PROPOSED RULEMAKING
STATE BOARD OF NURSING
[49 PA. CODE CH. 21]
Fees
[29 Pa.B. 2299] The State Board of Nursing (Board) proposes to amend §§ 21.5, 21.147 and 21.253 (relating to fees) by revising certain application fees to read as set forth in Annex A.
A. Effective Date
The proposed amendments would be effective upon publication of the final-form regulations in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendments are authorized under section 11.2(a) and (d) of the Professional Nursing Law (63 P. S. § 221.2(a) and (d)) and under section 17.5(a) of the Practical Nurse Law (63 P. S. § 667.5(a)).
C. Background and Purpose
Section 11.2(a) and (d) of the Professional Nursing Law and section 17.5(a) of the Practical Nursing Law require 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 for 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 the
personnel performing the function
+
a proportionate share of administrative overhead As a result of the audit, the Board proposes to increase seven existing fees and to add four new fees for services which had previously not resulted in a charge to the applicant. The analysis determined that current fees do not accurately reflect the actual cost of providing the following services: license applications by endorsement, license applications for out-of-State graduates; reactivation after 5 years of inactivity; temporary practice permits; certified registered nurse practitioner (CRNP) certification; applications for new nursing program approval; and review and challenge of registered nurse (RN) and practical nurse (PN) examination.
Board fees for license applications by endorsement, CRNP certification and certification of scores have not been revised since 1987. Fees for out-of-State graduate license applications, temporary practice permits, new nursing program approval applications, and challenge of the RN and PN examinations have not been revised since 1991, and the fee for reactivating a license after 5 years of inactivity was last revised in 1993. The fee charged for review and challenge of the RN examination exceeds actual costs, but all other fees fell short of the cost to provide the service. The fees for license restoration after a sanction, applications for extending a temporary practice permit, certification of scores and certification of license history are proposed to reflect the actual cost of providing these services.
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 its enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenues and expenditures.
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 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 April 19, 1999, the Board submitted a copy of this proposed rulemaking, 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 (Committees). In addition to submitting the proposed rulemaking, 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.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, 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 G. Cameron, Counsel, State Board of Nursing, 116 Pine Street, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-5112 (Fees), when submitting comments.
M. CHRISTINE ALICHNIE, Ph.D., RN,
ChairpersonFiscal Note: 16A-5112. 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 21. STATE BOARD OF NURSING
Subchapter A. REGISTERED NURSES
GENERAL PROVISIONS § 21.5. Fees.
(a) The following fees are charged by the Board:
* * * * *
Licensure by endorsement $[25] 100 Temporary permit $[20] 35 Extension of temporary permit $60 Application for approval of new nursing
program$[300] 475
Fee for review and challenge of RN
exams$[220] 170 Application fee for out-of-State graduates $[30] 100 * * * * * Reactivation of license (after 5 years or
longer)$[20] 50
Restoration after suspension or revocation $50 Certification of scores $25 Certification of license history $40 * * * * *
Subchapter B. PRACTICAL NURSES
GENERAL PROVISIONS § 21.147. Fees.
(a) The following fees are charged by the Board:
* * * * *
Licensure by endorsement $[25] 100 Temporary permit $[20] 35 Extension of temporary permit $60 Application for approval of new nursing
program$[300] 475
Fee for review and challenge of PN
exams$[130] 170 Application fee for out-of-State graduates $[30] 100 * * * * * Reactivation of license (after 5 years or
longer)$[20] 50
Restoration after suspension or revocation $50 Certification of scores $25 Certification of license history $40 * * * * *
Subchapter C. CERTIFIED REGISTERED NURSE PRACTITIONERS
GENERAL PROVISIONS § 21.253. Fees.
The following fees are charged by the Board:
Certification $[45] 100 * * * * *
[Pa.B. Doc. No. 99-705. Filed for public inspection April 30, 1999, 9:00 a.m.]
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