NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[37 Pa.B. 2909]
[Saturday, June 23, 2007]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 7, 2007, and announced the following:

Regulations Approved:

   State Board of Medicine #16A-4915: Athletic Trainers (amends 49 Pa. Code Chapters 16, 18 and 25)

   State Board of Veterinary Medicine #16A-5719: Recordkeeping (amends 49 Pa. Code Chapter 31)

   State Board of Veterinary Medicine #16A-5716: Certified Veterinary Technician Specialist (amends 49 Pa. Code §§ 31.1 and 31.38)

   State Board of Certified Real Estate Appraisers #16A-7014: Federally Mandated Education Criteria (amends 49 Pa. Code Chapter 36)

   Department of Transportation #18-404: Flashing or Revolving Lights on Emergency and Authorized Vehicles (amends 67 Pa. Code Chapter 173)

   Pennsylvania Gaming Control Board #125-48: Slot Machine Testing and Control; Possession of Slot Machines (adds 58 Pa. Code Chapters 461a and 463a)

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Approval Order

Public Meeting held
June 7, 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 and State Board of
Osteopathic Medicine--Athletic Trainers
Regulation No. 16A-4915 (#2527)

   On March 8, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16, 18 and 25. The proposed regulation was published in the March 18, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2007.

   This regulation implements Acts 92 and 93 of 2001, authorizing the State Boards of Medicine and Osteopathic Medicine to jointly regulate athletic trainers.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 422.51a(d) and 271.7a(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
June 7, 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 Veterinary Medicine--Recordkeeping Regulation No. 16A-5719 (#2565)

   On September 20, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 31. The proposed regulation was published in the September 30, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2007.

   This regulation clarifies acceptable standards of veterinary medical recordkeeping provisions, adds minimum standards of recordkeeping for services provided in vaccination clinics and adds provisions for notice requirements to clients when a veterinarian retires or closes a practice.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 485.27a(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.

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Approval Order

Public Meeting held
June 7, 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 Veterinary Medicine--Certified Veterinary Technician Specialist Regulation No. 16A-5716 (#2530)

   On March 8, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code §§ 31.1 and 31.38. The proposed regulation was published in the March 18, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2007.

   This regulation adds a provision to the existing ''code of ethics'' for certified veterinary technicians (CVTs) that prohibits CVTs from making ''a false, deceptive or misleading statement or claim'' that they are specialists if they do not hold a current certification from a specialty organization recognized by the National Association of Veterinary Technicians in America.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 485.11) 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
June 7, 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 Certified Real Estate Appraisers--Federally Mandated Education Criteria
Regulation No. 16A-7014 (#2537)

   On May 17, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Certified Real Estate Appraisers (Board). This rulemaking amends 49 Pa. Code Chapter 36. The proposed regulation was published in the May 27, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2007.

   This regulation updates the Board's regulations dealing with residential and general real estate appraisers, certified broker/appraisers and certified Pennsylvania evaluators.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 457.5(2), 457.6(f), 458.3, 458.4(d) and 458.12) 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
June 7, 2007

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

Department of Transportation--Flashing or
Revolving Lights on Emergency and Authorized Vehicles
Regulation No. 18-404 (#2510)

   On December 6, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 173. The proposed regulation was published in the December 17, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 27, 2007.

   This regulation is a comprehensive update of existing regulations that prescribe the use of special light displays on emergency vehicles and other types of vehicles. Chapter 173 has not been amended since 1993.

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S.A. §§ 4571, 4572 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.

____

Approval Order

Public Meeting held
June 7, 2007

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

Pennsylvania Gaming Control Board--Slot Machine Testing and Control; Possession of Slot Machines Regulation No. 125-48 (#2572)

   On September 27, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking adds 58 Pa. Code Chapters 461a and 463a. The proposed regulation was published in the October 28, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 1, 2007.

   This final-form rulemaking establishes two chapters of the Board's regulations. These chapters relate to the testing and approval of slot machines and associated equipment prior to use in the Commonwealth and also the possession and transportation of slot machines.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A. §§ 1202(b)(30), 1207 and 1320) 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,   
Chairman

[Pa.B. Doc. No. 07-1103. Filed for public inspection June 22, 2007, 9:00 a.m.]

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