NOTICES
INDEPENDENT REGULATORY
REVIEW COMMISSION
Actions Taken by the Commission
[54 Pa.B. 8361]
[Saturday, December 21, 2024]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 5, 2024, and announced the following:
Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act—Effective November 30, 2024:
State Board of Osteopathic Medicine # 16A-5336: Licensure Requirements (amends 49 Pa. Code)
Actions Taken—Regulations Approved:
Department of Labor and Industry # 12-117: Impairment Ratings (amends 34 Pa. Code §§ 123.101—123.105)
State Board of Medicine # 16A-4962: Opioid Treatment Programs (amends 49 Pa. Code § 16.92)
State Board of Massage Therapy # 16A-726: Practice of Massage Therapy in Cosmetology or Esthetician Salons (amends 49 Pa. Code §§ 20.61 and 20.62)
State Board of Cosmetology # 16A-4518: Practice of Massage Therapy in Cosmetology or Estheticians Salons (amends 49 Pa. Code § 7.150)
State Board of Education # 6-354: Academic Standards and Assessment (amends 22 Pa. Code Chapter 4)
Office of Administration # 99-13: Civil Service Reform (amends 4 Pa. Code)
Department of General Services # 8-28: Commonwealth Parking Facilities (amends 4 Pa. Code §§ 71.1—71.6, 71.11, 71.12, 71.21, 71.31, 71.41—71.44, and 71.46)
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Approval Order Public Meeting Held
December 5, 2024Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Labor and Industry—
Impairment Rating
Regulation No. 12-117 (# 3368)On April 12, 2023, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code §§ 123.101—123.105. The proposed regulation was published in the April 22, 2023 Pennsylvania Bulletin with a public comment period ending on May 22, 2023. The final-form regulation was submitted to the Commission on October 31, 2024.
This final-form rulemaking conforms the Department's regulations to Act 111 of 2018 and recent case law.
We have determined this regulation is consistent with the statutory authority of the Department (77 P.S. §§ 710 and 991(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
December 5, 2024Commissioners 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—
Opioid Treatment Programs
Regulation No. 16A-4962 (# 3418)On October 3, 2024, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code § 16.92. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking will allow the initial physical examination required for prescribing, administering and dispensing controlled substances to be conducted by means of telehealth for patients being admitted into an Opioid Treatment Program. The rulemaking also replaces the word ''drug'' with the term ''controlled substance.''
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 422.8 and 422.41(8)) 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
December 5, 2024Commissioners 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 Massage Therapy—
Practice of Massage Therapy in Cosmetology or Esthetician Salons
Regulation No. 16A-726 (# 3392)On December 4, 2023, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Massage Therapy (Board). This rulemaking amends 49 Pa. Code §§ 20.61 and 20.62. The proposed regulation was published in the December 16, 2023 Pennsylvania Bulletin with a public comment period ending on January 16, 2024. The final-form regulation was submitted to the Commission on November 4, 2024.
This final regulation permits a licensed massage therapist to practice massage therapy within the approved premises of a licensed cosmetology salon or licensed esthetician salon.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 515.3) 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
December 5, 2024Commissioners 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 Cosmetology—
Practice of Massage Therapy in Cosmetology or Esthetician Salons
Regulation No. 16A-4518 (# 3391)On December 4, 2023, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code Section 7.150. The proposed regulation was published in the December 16, 2023 Pennsylvania Bulletin with a public comment period ending on January 16, 2024. The final-form regulation was submitted to the Commission on November 4, 2024.
This final regulation permits a massage therapist to practice within a licensed salon in a separate massage therapy room which must be a minimum of 90 square feet.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 515.3) 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
December 5, 2024Commissioners 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 Education—
Academic Standards and Assessment
Regulation No. 6-354 (# 3404)On May 21, 2024, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 4. The proposed regulation was published in the June 15, 2024 Pennsylvania Bulletin with a public comment period ending on July 15, 2024. The final-form regulation was submitted to the Commission on October 24, 2024.
This final-form regulation updates the existing academic standards for Career Education and Work, Family and Consumer Sciences, and Economics. The rulemaking also establishes standalone academic standards for Personal Finance, shifts the grade level at which the elementary-level science assessment is administered and requires school entities to post various strategic plans on their publicly accessible web sites.
We have determined this regulation is consistent with the statutory authority of the Board (24 P.S. §§ 2-290.1, 15-1551, 26-2603-B, and 26-1604-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
December 5, 2024Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq., dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Office of Administration—
Civil Service Reform
Regulation No. 99-13 (# 3412)On July 11, 2024, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Office of Administration (Office). This rulemaking amends 4 Pa. Code. The proposed regulation was published in the August 3, 2024 Pennsylvania Bulletin with a public comment period ending on September 3, 2024. The final-form regulation was submitted to the Commission on October 28, 2024.
This regulation establishes the regulatory structure governing application to, and employment in, civil service positions, as well as practice and procedure before the Secretary of Administration in accordance with Act 71 of 2018, commonly referred to as the Civil Service Reform Act.
We have determined this regulation is consistent with the statutory authority of the Office (71 Pa.C.S. § 2203(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
December 5, 2024Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of General Services—
Commonwealth Parking Facilities
Regulation No. 8-28 (# 3421)On October 29, 2024, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of General Services (Department). This rulemaking amends 4 Pa. Code §§ 71.1—71.6, 71.11, 71.12, 71.21, 71.31, 71.41—71.44, and 71.46. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation amends and updates Chapter 71 by deleting superfluous, outdated, conflicting, and unnecessary language. The amendments are required to deter misuse and abuse of Commonwealth parking spaces and places, modernize procedures, and ensure efficient and effective use of Commonwealth property.
We have determined this regulation is consistent with the statutory authority of the Department (71 P.S. §§ 186, 631.1(20), 632) 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.
JOHN F. MIZNER,
Vice Chairperson
[Pa.B. Doc. No. 24-1838. Filed for public inspection December 20, 2024, 9:00 a.m.]
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