RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF SOCIAL WORKERS,
MARRIAGE AND FAMILY THERAPISTS AND
PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Fees
[32 Pa.B. 5885] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) amends §§ 47.4 and 47.34 (relating to licensure fees; and registration of continuing education providers, courses and programs) and adds §§ 48.4 and 49.4 (relating to applicability of general provision in Chapter 47) to read as set forth in Annex A.
A. Effective Date
The rulemaking take effect upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form 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 act of December 21, 1998 (P. L. 1017, No. 136), which necessitated a determination of fees for services to the new licensees and applicants. Additionally, it was determined that the existing fees for applications for licensure and original licensure as a licensed social worker and approval as a continuing education provider or program fell short of the actual cost involved in providing the services.
In this final-form rulemaking, fees for the services identified will allocate costs to those who use the service or application.
D. Response to Comments
Notice of proposed rulemaking was published at 31 Pa.B. 4651 (August 25, 2001). Publication was followed by a 30-day public comment period during which the Board received comments from the Pennsylvania Society for Clinical Social Work and the Pennsylvania Chapter of the National Association of Social Workers. Both groups objected to the increase in the application fee for approval as a provider or program of continuing education from $25 to $40. In developing this fee, an analysis was made of the time it would take to perform all of the functions necessary to review and process an application. In particular, Board staff receives the request for approval of continuing education programs that licensees are required to complete as a condition of license renewal. The Board staff must review these applications. The Board administrator then sends the application and supporting documents to a Board member for evaluation and recommendation to approve or deny. Following the decision, the applicant is notified of the decision. If approved, the program is entered into the computer system. Based upon the analysis that was undertaken to consider the time and manpower involved in performing these functions, a $40 fee is required.
Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC) and the House Professional Licensure Committee (HPLC). The Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). The final-form rulemaking responds to the comments and suggestions made by IRRC and the HPLC.
The HPLC questioned why the proposal did not delete § 47.4(a)(3) pertaining to a one-time $30 assessment for licensed social workers licensed during the 1988--1991 licensure cycle. The Board has deleted this in final-form rulemaking. IRRC noted that the proposed rulemaking would have required registration of continuing education providers, courses and programs for licensed marriage and family therapists or professional counselors but that these two new licensing groups do not yet have requirements for continuing education. IRRC recommended that the course registration be deleted from the final-form rulemaking and that the Board consider developing future rulemaking pertaining to continuing education and registration of program providers. The Board agrees and has deleted these references.
E. Compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation''
The Board reviewed this rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1. Additionally, in accordance with Executive Order 1996-1, the Board, in developing the rulemaking, solicited comments from the major professional associations representing social workers and the new licensure classes.
F. Fiscal Impact and Paperwork Requirements
This final-form rulemaking would have a fiscal impact and impose additional paperwork requirements on this Commonwealth in that there are three new licensure groups for which applications would be processed and fees would be received.
The proposed rulemaking should not impose any legal, accounting or reporting requirements on the regulated community.
G. Sunset Date
The Board continually monitors the effectiveness of its regulations through communication with the regulated population; accordingly, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 3, 2002, the Board submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 4651, to IRRC and to the Chairpersons of the SCP/PLC and the HPLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC the SCP/PLC and the 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, the SCP/PLC and the HPLC and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on October 22, 2002, this final-form rulemaking was deemed approved by the HPLC. On October 23, 2002, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 24, 2002, and approved the final-form rulemaking.
I. Contact Person
Further information may be obtained by contacting Clara Flinchum, Administrative Assistant, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
J. Findings
The Board finds that:
(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 in 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) The final-form rulemaking does not enlarge the purpose of proposed rulemaking.
(4) The final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in Part B of this Preamble.
K. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapters 47--49, are amended by amending §§ 47.4 and 47.34 and adding §§ 48.4 and 49.4 to read as set forth in Annex A.
(b) The Board shall submit this order 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 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
THOMAS F. MATTA, Ph.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 5582 (November 9, 2002).)
Fiscal Note: Fiscal Note 16A-659 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 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
GENERAL PROVISIONS § 47.4. Licensure fees.
(a) The fee schedule for licensure as a licensed social worker, 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 $ 25 (2) Biennial renewal for a licensed social worker, clinical social worker, marriage and family therapist or professional counselor $ 45 (3) Application fee for provisional license and provisional license issuance $ 25 (4) Verification of licensure $ 15 (5) Certification of license, scores or hours $ 25 (6) Application fee for licensure and original license issuance as a clinical social worker, marriage and family therapist or professional counselor $ 45 (b) Applicants who were issued licenses prior to June 24, 1989, and who have not paid the appropriate fee in subsection (a) are required to remit the fee within 30 days of receipt of notice from the Board to maintain active licensure status. Failure to remit the required fee within that time will result in the license being placed on inactive status. A licensee holding oneself out as a ''licensed social worker'' while the license is on an inactive status may be subject to disciplinary proceedings before the Board.
CONTINUING EDUCATION § 47.34. Registration of continuing education providers, courses and programs.
(a) An agency, organization, institution, association or center seeking to offer an organized course or program may apply to the Board as a provider.
(b) An applicant for Board approval as a provider of a course or program shall submit an application, along with a fee of $40, at least 90 days before the date the course or program commences.
(c) The application shall include the following information:
(1) The full name and address of the applicant.
(2) The title of the course or program and core subjects covered.
(3) The dates and location of the course or program.
(4) The instructor names, titles, affiliations and degrees.
(5) The schedule of the course or program--syllabus, lecturer, time allocated and the like.
(6) The total number of clock hours requested.
(7) The method of certifying attendance.
(8) The objectives.
(9) The course or program coordinator.
(10) The instruction and evaluation methods.
(11) The evidence of meeting standards set forth in § 47.35 (relating to standards for courses and programs).
(d) Statements made in the application shall be sworn to be true and correct to the best of the applicant's information, knowledge and belief.
(e) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned.
(f) The Board reserves the right to reject a submitted course or program which is outside the scope of practice of social work or is otherwise unacceptable because of presentation, content or failure to meet the criteria in § 47.35.
(g) Disapproval of a course or program will include a statement setting forth reasons. Applicants may submit new applications within 10 days after receipt of disapproval. New applications shall document alterations made to meet Board requirements. Notification on new applications will occur as soon as possible within the Board's capability.
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 (relating to applicability of general rules; meetings of the board; and licensure fees) apply to this chapter.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS
GENERAL PROVISIONS § 49.4. Applicability of general provisions in Chapter 47.
Sections 47.2--47.4 (relating to applicability of general rules; meetings of the board; and licensure fees apply to this chapter.
[Pa.B. Doc. No. 02-2141. Filed for public inspection November 27, 2002, 9:00 a.m.]
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