PROPOSED RULEMAKING
STATE BOARD OF PHARMACY
[49 PA. CODE CH. 27]
Application Fees
[29 Pa.B. 1088] The State Board of Pharmacy (Board) proposes to amend § 27.91 (relating to schedule of fees) by revising certain application fees to read as set forth in Annex A.
A. Effective Date
The proposed amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendment is authorized under section 8.2 of the Pharmacy Act (act) (63 P. S. § 390-8.2).
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 the fees for applications for initial pharmacy licenses, new pharmacy permits, intern registration, changes in pharmacy permits, reinspections of new pharmacies after failure at first inspection, verifications of licenses and permits, and certifications of examination scores and internship hours did not accurately reflect the actual cost involved of providing the services. Fees for the Board in these categories have not been revised since 1988. In some cases the fees exceeded actual cost, but in most, the fees fell short of the cost to provide the service.
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.
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 regulation 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 amendment 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 amendment 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 February 17, 1999, the Board submitted a copy of this proposed amendment 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 amendment, 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 amendment, 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 regulation, 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 amendment to Rita T. Solie, Chief, Health Licensing Division, State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-548 (Application Fees), when submitting comments.
PAULA L. CASTOR, R.Ph.,
ChairpersonFiscal Note: 16A-548. 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
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] 30 Application for pharmacist license $[25] 40 [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:] * * * * * Certification of examination scores or internship hours $[15] 25 [Certification of current] Verification of licensure $[10] 15 * * * * * New pharmacy permit application $[145] 100 Reinspection of new pharmacy after failure at first inspection $[45] 90 Pharmacy permit change without inspection $[15] 30 Pharmacy permit change when inspection required $[50] 95 Change in pharmacy ownership or Board of Directors $[15] 30 [Certification of valid] Verification of permit $[10] 15 * * * * *
[Pa.B. Doc. No. 99-306. Filed for public inspection February 26, 1999, 9:00 a.m.]
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