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PA Bulletin, Doc. No. 03-1602

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[33 Pa.B. 4129]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 24, 2003, and announced the following:

Regulation Disapproved

   State Board of Veterinary Medicine #16A-5712:  Professional Conduct; Prescription Drugs (amends 49 Pa. Code § 31.21)

Disapproval Order

Public Meeting held
July 24, 2003

Commissioners Voting:  Alvin C. Bush, Vice Chairperson, dissenting; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

State Board of Veterinary Medicine--Professional Conduct; Prescription Drugs; Regulation No. 16A-5712

   On June 10, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code § 31.21. The proposed regulation was published in the June 22, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 17, 2003.

   The final-form regulation establishes requirements and standards for prescribing and dispensing both prescription and nonprescription drugs. Additionally, the regulation allows a veterinarian to refuse a client's request for a written prescription if the veterinarian has a good faith belief that the prescription may be misused.

   One issue, which we raised in our comments, remains a concern. Our comments suggested that the final-form regulation require veterinarians to inform clients that they have the option of receiving a written prescription that can be filled elsewhere. The Board did not include this requirement in the final-form regulation.

   We believe that notification to the consumer of the opportunity to request a written prescription is in the public interest and will not impose an unreasonable burden upon veterinarians (71 P. S. § 745.5b(b)(1)(i) and (ii) and (b)(3)).

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 485.5(2)) and the intention of the General Assembly. However, after considering all of the other criteria of the Regulatory Review Act discussed, we find promulgation of this regulation is not in the public interest.

By Order of the Commission:

   This regulation is disapproved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 03-1602. Filed for public inspection August 15, 2003, 9:00 a.m.]


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