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PA Bulletin, Doc. No. 02-495

RULES AND REGULATIONS

STATE BOARD OF PHYSICAL THERAPY

[49 PA. CODE CH. 40]

Examination Fees

[32 Pa.B. 1658]

   The State Board of Physical Therapy (Board) amends §§ 40.5 and 40.13--40.16 to read as set forth in Annex A.

Effective Date

   The amendments take effect upon publication of the final-form rulemaking in the Pennsylvania Bulletin.

Statutory Authority

   This final-form rulemaking authorized under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 8 of the Physical Therapy Practice Act (63 P. S. § 1308).

Background and Purpose

   This final-form rulemaking deletes references to examination fees for the physical therapist, athletic trainer and physical therapist assistant examinations. A third-party testing organization develops and administers the examinations. The fees are established by the test provider and are paid by the examinee. The examiner communicates directly with the applicants, who pay the examination fees directly to the examiner. Thus, to avoid the necessity of amending its regulations whenever the examination administrator might change the fees, the Board has deleted all references to examination fees.

Response to Comments

   Notice of proposed rulemaking was published at 31 Pa.B. 2379 (May 5, 2001). Publication was followed by a 30-day public comment period during which the Board received no public comments. Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC). The Board did not receive any comments from the House Professional Licensure Committee (HPLC) or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). This final-form rulemaking responds to the comments and suggestions made by IRRC.

   As proposed, the Board would have deleted only the examination fees in § 40.5 (relating to fees). IRRC recommended that the Board delete all references to examination fees and examinations in §§ 40.13--40.16.

   The Board concurs with the recommendation as it applies to § 40.15 (relating to examinations) and has amended this provision accordingly. The Board has not deleted references to the examination in §§ 40.13 and 40.16 (relating to areas of examination; and licensure by endorsement) since the elimination of the examination fees does not change the Board's review process. The Board still determines eligibility to sit for the examinations and still must notify applicants for licensure that an examination is required. The Board does believe, however, that amendments are necessary to clarify that the examinations are administered by the Board-approved vendor, rather than the Board. The Board, therefore, clarified this language in §§ 40.13 and 40.16.

   With respect to § 40.14 (relating to failure; reexamination), an applicant who fails the first examination and wishes to take a second examination shall pay an additional examination fee charged by the vendor. The Board clarifies in § 40.14 that the additional fee is for the examination and that it is charged by the vendor, not by the Board.

   The application procedure is as follows. Upon request, the applicant receives from the Board an application consisting of four parts. The first part requires the candidate to provide personal data and an application fee to the Board. The second part requests verification of education which is sent directly to the school by the applicant and the school returns it to the Board. The third part is an application for computerized testing which the applicant sends to the Board. The Board forwards this to the National provider after the Board determines the applicant is eligible for the examination. The fourth part is a payment information form which is directly sent by the applicant along with the examination fee to the National provider. The National provider sends the applicant scheduling information to schedule the examination with Prometric Testing Service.

Compliance with Executive Order 1996-1

   The Board reviewed this final-form rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1, ''Regulatory Review and Promulgation,'' and determined that the final-form rulemaking comply with the order.

Fiscal Impact and Paperwork Requirements

   The final-form amendments will have no adverse fiscal impact nor will they impose significant paperwork requirements on the Board, licensees, the Commonwealth, its political subdivisions or the public sector.

Sunset Date

   The Board continually monitors the effectiveness of its regulations through communication with the regulated population. Accordingly, no sunset date has been set.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 5, 2001, the Board submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 2379, to IRRC and to the Chairpersons of SCP/PLC and HPLC for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC, SCP/PLC and HPLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Board has considered the comments received from IRRC, SCP/PLC, HPLC and the public.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on March 4, 2002, this final-form rulemaking was deemed approved by the SCP/PLC and HPLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on March 7, 2002, and approved the final-form rulemaking.

Contact Person

   Further information may be obtained by contacting Robert Kline, Administrative Assistant, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7134.

Findings

   The Board finds tha:

   (1)  Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided as required by law and all comments were considered.

   (3)  This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 31 Pa.B. 2379.

   (4)  This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this Preamble.

Order

   The Board, acting under its authorizing statutes, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 40, are amended by amending § 40.5 to read as set forth at 31 Pa.B. 2379; and by amending §§ 40.13--40.16 to read as set forth in Annex A.

   (b)  The Board shall submit this order, 31 Pa.B. 2379 and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.

   (c)  The Board shall certify this order, 31 Pa.B. 2379 and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect on final-form publication in the Pennsylvania Bulletin.

   (Editor's Note: The amendments to §§ 40.13--40.16 were not included in the proposal at 31 Pa.B. 2379.)

JAMES J. IRRGANG,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 1590 (March 23, 2002).)

   Fiscal Note: Fiscal Note 16A-658 remains valid for the final adoption of the subject regulations.

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 LICENSURE

§ 40.13.  Areas of examination.

   (a)  An applicant for licensure shall pass the approved licensing examination described in section 6(b) of the act (63 P. S. § 1306(b)). The Board's approved vendor conducts at least two written examinations each year. The examinations will be conducted in the English language in the following areas:

   (1)  Basic science.

   (2)  Clinical science.

   (3)  Physical therapy theory and procedures.

   (b)  Oral or practical examinations, or both, for licensure may be administered by the Board-approved vendor under section 6(b) of the act, in addition to the requirement of passing a written examination for licensure.

§ 40.14.  Failure; reexamination.

   (a)  Applicants shall successfully pass, to the satisfaction of the Board, the examination approved by the Board. In cases of failure at the first examination, the applicant shall have, after the expiration of 6 months and within 2 years from the date of the first failure, the privilege of a second examination, with the payment of an additional examination fee charged by the vendor.

   (b)  After a second or successive failure to pass the examination, an applicant desiring to take a third or successive examination shall make a new application within the meaning of section 5 of the act (63 P. S. § 1305) within 6 months from the date of the last failure; provided, however, that prior to filing a new application for examination, the Board may require evidence of additional training. If the Board determines that the applicant will be permitted to take a third or successive examination, the Board may, authorize in connection with a written examination an oral or practical examination, or both, to test the knowledge and competence of the applicant.

   (c)  The granting of permission by the Board to take a third or successive examination is at all times subject to the applicant otherwise qualifying under the requirements in force at the time permission to take the examination is sought.

§ 40.15.  Examinations.

   (a)  An application for licensure by examination may be obtained from the State Board of Physical Therapy, Post Office Box 2649, Harrisburg, Pennsylvania, 17105-2649.

   (b)  No applicant may be admitted to examination who is unable to present, at the time of application, the required credentials of professional education from an approved institution.

   (c)  Examinations are conducted by numbers, exclusive of names, and the candidate may in no part of his paper give indication as to his name or school of graduation.

   (d)  As a means of identifying applicants, two unmounted finished photographs, not proofs, of each applicant shall be furnished, one of which shall be certified by the appropriate officer of the physical therapy school attended and the other of which shall be marked with the number assigned to the candidate and shall be returned to him with a card of admission to the examinations. Each candidate shall bring the admission card and returned photograph to the Board; otherwise, the candidate may not be admitted to the examination.

§ 40.16.  Licensure by endorsement.

   An applicant for licensure by endorsement is required to submit the professional credentials in § 40.11 (relating to license by examination; requirements for examination), and comply with the following:

   (1) Submit a written application on forms provided by the Board, together with evidence satisfactory to the Board that he is licensed or otherwise registered as a physical therapist in another state or territory of the United States, or in the District of Columbia, if the requirements for licensure or registration in the state, territory or district were, at the date of his licensure or registration, substantially equal to the requirements for licensure or registration in this Commonwealth under the act.

   (2)  In the event that an applicant for licensure by endorsement has taken and failed the Commonwealth's approved examination one or more times but has subsequently taken and passed an examination given in another state or territory of the United States or in the District of Columbia, proof shall be given to the Board by the applicant that the other examination taken and passed by the applicant was in fact equivalent to the examination this Commonwealth has approved, before the Board will exercise its discretion in considering endorsing the applicant for licensure.

   (3)  A fee prescribed in § 40.5 (relating to fees) shall accompany each application for licensure by endorsement. Reference should be made to section 6(d)(2) of the act (63 P. S. § 1306(d)(2)).

[Pa.B. Doc. No. 02-495. Filed for public inspection March 29, 2002, 9:00 a.m.]


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