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PA Bulletin, Doc. No. 02-743

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF PSYCHOLOGY

[49 PA. CODE CH. 41]

Continuing Education--Ethics

[32 Pa.B. 2114]

   The State Board of Psychology (Board) hereby amends § 41.59 (relating to continuing education).

Statutory Authority

   The final-form rulemaking is authorized under section 15 of the Professional Psychologists Practice Act (63 P. S. § 1215).

Response to Public Comments and Regulatory Review

   Notice of proposed rulemaking was published at 31 Pa.B. 5270 (September 15, 2001). Publication was followed by a 30-day public comment period during which the Board did not receive any public comments. Following the close of the public comment period, the Board did not receive comments from the House Professional Licensure Committee, the Senate Consumer Protection and Professional Licensure Committee or the Independent Regulatory Review Commission (IRRC).

Amendments in Final-Form Rulemaking

   The final-form rulemaking clarifies that licensees may only carry over 10 contact hours of continuing education from the immediately preceding biennium into the next biennium. If any of the 10 carried-over contact hours were completed in ethical issues they may only be credited toward the general requirement, and not toward the ethical hours requirement. Licensees must complete 3 contact hours in ethical issues each biennium.

Compliance with Executive Order 1996-1, Regulatory Review and Promulgation

   The Board reviewed this final-form rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1.

Fiscal Impact and Paperwork Requirements

   The final-form rulemaking will have no adverse fiscal impact nor will it impose additional paperwork requirements on the Commonwealth, its political subdivisions or the public sector.

Sunset Date

   The Board continually monitors the effectiveness of its regulations through communication with the regulated population. Accordingly, no sunset date has been set.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 6, 2002, the Board submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 5270, to IRRC and to the Chairpersons of the House and Senate Committees for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Board has considered the comments received from IRRC, the Committees and the public.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on March 26, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, the amendment was deemed approved by IRRC effective April 2, 2002.

Contact Person

   Further information may be obtained by contacting Christina Stuckey, Administrative Assistant, State Board of Psychology, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7142, www.state.pa.us/bpoa/psybd/mainpage. htm.

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, 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)  This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 31 Pa.B. 5270.

   (4)  This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts.

Order

   The Board, acting under its authorizing statutes, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 41, are amended by amending § 41.59 to read as set forth at 31 Pa.B. 5270.

   (b)  The Board shall submit this order and 31 Pa.B. 5270 to the Office of General Counsel and the Office of Attorney General as required by law.

   (c)  The Board shall certify this order and 31 Pa.B. 5270 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect on final-form publication in the Pennsylvania Bulletin.

ALEX M. SIEGEL, J.D., Ph.D.,   
Chairperson

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 2041 (April 20, 2002).)

   Fiscal Note:  Fiscal Note 16A-639 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 02-743. Filed for public inspection April 26, 2002, 9:00 a.m.]


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