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PA Bulletin, Doc. No. 96-99

RULES AND REGULATIONS

STATE BOARD OF PODIATRY

[49 PA. CODE CH. 29]

Examination Fees

[26 Pa.B. 328]

   The State Board of Podiatry (Board) amends §§ 29.13 and 29.83 (relating to fees; and examinations) pertaining to increased fees for the radiology and licensure examinations for October and December 1995, respectively, 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 sections 4, 14 and 21.2 of the Podiatry Practice Act (act) (63 P. S. §§ 42.4, 42.14 and 42.21c), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. These amendments will change fees for examinations to candidates for licensure.

   Public notice of intention to amend §§ 29.13 and 29.83 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 amendments have been given actual notice of the Board's intention to amend §§ 29.13 and 29.83 in advance of final rulemaking under section 204(2) of the CDL.

Statutory Authority

   These amendments are adopted under section 812.1 of The Administrative Code of 1919 and sections 4, 14 and 21.2 of the act.

Fiscal Impact and Paperwork Requirements

   The amendments 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 amendments 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 amendments were 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 amendments were approved by the House Committee on December 13, 1995, deemed approved by the Senate Committee on December 27, 1995, and were approved by IRRC on January 3, 1996.

Additional Information

   Individuals who desire information are invited to submit inquiries to Shirley Klinger, Board Administrator, State Board of Podiatry, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7134.

Findings

   The Board finds that:

   (1)  Public notice of intention to amend the regulations 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 amendments 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 29, are amended by amending §§ 29.13 and 29.83 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.

STANLEY E. BOC, D.P.M.,   
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-441. 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 29. STATE BOARD OF PODIATRY

LICENSES

§ 29.13. Fees.

   (a)  The schedule of fees charged by the Board is as follows:

Examination or reexamination$345
Effective June 1996$395
Initial license$25
Biennial renewal of license$175
License by reciprocity$105
Branch office certificate$20
Application for approval of educational conference$50
Certification of licensure or scores$15
Verification of licensure$10

   (b)  Fees for examination or reexamination and initial license shall accompany the application. Refunds of fees for examination or reexamination and initial license shall be as specified in the application for examination.

   (c)  Other fees shall accompany applications and be made payable to the ''Commonwealth of Pennsylvania'' by personal check or money order. These fees will not be refunded.

PERFORMANCE OF RADIOLOGICAL PROCEDURES BY AUXILIARY PERSONNEL

§ 29.83. Examinations.

   (a)  An examination in radiology shall cover the subjects of anatomy, physiology and physics for technicians and radiographers, with emphasis being placed on the scope of the practice of podiatric medicine.

   (b)  Applications for examination shall be completed on forms furnished by the Board and submitted at least 60 days prior to the scheduled date of the examination to the State Board of Podiatry, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.

   (c)  The fee for examination is $87.

[Pa.B. Doc. No. 96-99. Filed for public inspection January 26, 1996, 9:00 a.m.]


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