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PA Bulletin, Doc. No. 08-727

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF PHYSICAL THERAPY

[ 49 PA. CODE CH. 40 ]

Rescission of Athletic Trainer Regulations

[38 Pa.B. 1829]
[Saturday, April 19, 2008]

   The State Board of Physical Therapy (Board) rescinds Subchapter B (relating to athletic trainers).

Statutory authority

   Prior to the adoption of the acts of December 10, 2001 (P. L. 859, No. 92) and (P. L. 863, No. 93) (Acts 92 and 93), the Board regulated athletic trainers under sections 10.1 and 10.2 of the Physical Therapy Practice Act (act) (formerly 63 P. S. §§ 1310.1 and 1310.2). Acts 92 and 93 repealed those provisions and placed the responsibility for the regulation of athletic trainers with the State Board of Medicine and State Board of Osteopathic Medicine (Boards). Acts 92 and 93 further provided that until those Boards adopted final-form regulations, the regulations in Subchapter B would continue to govern the activities of athletic trainers. The Boards adopted final-form rulemaking governing athletic trainers, at 37 Pa.B. 3230 (July 14, 2007). Therefore, the regulations of the Board in Subchapter B are no longer necessary and must be rescinded to avoid confusion.

Omission of Proposed Rulemaking

   Under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL), the Board is authorized to omit the procedures for proposed rulemaking in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) if the Board finds that the criteria of section 204 of the CDL are met.

   Under authority of section 204(3) of the CDL, proposed rulemaking has been omitted as unnecessary because the amendments are merely rescinding outdated regulations that have been replaced by regulations of the Boards adopted on July 14, 2007.

Description of the Amendments

   The final-form rulemaking rescinds Subchapter B in its entirety.

Fiscal Impact and Paperwork Requirements

   The final-form rulemaking will not have a fiscal impact on, or create additional paperwork for, the regulated community or the political subdivisions of this Commonwealth.

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (act) (71 P. S. § 745.5a(c)), on February 27, 2008, the Board submitted copies of the final-form rulemaking with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC), and the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the House Professional Licensure Committee (HPLC). On the same date, IRRC submitted a copy of the final-form rulemaking to the Office of Attorney General under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   Under section 5.1(j.2) of the act (71 P. S. § 745.5(j.2)), the final-form rulemaking was approved by the HPLC on March 12, 2008, and deemed approved by the SCP/PC on April 2, 2008. Under section 5.1(e) of the act (71 P. S. § 745.5a(e)), IRRC met on April 3, 2008, and approved the final-form rulemaking.

Additional Information

   For additional information about the final-form rulemaking, submit inquiries to Beth Michlovitz, Counsel, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7200.

Findings

   The Board finds that:

   (1)  Public notice of the Board's intention to amend its regulations under the procedures in sections 201 and 202 of the CDL has been omitted under the authority of section 204 of the CDL, because public comment is unnecessary in that the amendment merely rescinding outdated regulations have been invalidated by Acts 92 and 93 of 2001 and regulations of the Boards adopted at 37 Pa.B. 3230.

   (2)  The rescission of the Board's regulations in the manner provided in this order is necessary and appropriate for the administration of the act and Acts 92 and 93 of 2001.

Order

   The Board, acting under its authorizing statute, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 40, are amended by deleting §§ 40.71--40.75, 40.81--40.88, 40.101--40.103, 40.121 and 40.131 as set forth in Annex A.

   (b)  The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Board shall certify this order and Annex and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

CHARLES E. MEACCI, PT,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 1905 (April 19, 2008).)

   Fiscal Note: 16A-6512. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

PART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 40. STATE BOARD OF PHYSICAL THERAPY

Subchapter B. (RESERVED)

§ 40.71--40.75 (Reserved).
§ 40.81--40.88. (Reserved).
§ 40.101--40.103. (Reserved).
§ 40.121. (Reserved).
§ 40.131. (Reserved).

[Pa.B. Doc. No. 08-727. Filed for public inspection April 18, 2008, 9:00 a.m.]


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