RULES AND REGULATIONS
STATE BOARD OF EXAMINERS OF
NURSING HOME ADMINISTRATORS
[49 PA. CODE CH. 39]
Examination Fees
[26 Pa.B. 330] The State Board of Examiners of Nursing Home Administrators (Board) amends § 39.72 (relating to fees) pertaining to increased fees for October 1995, and subsequent examinations for licensure as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a), and section 7.1 of the Nursing Home Administrators Act (act) (63 P. S. § 1107.1), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. This amendment will change fees for examinations to candidates for licensure. Contract costs for examination services increased October 1995, under the new contract executed September 1, 1995.
Public notice of intention to amend § 39.72 under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (CDL) (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by the amendment have been given actual notice of the Board's intention to amend § 39.72 in advance of final rulemaking under section 204(2) of the CDL.
Statutory Authority This amendment is adopted under section 812.1 of The Administrative Code of 1929 and section 7.1 of the act.
Fiscal Impact and Paperwork Requirements The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay an increased fee to cover contract costs for the examination.
Regulatory Review Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of the amendment was submitted on December 7, 1995, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendment was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-1--732-506).
Under section 5(c) of the Regulatory Review Act, the amendment was deemed approved by the House Committee on December 13, 1995, deemed approved by the Senate Committee on December 27, 1995, and was approved by IRRC on January 3, 1996.
Additional Information Individuals who desire information are invited to submit inquiries to Melissa Wilson, Board Administrator, State Board of Examiners of Nursing Home Administrators, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7155.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulation adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL because the Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL is in this circumstance, unnecessary, because section 812.1 of The Administrative Code of 1929 requires candidate fees cover the cost of the examination.
(2) Persons affected by the amendment adopted by this order have been given actual notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL.
(3) The amendment of the regulations of the Board in the manner provided in this Order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 39, are amended by amending § 39.72 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin, and apply to examinations administered on and after September 1, 1995.
RONALD GABRIEL,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 284 (January 20, 1996).)
Fiscal Note: 16A-621. 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 39. STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
RENEWAL § 39.72. Fees.
The following is a schedule of fees charged by the Board:
Biennial renewal of nursing home administrators
license$108 License application fee $30 N.A.B. examination fee $170 State rules and regulations examination $87 Complete nursing home administration
examination$212 Temporary permit fee $150 Certification of examination scores $15 Verification of licensure fee $10 Continuing education provider application fee $50 Continuing education program application fee per
credit$10 Continuing education individual program application
fee$20
[Pa.B. Doc. No. 96-100. Filed for public inspection January 26, 1996, 9:00 a.m.]
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