RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF OSTEOPATHIC MEDICINE
[49 PA. CODE CH. 25]
Examination Fees
[26 Pa.B. 485] The State Board of Osteopathic Medicine (Board) amends §§ 25.231 and 25.241 (relating to fees; and unrestricted license by examination), pertaining to schedule of fees and unrestricted license by examination, as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and sections 13.1 and 16 of the Osteopathic Medical Practice Act (act) (63 P. S. §§ 271.13a and 271.16), examinations for licensure other than National uniform examinations must be prepared and administered by a professional testing organization under contract to the appropriate board.
These amendments will reduce the fee for the osteopathic manipulative therapy (OMT) examination. Contract costs for the OMT examination will decrease under the new contract executed September 1, 1995.
These amendments also make technical changes to §§ 25.231 and 25.241(2) which pertain to the National Board of Osteopathic Medical Examiners examination (NBOME). The fees for the NBOME are removed from the listing of Board fees because the Board makes use of the NBOME, but does not contract with the National Board to develop or administer the NBOME. The Board deletes unnecessary, dated language from § 25.241(2) and adds language to indicate that the applicant pay the required NBOME fee at the direction of the National Board. This amendment will neither change the requirement that applicants for licensure by examination will be required to pass the NBOME examination nor will it change the examination fee.
Public notice of intention to amend §§ 25.231 and 25.241 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 §§ 25.231 and 25.241 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 1929 and sections 13.1 and 16 of the act.
Fiscal Impact and Paperwork Requirements
These amendments will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will pay a lower fee to cover contract costs for the OMT examination.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of the amendments were 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. §§ 732-101--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 Gina Bittner, Board Administrator, State Board of Osteopathic Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-4858.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulations 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 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 amendments 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 25, are amended by amending §§ 25.231 and 25.241 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.
MORRIS A. FISHMAN, D.O.,
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-534. 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 25. STATE BOARD OF
OSTEOPATHIC MEDICINE
Subchapter F. FEES § 25.231. Schedule of fees.
An applicant for a license, certificate, registration or service shall pay the following fees at the time of application:
Application for unrestricted license--original,
reciprocal, boundary or by endorsement$85 Application for short-term camp license $25 Osteopathic Manipulative Therapy Examination $87 Temporary training license or graduate training
certificate$25 Annual renewal of temporary training license or
graduate training certificate$25 Application for physician assistant certificate $85 Application for supervising physician $80 Uncertified verification of licensure $10 Certification of licensure or examination grades $15 Biennial renewal--physicians $75 Biennial renewal--physician assistants $10 Penalty for late biennial renewal--per month or
part of month$5 Duplicate license or certificate $5 ARRT Examination in Radiography $30 ARRT Examination in Nuclear Medicine
Technology$30 ARRT Limited Examination in Radiography $35 ARRT Limited Examination in Radiography--Skull
and Sinuses$35 Study Materials for ARRT Limited Examination
in Radiography$21 Application for acupuncturist registration $15 Biennial renewal--acupuncturists $25 Application for acupuncturist supervisor
registration$15
Subchapter G. LICENSING, EDUCATION AND GRADUATE TRAINING
LICENSURE REQUIREMENTS § 25.241. Unrestricted license by examination.
To secure an unrestricted license for the practice of osteopathic medicine and surgery by examination, the applicant shall meet the following educational and professional requirements. The applicant shall have:
(1) Graduated from an approved osteopathic medical college.
(2) Received passing scores on Parts I, II and III of the National Board Examination. The applicant shall pay the required examination fee at the direction of the National Board.
(3) Received a passing score on the practical examination in osteopathic diagnosis and manipulative therapy developed and administered by the Board or a designated professional testing organization.
(4) Successfully completed an approved internship.
(5) Complied with the malpractice insurance requirements of the Health Care Services Malpractice Act (40 P. S. §§ 1301.101--1301.1006) and regulations thereunder.
(6) Completed an application obtained from the Board detailing education and experience and indicating compliance with the applicable provisions of the act and this chapter, submitted with the required fees.
[Pa.B. Doc. No. 96-138. Filed for public inspection February 2, 1996, 9:00 a.m.]
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