NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[38 Pa.B. 3461]
[Saturday, June 21, 2008]The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, June 5, 2008, and announced the following:
Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective June 4, 2008
State Board of Funeral Directors #16A-4813: Forms Review (amends 49 Pa. Code §§ 13.204 and 13.224)
State Board of Nursing #16A-5128: Continuing Education Fee for Certified Registered Nurse Practitioners (amends 49 Pa. Code § 21.253)
State Board of Physical Therapy #16A-6511: Biennial Renewal Fees (amends 49 Pa. Code § 40.5)
Bureau of Professional and Occupational Affairs #16-38: Schedule of Civil Penalties--Nurses (replaces 49 Pa. Code § 43b.18 (statement of policy) with 49 Pa. Code § 43b.18a (regulation))
Regulations Approved:
Public School Employees' Retirement Board #43-10: Formalization and Clarification of Current Practices (amends 22 Pa. Code Chapters 201, 211, 213 and 215)
State Board of Examiners of Nursing Home Administrators #16A-627: Administration-In-Training Program (amends 49 Pa. Code Chapter 39)
State Board of Nursing #16A-5131: Faculty Requirements for Nursing Education Programs (amends 49 Pa. Code Chapter 21)
State Board of Nursing #16A-5130: Continuing Education for Professional Nurses (amends 49 Pa. Code Chapter 21)
State Board of Education #6-306: Special Education Services and Programs (amends 22 Pa. Code Chapter 14)
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Approval Order Public Meeting held
June 5, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.
Public School Employees' Retirement Board-- Formalization and Clarification of Current Practices;
Regulation No. 43-10 (#2621)On July 6, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Public School Employees' Retirement Board (Board). This rulemaking amends 22 Pa. Code Chapters 201, 211, 213 and 215. The proposed regulation was published in the July 21, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 9, 2008.
This regulation updates and clarifies provisions relating to the process and procedure for nonadjudicatory benefit appeals, adjudicatory benefit appeals and requests for administrative hearings. Additionally, it clarifies when the ''undue hardship'' test is met for waiver of adjustments under section 8534(b) of the Retirement Code (relating to fraud and adjustment of errors). It also updates provisions pertaining to loss of benefits for annuitants returning to service in the event of an emergency or shortage, so that those provisions are now consistent with the Retirement Code.
We have determined this regulation is consistent with the statutory authority of the Board (24 Pa.C.S. § 8502(h)) 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 5, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.
State Board of Examiners of Nursing Home Administrators--Administrator-In-Training Program;
Regulation No. 16A-627 (#2600)On March 28, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Examiners of Nursing Home Administrators (Board). This rulemaking amends 49 Pa. Code Chapter 39. The proposed regulation was published in the April 7, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 28, 2008.
This final-form regulation establishes an administrator-in-training program for candidates who wish to sit for the nursing home administrator examination, but do not have the experience currently required to qualify.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1104(a)(1) and (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
June 5, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.
State Board of Nursing--Faculty Requirements for Nursing Education Programs;
Regulation No. 16A-5131 (#2631)On August 15, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the August 25, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 1, 2008.
This regulation amends existing regulations to enhance flexibility in staffing at education programs for registered nurses in an effort to expand educational opportunities and enrollment.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 212.1(k) 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
June 5, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.
State Board of Nursing--Continuing Education for Professional Nurses;
Regulation No. 16A-5130 (#2608)On April 18, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the April 28, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 1, 2008.
This regulation implements standards and requirements for 30 hours of continuing education in every two years for registered nurses as established by Act 58 of 2006.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 222 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.
____
Approval Order Public Meeting held
June 5, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.
State Board of Education--Special Education Services and Programs;
Regulation No. 6-306 (#2618)On June 19, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 14. The proposed regulation was published in the June 30, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 5, 2008. On May 15, 2008, the Commission requested that the Board toll consideration of this final-form regulation to properly align two definitions with statutory provisions. On May 15, 2008, the Board simultaneously tolled and submitted its revisions to the final-form regulation to the Commission.
This regulation establishes requirements for identification, screening and evaluation of students with disabilities.
We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. §§ 13-1372 (1) and 26-2603-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. 08-1169. Filed for public inspection June 20, 2008, 9:00 a.m.]
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