RULES AND REGULATIONS
STATE BOARD OF PHARMACY
[49 PA. CODE CH. 27]
Examination Fees
[27 Pa.B. 2545] The State Board of Pharmacy (Board) amends §§ 27.21, 27.23--27.25 and 27.91 pertaining to fees for examinations for licensure to read as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and sections 3, 6(k) and 8.2 of the Pharmacy Act (act) (63 P. S. §§ 390-3, 390-6(k) and 390-8.2), examinations for licensure must be prepared and administered by a professional testing organization under contract to the Board. The Board utilizes the examinations of the National Association of Boards of Pharmacy (NABP). The NABP consists of the licensing boards of all 50 states, the District of Columbia and United States territories and possessions. The NABP has developed a computer-based adaptive examination to replace the written (pencil and paper) examination known as the North American Pharmacist Licensure Examination (NABPLEX). Beginning in March 1997, the NABP will offer in computerized format the NAPLEX as the National uniform examination for licensure. The examination will be offered at numerous intervals in March, June, July and October of each year at a network of computer-based test centers by a professional testing organization under contract with the NABP. Candidates eligible to take the examination under §§ 27.21--27.25 may schedule testing periods at available test centers during the intervals established.
The amendments reflect the replacement of the pencil-and-paper NABPLEX with the computer-delivered NAPLEX. The amendments to § 27.91 (relating to schedule of fees) establish reduced examination fees and reflect changes in examination nomenclature. The fees will be the actual charges of the NABP to schedule a candidate to take the examination. The reduced fees are the result of prior development costs having been spread over all licensing jurisdictions, all of which embraced the computer test model.
Section 27.21 (relating to application for examination and licensure) is amended to reflect changes in examination nomenclature and application procedures. Section 27.23 (relating to time and place for holding examinations) is amended to clarify that times and locations for the examination will be established by the Board in conjunction with the NABP. Section 27.24 (relating to examinations and passing scores) is amended to provide transition language, delete outdated examination provisions and clarify minimum passing scores. Also contemplated in this section is the eventual replacement, anticipated in late 1998, of the Federal Drug Law Examination (FDLE) with a computer-adaptive multistate pharmacy jurisprudence examination. Section 27.25 (relating to failure to appear for examination) deletes inaccurate language.
Public notice of intention to amend the 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 section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by the amendments, however, 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.
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 regulations address a compelling public interest as described in this Preamble and otherwise comply with Executive Order 1996-1.
Statutory Authority
These amendments are adopted under section 812.1 of The Administrative Code of 1929 and sections 3, 6(k) and 8.2 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 a reduced fee to cover contract costs for the required examinations.
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 amendments 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 amendments were submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-5).
Under section 5(c) of the Regulatory Review Act, the amendments were approved by the Senate Consumer Affairs and Professional Licensure Committee on April 15, 1997, approved by the House Professional Licensure 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 W. Richard Marshman, R.Ph., Executive Secretary, State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA 17105-2649. The telephone number of the Board is (717) 783-7157.
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 procedures specified in sections 201 and 202 of the CDL are in this circumstance, unnecessary, because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the costs of examinations.
(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 the Board's authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 27, are amended by amending §§ 27.21, 27.23--27.25 and 27.91 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.
PAULA L. CASTOR, R.Ph.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2490 (May 17, 1997).)
Fiscal Note: 16A-545. 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 27. STATE BOARD OF PHARMACY
PHARMACISTS § 27.21. Application for examination and licensure.
(a) A candidate for licensure to practice pharmacy by examination applying to take the North American Pharmacist Licensure Examination (NAPLEX) and the Federal Drug Law Examination (FDLE), or its successor, shall obtain an application for licensure from the Board, complete the application, and file the application with the Board at least 45 days before the examination.
(b) The applicant shall include in the application proof of graduation with a B.S. or advanced degree in pharmacy granted by an ACPE accredited school or college; affidavits of all internship experience gained prior to submitting the application; and the application fee.
(c) The applicant shall also complete and submit to the Board with the completed application the examination fees and examination registration and scheduling forms as provided by the test administrator.
(d) Affidavits of internship experience gained after the filing of the application shall be filed before the examination date.
§ 27.23. Time and place for holding examination.
Examinations shall be held at times and determined by the Board in conjunction with the test administrator.
§ 27.24. Examinations and passing scores.
(a) On or before February 28, 1997, candidates for licensure by examination are required to pass both the National Association of Boards of Pharmacy Licensure Examination (NABPLEX) and the Federal Drug Law Examination (FDLE), which shall be administered in January, June and September of each year.
(b) On or before February 28, 1997, the minimum passing grade for the NABPLEX is 75.
(c) On or before February 28, 1997, the minimum passing grade for the FDLE is 75.
(d) On and after March 1, 1997, candidates for licensure by examination are required to pass both the North American Pharmacist Licensure Examination (NAPLEX) and the Federal Drug Law Examination (FDLE), or its successor, developed and administered by the National Association of Boards of Pharmacy (NABP).
(e) On and after March 1, 1997, the minimum passing score on each examination will be as determined by NABP.
§ 27.25. Failure to appear for examination.
The fee paid for investigation and examination of an application for licensure as a pharmacist may not be refunded if the applicant fails to qualify for examination or, if, without good cause as determined by the Board, the applicant fails to appear for examination. In this event, a new application shall be filed and a new application fee paid before the applicant shall be eligible for examination.
FEES § 27.91. Schedule of fees.
An applicant for license, certificate, permit or service shall pay the following fees at the time of application:
Application for pharmacy intern certificate $35 Application for pharmacist license $25 Effective with the March 1997 examinations: North American Pharmacist Licensure Examination (NAPLEX) $250 Federal Drug Law Examination (FDLE), or its successor $75 Certification of examination scores or internship hours $15 Certification of current licensure $10 Assistant pharamacist biennial renewal $120 Registered pharmacist biennial renewal $120 Registered pharmacist late renewal penalty $25 New pharmacy permit application $145 Reinspection of new pharmacy after failure at first inspection $45 Pharmacy permit change without inspection $15 Pharmacy permit change when inspection required $50 Change in pharmacy ownership or Board of Di- rectors $15 Certification of valid permit $10 Biennial renewal of pharmacy permit $75 Pharmacy permit late renewal penalty $25
[Pa.B. Doc. No. 97-825. Filed for public inspection May 23, 1997, 9:00 a.m.]
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