NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[40 Pa.B. 2493]
[Saturday, May 8, 2010]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 22, 2010, and announced the following:

Action Taken—Regulations Approved:

 State Board of Psychology #16A-6315: Qualifications (amends 49 Pa. Code Chapter 41)

 Department of Public Welfare #14:513: Family Violence and TANF and GA; and Support From Relatives Not Living With the Client (adds Chapter 108 to 55 Pa. Code and amends Chapter 187)

 Department of Health #1-0-181: School Immunizations; Communicable and Noncommunicable Diseases (amends 28 Pa. Code Chapter 23, Subchapter C and Section 27.77)

Action Taken—Regulation Disapproved:

 State Board of Veterinary Medicine #16A-5723: Biennial Renewal Fees (amends 49 Pa. Code § 31.41)

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Approval Order

Public Meeting held
April 22, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

State Board of Psychology—
Qualifications; Regulation No. 16A-6315 (#2763)

 On April 22, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code Chapter 41. The proposed regulation was published in the May 2, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2010.

 This regulation amends and reformats the education, experience and examination requirements in the existing rules for applicants for licensure as psychologists. It will increase the number of hours of supervised experience required for applicants in one year from 1,500 to 1,750 hours.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1203.2(1), 1206(a)(2), 1208(a)(6)) 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
April 22, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

Department of Public Welfare—
Family Violence and TANF and GA; and Support
From Relatives Not Living With the Client;
Regulation No. 14-513 (#2713)

 On August 5, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking adds Chapter 108 to 55 Pa. Code and amends Chapter 187. The proposed regulation was published in the August 16, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2010.

 This regulation officially codifies the Family Violence Option (FVO), which the Department adopted from the federal program in its 1997 state plan. FVO allows additional funding to be provided to families or individuals that can demonstrate they are dealing with domestic violence. FVO also would allow the Department to waive various TANF and General Assistance requirements if the individual or family can show that complying with any of these requirements would put the recipient at further risk of domestic violence.

 We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 201(2) and 403(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.

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Approval Order

Public Meeting held
April 22, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

Department of Health—
School Immunizations; Communicable
and Noncommunicable Diseases;
Regulation No. 10-181 (#2672)

 On January 24, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapter 23, Subchapter C and Section 27.77. The proposed regulation was published in the February 9, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 22, 2010.

 This regulation updates immunization requirements for school attendance and child care group settings.

 We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 521.16(a) and 24 P. S. § 13-1303a) 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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Disapproval Order

Public Meeting held
April 22, 2010

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

State Board of Veterinary Medicine—
Biennial Renewal Fees; Regulation No. 16A-5723 (#2788)

 On September 2, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code § 31.41. The proposed regulation was published in the September 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2010.

 This rulemaking would provide for incremental biennial license renewal fee increases for veterinarians and veterinary technicians for the next six biennial renewal cycles. The current renewal fee for veterinarians is $300 and the current renewal fee for veterinary technicians is $75. The renewal fees at the end of the 2020-2022 biennial period will be $590 for veterinarians and $140 veterinary technicians.

 Subsections 13(a), (b) and (c) of the Veterinary Medicine Practice Act (Act) (63 P. S. § 485.13(a), (b) and (c)) establish the Board's authority for setting and raising fees. Those sections state the following:

 (a) The board shall, by regulation, fix the fees required for examination, licensure, certification, registration, renewal of licenses and registrations, renewal of certificates and temporary permits.

 (b) If the revenues raised by fees, fines and civil penalties imposed pursuant to this act are not sufficient to meet expenditures over a two-year period, the board shall increase those fees by regulation so that the projected revenues will meet or exceed projected expenditures. (Emphasis added.)

 (c) If the Bureau of Professional and Occupational Affairs determines that the fees established by the board pursuant to subsections (a) and (b) are inadequate to meet the minimum enforcement efforts required by this act, then the bureau, after consultation with the board, shall increase the fees by regulation so that adequate revenues are raised to meet the required enforcement effort.

 In our comments on the proposed rulemaking, we asked the Board to explain how the increases conform to the intent of the General Assembly and Section 13 of the Act. We also questioned the Board's statutory authority for automatic fee increases that may or may not be needed to meet expenditures ten years in the future. The Board responded, ''Section 13 (b) does not limit the Board to looking only 2 years into the future when projecting a budget surplus.'' In addition, we asked the Board if its financial condition improves, will the fees be decreased accordingly? The Board responded, ''The Board will carefully monitor its expenditures and will stabilize or decrease the fees by regulation if they are needed.''

 Based on this response and the Board's explanation at our public meeting, we have concluded that this regulation is not consistent with the intention of the General Assembly. We do not believe the Board's proposal for incremental biennial renewal fees over six renewal cycles is consistent with the intent of the Act. By imposing a two-year time period in statute, we believe the General Assembly's intent was to require the Board to evaluate its revenues and expenditures, and adjust those revenues and expenditures, more frequently than once every ten years. In addition, we believe that the two-year statutory time period reflects the General Assembly's intent that Board fee adjustments be reviewed by this Commission and by the General Assembly more frequently than once every ten years. Accordingly, we believe that a regulatory scheme of incremental fee increases over any period beyond two years is a decision that should be made by the General Assembly.

 In addition, we find promulgation of this regulation is not in the public interest because of the potential fiscal impact it could have on the regulated community. Based on numerous factors, the projections that formed the basis for this proposed rulemaking could be understated or overstated. If they are overstated, the fees collected could lead to a large surplus and the Board has no statutory obligation to readjust the fees in favor of the regulated community. While we commend the Board for committing to monitoring its expenditures and adjusting the fees accordingly, we believe any potential surplus should be in the hands of the veterinarians and veterinary technicians instead of the Board.

By Order of the Commission:

 This regulation #16A-5723 (IRRC #2788) from the State Board of Veterinary Medicine; Biennial Renewal Fees is disapproved on April 22, 2010.

ARTHUR COCCODRILLI, 
Chairperson

[Pa.B. Doc. No. 10-847. Filed for public inspection May 7, 2010, 9:00 a.m.]

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