RULES AND REGULATIONS
Title 37--LAW
CORONERS' EDUCATION BOARD
[37 PA. CODE CH. 199]
Education Requirements
[31 Pa.B. 3191] The Coroners' Education Board (Board), housed in the Office of Attorney General, by this order adds Chapter 199 (relating to duties of the Coroners' Education Board) to read as set forth in Annex A.
This final-form rulemaking was adopted by the Board at its meetings of January 18, 2000, and November 13, 2000.
A. Effective Date
The rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information contact Andrea F. McKenna, Senior Deputy Attorney General, Office of Attorney General, 16th floor, Strawberry Square, Harrisburg, PA 17120, (717) 787-6348, amckenna@attorneygeneral.gov or Gwendolyn Casey, Executive Secretary to the Board, Office of Attorney General, 16th Floor Strawberry Square, Harrisburg, PA 17120, (717) 783-3014, gcasey@attorney general.gov.
C. Statutory Authority
Final-form rulemaking is made under authority of section 6 of the act of March 2, 1988 (P. L. 108, No. 22), known as the Coroners' Education Board Law (act) (16 P. S. §§ 9525.1--9525.6) and section 506 of The Administrative Code of 1929 (71 P. S. § 186).
D. Background and Purpose
Final-form rulemaking regulates the duties of the Board as set forth in the act to establish a course of instruction to be given to coroners upon first election to office as well as to chief deputy and full-time deputy coroners; to prepare a written examination to be given at the conclusion of each course of instruction; to set tuition for the courses of instruction; to determine what offerings qualify for continuing education requirements; and to notify the Governor or the appropriate county officer when persons bound by the act fail to comply with its requirements. These regulations codify existing practices of the Board in carrying out its statutory duties and provides guidance to coroners and their deputies bound by the provisions of the act.
E. Summary of Regulatory Requirements and Changes from Proposed to Final
These regulations are the first regulations promulgated by the Coroners' Education Board. A summary of final-form rulemaking follows:
Chapter 199. Coroners' Education Board § 199.1. Definitions.
Section 199.1 defines terms used as words of art in the regulation of activities of the Board, namely: ''act,'' ''Basic Education Course,'' ''Board,'' ''certification,'' ''continuing education,'' ''examination,'' ''full-time deputy coroner'' and ''just-cause.'' Final rulemaking enlarges the definition of ''just-cause'' to include ''instances when an appointment to fill a vacancy occurs prior to the next scheduled Basic Education Course.''
§ 199.2. Application of act.
Section 191.2 designates the categories of persons subject to final-form rulemaking.
§ 199.3. Appeal.
Final-form rulemaking adds § 199.3 which provides that any coroner or deputy aggrieved by a decision of the Board has the right to appeal according to the provisions of 2 Pa.C.S. (relating to administrative law and procedure).
§ 199.11. Board chairperson.
This provision establishes how and when the Board will elect its chairperson.
§ 199.12. Temporary chairperson.
This section describes the process by which a temporary chairperson will be selected in the absence of the elected chairperson. Final-form rulemaking clarifies that approval of the temporary chairperson is to come from the majority of Board members present.
§ 199.13. Meeting schedule.
This provision establishes the number of times the Board will meet yearly and establishes when the annual meeting schedule is to be set.
§ 199.21. General requirement.
This section addresses the general requirement that all newly elected coroners and newly appointed chief deputy and full-time deputy coroners attend the Basic Education Course and pass the examination. The provision states the minimum hours of necessary instruction and the time period in which the course will be offered. Final-form rulemaking includes forensic autopsies among the topics to be included in the course of instruction.
§ 199.22. Basic education costs.
Final-form rulemaking adds this section which provides that costs for persons statutorily required to take the Basic Education Course are to be the minimum necessary to pay the cost of instruction and room and board and provides that a list of cost options to attend the Basic Education Course will be available from the Board.
§ 199.23. Postponement for just cause.
This provision establishes that the Board has discretion to determine ''just cause'' to postpone compliance with any provision of the act and establishes a time frame in which persons seeking an exemption must initiate contact with the Board.
§ 199.24. Exemption for qualified forensic pathologist.
This section derives from the Board's statutory authority to exempt persons otherwise required to take the Basic Education Course who are physicians licensed and certified in this Commonwealth. This section sets standards for the exercise of that discretion.
§ 199.25. Exemptions for licensed professionals.
Taking into account comments informally received from several physicians, and mindful of the specialized knowledge required of coroners, this section establishes that no licensed professionals, other than licensed forensic pathologists, will be eligible for exemption from the requirement of attending the Basic Education Course and passing the examination.
§ 199.26. Eligibility for certification.
This provision addresses certification of both persons statutorily required to take the Basic Education Course and pass the examination and also persons who take the course voluntarily.
§ 199.27. Failure of coroner to attend Basic Education Course or to pass examination.
This section addresses the notification duties of the Board when a person elected for the first time to the office of coroner fails to attend the Basic Education Course and pass the examination.
§ 199.28. Failure of chief deputy coroner to attend Basic Education Course or to pass examination.
This provision addresses the notification duties of the Board when a chief deputy coroner or full-time deputy coroner fails to attend the Basic Education Course and pass the examination.
§ 199.30. Appointments made more than 6 months prior to course.
Section 199.30 addresses procedures for meeting basic education requirements when an appointment to office is made more than 6 months prior to the next scheduled Basic Education Course.
§ 199.41. Continuing education.
This provision relates to the statutory requirement that coroners and deputy coroners obtain a minimum of 8 hours of continuing education credits in each calendar year. Final-form rulemaking adds the directive that continuing education credits be obtained in subject areas relevant to the statutorily defined duties of coroners and deputy coroners.
§ 199.42. Approval of course for continuing education credit.
This provision sets out the procedure for obtaining approval of a course for continuing education. Final-form rulemaking changes the period in which approval must be sought from 3 months to 90 days prior to the date of instruction.
§ 199.43. Standards for course approval.
This provision establishes criteria to guide the Board's discretion in approving a course for continuing education credit. Final-form rulemaking enlarges the criteria to include the education and relevant experience of the course instructors.
§ 199.44. Approval by chairperson.
Section 199.30 permits the Board chairperson to approve courses for continuing education credit subject to ratification by the Board.
§ 199.45. Board ratification.
This section sets the schedule for Board ratification of the chairperson's approval of courses for continuing education credit.
§ 199.46. Approval by simple majority.
This provision establishes the required vote for Board ratification of the chairperson's approval of a course for continuing education credit.
§ 199.47. Unit of credit.
This section establishes what shall constitute a unit of continuing education credit, limits the amount of continuing education credit available in a calendar year and establishes the amount of continuing education credit to be awarded teachers of approved course.
§ 199.48. Continuing education for persons required to attend Basic Education Course.
This provision states continuing education requirements for newly elected and newly appointed coroners and deputies.
§ 199.49. Failure of coroner to meet continuing education requirements.
This provision states the action the Board will take in the event a coroner fails to meet yearly continuing education requirements.
§ 199.50. Failure of chief deputy coroner or full-time deputy coroner to meet continuing education requirements.
This provision states the action the Board will take in the event a chief deputy coroner or full-time deputy coroner fails to meet yearly continuing education requirements.
§ 199.61. Statement of Board approval.
This section informs continuing education course providers of the need to have written authorization from the Board prior to representing that the course offering is approved for continuing education credit.
§ 199.62. Verification of attendance.
The provision informs continuing education providers of recordkeeping and notification requirements.
§ 199.63. Certificate of attendance.
This section informs continuing education providers of requirements pertaining to certification of attendance.
§ 199.64. Notification to Board.
This provision informs course providers of requirements for reporting attendance and credit hours to the Board.
§ 199.71. Board to maintain current list.
This section states the Board will keep a list of all currently elected coroners.
§ 199.72. Coroners' duty to notify Board.
This provision informs coroners of the responsibility to provide the Board with the names of all chief deputy coroners and full-time deputy coroners. Final-form rulemaking clarifies the relevant time period from 1 month to 30 days following appointment.
F. Summary of Comments and Responses on the Proposed Rulemaking
Notice of proposed rulemaking was published at 30 Pa.B. 1871 (April 8, 2000). The Board received comments only from the Independent Regulatory Review Commission (IRRC). All comments submitted to the Board were duly considered and final-form rulemaking was revised to reflect the commentators' suggestions or objections on the proposal.
The comments from IRRC focused on clarity of language and consistency with the enabling statutes. The Board, accordingly, made revisions in final-form rulemaking to comport with the suggestions of the IRRC. For example, the Board has stricken proposed regulations attaching consequences for failure to meet continuing education requirements. This change was made because there is no statutory authority for creating those consequences. At the direction of IRRC, the Board has amended the proposed rulemaking to include notice of the right to appeal decisions of the Board in accordance with provisions of administrative law and procedure. In response to IRRC, the Board has included a proposed regulation pertaining to the fixing of costs for those statutorily required to attend the Basic Education Course. Final-form rulemaking includes a more complete description of the Basic Education Course curriculum and more fully describes standards for Board approval of courses proposed for continuing education credit.
G. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulations.
(1) Benefits
In accordance with Executive Order 1996-1, Regulatory Review and Promulgation, the Board has sought in final-form rulemaking to achieve clear and, where possible, nontechnical language. Likewise, it has reviewed and incorporated comments pertaining to clarity of language received from IRRC.
(2) Costs
The final-form regulations will impose no new costs on the private sector or on the general public.
(3) Paperwork requirements
The final-form regulations will not increase paperwork.
H. Sunset Date
The Board will continuously monitor its regulations; therefore, no sunset date has been assigned.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 23, 2000, the Board submitted a copy of the proposed rulemaking, published at 30 Pa.B. 1871, to IRRC, the Office of the Budget and the chairpersons of the House and Senate Judiciary Committees. The Board was later notified that the Senate Local Government Committee was to receive proposed rulemaking, in lieu of the Senate Judiciary Committee. This over-sight was corrected and a copy of the proposed rulemaking submitted to the Chairperson of the Senate Local Government Committee in June of 2000. IRRC issued written comments on July 24, 2000.
In preparing the final-form regulations, the Board has considered all comments received from the Commission. Neither the Committees nor the public provided comments on the proposed rulemaking.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on April 23, 2001, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on May 3, 2001, and approved the final-form regulations.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These amendments to proposed rulemaking do not enlarge the purpose of proposed rulemaking published at 30 Pa. B. 1871.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Part C of this order.
L. Order of the Board
The Board, acting under its authorizing statutes, orders that:
(a) Title 37 of the Pa. Code is amended by adding §§ 199.1--199.3, 199.11--199.13, 199.21--199.30, 199.41--199.51, 199.61--199.64, 199.71 and 199.72 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The order shall take effect on publication in the Pennsylvania Bulletin.
MICHAEL L. NORRIS,
Chairperson(Editor's Note: The addition of §§ 199.3 and 199.30 were not included in the proposal at 30 Pa.B. 1871. The proposal to add § 199.52 has been withdrawn by the Board. For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 2641 (May 19, 2001).)
Fiscal Note: Fiscal Note 59-7 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 37. LAW
PART III. AGENCIES AND OFFICES
Subpart M. CORONERS
CHAPTER 199. CORONERS' EDUCATION BOARD GENERAL
Sec.
199.1. Definitions. 199.2. Application of act. 199.3. Appeal procedure. ORGANIZATION OF THE BOARD
199.11. Board chairperson. 199.12. Temporary chairperson. 199.13. Meeting schedule. BASIC EDUCATION COURSE
199.21. General requirement. 199.22. Basic Education Course costs. 199.23. Postponement for just cause. 199.24. Exemption for qualified forensic pathologists. 199.25. Exemptions for licensed professionals. 199.26. Eligibility for certification. 199.27. Failure of coroner to attend Basic Education Course or to pass examination. 199.28. Failure of chief deputy coroner or full-time deputy coroner to attend Basic Education Course or pass examination. 199.29. Appointees' basic education requirement. 199.30. Appointments made more than 6 months prior to course. CONTINUING EDUCATION
199.41. Continuing education. 199.42. Approval of course for continuing education credit. 199.43. Standards for course approval. 199.44. Approval by chairperson. 199.45. Board ratification. 199.46. Approval by simple majority. 199.47. Unit of credit. 199.48. Continuing education for persons required to attend Basic Education Course. 199.49. Failure of coroner to meet continuing education requirements. 199.50. Failure of chief deputy coroner or full-timer deputy coroner to meet continuing education requirements. 199.51. Requirements for reappointees to vacancies. RESPONSIBILITY OF EDUCATION PROVIDERS
199.61. Statement of Board approval. 199.62. Verification of attendance. 199.63. Certificate of attendance. 199.64. Notification to Board. REGISTRATION OF CORONERS AND DEPUTIES
199.71. Board to maintain current list. 199.72. Coroners' duty to notify Board.
GENERAL § 199.1. Definitions.
The following words and terms, when used in this chapter have the following meanings, unless the context clearly indicates otherwise:
Act--The Act of March 2, 1988 (P. L. No. 1988--No. 22) (16 P. S. §§ 9525.1--9525.6).
Basic Education Course--The course of instruction required by the act to be given to coroners upon their first election to office and to chief deputy and full-time deputy coroners upon first being appointed to either position.
Board--The Coroners' Education Board.
Certification--Documentation issued by the Board indicating that education requirements have been met.
Continuing education--Yearly educational requirement mandated by the act for every coroner, chief deputy coroner and full-time deputy coroner.
Examination--The examination given at the conclusion of the Basic Education Course.
Full-time deputy coroner--An individual employed by a county and deemed by the county to be ''full-time.''
Just-cause--Instances such as job-related emergencies, or illness or accident suffered either by a person required to meet basic education requirements or by the person's immediate family or death of the person's immediate family member or in instances when an appointment to fill a vacancy occurs prior to the next scheduled Basic Education Course.
§ 199.2. Application of act.
Coroners, whether elected or appointed, and their deputies, are subject to the act and of this chapter.
§ 199.3. Appeal procedure.
A coroner or deputy aggrieved by a decision of the Board has the right to appeal in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
ORGANIZATION OF THE BOARD § 199.11. Board chairperson.
The Board members will elect a chairperson from the Board membership at the first regularly scheduled meeting of each calendar year.
§ 199.12. Temporary chairperson.
In the absence of the elected chairperson, any Board member may serve as temporary chairperson with the approval of a majority of the Board members present.
§ 199.13. Meeting schedule.
The Board will schedule six regular meetings per calendar year, with the meeting dates to be set at or before the first meeting of the calendar year.
BASIC EDUCATION COURSE § 199.21. General requirement.
Newly elected coroners and newly appointed chief deputy and full-time deputy coroners shall attend the Basic Education Course and pass the examination.
(1) The Basic Education Course is a minimum 32 hours of instruction given between the date of each municipal election and December 31 of that year.
(2) The course of instruction includes subjects such crime-scene investigation, toxicology, forensic autopsies and the legal duties of a coroner.
(3) A written examination is given at the conclusion of the course.
§ 199.22. Basic Education Course costs.
Costs for those persons statutorily required to attend the Basic Education Course will be the minimum necessary to pay the cost of instruction, required course materials, and room and board. A schedule of cost options to attend the Basic Education Course is available upon request from the Board.
§ 199.23. Postponement for just cause.
The determination of the existence of just cause to postpone attendance at the Basic Education Course or completion of the examination, will be at the discretion of the Board. The person seeking exemption bears the responsibility of initiating contact with the Board within 30 days of the event asserted as just cause.
§ 199.24. Exemption for qualified forensic pathologists.
A licensed forensic pathologist may be exempt from the requirement of attendance at the Basic Education Course and completion of the examination. The Board will determine eligibility for exemption. Based upon the applicant's ability to demonstrate active, current involvement in the practice of forensic pathology.
§ 199.25. Exemptions for licensed professionals.
With the exception of § 199.23 (relating to exemption for qualified forensic pathologists), exemptions from § 199.21 (relating to general requirement) will not be permitted based on other types of education or experience.
§ 199.26. Eligibility for certification.
(a) Persons statutorily required to complete the Basic Education Course and pass the examination will receive certification from the Board.
(b) Persons who are under no statutory obligation to do so, but who register for the Basic Education Course through the Board, attend the course and pass the examination, will receive certification. Certification will expire in 1 year, unless the Board receives evidence of yearly compliance with the continuing education requirement.
§ 199.27. Failure of coroner to attend Basic Education Course or to pass examination.
When a person elected for the first time to the office of coroner fails to attend the Basic Education Course and pass the examination, the Board will notify the Governor, following the last Board meeting of the year, unless the Board has postponed compliance for just cause.
§ 199.28. Failure of chief deputy coroner or full-time deputy coroner to attend Basic Education Course or pass examination.
When a chief deputy coroner or full-time deputy coroner fails to attend the Basic Education Course and pass the examination, the Board will notify the coroner of the appropriate county and the county commissioners or county executive, as appropriate, unless the Board has postponed compliance for just cause. The notification will be made in writing within 30 days of the examination.
§ 199.29. Appointees' basic education requirement.
A person appointed to fill a vacancy in the office of coroner who has never taken the Basic Education Course and passed the examination shall attend the next scheduled course and pass the examination given at its conclusion. The failure to meet the basic education requirement will result in a vacancy in the office.
§ 199.30. Appointments made more than 6 months prior to course.
When a chief deputy coroner or full-time deputy is appointed more than 6 months before the next scheduled Basic Education Course, the coroner making the appointment shall apply to the Board for an extension of time in which the deputy may take the required course.
CONTINUING EDUCATION § 199.41. Continuing education.
Coroners and deputy coroners are required to obtain a minimum of 8 hours of continuing education credits in each calendar year. Continuing education credits are to be obtained in subject areas relevant to the statutorily defined duties of coroners and deputy coroners.
§ 199.42. Approval of course for continuing education credit.
Persons seeking to have a course approved for continuing education credit shall submit a course approval application form to the chairperson of the Board at least 90 days prior to the date of instruction. Approval will not be given retroactively.
§ 199.43. Standards for course approval.
In evaluating the suitability of a course proposed for continuing education credit, the chairperson and the Board shall consider factors such as the relevancy of the course content to the duties of the coroner and the qualifications of the course instructors, including education and experience in the subject matter of the course.
§ 199.44. Approval by chairperson.
The chairperson of the Board has the right to approve courses for continuing education credits subject to ratification by the Board.
§ 199.45. Board ratification.
Continuing education courses approved by the chairperson of the Board will be proposed for Board ratification at the next regularly scheduled Board meeting.
§ 199.46. Approval by simple majority.
Concurrence by a simple majority of the Board is needed to ratify the chairperson's approval of a course for continuing education.
§ 199.47. Unit of credit.
(a) Attendees at approved continuing education courses will be granted 1 hour of continuing education credit for 1 hour of instruction. Credit in excess of 8 hours will not be given.
(b) Teachers at an approved continuing education course will be granted 1 hour of continuing education credit for each hour of instruction. Credit in excess of 8 hours will not be given.
§ 199.48. Continuing education for persons required to attend Basic Education Course.
Within the first year of election or appointment, persons required to complete the Basic Education Course shall also obtain 8 hours of continuing education.
§ 199.49. Failure of coroner to meet continuing education requirements.
When a person holding the office of coroner fails to meet yearly continuing education requirements, the Board will notify the Governor, in writing, following the last Board meeting of the calendar year.
§ 199.50. Failure of chief deputy coroner or full-time deputy coroner to meet continuing education requirements.
When a chief deputy coroner or full-time deputy coroner fails to meet yearly continuing education requirements, the Board will notify the coroner of the proper county and the county commissioners or county executive, as appropriate. The notification will be made in writing following the last Board meeting of the year.
§ 199.51. Requirements for reappointees to vacancies.
If a coroner reappoints a chief deputy or full-time deputy to a vacancy created by that individual's failure to meet the yearly continuing education requirement, the Board will deem that individual to be newly appointed and subject to § 199.21 (relating to general requirement).
RESPONSIBILITY OF EDUCATION PROVIDERS § 199.61. Statement of Board approval.
Course providers may not represent that a course has been approved for continuing education requirements unless written authorization has been received from the Board.
§ 199.62. Verification of attendance.
Course providers are responsible for taking attendance, verifying attendance upon Board request and notifying course attendees of approved hours of credit.
§ 199.63. Certificate of attendance.
Course providers are responsible for providing a written certificate of attendance to the attendee indicating course title and date, the name of course provider and the number of hours of approved credit earned.
§ 199.64. Notification to Board.
Course providers shall submit to the Board a list of all course attendees with the number of credit hours earned, within 60 days of completion of the course.
REGISTRATION OF CORONERS AND DEPUTIES § 199.71. Board to maintain current list.
The Board will maintain a list of all currently elected coroners.
§ 199.72. Coroners' duty to notify Board.
Coroners shall provide the Board with the names of all chief deputy coroners and full-time deputy coroners within 30 days of their appointment. Coroners shall notify the Board within 30 days of the departure of chief deputy and full-time deputy coroners. Notification shall be made in writing addressed to Chairperson, Coroners' Education Board, c/o Office of Attorney General, 16th Floor Strawberry Square, Harrisburg, Pennsylvania 17120.
[Pa.B. Doc. No. 01-1040. Filed for public inspection June 15, 2001, 9:00 a.m.]
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