PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Fees
[31 Pa.B. 4651] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.4 and 47.34 (relating to licensure fees; and registration of continuing education providers, courses and programs); and add §§ 48.4 and 49.3 (relating to applicability of general provisions in Chapter 47) to read as set forth in Annex A.
A. Effective date
The proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed rulemaking is authorized under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1906(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.
Three licensure groups were added to the Board under the enactment of the act of December 21, 1998 (P. L. 1017, No. 136) (Act 136), which necessitated a determination of fees for services to the new licensees and applicants. Additionally, existing 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 existing fees for applications for licensure and original license issuance as a licensed social worker, and approval as a continuing education provider or program, did not accurately reflect the actual cost involved of providing the services. Fees for the Board in these categories fell short of the cost to provide the service. The analysis also determined the actual cost for application fees for licensure and original license issuance for clinical social workers, marriage and family therapists and professional counselors.
Biennial renewal fees for the three new licensure groups were determined by applying the existing biennial renewal fee for licensed social workers.
In this proposal, fees for the services identified will 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, in drafting and promulgating the proposed rulemaking, the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants. The Board also extended the invitation to the following boards, associations and interested licensees and educators to preliminarily review and comment on the Boards draft regulatory proposal: James Gavin, National Association of Social Workers; Association of Social Work Boards; Morgan Plant/PA Alliance of Counseling; Council on Social Work Education; Donna F. Derr, Ph.D., LSW. Director of Family and Comm. Ed.; Pennsylvania Society for Clinical Social Work; Edward Beck, Ed.D., CCMHC, NCC/Susquehanna Institute/East Shore Med. Ctr.; David W. Hall, Ph.D. Associate Professor/Counseling/University of Scranton; John M. Sutton, Jr.; Robert C. Nielsen, President, American Assoc. of State Counseling Bds.; Sally J. Tice, Ph.D./The Marriage & Family Life Ctr.; and Donald B. Kaveny, Director/American Association of Marriage and Family Therapists.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking 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 rulemaking 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 August 9, 2001, 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.
Under section 5(g) of the Regulatory Review Act, 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 the portion of the proposed amendments to which an objection is made. 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 rulemaking to Eva Cheney, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Reference No. 16A-695 (Fees), when submitting comments.
THOMAS F. MATTA, Ph.D.,
ChairpersonFiscal Note: 16A-695. 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 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF SOCIAL WORKERS
GENERAL PROVISIONS § 47.4. Licensure fees.
(a) The fee schedule for licensure as a licensed social worker [or for a] , provisional license, licensed clinical social worker, licensed marriage and family therapist or licensed professional counselor shall be as follows:
(1) Application fee for licensure and original license issuance as a licensed social worker $[15] 25 (2) Biennial renewal for licensed social worker, clinical social worker, marriage and family therapist or professional counselor $45 * * * * * (7) Application fee for licensure and original license issuance as a clinical social worker, marriage and family therapist or professional counselor
$45 * * * * *
CONTINUING EDUCATION § 47.34. Registration of continuing education providers, courses and programs.
* * * * * (b) An applicant for Board approval as a provider of a course or program shall submit an application, along with a fee of [$25] $40, at least 90 days before the date of the course or program commences.
* * * * *
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
GENERAL PROVISIONS § 48.4. Applicability of general provisions in Chapter 47.
Sections 47.2--47.4 and 47.34 apply to this chapter.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS
GENERAL PROVISIONS § 49.3. Applicability of general provisions in Chapter 47.
Sections 47.2--47.4 and 47.34 apply to this chapter.
[Pa.B. Doc. No. 01-1561. Filed for public inspection August 24, 2001, 9:00 a.m.]
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