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PA Bulletin, Doc. No. 00-148

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 465]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, January 6, 2000, and took the following actions:

Regulations Approved:

   State Board of Psychology #16A-636: Application Fees (amends 49 Pa. Code § 41.12).

   State Board of Osteopathic Medicine #16A-5310: Application Fees (amends 49 Pa. Code §§ 25.231 and 25.503).

   Department of Corrections #19-4: County Correctional Institutions (amends 37 Pa. Code Chapter 95).

   Office of Attorney General #59-6: Dog Purchaser Protection (adds Chapter 309 to 37 Pa. Code).

Commissioners Voting:  John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 6, 2000

State Board of Psychology--Application Fees; Regulation No. 16A-636

Order

   On April 12, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code 41.12. The authority for this regulation is found in section 3.3(d) of the Professional Psychology Practice Act (63 P. S. § 1203.3(d)). The proposed regulation was published in the April 24, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 30, 1999.

   The Board is revising fees for reapplications after examination failures; certification and verification of scores, license or registration; and registration of corporate/fictitious names. The Board anticipates that approximately 495 individuals will avail themselves of one or more of these services over the next 2-year period. Total costs to the regulated community during that time span will be approximately $13,900. However, only those individuals requesting the services will be impacted.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-636 from the State Board of Psychology, as submitted to the Commission on November 30, 1999, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 6, 2000

State Board of Osteopathic Medicine--Application Fees; Regulation No. 16A-5310

Order

   On March 17, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code §§ 25.231 and 25.503. The authority for this regulation is section 13.1(a) of the Osteopathic Medical Practice Act (63 P. S. § 271.13a(a)). The proposed regulation was published in the March 27, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 7, 1999.

   The regulation revises the following fees:

CurrentProposed
Licensure CategoriesFeesFees
Unrestricted Physician License    Application$85$45
Short Term License Application    (Camp Physician)$25$30
Temporary Training License or    Graduate Training Certificate$25$30
Application for Physician Assis   tant Certification$85$30
Application for Supervising Phy   sician$80$95
Verification of Any License or    Permit$10$15
Certification of Any License,    Grades or Hours$15$25
Application for Radiology    (ARRT) Examination$  0$25
Examination in Radiography$30$20
Examination in Nuclear Medicine    Technology$30$20
Examination in Radiation    Therapy Technology$  0$20
Limited Examination in Radiog   raphy--Thorax and Extremities$35$25
Limited Examination in Radiogra   phy--Skull and Sinuses$35$25
Application for Acupuncturist    Registration$15$30
Application for Acupuncturist Su   pervisor$15$30
Application for Respiratory Care    Temporary Permit$15$30
Respiratory Care Initial License    Application$15$30

   The regulation also deletes the fee for the optional study materials for the ARRT limited examination in radiography.

   All 7,981 persons with certificates, licenses and registrations issued by the Board will be required to comply with the revised regulations. The Board estimates that 2,027 persons will avail themselves of one or more of the enumerated services over the next 2-year period. Total cost savings to the regulated community during that time span will be approximately $18,065.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-5310 from the State Board of Osteopathic Medicine, as submitted to the Commission on December 7, 1999, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 6, 2000

Department of Corrections--County Correctional Institutions; Regulation No. 19-4

Order

   On March 4, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Corrections (Department). This rulemaking amends 37 Pa. Code Chapter 95. The authority for this regulation is 61 P. S. § 460.13. The proposed regulation was published in the March 20, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 16, 1999. On December 6, 1999, the Commission received a request from the Department to toll consideration of this final-form regulation to amend training requirements and the definition of ''Department.'' On December 15, 1999, the Department submitted its revisions to the final-form regulation to the Commission.

   The regulation clearly establishes the requirements county correctional institutions must meet and deletes out dated language from the regulations. This revised final-form regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 19-4 from the Department of Corrections, as revised on December 15, 1999, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 6, 2000

Office of Attorney General--Dog Purchaser Protection; Regulation No. 59-6

Order

   On October 7, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Office of Attorney General (OAG). This rulemaking adds Chapter 309 to 37 Pa. Code. The authority for this regulation is section 9.3(g)(1) of the Unfair Trade Practices and Consumer Protection Law (73 P. S. § 201-9.3(g)(1)) added by Act 27 of 1997. The proposed regulation was published in the October 24, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 7, 1999.

   This regulation implements a key provision in Act 27 that directs the OAG to ''promulgate regulations specifying the contents'' of a posted notice. The notice must be posted in pet shops and kennels where dogs are sold to the public. The notice informs dog purchasers of their rights under Act 27. These rights include access to a dog's health record. If a dog becomes ill or dies within 10 days after purchase, or it dies from or has a congenital or hereditary defect within 30 days after purchase, the buyer may request a refund or replacement. A veterinarian's certification is required.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 59-6 from the Office of Attorney General, as submitted to the Commission on December 7, 1999, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-148. Filed for public inspection January 21, 2000, 9:00 a.m.]



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