NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[39 Pa.B. 6915]
[Saturday, December 5, 2009]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 19, 2009, and announced the following:
Regulation Deemed Approved Under Section 5(g) of the Regulatory Review Act—Effective November 18, 2009
Department of Public Welfare #14-515: Food Stamp Discretionary Provisions (amends 55 Pa. Code Chapter 501)
Action Taken—Regulations Approved:
Pennsylvania Liquor Control Board #54-63: License Application and Management Contracts (amends 40 Pa. Code Chapters 1, 3, 5, 7, 13 and 17)
State Board of Chiropractic #16A-4317: Needle Acupuncture (amends 49 Pa. Code Chapter 5)
State Board of Pharmacy #16S-5416: Revisions Regarding Current Pharmacy Practice (amends 49 Pa. Code Chapter 27)
Action Taken—Regulation Disapproved:
*State Board of Funeral Directors #16A-4816: Preneed Activities of Unlicensed Employee (adds Section 13.206a to 49 Pa. Code)
*Will advise when order is issued.
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Approval Order Public Meeting held
November 19, 2009Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Pennsylvania Liquor Control Board—License
Application and Management Contracts;
Regulation No. 54-63 (#2613)On May 17, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code Chapters 1, 3, 5, 7, 13 and 17. The proposed regulation was published in the July 21, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 20, 2009.
On September 29, 2009, the Commission received a request from the Board to toll consideration of this final-form regulation to correct drafting errors, clarify certain provisions and to provide additional information in the Preamble. On October 29, 2009, the Pennsylvania Liquor Control Board submitted its revisions to the final-form regulation to the Commission.
This final-form regulation defines the terms ''pecuniary interest,'' ''management contracts'' and ''malt or brewed beverage dispensing system.'' It also establishes or amends rules pertaining to management contracts, the appointment of managers, the cleaning of dispensing systems and tasting events.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(i)) 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
November 19, 2009Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Board of Chiropractic— Needle Acupuncture;
Regulation No. 16A-4317 (#2746)On February 11, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Chiropractic (Board). This rulemaking amends 49 Pa. Code Chapter 5. The proposed regulation was published in the February 21, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 6, 2009.
This regulation amends Section 5.81(1)(xv) to remove in certain circumstances the prohibition against advertising or practicing needle acupuncture, in accordance with relevant laws and regulations.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 625.302(a), 625.506(a)(4) and 625.506(a)(11)) 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
November 19, 2009Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Board of Pharmacy—Revisions Regarding
Current Pharmacy Practice;
Regulation No. 16A-5416 (#2640)On September 19, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code Chapter 27. The proposed regulation was published in the September 29, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 6, 2009.
The rulemaking removes outdated language to bring the regulation up to date with current practices in the industry, including those relating to the responsibilities of pharmacy interns, storage of and prescriptions for Schedule II controlled substances, as well as licensing renewal and the administering of pharmacy license exams.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 390-4(j) and 390-6(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.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 09-2250. Filed for public inspection December 4, 2009, 9:00 a.m.]
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