NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[40 Pa.B. 1275]
[Saturday, March 6, 2010]Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 645.5b).
The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
IRRC Close of the Public
Comments
Reg. No. Agency/Title Comment Period
Issued
16A-5136 State Board of Nursing
Biennial Renewal Fees
39 Pa.B. 7105
(December 19, 2009)1/19/10
2/18/10
16A-5615 State Real Estate Commission
Initial Licensure Fees
39 Pa.B. 7109
(December 19, 2009)1/19/10
2/18/10
16A-4410 State Board of Podiatry
Continuing Education
39 Pa.B. 7107
(December 19, 2009)1/19/10
2/18/10
11-240 Insurance Department
Education and Training for Applicants and Insurance Providers
39 Pa.B. 7213
(December 26, 2009)
2/16/10
2/24/10
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State Board of Nursing
Regulation #16A-5136 (IRRC #2809)
Biennial Renewal Fees
February 18, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the December 19, 2009 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Board of Nursing (Board) to respond to all comments received from us or any other source.
1. Section 21.5. Fees.—Duplication; Clarity.
In its comments on the proposed regulation on January 25, 2010, the House Professional Licensure Committee (House Committee) suggested deletion of the ''Examination and Licensure'' fee of $35, which is listed twice in the existing schedule of fees in Subsection (a). We agree.
2. Section 21.705. Fees.—Clarity.
The House Committee noted errors in the web site references in subsections (c) and (d). In subsection (c), the proposed regulation would delete the reference to ''www.cdrnet.org'' and replace it with a different one. This change is unnecessary since ''www.cdrnet.org'' is still the correct link for the web site of the Commission on Dietetic Registration. We recommend that the Board retain the correct reference in its existing language, which is being reformatted as subsection (c), in the final-form regulation. In subsection (d), the existing reference for the web site for the Certification Board for Nutrition Specialists is incorrect. This organization's web site can be found at ''www.cbns.org.'' We recommend that the correct reference be placed in the final-form regulation.
3. General.—Fiscal impact.
The Board did not submit a ''fee report form'' with the proposed regulation that was delivered to the House and Senate Committees and this Commission. In previous rulemakings, other licensure boards submitted fee report forms for biennial renewal fees that documented the effect of the proposed increase on biennial revenue cycles. See Regulations #16A-6915 (IRRC #2638), #16A-5512 (IRRC #2759), and #16A-5723 (IRRC #2788). The Board should submit a fee report form for the increases in the final-form regulation.
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State Real Estate Commission
Regulation #16A-5615 (IRRC #2810)
Initial Licensure Fees
February 18, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the December 19, 2009 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Real Estate Commission to respond to all comments received from us or any other source.
Biennial renewal fee categories.—Clarity.
In our review of the fee descriptions in Section 35.203, we noticed an apparent inconsistency. The fee descriptions relating to review of qualifications, initial licensure and change of name or address all include the categories of ''builder-owner salesperson'' and ''time-share salesperson.'' However, we could not find these categories in the description of biennial renewal fees. If biennial renewal fees are required for a ''builder-owner salesperson'' and ''time-share salesperson,'' we recommend amending the biennial renewal fee description to include them.
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State Board of Podiatry
Regulation #16A-4410 (IRRC #2811)
Continuing Education
February 18, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the December 19, 2009 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Board of Podiatry (Board) to respond to all comments received from us or any other source.
Section 29.61. Requirements for biennial renewal and eligibility to conduct educational conferences.—Implementation procedures; Clarity.
This proposed rulemaking amends the Board's existing continuing education requirements by increasing the required clock hours from 30 to 50 in a biennial period. Thirty of those clock hours must be in courses and programs in podiatry approved by the Board or the Council of Podiatric Medical Education. The remaining 20 hours must be in courses or programs approved by those two organizations or in courses and programs in ''related medical subjects'' that are approved by the American Medical Association (AMA) or the American Osteopathic Association (AOA).
Both the existing and proposed rulemaking state that a licensee is responsible for ensuring that a course or program has been approved for continuing education credit prior to participating in the course or program. Although this is not a new requirement, we share the concern of the House Professional Licensure Committee and ask how a licensee can ensure that a course or program has been approved.
In addition, we believe the phrase ''related medical subjects'' is vague. How will a licensee know if a course approved by the AMA or the AOA meets the standard of being related to podiatry? We recommend that a more precise standard be included in the final-form regulation.
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Insurance Department
Regulation #11-240 (IRRC #2812)
Education and Training for Applicants and Insurance Producers
February 24, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the December 26, 2009 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Insurance Department (Department) to respond to all comments received from us or any other source.
1. Differences between the existing regulation and the proposed regulation.—Determining if the regulation is in the public interest; Need.
This proposed regulatory package deletes an existing chapter of the Department's regulations entitled ''Continuing Education for Insurance Agents and Brokers'' and replaces it with a new chapter entitled ''Education and Training for Applicants and Insurance Producers.'' Much of the language contained in the new proposed chapter is very similar to language contained in the existing chapter. The Preamble included with this regulatory package provides a brief summary of each section of the new proposed chapter. However, it does not explain why there are differences between the two versions of the rulemaking. For example, the new definitions section defines terms that are not in the existing regulation and does not include terms that are in the existing regulation. Another example of changes can be found in the sections pertaining to sponsors. Time frames for complying with certain provisions have been changed, but there is no explanation of why those changes were made. In order for this Commission to determine if the regulation is in the public interest, a more detailed explanation of the changes being proposed is required. In the Preamble to the final-form regulation, we ask the Department to provide a more detailed explanation of each section and why some provisions differ from the existing regulation.
2. Section 39a.9. Training requirements for insurance producers.—Reasonableness; Need; Implementation procedures; Clarity.
Subsection (b)—Long-term care insurance.
Under Subsection (b)(4)(i)(A), individuals already licensed as insurance producers must complete eight hours of training in the first full two-year licensing cycle after the adoption of the rulemaking. A commentator has noted that this differs from the National Association of Insurance Commissioners (NAIC) model rule, on which this rulemaking is partially based. The model rule requires licensed producers to complete eight hours of training within one year of the effective date of the regulation. What is the reason for the difference between the proposed regulation and NAIC's model rule?
Similarly, under Subsection (b)(4)(i)(B), why is the Department deviating from the model rule by requiring licensed producers, resident and non-resident, to complete one hour of training related to the Pennsylvania Medical Assistance Program?
Subsection (c)—Requirements for insurers.
Subsection (c)(1) requires insurers writing long-term care insurance to obtain ''proof'' that an insurance producer has received required training. What type of ''proof'' would be acceptable? We suggest that a more specific standard be included in the final-form regulation.
Subsection (c)(2) requires certain records to be maintained ''in accordance with the Commonwealth's record retention guidelines for insurers as published in the Pennsylvania Bulletin.'' This requirement is vague. We recommend that the requirements be included in the final-form regulation. In the alternative, we suggest that the Department identify the specific guidelines that need to be followed and when those guidelines will be published in the Pennsylvania Bulletin.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 10-411. Filed for public inspection March 5, 2010, 9:00 a.m.]
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