RULES AND REGULATIONS
STATE BOARD OF OPTOMETRY
[49 PA. CODE CH. 23]
Fees
[27 Pa.B. 2543] The State Board of Optometry (Board) amends § 23.91 (relating to fees), to read as set forth in Annex A. The objective of the amendment is to establish an application fee for certification of an optometrist to prescribe and administer pharmaceutical agents for therapeutic purposes (commonly referred to as TPAs). The fee will offset the identifiable costs incurred by the Board to process an application for certification and defray a portion of the Board's overhead.
The Optometric Practice and Licensure Act (63 P. S. §§ 244.1--244.12) was amended by the act of October 30, 1996 (P. L. 721, No. 130) (Act 130) to require, inter alia, the certification and regulation of the prescription and administration by optometrists of TPAs. The Board is required to certify eligible optometrists in two categories. The first requires an applicant to have: (a) graduated from an accredited school of optometry where a condition for graduation is or was the successful completion of a minimum of 100 hours in TPAs; and (b) passed a licensure examination to practice optometry which included TPAs. The second requires an applicant to have: (a) completed a Board-approved course of a minimum of 100 hours in TPAs; and (b) passed an examination on TPAs prepared and administered by a qualified and approved professional testing organization.
The Board estimates that approximately 1,000 currently licensed optometrists will seek certification in TPAs. In processing the applications, the Board staff spends approximately 30 minutes on each application. The applications are reviewed for completeness, education and examination scores are verified, optometric licensure is verified and applicants are requested to provide missing information. If the application is acceptable, it is processed through the computer and certification is issued to the applicant. Ineligible applicants are notified that certification has been denied. The proposed fee of $25 is a combination of these processing costs and a portion of the Board's administrative overhead.
Public notice of intention to amend the Board's regulations 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 the newly enacted provisions of the act require the Board to certify eligible persons immediately and the fee provisions of the act require the Board to recoup its expenses related to the certification process. Persons affected by the amendment, however, 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 proposed under sections 4.1 and 9(c) of the act (63 P. S. §§ 244.1 and 244.9(c)).
Fiscal Impact and Paperwork Requirements
The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Applicants for certification in TPAs will be required to pay a fee to cover the costs of certification.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on April 4, 1997, a copy of the amendment was submitted 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 Senate Committee on April 15, 1997, approved by the House Committee on April 23, 1997, and approved by IRRC on May 1, 1997.
Additional Information
Individuals who desire information are invited to submit inquiries to Deb Smith, Board Administrator, State Board of Optometry, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783- 7134.
Findings
The Board finds that:
(1) Public notice of intention to amend its 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 procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary, because the newly enacted provisions of section 4.1 of the act require the Board to immediately certify eligible optometrists in the prescription and administration of TPAs. Without this regulation, the Board will not be able to fulfill this obligation as well as its mandate to match revenues to expenditures.
(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.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 23, are amended by amending § 23.91 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.
ROBERT A. GINSBURG, O.D.,
Chairperson(Editor's Note: For the text of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2490 (May 17, 1997).)
Fiscal Note: 16A-524. 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 23. STATE BOARD OF OPTOMETRY FEES § 23.91. Fees.
The following is the schedule of fees for services charged by the Board:
License application $25 Certified copy of license for each additional practice location $15 Certification of scores or licensure, or both $15 Verification of licensure $10 Biennial renewal--optometrist license $135 Biennial renewal--certified copy of license for each additional practice location $20 Application for certification to prescribe and administer pharmaceutical agents for therapeutic purposes $25
[Pa.B. Doc. No. 97-824. Filed for public inspection May 23, 1997, 9:00 a.m.]
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