RULES AND REGULATIONS
STATE BOARD OF NURSING
[49 PA. CODE CH. 21]
Biennial Renewal Fees
[30 Pa.B. 5952] The State Board of Nursing (Board) amends §§ 21.5, 21.147 and 21.253 (relating to fees) by revising biennial renewal fees. The amendments increase renewal fees for registered nurses from $21 to $45, for licensed practical nurses from $16 to $40 and for certified registered nurse practitioners (CRNPs) from $26 to $50.
A. Effective Date
The amendments will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 11.2(a), (b) and (d) of the Professional Nursing Law (63 P. S. § 221.2(a), (b) and (d)) and section 17.5(a) and (b) of the Practical Nurse Law (63 P. S. § 667.5(a) and (b)), require the Board to set fees required for renewal of licenses and certificates by regulation. The same provisions require the Board to increase fees by regulation to meet or exceed projected expenditures if the current revenues raised by fees, fines and civil penalties are not sufficient to meet projected expenditures and to increase fees in an amount that insures adequate revenues are raised to meet the required enforcement efforts.
C. Background and Purpose
The Board's licensure laws require that the Board fund enforcement and operating expenses through biennial renewal fees, fines and penalties. The biennial renewal fees fund nearly all of the Board's costs.
In accordance with the laws, the Board, in conjunction with the Department's Budget and Financial Management Office and its Revenue Office, has reviewed the actual expenditures and revenue history of the Board against its projected expenses and revenue. The review of the actual expenditures and revenue determined that the last recorded positive revenue balance was on June 30, 1998, and that the biennial renewal fees were not adequate to meet current and projected expenditures. The amendments update the biennial renewal fees to meet or exceed expenditures. A detailed explanation of the background of these fees as well as a description of the fees was published at 30 Pa.B. 2265 (May 6, 2000).
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of proposed rulemaking was published at 30 Pa.B. 2265. Publication was followed by a 30-day public comment period. The Board received comments from three public commentators, the Hospital and Healthsystem Association of Pennsylvania (HAP), Johanna B. Mattiola, RN (Mattiola) and Paula D. Earliwine, RN (Earliwine). In accordance with the Regulatory Review Act (71 P. S. §§ 745.1--745.15), the proposal was reviewed by the Independent Regulatory Review Commission (IRRC), the House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). No objections, suggestions or comments were made. The following is the Board's response to the public comments.
HAP suggested that the Board use the biennial renewal process to collect and disseminate comprehensive data about licensed nurses in this Commonwealth. The comprehensive data HAP suggested that the Board collect and disseminate includes demographic information, professional characteristics, employment characteristics and educational characteristics. HAP also recommended that the cost of data collection should be built into the biennial renewal fees.
The Board notes that it does not have the statutory authority to collect the comprehensive data that HAP has suggested. Further, the purpose of the biennial renewal fee regulation is to fund the Board's costs for general operations, enforcement, and confirming continued eligibility for licensure, all of which have specific statutory and regulatory requirements. Comprehensive data collection is not the purpose of the biennial renewal fee regulation. Thus, the addition of comprehensive data collection would impermissibly exceed the scope of the Board's statutory authority and impermissibly exceed the purpose of proposed rulemaking. The Board also notes that the biennial renewal fees are calculated based upon actual and projected expenditures and do not include the costs of comprehensive data collection. Comprehensive data collection would result in increased fees to licensees for activities that are beyond the authority of the Board and beyond the purpose of proposed rulemaking. Therefore, the Board has determined that comprehensive data collection should not be included in final-form rulemaking.
Mattiola and Earliwine expressed concern that the increase in fees was excessive and suggested that legal costs should be offset by collecting fees from those who are disciplined by the Board. The Board notes that the costs of monitoring licensees in monitoring programs are borne by the monitored licensees, and that the revenue received from civil penalties and fines has already been factored into the calculations used to increase the biennial renewal fees. The Board further notes that the biennial renewal fees fund nearly all the Board's costs; that the biennial renewal fees were last updated in 1992; and that the Board last recorded a positive revenue/expenditure balance on June 30, 1998. The Board is required by law to increase fees to meet or exceed expenditures. Additionally, the Commonwealth's biennial renewal fees remain significantly lower than the biennial renewal fees in several neighboring states. Details of the Board's analysis are in the Regulatory Review Form, which is available upon request.
E. Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated community under the directives of Executive Order 1996-1 (February 6, 1996), Regulatory Review and Promulgation. The final-form regulations address a compelling public interest as described in this Preamble and otherwise comply with Executive Order 1996-1.
F. Fiscal Impact
These final-form regulations will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on licensees who renew their license biennially. Licensed practical nurses, registered nurses and certified registered nurse practitioners will pay an additional $24 for biennial renewal.
G. Paperwork Requirements
The final-form regulations will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the regulations should not create additional paperwork for the private sector.
H. Sunset Date
The Professional Nursing Law (63 P. S. §§ 651--667.8) and the Practical Nurse Law (63 P. S. §§ 211--225.5) require that the Board monitor its revenue and cost on a fiscal year and biennial basis. Therefore, no sunset date has been assigned.
I. Regulatory Review
Under to section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of notice of proposed rulemaking, published at 30 Pa.B. 2265, to IRRC, and to the Chairpersons of the HPLC and SCP/PLC for review and comment.
In accordance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of comments received, as well as other documentation. In preparing these final-form regulations, the Board has considered the comments received.
These final-form regulations were approved by the HPLC on October 11, 2000, and deemed approved by the SCP/PLC on October 15, 2000. IRRC met on October 19, 2000. The final-form regulations were deemed approved in accordance with section 5.1(g) of the Regulatory Review Act (71 P. S. § 745.5a(g)).
I. Contact Person
Further information may be obtained by contacting Ann Steffanic, Administrative Assistant, State Board of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7200.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These amendments do not enlarge the purpose of proposed rulemaking published at 30 Pa.B. 2265.
(4) These amendments are necessary and appropriate for administration and enforcement of the authorizing acts identified in Part B of this Preamble.
K. Order
The Board, acting under its authorizing statutes, orders that:
(1) The regulations of the Board, 49 Pa. Code Chapter 21, are amended by amending §§ 21.5, 21.147 and 21.253 to read as set forth at 30 Pa.B. 2265.
(2) The Board shall submit this order and 30 Pa.B. 2265 to the Office of General Counsel and to the Office of Attorney General as required by law.
(3) The Board shall certify this order and 30 Pa.B. 2265 and deposit them with the Legislative Reference Bureau as required by law.
(4) This order shall take effect on publication in the Pennsylvania Bulletin.
K. STEPHEN ANDERSON, CRNP,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 5807 (November 4, 2000).)
Fiscal Note: Fiscal Note 16A-5113 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 00-1975. Filed for public inspection November 17, 2000, 9:00 a.m.]
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