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PA Bulletin, Doc. No. 15-1685

RULES AND REGULATIONS

Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF MEDICINE

[ 49 PA. CODE CHS. 16 AND 18 ]

Prosthetists, Orthotists, Pedorthists and Orthotic Fitters; Advance Notice of Final Rulemaking

[45 Pa.B. 5682]
[Saturday, September 19, 2015]

 The State Board of Medicine (Board) is publishing an advance notice of final rulemaking (ANFR) regarding the licensure and regulation of prosthetists, orthotists, pedorthists and orthotic fitters. The proposed rulemaking was published at 44 Pa.B. 4364 (July 12, 2014).

Statutory Authority

 The act of July 5, 2012 (P. L. 873, No. 90) (Act 90) amended the Medical Practice Act of 1985 (act) (63 P. S. §§ 422.1—422.51a). Act 90 authorized the Board to promulgate regulations as necessary to regulate the practice of these professionals.

Background and Summary

 The Board published the proposed rulemaking at 44 Pa.B. 4364, with a 30-day public comment period. The Board received comments from the Pennsylvania Orthotic and Prosthetic Society, Sofia Tamarkin, Senator Mike Stack, Ashley Nicoletti, Irina Rabovetiky, the Board of Certification, the American Board of Certification, R.J. Hedges & Associates, the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment.

 Following delivery of the proposed rulemaking, the act was amended by the act of July 2, 2014 (P. L. 941, No. 104) (Act 104), which altered the qualifications for initial licensure without examination. At a meeting with industry representatives and representatives from the HPLC and the SCP/PLC, it was agreed that the Board could conform its rulemaking to Act 104 without republishing the proposed rulemaking. It was further agreed that the Board would give commenters and the public an opportunity to comment on the amendments made to conform the rulemaking to Act 104.

 This ANFR assures that the public has a full opportunity to comment on the amendments to the rulemaking.

Contact Person, Availability of Draft Final Regulations and Submission of Comments

 The Board will accept written comments as well as comments transmitted by means of e-mail on the draft final rulemaking for the licensure and regulation of prosthetists, orthotists, pedorthists and orthotic fitters. Comments must be limited to the amendments to conform the rulemaking to Act 104. Comments will not be accepted by facsimile, telephone or voice mail. Comments sent by means of e-mail must include ''16A-4943—Pedorthists, Orthotists, Pedorthists and Orthotic Fitters'' in the subject heading. E-mail and written comments must include the commentator's name and address. Written comments must be received by the Board on or before October 19, 2015. To request a copy of the draft final rulemaking or to provide a comment, contact Teresa Lazo, Esq., Board Counsel, State Board of Medicine, P. O. Box 69523, Harrisburg, PA 17106-9523, tlazo@pa.gov.

ANDREW J. BEHNKE, MD, 
Chairperson

[Pa.B. Doc. No. 15-1685. Filed for public inspection September 18, 2015, 9:00 a.m.]



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