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PA Bulletin, Doc. No. 96-96

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF CHIROPRACTIC

[49 PA. CODE CH. 5]

Examination Fees

[26 Pa.B. 324]

   The State Board of Chiropractic (Board) amends § 5.6 (relating to fees) pertaining to the requisite licensure examinations and corresponding fees for the May 1996, 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 502(d) of the Chiropractic Practice Act (act) (63 P. S. § 625.502(d)), examinations for licensure must be prepared and administered by a professional testing organization under contract to the Board. This amendment notifies candidates of examinations and examination fees commencing with the May 1996, examination.

   In December 1995, the Board administered the Oral/Practical Examination in Chiropractic Technic and Jurisprudence ($45) as had been done in the past. However, for the May 1996 examination, the Board will only administer the practical part of the Oral/Practical Examination in Chiropractic Technic and Jurisprudence. The jurisprudence portion will consist of the new Pennsylvania Chiropractic Law Examination ($87), to be administered by a professional testing organization.

   Public notice of intention to amend § 5.6 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 § 5.6 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 1101 of the act (63 P. S. § 625.1101).

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 8, 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. §§ 732-101--732-506).

   Under section 5(c) of the Regulatory Review Act, the amendment was approved by the House and Senate Committees on December 13, 1995, and approved by IRRC on January 3, 1996.

Additional Information

   Individuals who desire information are invited to submit inquiries to Kathleen McLinn, Board Administrator, State Board of Chiropractic, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7156.

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 that 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 regulation in advance of final rulemaking under section 204(2) of the CDL.

   (3)  The amendment of the regulation 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 5, are amended by amending § 5.6 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 be come effective immediately upon publication in the Pennsylvania Bulletin, and apply to examinations given in May 1996.

RANDY W. MCCALL, D.C.,   
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-435. 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 5.  STATE BOARD OF CHIROPRACTIC

Subchapter A.  GENERAL PROVISIONS

§ 5.6.  Fees.

   The Board will charge the following fees:

Oral/Practical Examination in Chiropractic Technic
for May 1996 examination only
$45
Pennsylvania Chiropractic Law Examination$87
Application for Licensure by Examination$25
Application for Licensure by Reciprocity$65
Biennial Registration$210
Limited License$30
Adjunctive Procedure Certification$25
Certification of Grades or Licensure$25
Application for Continuing Education Course
Approval
$30
Radiological Procedures Examination$55
License Restoration$25
[Pa.B. Doc. No. 96-96. Filed for public inspection January 26, 1996, 9:00 a.m.]



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