RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF PHARMACY
[49 PA. CODE CH. 27]
Examination Fees
[28 Pa.B. 5241] The State Board of Pharmacy (Board) amends §§ 27.21, 27.24 and 27.91, pertaining to 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 now developed a computer-based adaptive examination to replace the Federal Drug Law Examination (FDLE) on pharmacy jurisprudence. Beginning in November 1998, the NABP will offer in computerized format the Multistate Pharmacy Jurisprudence Examination (MPJE) as the National uniform examination to test entry-level knowledge in jurisprudence prerequisite to licensure as a pharmacist. A professional testing organization under contract with the NABP will offer the examination Monday through Friday, excluding holidays, at a network of computer-based test centers. Candidates who meet the eligibility requirements of §§ 27.21--27.25 will receive a schedule of available test dates, times and locations. Eligible candidates may then take the MPJE at a time convenient to them and the test center. The greater number of test centers and available test times will enhance scheduling flexibility for candidates. Additionally, candidates will receive test scores in a far more timely manner.
The amendments reflect the replacement of the FDLE with the computer-delivered MPJE. Section 27.91 (relating to fees) amends examination fees and examination nomenclature. The fees will be the actual charges of the NABP to schedule a candidate to take the examination. The minor fee increase of $10 is the result of development costs spread over all licensing jurisdictions which embraced the computer test model. Amendments to § 27.21 (relating to application for examination and licensure) change examination nomenclature and delete application procedures no longer applicable. Section 27.24 (relating to examinations and passing scores) is amended to provide transition language, delete outdated examination provisions and clarify minimum passing scores.
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) (CDL) (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. All 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 final 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 rulemaking with proposed rulemaking omitted addresses a compelling public interest as described in this Preamble and otherwise complies 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 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 September 1, 1998, a copy of the amendments with the proposed rulemaking omitted 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 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 deemed approved by the House and Senate Committees on September 21, 1998. IRRC met on September 24, 1998, and approved the amendments.
Additional Information
Individuals who desire information are invited to submit inquiries to the State Board of Pharmacy, Attention: Rita T. Solie, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7156.
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 cost 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, 27.24 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 28 Pa. B. 5189 (October 10, 1998).)
Fiscal Note: 16A-547. 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 Multistate Pharmacy Jurisprudence Examination (MPJE) shall obtain an application for licensure from the Board, complete the application and file the application with the Board.
(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 forms provided by the test administrator.
(d) Affidavits of internship experience gained after the filing of the application shall be filed before the examination date.
§ 27.24. Examinations and passing scores.
On and after March 1, 1997, but before November 1, 1998, candidates for licensure by examination are required to pass both the North American Pharmacist Licensure Examination (NAPLEX) and the Federal Drug Law Examination (FDLE), developed and administered by the National Association of Boards of Pharmacy (NABP).
(b) On and after November 1, 1998, candidates for licensure by examination are required to pass both the NAPLEX and the Multistate Pharmacy Jurisprudence Examination (MPJE), developed and administered by the NABP.
(c) The minimum passing score on each examination will be as determined by the NABP.
FEES § 27.91. Schedule of fees.
An applicant for a 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)
$75 Effective with the November 1, 1998, examinations:
North American Pharmacist Licensure
Examination (NAPLEX)$250 Multistate Pharmacy Jurisprudence
Examination (MPJE)$85 Certification of examination scores or internship
hours$15 Certification of current licensure
$10 Assistant pharmacist 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
Directors$15 Certification of valid permit
$10 Biennial renewal of pharmacy permit
$75 Pharmacy permit late renewal penalty
$25
[Pa.B. Doc. No. 98-1705. Filed for public inspection October 16, 1998, 9:00 a.m.]
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