NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[37 Pa.B. 1284]
[Saturday, March 17, 2007]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, March 1, 2007, and announced the following:

Regulation Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective February 28, 2007

   Department of Transportation #18-407: Prequalification of Bidders (deletes 67 Pa. Code § 457.5(a)(n))

Regulations Approved:

   Department of Transportation #18-398: Driver's License Examination (amends 67 Pa. Code §§ 75.2 and 75.6)

   State Board of Medicine #16A-4919: Registration and Practice of Acupuncturists (amends Chapters 16 and 18 of Title 49 Pa. Code)

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Approval Order

Public Meeting held
March 1, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson, Dissenting; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Department of Transportation--Driver's License Examination; Regulation No. 18-398 (#2450)

   On November 17, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code §§ 75.2 and 75.6. The proposed regulation was published in the December 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 1, 2007.

   This regulation implements a portion of Act 76 of 2004 by adding chiropractors to the existing list of practitioners who may conduct a physical examination for a first-time applicant for a driver's license. The regulation will not impose any additional costs on the private or public sector. It may reduce costs to individuals by allowing them to obtain the required examinations from their primary care providers.

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S.A. §§ 1504(c), 1508(a), 1508.1 and 6103) 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.

ARTHUR COCCODRILLI,   
Chairperson

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Approval Order

Public Meeting held
March 1, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

State Board of Medicine--Registration and Practice of Acupuncturists; Regulation No. 16A-4919 (#2455)

   On February 2, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends Chapters 16 and 18 of Title 49 Pa. Code. The proposed regulation was published in the February 12, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 5, 2007.

   This final-form rulemaking aligns existing acupuncture regulations with Act 49 of 2002 amendments to the Acupuncture Registration Act. It eliminates the requirement that acupuncturists practice under the general supervision of a physician, expands the practice of acupuncture to include supplemental techniques and creates the registration category of practitioner of oriental medicine.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1803(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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 07-469. Filed for public inspection March 16, 2007, 9:00 a.m.]

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