a right bracket after ''Pennsylvania Bulletin.''
Subsection (a)(2)
This subsection states that ''county task forces shall be comprised of county emergency management officials, . . . elected officials, health officials, fire officials, law enforcement officials. . . .'' As written, this provision could be interpreted to require all officials in each county to serve on their county task forces. Is the intent to allow these officials, or their representatives, to serve on the county task force? The final-form regulation should clarify the intent of this provision.
Subsection (a)(3)
The subsection requires the county commissioners to report to the CDC on county task force activities. However, the regulation is silent on when and how often these reports are due. The final-form regulation should clarify this reporting requirement.
6. Miscellaneous clarity issues.
* In § 118.1, the definition of ''consumptive water'' appears to contain a typographical error. The conjunction ''or'' after the word, ''used'' and before the word, ''is'' should be deleted.* The last sentence of § 118.2 uses the phrase ''directs by directing.''* It appears that ''by directing'' should be deleted.* Section 118.4(b)(7) references 4 Pa. Code § 120.9(d). Should the reference be 4 Pa. Code § 120.9(e)?* Section 118.7 is placed between §§ 118.6 and 118.8 (relating to Implementation of reductions by self-supplied industrial and commercial water users; and relating to Procedure for exemptions or variance from water use reductions by self-supplied industrial or commercial water users). The penalties and enforcement provision should be moved to the end of the chapter.
Pennsylvania Emergency Management Agency Regulation No. 30-56
Prohibition of Nonessential Water Uses in a Commonwealth Drought Emergency Area
March 2, 2001 We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Pennsylvania Emergency Management Agency (PEMA) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 4, 2002, the regulation will be deemed withdrawn.
1. Section 119.1. Definitions.--Clarity.
Athletic field
What does the term ''racing'' refer to in this definition?
2. Section 119.4. Prohibition of nonessential water uses.--Clarity.
Vague language
The last sentence of the opening paragraph states ''Nothing in paragraphs (1)--(4) allows a prohibited use of water as either a direct or indirect effect of the exceptions contained therein.'' This sentence neither narrows the restrictions, nor clarifies the exceptions. Therefore, it should be deleted.
Paragraph (2)(iv)(F)
Under this paragraph, noncompliance with an approved plan will cause the plan to be void and will result in a prohibition on further water use. The preceding paragraph (2)(iv)(A)--(E) relate to approval of a plan. Since the provision in paragraph (2)(iv)(F) is not related to plan approval, it should be included as a separate paragraph (2)(v), and the succeeding paragraphs should be renumbered.
Paragraph (3)(ii)
Under this paragraph, certain gardens, landscaped areas, trees and shrubs may be watered between 5 p.m. and 9 a.m. A commentator noted that water bags are used to irrigate trees. The bags are installed and left in place for several days. As a result, they would not meet the time of day restriction for watering included in this paragraph. Has PEMA considered exempting the use of water bags from the time of day restriction?
Paragraph (4)
In this paragraph, the regulation establishes a time frame for plan approval of ''no earlier than 3 years prior to the month of use during an emergency.'' How was the 3-year time frame determined?
Paragraph (4)(iv)
This paragraph requires meters and meter records to be available to representatives of the local law enforcement authority or the Commonwealth Drought Coordinator (CDC). The final-form regulation should clarify if the records are to be made available by the golf course operator or the local water supplier.
Paragraph (4)(vi)
This provision allows limited watering of heat sensitive grasses on golf courses between 10 a.m. and 5 p.m., provided that the watering is done with a hand-held hose with an automatic shut-off nozzle. Has PEMA considered allowing automated systems for this watering if they are timed and supervised?
Paragraph (5)(i)--(iv)
These paragraphs list the exceptions to the prohibition on the use of water for washing paved surfaces. A commentator noted that washing of manufacturing plant roads should be allowed when it is required to meet an environmental permit condition or other regulatory requirement for dust control. This specific exemption is not included under subparagraphs (i)--(iv). The final-form regulation should clearly state whether paved surfaces can be washed to meet a permit or other regulatory requirement.
Paragraph (7)(v)(B)
The regulation allows car dealers to wash vehicles on certain days of the week. Car dealers with even or no street addresses may wash cars on Wednesdays. In the existing regulation, dealers with no street address were permitted to wash cars on a separate day. Why have the even and no street addresses been combined in the proposed regulation?
3. Section 119.6. Procedure for exemptions or variance from the prohibition of nonessential uses of water.--Clarity.
Duration of exemption or variance
Is an exemption or variance permanent, or just for the duration of a drought? A public water supply agency could be under the impression that an exemption approved during a drought constitutes a plan revision. The regulation should clearly state that an exemption granted for a particular drought does not automatically apply to a future drought.
Subsection (b)
The criteria for reviewing a water supplier's application for an exemption are not clear. What criteria will be used to determine ''the ability of law enforcement agencies locally or throughout the drought emergency area to enforce these or other emergency regulations?''
Subsection (c)
The phrase, ''other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to the prohibition of nonessential use of water'' is vague. What factors will PEMA consider to make this determination?
Subsection (d)(5)
This subsection states ''When possible. . . '' the drought coordinator will provide a decision within certain time frames. What circumstances would prevent the CDC from rendering a decision within these time frames?
Pennsylvania Emergency Management Agency Regulation No. 30-58
Local Water Rationing Plans
March 2, 2001 We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Pennsylvania Emergency Management Agency (PEMA) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 4, 2002, the regulation will be deemed withdrawn.
1. Section 120.1. Definitions.--Clarity.
Commonwealth Drought Coordinator
This definition should be consistent with the definition of the same term in §§ 118.1 and 119.1.
2. Section 120.5. Implementation of plans.--Reasonableness; Clarity.
Subsection (a)
Paragraph (2) references two guidance documents relating to water rationing and states that public water supply agencies ''are encouraged to'' contact the Department for assistance in developing a plan. Regulations establish binding norms of general applicability and future effect. The provisions in this paragraph are not mandates. Therefore, paragraph (2) should be deleted. However, its provisions would be more appropriately placed in a policy statement or other publication.
Subsection (d)
Paragraph (1) requires notice in ''at least one newspaper serving the area covered by the plan.'' To insure adequate coverage, the regulation should require the notice to be published in a newspaper of general circulation for the area covered by the plan (See 45 Pa.C.S. §§ 101 and 307).
Additionally, the notice in paragraph (1) is only required to include the approval of the plan and its effective date. Should the notice also include where the public can review a copy of the plan, or how the public can obtain a copy as required by paragraphs (3) and (4)?
3. Section 120.8 Service interruptions.--Reasonableness; Clarity.
One commentator believes it would not be practical for a water supplier to operate curb stops or install flow restrictors on single user services. Are the provisions of this section intended to apply to individual service connections or to larger portions of a water system?
4. Section 120.11. Enforcement by political subdivision ordinance.--Clarity.
As published in the Pennsylvania Bulletin, subsection (a)(1) repeats the phrase ''plan has been.'' This typographical error should be corrected for publication of the final-form regulation.
5. Section 120.14 Repeal of a plan.--Clarity.
The title of this section references a ''repeal.'' However, the text of this section references both repeal and amendment. The title should be revised accordingly.
6. Section 120.15. Notification of termination.
Similar to § 120.5(d), this section requires notice of a plan repeal to be published in ''at least one newspaper.'' The regulation should require the notice to be published in a newspaper of general circulation for the area covered by the plan (See 45 Pa.C.S. §§ 101 and 307).
State Board of Veterinary Medicine
Regulation No. 16A-5713
Examinations, Application for Licensure and Certification, Fees
March 2, 2001 We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Veterinary Medicine (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by January 2, 2003, the regulation will be deemed withdrawn.
1. Section 31.32. Certification.--Clarity.
Subsection (a)(4)
This subsection requires an applicant to provide a letter of good standing from the licensure board of other states reporting the outcome of any disciplinary actions. It is unclear what impact reports of disciplinary actions accompanying a ''letter of good standing'' will have in the Board's certification decisions. The regulation should be revised to clarify how disciplinary action may affect the review of these types of applications.
Subsection (a)(5)
This subsection requires an animal health technician applicant to provide a statement that the applicant has not been convicted of a drug related felony in this Commonwealth other states. The subsection includes three exceptions to this requirement: (1) ''at least 10 years have elapsed from the date of conviction,'' (2) the applicant demonstrates ''significant progress in personal rehabilitation since the conviction'' and (3) ''the applicant otherwise satisfies the qualifications contained in the Board's regulations.''
Each exception raises questions.
First, the House Professional Licensure Committee questioned how the Board would determine that there have been no convictions during the past 10 years.
Second, how will the Board determine whether ''significant progress in personal rehabilitation'' has occurred?
Third, what is the need for, and purpose of, the third exception? It provides an exception when the applicant ''otherwise satisfies the qualifications contained in the Board's regulations.'' To which ''qualifications,'' is it referring? Aren't all applicants required to meet the qualifications prescribed by the Board?
The Board should respond to the questions concerning these exceptions.
2. Section 31.33. Applications.
Section 31.11. Application for licensure.--Reasonableness; Clarity.
There are two issues concerning how applicants can obtain application forms.
First, there are different application forms for animal health technician certification. To apply for certification by endorsement, applicants must contact the Board for application forms. In contrast, applicants for certification by examination must contact the professional testing organization for application forms under § 31.33(a). The regulation contains information on how to contact the Board for application forms. However, it provides no information on how to contact the professional testing organization. The regulation should clarify how applicants may obtain forms from the professional testing organization.
Second, § 31.33(b) state that applicants may use the Board's mailing address or the ''Board's web page'' to obtain application forms for animal health technician certification be endorsement. Similar language is used in § 31.11(a) for application forms for veterinarian licensure. However, the regulation is deleting the Board's telephone number as an option for contacting the Board. Why? The regulation should give applicants the opportunity to obtain application forms via telephone as well as mail or internet.
3. Section 31.35. Examinations.--Clarity.
The Board is deleting information on the availability and frequency of examinations. The Board's reason for this deletion is ''the professional testing organization, not the Board, determines the frequency and location of the Veterinary Technician National Examination.'' While this is correct, the regulation should inform applicants how they can learn where and when these examinations will be given.
Constables' Education and Training Board Regulation No. 35-26
Constables' Education and Training
March 2, 2001 We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Pennsylvania Constables' Education and Training Board (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 18, 2002, the regulation will be deemed withdrawn.
1. Section 431.2. Definitions.--Need; Reasonableness.
The first paragraph of this section includes the sentence ''The following words and phrases, when used in this chapter, have the meanings as indicated.'' This sentence is not needed, and should be deleted.
Waiver
This definition is lengthy and includes substantive provisions. For clarity, the Board should shorten this definition and rely upon the specific criteria for each course in the regulation. For example, it may be sufficient to simply define waiver as ''the Board's grant of permission to a constable to reduce the hours of classroom attendance in a Board training course.''
2. Section 431.11. Registration.--Clarity.
This section states: ''To be considered by the Board for certification, a person shall register with the Board by submitting the information requested by the Board.'' We have two concerns with this section.
First, what information will the Board request? An applicant will not know what information to submit if no examples of information are included in the regulation. Examples of pertinent information should be included in the final-form regulation.
Second, this section should specifically state how and in what format an applicant should submit such information to the Board. For example, does a form exist? This should be clarified.
3. Section 431.15. Certification numbers.--Clarity.
Subsections (d) and (e)
Both subsections (d) and (e) use the term ''immediately.'' Subsection (e)(1) uses the phrase ''as soon as practicable.'' These phrases are vague. The Board should replace these phrases with specific time frames.
Subsection (e)
Paragraph (2) finishes with the phrase, ''upon the constable's successful completion of the next available continuing education.'' This phrase is incomplete. To alleviate any confusion, a term such as ''period'' or ''program'' should be inserted at the end of this sentence.
The timeframes described in paragraphs (1)--(3) are not clear. For example, paragraph (3) uses the time period of ''5 years after the constable's initial certification or most recent recertification.'' Do these time periods begin with the date of initial certification, or the lapse of certification? This should be explained.
Additionally, in paragraph (3), the phrase ''not less than 5 years'' should be replaced with ''5 years or more.''
4. Section 431.21. Curriculum.--Statutory authority; Consistency with statute.
Subsection (a)
This subsection outlines the categories of instruction included in basic training. Section 2945 of Act 44 of 1994 (42 Pa.C.S. § 2945) (act) states that basic training must include ''instruction in the interpretation and application of the fees provided for in section 2950 (relating to fees).'' This topic is not specifically listed in this section. For consistency with the statute, ''instruction in the interpretation and application of the fees provided for in section 2950 (relating to fees)'' of the act should be included in the final-form regulation.
Subsection (b)
This subsection would allow the Board to ''add, delete or modify one or more topics upon publishing prior notice of the changes in the Pennsylvania Bulletin and in an edition of the Constables' Training Bulletin. . . .''
A provision of the regulation may only be amended by promulgation of a new regulation. The Board should delete subsection (b) or explain its statutory authority to amend the regulation without going through the rulemaking process.
5. Section 431.22. Successful completion.--Clarity.
Training period
This section does not state the total number of training hours needed for an applicant to become a constable. Section 2945 of the act requires ''training for a total of 80 hours.'' The 80-hour requirement should be stated in the final-form regulation.
Subsection (a)(3)
A constable or other person, according to subsection (a)(3), will complete basic training successfully by ''demonstrating to the Board's satisfaction proficiency in practical skills.'' We have three issues with the clarity of this subsection.
First, what is the process by which a constable or other person will demonstrate their skills to the Board? Will they demonstrate through examination scores or a practical examination? This should be clarified in the final-form regulation.
Second, the criteria that will be used to determine the Board's satisfaction should be included in this subsection, such as a certain score on a written exam.
Finally, the Board should provide examples of ''practical skills'' in the final-form regulation.
6. Section 431.24. Waiver examination.--Clarity.
Subsection (a)
We have two comments on subsection (a). First, this section states, ''. . . who attains a passing grade score on the Board's basic training waiver examination as established by the Board.'' It is not clear as to what is being established by the Board--the basic training waiver examination or the passing grade score. According to § 431.32(a), the Board is establishing a passing score. To alleviate confusion, the phrase ''as established by the Board'' should be placed directly after what the phrase modifies. Further, the phrase should be used consistently throughout the regulation.
Second, subsection (a) uses the term ''passing grade score.'' Subsection (b) uses ''passing score.'' For consistency, one phrase should be used consistently throughout the regulation.
7. Section 431.31. Curriculum.--Economic impact; Clarity.
This section states the Board may periodically change the content of continuing education. We have two questions. First, how will a constable receive notice of this change? How will the Board implement changes so that a course already completed at the time of the change is not later disallowed?
Second, the term ''periodically'' is vague. Does the Board intend to change the content annually? If so, ''annually'' should replace ''periodically.''
8. Section 431.32. Successful completion.--Need; Reasonableness; Clarity.
Subsection (a)(1) requires attendance for all of the hours required by the act. For clarity, this provision should include the specific requirement of ''40 hours per year'' in section 2946 of the act.
9. Section 431.43. Firearm and ammunition.--Clarity.
Course Prerequisites
We have two overall concerns with this section. First, it is our understanding that subsections (a)--(c) are prerequisites to being admitted to the firearms qualification course. Failure to meet them would not result in a failure of the course under § 431.44(b)--(d), since the constable would not have been admitted to the course. The regulation should clearly explain that subsections (a)--(c) are prerequisites to being admitted to the firearms qualification course.
Second, as explained in more detail below, the requirements of subsections (a)--(c) lack specificity, partly due to the broad range and changing nature of firearms and ammunition available. The Board should consider adding a mechanism which allows a constable the opportunity to predetermine whether a specific firearm and ammunition are acceptable.
Subsection (a)
This subsection states ''a constable shall be responsible for providing a firearm, ammunition, magazines, speed loaders, safety accessories, cleaning equipment and other associated equipment as needed during the firearms qualification course.'' How will a constable know what specific ''safety accessories, cleaning equipment, and other associated equipment'' are needed?
Subsections (b) and (c)
These subsections require firearms and ammunition to be ''generally acceptable for law enforcement usage within this Commonwealth.'' The regulation should either specifically state or cross reference the standards used to determine firearms and ammunition that is acceptable for law enforcement usage in this Commonwealth. In the alternative, the Board should establish a mechanism for a constable to request advance approval of a particular firearm.
10. Section 431.51. Board approval of school.--Clarity.
Section 6.8 of the Code and Bulletin Style Manual states that ''shall'' should be used to express a duty or obligation, and ''will'' should be used when the agency pledges to act. Since the Board must establish, implement and administer training programs under section 2944(1) of the act, we question why the word ''may'' is used in subsection (a) rather than ''will.''
State Board of Veterinary Medicine
Regulation No. 16A-5711
Continuing Education
March 2, 2001 We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Veterinary Medicine (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 18, 2002, the regulation will be deemed withdrawn.
1. Section 31.15. Continuing education.--Reasonableness of implementation; Need; and Clarity.
We have four concerns with this section:
''Individual study or correspondence courses''
The terms ''individual study or correspondence courses'' are unclear. Existing regulations for other licensure boards contain definitions for similar terms. For example, § 36.224 in the existing regulations for Certified Pennsylvania Evaluators defines the term ''correspondence courses.'' Including similar definitions in this regulation would clarify these terms.
Setting a limit on credit for ''individual study or correspondence courses''
The House Professional Licensure Committee (House Committee) noted that the Regulatory Analysis Form (RAF) states that the regulation uses the figure ''25%'' to set the number of credits that could be earned through individual study or correspondence courses. However, the regulation sets a limit of a ''maximum of 2 clock hours'' per biennium for these types of courses. Why are the RAF and the regulation inconsistent when describing required credit hours? This should be explained.
Implementation date
The Preamble states that the regulation will apply to continuing education credits earned during the December 1, 2000, to December 1, 2002, biennial renewal period. We have two concerns with beginning the program during this cycle. First, the House Committee has suggested that the Board should postpone implementation of the program to the next biennial cycle. If the Board plans to implement this rulemaking within the next 6 months, we see no need to alter the effective date. However, if implementation will take longer than 6 months, we agree with the House Committee that the regulation should not apply to continuing education credits earned until the December 1, 2002, to December 1, 2004, biennial renewal period.
Second, licensees who take individual study or correspondence courses prior to the rulemaking's effective date should be given full credit for those courses in accordance with current requirements.
Unnecessary phrases
The amendment adds a new sentence to the end of § 31.15 that reads: ''The courses shall meet the requirements of § 31.16 (relating to continuing education provider approval).'' We question the need for this sentence since section 31.16 immediately follows this section and includes similar language. The new sentence is also redundant. The first sentence in the same section states, ''a veterinarian shall attend clock hours of continuing education courses approved by the Board . . .'' (emphasis added). To eliminate repetition, the new sentence at the end of this section should be deleted.
''Attend'' v. ''complete''
The section states that ''a veterinarian shall attend 8 clock hours of continuing education . . . .'' The House Committee suggested changing the word ''attend'' to ''complete'' (emphasis added). We agree that this change would clarify the requirements set forth in the regulation.
JOHN R. MCGINLEY,
Chairperson
[Pa.B. Doc. No. 01-471. Filed for public inspection March 16, 2001, 9:00 a.m.]
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