PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORATION
[67 PA. CODE CH. 75]
Driver's License Examination
[34 Pa.B. 6420] The Department of Transportation (Department), under the authority contained in 75 Pa.C.S. §§ 1504(c), 1508.1 and 6103 (relating to classes of licenses; physical examinations; and promulgation of rules and regulations by the department) proposes to amend §§ 75.2 and 75.6 (relating to definitions; and physical examination) to read as set forth in Annex A.
Purpose of the Chapter
Chapter 75 defines more fully the requirements of 75 Pa.C.S. §§ 1504(c), 1508, 1514(b) and 1607 by listing the specific requirements with regard to each step in the examination process.
Purpose of the Proposed Rulemaking
Currently, Chapter 75 requires that an applicant for a driver's license who has never been licensed in this Commonwealth or another state submit to a physical examination by a licensed physician, a certified registered nurse practitioner or a physician's assistant. The purpose of this proposed rulemaking is to include chiropractors among the listed healthcare providers who can administer a physical examination for these new driver applicants.
Chiropractors are recognized in the healthcare and health insurance industries as portal of care practitioners, that is, primary care providers, permitted to furnish necessary patient care for health maintenance. Chiropractors are permitted under Federal regulations to conduct the biennial medical examinations for commercial drivers required by Federal Highway Administration Motor Carrier Safety regulations. The addition of chiropractors as provided in this proposed rulemaking makes Department regulations consistent with current health care practices and Federal regulations.
Persons and Entities Affected
This proposed rulemaking affects chiropractors as well as individuals desiring to obtain a driver's license whose primary care provider is a chiropractor, or who otherwise desire to have the physical examination required to obtain a driver's license conducted by a chiropractor.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities. The proposed rulemaking will not impose any additional costs on the medical community and may reduce costs to individuals by allowing applicants for a driver's license to have the required physical examination performed by their primary care provider.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 17, 2004, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. In addition to submitting this proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final-form publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections.
Sunset Date
The Department is not establishing a sunset date for these regulations, since the regulations are needed to administer 75 Pa.C.S. (relating to Vehicle Code). The Department will continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Rebecca L. Bickley, Director, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104, within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for this proposed rulemaking is Anne P. Titler, Acting Manager, Driver Safety Division, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104, (717) 783-4737.
ALLEN D. BIEHLER, P. E.
SecretaryFiscal Note: 18-398. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE IV. LICENSING
CHAPTER 75. DRIVER'S LICENSE EXAMINATION § 75.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the contest clearly indicates otherwise:
* * * * * Chiropractor--A practitioner of chiropractic licensed in this Commonwealth under the Chiropractic Practice Act (63 P. S. §§ 625.101--625.1106) and 49 Pa. Code Chapter 5 (relating to State Board of Chiropractic).
* * * * * § 75.6. Physical examination.
An applicant for a driver's license, who has never been issued a driver's license in this Commonwealth or another state, shall submit to a physical examination performed by a licensed physician, [or] a CRNP [or], a physician assistant or a chiropractor. The licensed physician, [or] CRNP [or], physician assistant or chiropractor performing the examination shall report the findings of the physical examination to the Department on a physical examination certificate or form provided by the Department. The Department may request that the report be submitted on a special certificate relating to the alleged mental or physical disability of the applicant or licensee.
[Pa.B. Doc. No. 04-2144. Filed for public inspection December 3, 2004, 9:00 a.m.]
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