RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF FUNERAL DIRECTORS
[49 PA. CODE CH. 13]
Limited License
[35 Pa.B. 1667] The State Board of Funeral Directors (Board) amends §§ 13.1 and 13.12 (relating to definitions; and fees) and adds § 13.77 (relating to limited license).
Description and Need for the Amendment
The act of June 22, 2000 (P. L. 376, No. 48) authorized the Board to enter into an agreement with the appropriate licensing authority of any other state to issue limited licenses to funeral directors licensed in that state, so long as the other state would extend similar privileges to funeral directors licensed in this Commonwealth. Acting under a limited license, an out-of-State funeral director may enter this Commonwealth for the purpose of removing, transporting and burying dead human bodies and directing funerals. A limited license does not authorize the out-of-State funeral director to maintain an establishment or to hold himself out as a funeral director in this Commonwealth. This final-form rulemaking implements limited licensure in this Commonwealth for out-of-State funeral directors.
Summary of Comments and Responses to the Proposed Rulemaking
The Board published notice of proposed rulemaking at 34 Pa.B. 1961 (April 10, 2004) with a 30-day public comment period. The Board did not receive any comments from the public. The Board received a single comment from the House Professional Licensure Committee (HPLC) as part of its review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1--745.12). The Board did not receive comments from the Independent Regulatory Review Commission (IRRC) or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) as part of their review of proposed rulemaking under the Regulatory Review Act.
Section 9(c) of the Funeral Director Law (act) (63 P. S. § 479.9(c)) requires that any limited license agreement entered into by the Board must include a provision that that ''any disciplinary action [taken against the holder of a limited license] shall be reported to the corresponding licensing authority [of the limited license holder's home state].'' Section 13.77(d) reads that the Board ''will'' report to the reciprocal state any disciplinary action taken against the holder of a limited license. The HPLC commented that because this provision imposes a duty upon the Board, the term ''shall'' should be used instead of ''will.'' In drafting this proposed rulemaking, the Board looked to section 6.8(c) of the Pennsylvania Code and Bulletin Style Manual of the Legislative Reference Bureau that directs agencies to use ''will'' when the agency pledges to act and ''shall'' when anyone else has a duty to act. Through this rulemaking, the Board pledges to take action, in addition to having the existing statutory duty to do so. Therefore, the Board has retained the language as proposed.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Effective date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The final rulemaking is authorized under sections 9(c) and 16(a) of the Funeral Director Law (63 P. S. §§ 479.9(c) and 479.16(a)).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 30, 2004, the Board submitted a copy of the notice of proposed rulemaking published at 34 Pa.B. 1961, to IRRC and the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 17, 2004, the final-form rulemaking was approved by the HPLC. On February 9, 2005, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective February 9, 2005.
Additional Information
Persons who require additional information about the final-form rulemaking should submit inquiries to Michelle T. Smey, Administrator, State Board of Funeral Directors, by mail to P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397 or st-funeral@state.pa.us.
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 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) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 13, are amended by amending §§ 13.1 and 13.12 and by adding § 13.77 to read as set forth at 34 Pa.B. 1961.
(b) The Board shall submit this order and 34 Pa.B. 1961 to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and 34 Pa.B. 1961 and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
JANICE H. MANNAL, FD,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 35 Pa.B. 1487 (February 26, 2005).)
Fiscal Note: Fiscal Note 16A-4810 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-445. Filed for public inspection March 11, 2005, 9:00 a.m.]
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