NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[53 Pa.B. 4068]
[Saturday, July 29, 2023]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, July 13, 2023, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective July 12, 2023
Department of Health # 10-236: Certified Lifeguards (amends 28 Pa. Code)
Department of Conservation and Natural Resources # 7B-10: Conservation of Pennsylvania Native Wild Plants (amends 17 Pa. Code)
Actions Taken—Regulations Approved:
State Board of Optometry # 16A-5218: Licensure by Endorsement (amends 49 Pa. Code Chapter 23 by adding §§ 23.27, 23.27a and 23.27b)
State Board of Occupational Therapy Education and Licensure # 16A-6713: Licensure by Endorsement (amends 49 Pa. Code Sections 42.1 and 42.9-42.10)
State Board of Medicine # 16A-4956: Acupuncturists and Practitioners of Oriental Medicine (amends 49 Pa. Code §§ 18.11, 18.13, 18.13a, 18.15, 18.15a, 18.18, and adds 18.20)
Pennsylvania Gaming Control Board # 125-240: Private Testing and Certification Facilities (amends 58 Pa. Code §§ 461a and adds Chapter 469a)
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Approval Order Public Meeting Held
July 13, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Optometry—
License by Endorsement
Regulation No. 16A-5218 (# 3314)On September 2, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code Chapter 23 by adding §§ 23.27, 23.27a and 23.27b. The proposed regulation was published in the September 18, 2021 Pennsylvania Bulletin with a public comment period ending on October 18, 2021. The final-form regulation was submitted to the Commission on May 22, 2023.
This regulation sets forth the criteria for eligibility for licensure by endorsement, including the specific methods required for an applicant to demonstrate competency as well as requirements for granting a provisional endorsement license.
We have determined this regulation is consistent with the statutory authority of the Board (63 Pa.C.S. § 3111) 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
July 13, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Occupational Therapy
Education and Licensure—
Licensure by Endorsement
Regulation No. 16A-6713 (# 3331)On January 26, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Occupational Therapy Education and Licensure (Board). This rulemaking amends 49 Pa. Code Sections 42.1 and 42.9-42.10. The proposed regulation was published in the February 5, 2022 Pennsylvania Bulletin with a public comment period ending on March 7, 2022. The final-form regulation was submitted to the Commission on June 9, 2023.
This regulation implements Act 41 of 2019 (Act 41) (63 Pa.C.S.A. § 3111) which requires licensing boards and commissions to issue a license, certificate, registration, or permit to an applicant who pays fees established by the board or commission by regulation, provided the applicant meets certain criteria for eligibility. Act 41 also requires boards and commissions that issue provisional licenses, certificates, registrations, or permits to set the expiration of the provisional endorsement license by regulation.
We have determined this regulation is consistent with the statutory authority of the Board (63 Pa.C.S. § 3111; 63 P.S. § 1505(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
July 13, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Medicine—
Acupuncturists and Practitioners of Oriental Medicine
Regulation No. 16A-4956 (# 3332)On January 26, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code §§ 18.11, 18.13, 18.13a, 18.15, 18.15a, 18.18, and adds 18.20. The proposed regulation was published in the February 12, 2022 Pennsylvania Bulletin with a public comment period ending on March 14, 2022. The final-form regulation was submitted to the Commission on May 22, 2023.
This final rulemaking incorporates Act 134 of 2014 requirements relating to liability insurance and circumstances when diagnosis of a condition by another practitioner must occur. In addition, the regulation updates terminology, removes outdated provisions, revises practice responsibilities and expands options for demonstrating English language proficiency.
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.
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Approval Order Public Meeting Held
July 13, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq., recusing; Dennis A. Watson, Esq.
Pennsylvania Gaming Control Board—
Private Testing and Certification Facilities
Regulation No. 125-240 (# 3340)On March 25, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code §§ 461a and adds Chapter 469a. The proposed regulation was published in the April 16, 2022 Pennsylvania Bulletin with a public comment period ending on May 16, 2022. The final-form regulation was submitted to the Commission on May 23, 2023.
This rulemaking amends Chapter 461a (relating to slot machine and table game device testing and control) and adds Chapter 469a (relating to private testing and certification facilities) to provide standards for the registration of private testing and certification facilities in the Commonwealth.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(3), 1320(b.1), 13A41(b.1), 13B02, 13C02 and 3302) 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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 23-1012. Filed for public inspection July 28, 2023, 9:00 a.m.]
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