NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[34 Pa.B. 4528] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 29, 2004, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective July 28, 2004
State Real Estate Commission # 16A-569: Deletion of Examination Fees (deletes 49 Pa. Code Chapter 35)
Pennsylvania State Police # 17-66: Designation of Emergency Vehicles (amends 37 Pa. Code Chapter 41)
Actions Taken--Regulations Approved
State Board of Dentistry # 16A-4612: Expanded Function Dental Assistants (amends 49 Pa. Code § 33.103(c))
State Board of Physical Therapy # 16A-659: General Provisions (amends 49 Pa. Code Chapter 40)
State Board of Medicine # 16A-4914: Continuing Medical Education (amends 49 Pa. Code Chapter 16)
State Board of Education # 6-279: Pupil Attendance (amends 22 Pa. Code Chapter 11)
Environmental Quality Board # 7-376: Coal Mining (adds 25 Pa. Code § 86.6)
Pennsylvania Public Utility Commission # 57-228: Electric Service Reliability (amends 52 Pa. Code Chapter 57)
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Approval Order Public Meeting held
July 29, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by phone
State Board of Dentistry--Expanded Function Dental Assistants; Regulation No. 16A-4612 On October 10, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code § 33.103(c). The proposed regulation was published in the October 26, 2002, Pennsylvania Bulletin with a 30-day public comment period. The Board resubmitted the proposed regulation on January 29, 2003, under section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on June 22, 2004.
This regulation removes the clinical component of the examination required for certification as an expanded function dental assistant. It retains the written examination requirement. This change will significantly reduce the cost of the examination.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 122(d.1)(1), (e) and (o)) 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 29, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by phone
State Board of Physical Therapy--General Provisions; Regulation No. 16A-659 On February 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code Chapter 40. The proposed regulation was published in the April 5, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 17, 2004.
This regulation amends the Board's existing regulations relating to physical therapists and physical therapist assistants. The amendments relate to: education and licensure requirements; scope of practice, nondelegable activities and functions; and editorial revisions.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1303(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
July 29, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by phone
State Board of Medicine--Continuing Medical Education; Regulation No. 16A-4914 On December 16, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 16. The proposed regulation was published in the January 3, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 22, 2004.
This regulation implements the continuing medical education mandate of The Medical Care Availability and Reduction of Error (MCARE) Act (act). Under the act, medical doctors are required to obtain 100 hours of continuing medical education as a condition of license renewal. The Board has changed the implementation date for full compliance with the continuing education requirements from January 1, 2005, until January 1, 2007, in the final-form regulation. For current licensure renewal, physicians must demonstrate they have completed 25 hours in either Category I or Category II credits.
We have determined this regulation is consistent with the statutory authority of the Board (40 P. S. § 1303.910(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
July 29, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by phone
State Board of Education--Pupil Attendance; Regulation No. 6-279 On August 18, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 11. The proposed regulation was published in the August 30, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 24, 2004.
The Board is amending its existing regulations related to student attendance. The final-form regulation addresses: admission to school; absences from school; rules for counting daily attendance; private tutoring; minimum hours of instruction; enrollment standards for children of divorced or separated parents, foster children and children living with adults that are not their parents; and immunization requirements. The amendments also bring the Board's regulations into conformity with State and Federal statutes, regulations and judicial decisions.
We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 26-2603-B(k)) 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 29, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by phone
Environmental Quality Board--Coal Mining; Regulation No. 7-376 On April 23, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking adds 25 Pa. Code § 86.6. The proposed regulation was published in the May 4, 2002, Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on June 18, 2004.
This regulation implements two exclusions in the definition of ''surface mining activities'' in section 3 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.3). It creates a limited exemption from the coal mining regulations for government-financed construction and reclamation projects.
We have determined this regulation is consistent with the statutory authority of the Board (52 P. S. §§ 1396.3 and 1396.4b(a) and 71 P. S. § 510-20) 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 29, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by phone
Pennsylvania Public Utility Commission--Electric Service Reliability; Regulation No. 57-228 On September 19, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 57. The proposed regulation was published in the October 4, 2003, Pennsylvania Bulletin with a 79-day public comment period. The final-form regulation was submitted to the Commission on June 16, 2004.
This regulation updates the PUC's existing regulations on electric service reliability. The amendments add data requirements to the existing annual reliability reports and add a new quarterly reporting requirement.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 501) 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. 04-1522. Filed for public inspection August 13, 2004, 9:00 a.m.]
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