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PA Bulletin, Doc. No. 06-1199

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF OSTEOPATHIC MEDICINE

[49 PA. CODE CH. 25]

Deletion of Exam Fees

[36 Pa.B. 3236]
[Saturday, July 1, 2006]

   The State Board of Osteopathic Medicine (Board) amends §§ 25.223 and 25.231 (relating to applications for examination; and schedule of fees) by deleting references to examination applications and examination fees.

A.  Effective Date

   This final-form rulemaking is effective upon publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   The final-form rulemaking is authorized under section 13.1 of the Osteopathic Medical Practice Act (act) (63 P. S. § 271.13a).

C.  Background and Purpose

   The Board is eliminating references to Nationally established examination fees over which the Board has no control or involvement. The fees for examinations are established by the National examiners and are subject to being changed periodically by the National examiner. Thus, it is unnecessary and impractical for the Board to continue to publish the National examiners' examination fees in the Board's regulations. Also, the Board is eliminating the reference to the osteopathic diagnosis and manipulative therapy examination fee. This examination is administered by Professional Credential Services (PCS) and the applicant for this examination pays the examination fee directly to PCS.

   The Board is also deleting references in § 25.223(b) to specific dates for the administration of examinations and related deadlines for submission of examination applications because the examinations are now computer-based, rather than written, and therefore are administered regularly as scheduled by the applicant.

D.  Summary of Comments and Responses on Proposed Rulemaking

   Notice of proposed rulemaking was published at 35 Pa.B. 2639 (April 30, 2005). The Board did not receive any comments on the regulations from the public, the House Professional Licensure Committee (HPLC), the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) or the Independent Regulatory Review Commission (IRRC).

E.  Fiscal Impact and Paperwork Requirements

   There is no adverse fiscal impact or paperwork requirement imposed on the Commonwealth, political subdivisions or the private sector.

F.  Sunset Date

   The Board continuously monitors 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 April 20, 2005, the Board submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 2639, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.

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

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on April 4, 2006, the final-form rulemaking was approved by the HPLC. On April 18, 2006, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective April 18, 2006.

H.  Contact Person

   Interested persons may obtain information regarding this final-form rulemaking by writing to Beth Sender Michlovitz, Board Counsel, State Board of Osteopathic Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, bmichlovit@state.pa.us.

I.  Findings

   The Board finds that:

   (1)  Public notice of intention to adopt this 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 no comments were received.

   (3)  This final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing act identified in Part B of this preamble.

J.  Order

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

   (a)  The regulations of the Board, 49 Pa. Code Chapter 25, are amended by amending §§ 25.223 and 25.231 to read as set forth at 35 Pa.B. 2639.

   (b)  The Board shall submit this order and 35 Pa.B. 2639 to the Office of General Counsel and to the Office of Attorney General as required by law.

   (c)  The Board shall certify this order and 35 Pa.B. 2639 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

OLIVER C. BULLOCK, D.O.,   
Chairperson

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 2251 (May 6, 2006).)

   Fiscal Note:  Fiscal Note 16A-5315 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 06-1199. Filed for public inspection June 30, 2006, 9:00 a.m.]


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