RULES AND REGULATIONS
STATE BOARD OF PHYSICAL THERAPY
[49 PA. CODE CH. 40]
Examination Fees
[26 Pa.B. 5110] The State Board of Physical Therapy (Board) amends § 40.5 (relating to fees) pertaining to increased fees for March 1997 and subsequent examinations for licensure of physical therapists to read as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 8 of the Physical Therapy Practice Act (63 P. S. § 1308) (act), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. The Board is under contract with Professional Examination Service (PES) which provides the examination and with Local Government Research (LGR) which currently administers it in March, July and November each year. This amendment will change fees for examinations to candidates for licensure to implement computer-based testing. The examination remains unchanged; however, through the implementation of computer-based testing, it will be available throughout the year at any of eight locations in this Commonwealth or nearly 200 locations Nationwide. PES subcontracts with Sylvan Technology Centers which administer the examination. The Federation of State Boards of Physical Therapy anticipates that all states will adopt computer-based testing by 1998. Contract costs for examination services will increase beginning with the effective date of this increase and the implementation of computer-based testing which is planned to occur prior to the scheduled March 1997 administration of the examination.
Public notice of intention to amend § 40.5 under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) 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 this amendment 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.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This amendment is adopted under section 812.1 of The Administrative Code of 1929 and section 8 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 September 13, 1996, 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. §§ 732-101--732-506).
Under section 5(c) of the Regulatory Review Act, the amendment was approved by the House and Senate Committees on October 1, 1996, and September 25, 1996, respectively, and by IRRC on October 3, 1996.
Additional Information
Individuals who desire information are invited to submit inquiries to Robert Kline, Board Administrator, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649. The telephone number of the Board is (717) 783-7134.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulation as 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 as 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.
Orders
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 40, are amended by amending § 40.5 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 by PES after October 26, 1996.
BARBARA A. AFFLERBACH,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5181 (October 26, 1996).)
Fiscal Note: 16A-654. 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 40. STATE BOARD OF
PHYSICAL THERAPY
GENERAL PROVISIONS § 40.5. Fees.
The following fees are charged by the Board:
Physical therapist:
Application for licensure by examination $20 Application for licensure by endorsement $20 Application for licensure by foreign training $160 Physical therapy examination:
(Effective 11/95) $230 Examination (Effective 3/97) $245 Temporary license $15 Biennial renewal $37 Athletic trainer:
Application for certification $20 Athletic trainer examination $83.75 Biennial renewal $37 Physical therapist assistant listing $15 Certification of examination scores or
certification of licensure$15 Verification of licensure or certification $10
[Pa.B. Doc. No. 96-1793. Filed for public inspection October 25, 1996, 9:00 a.m.]
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