NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[32 Pa.B. 3183] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 13, 2002, and took the following actions:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective June 4, 2002:
Department of Health #10-167: Drugs which may be Used by Certain Optometrists (amends 28 Pa. Code § 6.1)
Regulations Approved:
State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-602: General Revisions (amends 49 Pa. Code Chapter 19)
State Board of Osteopathic Medicine #16A-5311: Biennial Renewal Fees (amends 49 Pa. Code Chapter 25)
State Board of Medicine #16A-4913: Biennial Renewal Fees (amends 49 Pa. Code Chapter 16)
Department of Health #10-166: Reporting of AIDS, HIV Test Results, CD4 T-Lymphocyte Counts and Perinatal Exposure of Newborns to HIV (amends 28 Pa. Code Chapter 27)
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Approval Order Public Meeting held
June 13, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III, by phone; John F. Mizner
State Board of Vehicle Manufacturers, Dealers and Salespersons--General Revisions; Regulation No. 16A-602
On May 14, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking amends 49 Pa. Code Chapter 19. The proposed regulation was published in the May 26, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 22, 2002.
This regulation makes general revisions to reflect Act 27 of 1996, which changes terminology and licensure categories. Specifically, the Board is deleting portions of the regulations that are now clearly stated in the statute and amending portions to make the regulations consistent with the statute. The amendments involve definitions, fee categories, salesperson licenses, dealership licenses, vehicle shows and off-premises sales and powers and duties of the Board.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 818.4(9)) 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 13, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III, by phone; John F. Mizner
State Board of Osteopathic Medicine; Biennial Renewal Fees; Regulation No.16A-5311
On May 22, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation increases the biennial renewal fees for osteopathic physicians from $140 to $440. The fee increase is necessary for the Board's revenues to meet expenditures as a result of the recently enacted Medical Care Availability and Reduction of Error Act (Act 13 of 2002). An estimated $5.4 million dollars is required for the State Board of Osteopathic Medicine and the State Board of Medicine to process and review 7,000 to 8,000 cases annually.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 271.13a(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
June 13, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III, by phone; John F. Mizner
State Board of Medicine; Biennial Renewal Fees; Regulation No. 16A-4913
On May 22, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 16. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation increases the biennial renewal fees for medical physicians from $125 to $360. The fee increase is necessary for the Board's revenues to meet expenditures as a result of the recently enacted Medical Care Availability and Reduction of Error Act (Act 13 of 2002). An estimated $5.4 million dollars is required for the State Board of Osteopathic Medicine and the State Board of Medicine to process and review 7,000 to 8,000 cases annually.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.6(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
June 13, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by proxy; Arthur Coccodrilli, dissenting; Robert J. Harbison, III, by phone; John F. Mizner
Department of Health--Reporting of AIDS, HIV Test Results, CD4 T-Lymphocyte Counts and Perinatal Exposure of Newborns to HIV; Regulation No. 10-166
On April 10, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapter 27. The proposed regulation was published in the April 21, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 15, 2002. On May 31, 2002, the Commission received a request from the Department to toll consideration of this final-form regulation to make four minor clarifications. Also on May 31, 2002, the Department submitted its revisions to the final-form regulation to the Commission.
This regulation adds three types of AIDS-related infections or conditions to the list of communicable and noncommunicable diseases that are subject to name-based reporting. These three infections or conditions include: HIV, CD4 T-lymphocyte test results with a count of less than 200 cells/uL or less than 14% of total lymphocytes, and perinatal exposure of a newborn to HIV. In addition to reporting requirements, the regulation allows anonymous testing at Department-designated anonymous testing sites.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 521.16) 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 R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 02-1154. Filed for public inspection June 28, 2002, 9:00 a.m.]
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