NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[35 Pa.B. 6390]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 3, 2005, and announced the following:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 2, 2005

   State Real Estate Commission #16A-5612: Biennial Renewal Fee Increases (amends 49 Pa. Code § 35.203)

   State Board of Pharmacy #16A-5414: Biennial Renewal Fees (amends 49 Pa. Code Chapter 27)

Regulations Approved

   State Board of Cosmetology #16A-4512: Biennial Renewal Fee Increase (amends 49 Pa. Code Chapter 7)

   State Board of Nursing #16A-5118: Approval of Diploma Programs in Transition to Degree-Granting Status (amends 49 Pa. Code § 21.51)

   State Board of Nursing #16A-5116: CRNP Prescriptive Authority Fees (amends 49 Pa. Code § 21.253)

   State Board of Funeral Directors #16A-489: Continuing Education (amends 49 Pa. Code Chapter 13)

   Department of Agriculture #2-147: Nutrient Management Certification (amends 7 Pa. Code Chapter 130b)

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Approval Order

Public Meeting held
November 3, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson by phone; Arthur Coccodrilli; John F. Mizner, Esq.; Murray Ufberg, Esq. by phone

State Board of Cosmetology--Biennial Renewal Fee Increase; Regulation No. 16A-4512

   On April 13, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regula-tion from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code Chapter 7. The proposed regulation was published in the April 23, 2005 Pennsylvania Bulletin with a 30-day public comment period. Thefinal-form regulation was submitted to the Commission on September 30, 2005.

   This regulation increases the biennial renewal fees for Board licenses. The current fees, established between 1986 and 1991, no longer meet the needs of the Board. In addition, the fee for a cosmetology shop manager has been deleted.

   We have determined this regulation is consistent with the statutory authority of the State Board of Cosmetology (63 P. S. § 522(c)) 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.

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Approval Order

Public Meeting held
November 3, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson by phone; Arthur Coccodrilli; John F. Mizner, Esq.; Murray Ufberg, Esq. by phone

State Board of Nursing--Approval of Diploma Programs in Transition to Degree-Granting Status;
Regulation No. 16A-5118

   On February 2, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code § 21.51. The proposed regulation was published in the February 14, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2005.

   This regulation establishes the framework for the transition of nursing diploma programs to nursing degree programs.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 212.1(k), 216(a) and 216.1) 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.

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Approval Order

Public Meeting held
November 3, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson by phone; Arthur Coccodrilli; John F. Mizner, Esq.; Murray Ufberg, Esq. by phone

State Board of Nursing--CRNP Prescriptive Authority Fees; Regulation No. 16A-5116

   On August 26, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Section 21.253. The proposed regulation was published in the September 6, 2003 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2005.

   This final-form regulation implements fees to recover the costs that the Board incurs in reviewing and approving prescriptive authority applications for certified registered nurse practitioners.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 221.2(a) and (d)) 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.

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Approval Order

Public Meeting held
November 3, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson by phone; Arthur Coccodrilli; John F. Mizner, Esq.; Murray Ufberg, Esq. by phone

State Board of Funeral Directors--Continuing Education; Regulation No. 16A-489

   On September 3, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors (Board). This rulemaking amends 49 Pa. Code Chapter 13. The proposed regulation was published in the September 13, 2003 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2005 and withdrawn on March 23, 2005. The final-form regulation was resubmitted on September 30, 2005.

   This rulemaking implements continuing education requirements for funeral directors as mandated by Act 48 of 2000.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 479.10 (b)(1) and 479.16(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.

____

Approval Order

Public Meeting held
November 3, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson by phone; Arthur Coccodrilli; John F. Mizner, Esq.; Murray Ufberg, Esq. by phone

Department of Agriculture--Nutrient Management Certification; Regulation No. 2-147

   On March 30, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 130b. The proposed regulation was published in the April 9, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 28, 2005.

   This regulation updates and revises the Department's nutrient management certification program which trains and certifies individuals to develop and review nutrient management plans.

   We have determined this regulation is consistent with the statutory authority of the Department (3 Pa.C.S.A. § 508(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. 05-2141. Filed for public inspection November 18, 2005, 9:00 a.m.]

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