NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[35 Pa.B. 2703] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, April 14, 2005, and announced the following:
Regulations Approved
Insurance Department #11-224: Medicare Supplement Insurance Minimum Standards (amends 31 Pa. Code Chapter 89)
State Board of Occupational Therapy Education and Licensure #16A-675: Oral Orders (amends 49 Pa. Code Chapter 42)
State Board of Dentistry #16A-4614: Administration of General Anesthesia, Deep Sedation, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia (amends 49 Pa. Code Chapter 33)
State Board of Dentistry #16A-4615: Biennial Renewal Fees--Dentist, Restricted Anesthesia Permit II (amends 49 Pa. Code Chapter 33)
State Board of Osteopathic Medicine #16A-5313: Continuing Medical Education (amends 49 Pa. Code Chapter 25)
State Board of Medicine #16A-4918: Disciplinary Process and Procedures (amends 49 Pa. Code § 16.51 and adds §§ 16.55, 16.56, 16.57 and 16.58)
Pennsylvania Public Utility Commission #57-223: Filing Requirements Relating to Water and Wastewater Public Utilities (amends 52 Pa. Code Chapter 53)
Approval Order Public Meeting held
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Insurance Department--Medicare Supplement Insurance Minimum Standards; Regulation No. 11-224 On February 11, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 89. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation amends the requirements for Medicare Supplement Insurance policies to comply with Federal requirements of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The amendments conform to the National Association of Insurance Commissioners revised model regulation. Federal law mandates these amendments in order for a state to retain primacy.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186) 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
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Occupational Therapy Education and Licensure--Oral Orders; Regulation No. 16A-675 On March 11, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Occupational Therapy Education and Licensure (Board). This rulemaking amends 49 Pa. Code Chapter 42. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation incorporates a change to the Occupational Therapy Practice Act made by Act 30 of 2004 that permits occupational therapists to provide therapy to a patient based on a referral from a licensed optometrist.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1505(b)) 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
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Dentistry--Administration of General Anesthesia, Deep Sedation, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia; Regulation No. 16A-4614 On March 30, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Chapter 33. The proposed regulation was published in the April 10, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2005.
This regulation amends practice requirements relating to the administration of anesthesia, deep sedation, conscious sedation and nitrous oxide/oxygen analgesia.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 122(o)) 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
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Dentistry--Biennial Renewal Fees--Dentist, Restricted Anesthesia Permit II; Regulation No.16A-4615 On September 29, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Chapter 33. The proposed regulation was published in the October 9, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2005.
This regulation makes revisions to the Board's fee structure including an increase in the biennial license renewal fee for dentists. The current fees no longer cover the cost of sustaining the Board's operations.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 123(b)) 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
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Osteopathic Medicine--Continuing Medical Education; Regulation No. 16A-5313 On January 20, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. The proposed regulation was published in the January 31, 2004 Pennsylvania Bulletin with a 30-day public comment period. The Board submitted a final-form regulation on October 1, 2004, but subsequently withdrew it on October 18, 2004, to make technical changes. This final-form regulation was submitted to the Commission on March 11, 2005.
This regulation implements the continuing medical education requirements of Act 13 of 2002, including requirements for continuing education in patient safety and risk management.
We have determined this regulation is consistent with the statutory authority of the Board (40 P. S. § 1303.910) 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
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Medicine--Disciplinary Process and Procedure; Regulation No. 16A-4918 On March 30, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends § 16.51 and adds §§ 16.55, 16.56, 16.57 and 16.58 in 49 Pa. Code. The proposed regulation was published in the April 10, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 23, 2005.
This regulation codifies the process and procedures for handling complaints submitted to the Board. It establishes provisions for appointing hearing examiners; submitting and processing of complaints; formal hearings open to public; and appeals.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 422.8 and 422.9) 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
April 14, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Pennsylvania Public Utility Commission--Filing Requirements Relating to Water and Wastewater Public Utilities; Regulation No. 57-223 On February 19, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 53. The proposed regulation was published in the March 1, 2003 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 2, 2005.
This rulemaking revises the filing requirements for water and wastewater public utilities when they request a general rate increase in excess of one million dollars. These filing requirements are more streamlined than those in existing regulation and also delete obsolete requirements.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 501(b)) 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. 05-860. Filed for public inspection April 29, 2005, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
