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PA Bulletin, Doc. No. 04-630

NOTICES

Notice of Comments Issued

[34 Pa.B. 2028]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.


Reg. No. Agency/Title Close of the Public Comment Period IRRC Comments Issued
2-142 Department of Agriculture
Sheep and Lamb Marketing Program; Wine Marketing and Research Program
(34 Pa.B. 561 (January 31, 2004))		3/1/04 3/31/04
16A-5313 State Board of Osteopathic Medicine
Continuing Medical Education
(34 Pa.B. 563 (January 31, 2004))		3/1/04 3/31/04
16A-448 State Board of Podiatry
Sexual Misconduct
(34 Pa.B. 565 (January 31, 2004))		3/1/04 3/31/04

____

Department of Agriculture Regulation No. 2-142

Sheep and Lamb Marketing Program; Wine Marketing and Research Program

March 31, 2004

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Department of Agriculture (Department) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on March 1, 2004. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  Section 104.71. Scope.--Clarity.

   Section 104.71 states that persons who produce or sell wine under the authority of a limited winery license will be required to pay producer charges to the Wine Marketing and Research Program (Program). The Department should add a citation in this section to 47 P. S. § 5-505.2 regarding limited wineries in the Liquor Code.

2.  Section 104.72. Definitions.--Need; Clarity.

   The terms ''marketing contract,'' ''PLCB'' and ''ACMA'' are defined in this section but not used elsewhere in the regulation. We question the need for defining these terms. The Department should delete these terms from this section in the final-form regulation.

3.  Section 104.75. Accounting and payment.--Clarity.

Subsection (a)(2)

   This subsection includes the language ''or other time period designated by the Program.'' What would be an ''other time period'' besides what is stated in the definition of ''marketing season''? The Department should either specify what an ''other time period'' would be or delete it from this subsection.

Subsection (e)

   This subsection requires producers to pay a penalty for nonpayment of producer charges ''of at least $100 but not more than $5,000, and as nearly equivalent to 100% of the amount of the delinquent producer charges as is practicable.'' We note in the Vegetable Marketing and Research Program and the Peach and Nectarine Research Program the maximum fine levied is $500. Why has the Department chosen to implement a much higher fine for this Program? The preamble should include the Department's reasoning for the fines in this subsection.

____

State Board of Osteopathic Medicine Regulation No. 16A-5313

Continuing Medical Education

March 31, 2004

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The State Board of Osteopathic Medicine (Board) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on March 1, 2004. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  Section 25.1. Definitions.--Reasonableness; Clarity.

Approved course

   There are two concerns pertaining to this definition. First, it limits ''approved courses'' to those accredited by the Accreditation Council on Continuing Medical Education (ACCME) or the American Osteopathic Association (AOA). Will the Board accept courses accredited by other organizations such as State medical associations or the American Medical Association?

   Second, the definition of ''approved course'' should include credits that are not formally accredited by the ACCME and the AOA. Alternatively, the Board could amend the language of § 25.271 to allow other credits for the remaining credit hours.

2.  Section 25.271. Requirements for renewal.--Implementation procedures; Feasibility; Reasonableness; Clarity.

Sufficient notice

   The House Professional Licensure Committee questions whether licensees have received sufficient notice to complete continuing education by the deadline for license renewal. The Board should explain:

   *  The specific date a licensee will be required to certify completion of ten continuing education credits in the area of patient safety and risk management to renew a license.

   *  What notice the Board has given to licensees of this continuing education obligation.

   *  How licensees can reasonably comply with this requirement by the Board's deadline.

Approved courses in the area of patient safety and risk management

   Related to our comment on the definition of ''approved course,'' are the 10 credit hours in patient safety and risk management required to be Category I or Category II courses?

Remaining credit hours

   Subsection (c)(1) has a typographical error. It should state ''. . . the remaining 70 credit hours. . . .''

____

State Board of Podiatry Regulation No. 16A-448

Sexual Misconduct

March 31, 2004

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The State Board of Podiatry (Board) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on March 1, 2004. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  Section 29.21a. Sexual misconduct.--Protection of the public health, safety and welfare; Reasonableness.

   Paragraph (1)(ii) prohibits sexual exploitation of a current patient by a podiatrist. This prohibition, however, does not include former patients or immediate family members of current or former patients.

   In its comments, the House Professional Licensure Committee (Committee) recommended that the Board adopt sexual misconduct regulations that are similar to those adopted by the State Board of Medicine in 49 Pa. Code § 16.110. The Committee notes that those regulations address situations involving immediate family members of patients and former patients.

   The provision in the State Board of Medicine's regulations regarding sexual exploitation in 49 Pa. Code § 16.110(a) addresses family members of patients. We agree with the Committee that the approach adopted by the State Board of Medicine regarding sexual exploitation is more protective of the public health, safety and welfare than a prohibition that applies solely to current patients. Therefore, we suggest that the Board amend paragraph (1)(ii) to prohibit sexual exploitation of current and former patients, as well as their immediate family members.

2.  Section 29.1. Definitions.--Clarity.

Sexual exploitation

   If the Board agrees with our suggestion to apply the prohibition on sexual exploitation to current and former patients, as well as their immediate family members, then it should amend the definition of ''sexual exploitation.'' Specifically, the phrase ''with a current patient'' should be deleted.

Immediate family member

   If the Board applies the prohibition on sexual exploitation to immediate family members of patients, then the term ''immediate family member'' should be defined in the final-form regulation. We suggest that the Board adopt the definition found in the State Board of Medicine's regulations in 49 Pa. Code § 16.1 which reads ''A parent or guardian, child, sibling, spouse, or other family member, whether related by blood or marriage, with whom a patient resides.''

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 04-630. Filed for public inspection April 9, 2004, 9:00 a.m.]


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