NOTICES

Action Taken by the Commission

[39 Pa.B. 7271]
[Saturday, December 26, 2009]

 The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, December 10, 2009, and announced the following:

Regulation Deemed Approved Under Section 5(g) of the Regulatory Review Act—Effective December 9, 2009

 State Employees' Retirement Board #31-12: Death Benefits (amends 4 Pa. Code § 247.7(a))

Action Taken—Regulations Approved:

 State Board of Medicine #16A-4924: Acupuncture Licensure (amends 49 Pa. Code Chapters 16 and 18)

 State Board of Pharmacy #16A-5417: Continuing Education (amends 49 Pa. Code Chapter 27)

 Pennsylvania Gaming Control Board #125-105: Jackpot and Credit Meter Payouts (amends 58 Pa. Code Chapter 465a)

 Department of Labor and Industry #12-89: Uniform Construction Code (amends 34 Pa. Code Chapters 401 and 4030)

____

Approval Order

Public Meeting held
December 10, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

State Board of Medicine—
Acupuncture Licensure;
Regulation No. 16A-4924 (#2690)

 On April 21, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16 and 18. The proposed regulation was published in the May 3, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2009.

 This regulation implements Act 186 of 2006 which allows a registered acupuncturist to treat a person for 60 days before the person obtains a diagnosis from a physician, dentist, or podiatrist. Before passage of Act 186, a patient needed a referral from a physician to be treated by an acupuncturist. Consistent with Act 91 of 2008, the regulation also replaces terms such as ''registration'' and ''registrant'' with ''licensure'' and ''licensee.''

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 422.8, 1803(b) and 1803.1) 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.

____

Approval Order

Public Meeting held
December 10, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

State Board of Pharmacy—
Continuing Education;
Regulation No. 16A-5417 (#2662)

 On January 9, 2008, 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 January 19, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2009.

 This regulation clarifies various provisions in the regulation relating to continuing education of pharmacists.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 390-3.1 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.

____

Approval Order

Public Meeting held
December 10, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

Pennsylvania Gaming Control Board—
Jackpot and Credit Meter Payouts;
Regulation No. 125-105 (#2782)

 On August 12, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapter 465a. The proposed regulation was published in the August 22, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 5, 2009.

 This final-form regulation amends the Board's rules pertaining to jackpot payouts. It also expands the scope of the regulations to cover credit meter payouts.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A. § 1202(b)(30)) 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.

____

Approval Order

Public Meeting held
December 10, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.

Department of Labor and Industry—
Uniform Construction Code;
Regulation No. 12-89 (#2804)

 On October 23, 2009, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapters 401 and 403. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted regulation updates the Uniform Construction Code by adopting the 2009 versions of the International Code Council codes, makes amendments from several acts (Act 157 of 2006, Acts 9 and 37 of 2007) and corrects some minor errors in existing regulation.

 We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 7210.304) 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. 09-2389. Filed for public inspection December 24, 2009, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---