PROPOSED RULEMAKING
STATE BOARD OF PHYSICAL THERAPY
[49 PA. CODE CH. 40]
Fees
[29 Pa.B. 1615] The State Board of Physical Therapy (Board) proposes to amend §§ 40.5 and 40.153 (relating to fees) by revising certain application fees to read as set forth in Annex A.
A. Effective Date
The proposed amendments will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendments are authorized under section 8(b) of the Physical Therapy Practice Act (act) (63 P. S. § 1308(b)).
C. Background and Purpose
The act requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to individual licensees or applicants are excluded from general operating revenues and are funded through fees in which the cost of providing the service forms the basis for the fee.
In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual cost calculations are based upon the following formula:
number of minutes to perform the function
x
pay rate for the classification of personnel performing
the function
+
a proportionate share of administrative overhead.The analysis determined that certain fees were insufficient to capture the actual cost of providing the service whereas certain other fees were more than sufficient to capture the cost of providing the service. For example, the proposed fee for an application for licensure as a physical therapist by foreign training would be reduced from $160 to $45 which is the actual cost of processing this application.
In this proposal, fees for the services identified would be adjusted to allocate costs to those who use the service or application. The Board would continue to apportion the enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenue and expenditures.
In addition, this proposal combines all fees into one section rather than splitting fees pertaining to physical therapist assistants into a separate section.
D. Compliance with Executive Order 1996-1
In accordance with the requirements of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendments the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.
E. Fiscal Impact and Paperwork Requirements
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendments will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
F. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 17, 1999, the Board submitted a copy of these proposed amendments 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 proposed amendments, 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 amendments, it will notify the Board within 10 days of the close of the Committees' review 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 amendments, by the Board, the General Assembly and the Governor, of objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Robert Kline, Administrative Assistant, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-655 (Application Fees), when submitting comments.
JAY IRRGANG,
ChairpersonFiscal Note: 16A-655. 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 40. STATE BOARD OF PHYSICAL THERAPY
Subchapter A. PHYSICAL THERAPISTS
GENERAL PROVISIONS
§ 40.5. Fees. The following fees are charged by the Board: Physical therapist: Application for licensure by examination/endorsement $[20] 30 [Application for licensure by endorsement $20] Application for licensure [by] through foreign training $[160] 45 [Physical therapy examination: (Effective 11/95) $230] Verification of licensure or temporary permit $15 Certification of examination scores or licensure $25 Examination [(Effective 3/97)] $245 * * * * * Athletic trainer: * * * * * [Physical therapist assistant listing $15] Certification of examination scores or certification [of licensure] $[15] 25 Verification of [licensure or] certification $[10] 15 Physical therapist assistants: Initial application for registration by exam or endorsement $30 Registration examination $230 Certification of exam scores or registration $25 Biennial renewal of registration $20 Verification of registration $15
Subchapter C. PHYSICAL THERAPIST ASSISTANTS
GENERAL PROVISIONS § 40.153. [Fees] (Reserved).
[The following is a schedule of fees charged by the Board: Initial registration $15 Physical Therapist Assistant Registration Examination (effective 11/95) $230 Certification of registration $15 Biennial renewal of registration $20]
[Pa.B. Doc. No. 99-502. Filed for public inspection March 26, 1999, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
