NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[32 Pa.B. 2954] The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, May 30, 2002, and took the following actions:
Regulations Approved
State Board of Optometry #16A-5210: Therapeutic Certification (amends 49 Pa. Code §§ 23.201 and 23.202)
Navigation Commission for the Delaware River and its Navigable Tributaries #16A-662: Navigation Licensure and Renewal (amends 4 Pa. Code Chapters 401, 402 and 405 and deletes 4 Pa. Code Chapter 403)
State Board of Physical Therapy #16A-656: Sexual Misconduct (adds sections 49 Pa. Code §§ 40.301--40.304)
Approval Order Public Meeting held
May 30, 2000Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner
State Board of Optometry--Therapeutic Certification; Regulation No. 16A-5210
On May 1, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code §§ 23.201 and 23.202. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation deletes Section 23.201 from the Board's regulations because the Commonwealth Court, in Rand v. Pennsylvania State Board of Optometry, 762 A.2d 392 (Pa. Commw. Ct. 2000), deemed the section to be beyond the Board's statutory authority. Section 23.202 is amended to update references to section 23.201 with a citation to section 4.1 of the Optometric Practice and Licensure Act.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 244.3(b)(14)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Approval Order Public Meeting held
May 30, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner
Navigation Commission for the Delaware River and its Navigable Tributaries--Navigation Licensure and Renewal; Regulation No. 16A-662
On June 14, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Navigation Commission for the Delaware River and its Navigable Tributaries (NCDR). This rulemaking amends Chapters 401, 402 and 405, and deletes Chapter 403 of Title 4 Pa. Code. The proposed regulation was published in the June 24, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 1, 2002.
The final-form regulation implements requirements relating to drug testing, continuing education, specialized training and mandatory pilot trips to ensure current knowledge of river conditions; eliminates obsolete or unnecessary provisions and improves organization and clarity. The NCDR indicates that this regulation will have little to no fiscal impact on the regulated community, Commonwealth, local governments or private sector.
We have determined this regulation is consistent with the statutory authority of the NCDR (55 P. S. § 31 and 71 P. S. § 670.2(4)) and the intention of the General Assembly. Having considered all of the other criteria of theRegulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Approval Order Public Meeting held
May 30, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner
State Board of Physical Therapy--Sexual Misconduct; Regulation No. 16A-656
On March 6, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking adds Sections 40.301--40.304 to 49 Pa. Code. The proposed regulation was published in the March 17, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 1, 2002.
The final-form regulation sets forth standards relating to issues of sexual misconduct for physical therapists and physical therapist assistants. Specifically, the regulation defines the period of the professional relationship between the licensee and the patient; identifies sexual impropriety and sexual violation as prohibited conduct; precludes patient consent and the patient's past sexual conduct as defenses in proceedings alleging sexual misconduct and excludes licensees who engage in sexual misconduct from placement in an impaired professional program.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1303(a)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 02-1069. Filed for public inspection June 14, 2002, 9:00 a.m.]
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