RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF MEDICINE
[49 PA. CODE CH. 16]
Prosecutorial Functions Deleted
[28 Pa.B. 1315] The State Board of Medicine (Board) amends §§ 16.62, 16.71, 16.72, 16.81 and 16.82, to read as set forth in Annex A. This amendment deletes regulations declared invalid by the Pennsylvania Supreme Court's decision in Lyness v. State Board of Medicine, 605 A.2d 1024 (Pa. 1992).
In 1992, the Pennsylvania Supreme Court declared §§ 16.62, 16.71, 16.72, 16.81 and 16.82 as unconstitutional through its ruling in Lyness. Notice of proposed rulemaking has been omitted under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)) (CDL), because notice of proposed rulemaking is unnecessary. Accordingly, in this rulemaking, the Board removes the procedural regulations relating to complaint process, formal hearings and appeals contained in §§ 16.62, 16.71, 16.72, 16.81 and 16.82.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered the purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted rulemaking addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This rulemaking is adopted under section 8 of the Medical Practice Act (63 P. S. § 422.8).
Fiscal Impact and Paperwork Requirements
The rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5.1(c)), a copy of the final-form regulation was submitted on January 4, 1998, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the final-form regulations were submitted to the Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, the deletions were deemed approved by the House and Senate Committees on February 3, 1998, and were approved by IRRC on February 13, 1998.
Additional Information
Individuals who desire information are invited to submit inquiries to Cindy L. Warner, Board Administrator, State Board of Medicine, Post Office Box 2649, Harrisburg, PA 17105- 2649, (717) 783-1400.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) has been omitted under the authority contained in section 204(3) of the CDL because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary because the provisions deleted were found to be unconstitutional and are therefore unenforceable.
(2) The deletions of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders:
(a) The regulations of the Board, 49 Pa. Code Chapter 16, are amended by deleting §§ 16.62, 16.71, 16.72, 16.81 and 16.82 to read as set forth in Annex A.
(b) The Chairperson of 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 legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
DANIEL B. KIMBALL, Jr., M.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 1185 (February 28, 1998).)
Fiscal Note: 16A-495. 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 16. STATE BOARD OF MEDICINE--GENERAL PROVISIONS
Subchapter E. MEDICAL DISCIPLINARY PROCESS AND PROCEDURES § 16.62. (Reserved).
§ 16.71. (Reserved).
§ 16.72. (Reserved).
§ 16.81. (Reserved).
§ 16.82. (Reserved).
[Pa.B. Doc. No. 98-411. Filed for public inspection March 13, 1998, 9:00 a.m.]
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