PROPOSED RULEMAKING
STATE BOARD OF NURSING
[49 PA. CODE CH. 21]
Fees for Approval of Nursing Education Programs
[35 Pa.B. 5522] The State Board of Nursing (Board) proposes to amend §§ 21.5, 21.147 and 21.253 (relating to fees) to read as set forth in Annex A. The proposed rulemaking will update the fees charged for the approval of nursing education programs.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under section 11.2 of the Professional Nursing Law (RN act) (63 P. S. § 221.2) and section 17.5 of the Practical Nurse Law (PN act) (63 P. S. § 667.5).
Background and Need for the Proposed Rulemaking
The Board provides various services to licensees, applicants and nursing schools for which fees are charged. Section 6.1 of the RN act (63 P. S. § 216.1), regarding approval of professional nursing education programs, section 9 of the PN act (63 P. S. § 659), regarding approval of practical nursing education programs, and section 8.1 of the RN act (63 P. S. § 218.1), regarding qualifications for certified registered nurse practitioners (CRNPs), approved programs of education, require the Board to approve nursing education programs. Under this statutory authority, the Board has promulgated regulations detailing the requirements of approved programs of nursing education in §§ 21.31--21.126 and 21.161--21.234. The Board anticipates the promulgation of a final-form rulemaking regarding the approval of CRNP education programs later this year. See 34 Pa.B. 4890 (September 4, 2004).
The Board reviews nursing educational programs with the assistance of its nursing education advisors, who are individuals with a minimum of a master's degree in nursing in accordance with section 2.1(i) of the RN act (63 P. S. § 212.1(i)). The procedure for reviewing an application for approval of a new nursing education program requires that the Board staff conduct an in-depth review and analysis of the application, including review of the budget, curriculum, faculty and clinical experiences. In addition, Board staff conducts a site survey and reviews the physical facilities, such as classroom space, library holdings and nursing equipment. The amended fees associated with this approval process are directly tied to the administrative cost of reviewing and analyzing the application and surveying the program.
In 1991, the Board established fees for the approval of professional and practical nursing education programs at 21 Pa.B. 5521 (November 30, 1991). The fees were amended in 1993, to their current levels of $475 for professional and practical nursing education programs. See 23 Pa.B. 5634 (November 27, 1993). The Board charges CRNP programs seeking approval the same fee.
Since 1993, the time expended by the Board staff to review each program has increased dramatically. Many of the proposals from the past 2 years to develop nursing education programs at the professional and practical nurse level have come from individuals with little or no background in nursing education. This is due in part to the recent need for new nursing education programs, which is directly related to the need to educate more nurses because of the nursing shortage. The inexperience of the new program developers has led to greatly increased involvement of the nursing education advisors in planning curriculum and clinical experiences, and overseeing the creation of facilities for nursing education programs. It has become common for the Board staff to review and offer advice on multiple draft proposals before the proposals are ready to be presented to the Board.
The Board sets fees, other than biennial renewal fees that support the general operations of the Board, based on the actual cost of providing services. The Office of Revenue conducted a study of the average services provided to nursing education programs seeking Board approval and determined that the fee for approval of professional and practical nursing education programs should be set at $935 and the fee for approval of CRNP education programs should be set at $735. Previously, CRNP education programs were charged the same as professional nursing education programs under § 21.5. To keep all provisions related to CRNPs in Subchapter C of the Board's regulations, the Board will place the fee for CRNP program approval in § 21.253.
Description of Proposed Amendments
The proposed amendments would raise the fee for approval of professional and practical nursing education programs from $475 to $935. The proposed rulemaking would raise the fee for approval of CRNP education programs from $475 to $735.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking would increase the fee for approval of professional and practical nursing education programs by $460. From 1993 to 2004, the Board has approved approximately 13 new professional nursing programs and 12 new practical nursing programs. If the numbers are consistent for the next 11-year time period, the overall increase will be $11,500 or $1,045 per year. The proposed rulemaking would increase the fee for CRNP nursing education programs by $260. The Board has approved 30 CRNP nursing education programs since 1993 and anticipates only a handful of new CRNP programs over the next 11 years. The Board will realize savings to its general operating budget by having the fee for the service of approving nursing education programs accurately reflect the cost of the service provided. There is no fiscal impact on the Commonwealth from the proposed rulemaking.
The proposed rulemaking will not create or reduce paperwork requirements for nursing education programs seeking approval or for the Board. There are no paperwork requirements on the Commonwealth regarding the approval of nursing education programs.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 26, 2005, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Ann Steffanic, Board Administrator, State Board of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
JANET HUNTER SHIELDS, MSN, CRNP, CNS,
ChairpersonFiscal Note: 16A-5127. 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:
* * * * * Application for approval of new nursing program $[475] 935
* * * * *
Subchapter B. PRACTICAL NURSES
GENERAL PROVISIONS§ 21.147. Fees.
(a) The following fees are charged by the Board:
* * * * * Application for approval of new nursing program $[475] 935
* * * * *
Subchapter C. CERTIFIED REGISTERED NURSE PRACTITIONERS
GENERAL PROVISIONS § 21.253. Fees.
The following fees are charged by the Board:
* * * * * Application for approval of new nursing program $735
[Pa.B. Doc. No. 05-1853. Filed for public inspection October 7, 2005, 9:00 a.m.]
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