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PA Bulletin, Doc. No. 04-1637

PROPOSED RULEMAKING

STATE BOARD OF PHARMACY

[49 PA. CODE CH. 27]

Examination Fees

[34 Pa.B. 4901]

   The State Board of Pharmacy (Board) proposes to amend § 27.91 (relating to schedule of fees) to read as set forth in Annex A.

Effective Date

   This proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.

Statutory Authority

   This proposed rulemaking is authorized under sections 6(k)(1) and (9) and 8.2(a) of the Pharmacy Act (act) (63 P. S. §§ 390-6(k)(1) and (9) and 390-8.2(a)) and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a).

Background and Purpose

   The proposed amendment to § 27.91 deletes references to the fees for the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE). These fees are set by the administrators of the examinations, not by the Board. To avoid the necessity of amending the regulation whenever the examination administrator changes the fees, the Board proposes to delete references to the fees.

Description of Proposed Rulemaking

   The Board proposes to amend § 27.91 to delete references to the fees for the NAPLEX and the MPJE examinations. The fees are set by the test administrators.

Fiscal Impact and Paperwork Requirements

   The proposed rulemaking will have no fiscal impact on the Board or its licensees. The proposed rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions. The proposed rulemaking will avoid preparation of new regulations each time an examination fee is changed and should not create additional paperwork for the private sector.

Sunset Date

   The Board reviews the effectiveness of its regulations on an ongoing basis. Therefore, no sunset date has been assigned.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. §  745.5(a)), on August 23, 2004, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.

Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Carole Clarke, Counsel, State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.

MICHAEL J. ROMANO, R.Ph.,   
Chairperson

   Fiscal Note:  16A-5413. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 27.  STATE BOARD OF PHARMACY

FEES

§ 27.91. Schedule of fees.

   An applicant for a license, certificate, permit or service shall pay the following fees at the time of application:

*      *      *      *      *

[North American Pharmacist Licensure Examination (NAPLEX)............ $250

Multistate Pharmacy Jurisprudence Examination (MPJE).................. $85]

*      *      *      *      *

[Pa.B. Doc. No. 04-1637. Filed for public inspection September 3, 2004, 9:00 a.m.]



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