PROPOSED RULEMAKING
STATE BOARD OF DENTISTRY
[49 PA. CODE CH. 33]
Fees
[27 Pa.B. 1577] The State Board of Dentistry (Board) proposes to amend § 33.3 (relating to the schedule of fees), to read as set forth in Annex A. The objective of the proposed amendment is to establish application, temporary permit, verification and renewal fees for expanded function dental assistants (EFDAs) and to increase the application fees for dentists and dental hygienists. The fees will offset the identifiable costs incurred by the Board to process the documents and defray a portion of the Board's overhead.
EFDA Fees
The act of December 27, 1994 (P. L. 1361, No. 160) amended The Dental Law (act) (63 P. S. §§ 120--130i), to include the certification and regulation of EFDAs. Under the act, during the period between the effective date of the act and the date the results of the first certification examination is announced, the Board must issue temporary permits to qualified EFDA applicants. See 63 P. S. § 130h(a). The fees for the temporary permits shall be established by regulation. See 63 P. S. § 130h(b).
The Board was unable to obtain any reliable estimate from the private sector of the number of persons currently employed in dental offices who might apply for a temporary permit. As a result, the Board was required to choose between issuing temporary permits and charging a fee at a later time based upon the actual costs incurred in processing the applications, issuing the temporary permits and charging a fee based upon a guesstimate, or waiting to issue the temporary permits until the information could be obtained.
The Board decided that it would be in the interest of EFDAs and the dentists for whom they provide services to accept and process the applications as quickly as possible and charge the fee when the regulation is finally adopted based upon the actual review and processing costs. In May 1995, the Board began accepting and processing temporary permit applications. To date, approximately 1,600 temporary permits have been issued.
In processing the applications, the clerical staff spends approximately 15 minutes on each temporary permit application. The applications are reviewed for completeness, the education and experience are verified and the applicants are requested to provide missing information. If the application is acceptable, it is processed through the computer and the applicant is notified. Applications deemed deficient on their face are forwarded to a committee of the Board for review. If necessary, additional information is requested and reviewed, and the applicant is notified of the final action. The proposed fee of $15 is a combination of these processing costs and the administrative overhead.
In addition to the temporary permit fee, the amendment proposes a $25 biennial renewal fee and a $35 criteria approval application fee for EFDAs. These fees are based upon the average biennial administrative expense per certificateholder added to the average biennial regulatory expense per certificateholder. Verification and certification fees have also been added to the Board's fee schedule to match those charged to dentists and dental hygienists.
Application Fees
The proposed amendment to § 33.3 also increases the application fees for dentists and dental hygienists to more accurately reflect the Board's actual expenses. Currently, dentists and dental hygienists pay an application fee of $15, however, the actual cost of processing each application is approximately $18.21. Since 1988, when these fees were last increased, the postal rates increased three times and the cost of personnel increased. The Board is therefore recommending a proposed fee of $20.
In addition to the processing requirements outlined for temporary permits, prior to issuing a license, clerical staff also researched rosters to locate, verify and enter examination scores for the practical and clinical examinations.
Statutory Authority
Sections 4(a) and 11.7 of the act (63 P. S. §§ 123(a) and 130h), require the Board to fix the fees required for licensure and renewal of licenses, certificates and temporary permits by regulation.
Fiscal Impact
The proposed amendment will require EFDAs who wish to practice in this Commonwealth and dentists or dental hygienists to pay for the Board's expenses in processing their applications for temporary permits, certificates or licenses. The proposal should have no fiscal impact on the private sector, the general public or the political subdivisions.
Paperwork Requirements
The proposed amendment will require the Board to alter some of its forms to reflect the new application, certification, verification, temporary permit and biennial renewal fees; however, the proposed amendment should create no additional paperwork for the private sector.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 13, 1997, the Board submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposal, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it will notify the Board within 30 days after the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the agency, the General Assembly and the Governor of objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Judith Pachter Schulder, Counsel, State Board of Dentistry, Post Office Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication in the Pennsylvania Bulletin.
EDWIN F. WEAVER, III, D.D.S.,
ChairpersonFiscal Note: 16A-463. 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 33. STATE BOARD OF DENTISTRY
Subchapter A. GENERAL PROVISIONS § 33.3. Fees.
Following is the schedule of fees charged by the Board:
[License application] Application fee--dentists [and], dental hygienists and expanded function dental assistants
$[15]20Criteria approval application fee--dentists [and], dental hygienists and expanded function dental assistants
$35* * * * * Verification [of licensure] fee--dentists [and], dental hygienists and expanded function dental assistants
$10Certification [of licensure] fee--dentists [and], dental hygienists and expanded function dental assistants
$15* * * * * Biennial renewal fee--expanded function dental assistants
$25Biennial renewal fee--unrestricted or restricted anesthesia permit
$25Temporary permit--expanded function dental assistants
$15
[Pa.B. Doc. No. 97-479. Filed for public inspection March 28, 1997, 9:00 a.m.]
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