PROPOSED RULEMAKING
STATE BOARD OF PHYSICAL THERAPY
[49 PA. CODE CH. 40]
Biennial Renewal Fees
[36 Pa.B. 5982]
[Saturday, September 30, 2006]The State Board of Physical Therapy (Board) proposes to amend § 40.5 (relating to fees) to read as set forth in Annex A. The proposed rulemaking increases the biennial license renewal fee for physical therapists from $37 to $90, increases the biennial renewal fee for certificates to practice physical therapy without a referral from $37 to $45 and increases the registration renewal fee for physical therapist assistants from $20 to $45.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. The increased fees will be effective for the renewal period beginning January 1, 2009.
Statutory Authority
Section 8(b) of the Physical Therapy Practice Act (act) (63 P. S. § 1308(b)) requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet Board expenditures.
Background and Purpose
The Board's current biennial license renewal fees for physical therapists and physical therapist assistants were adopted at 18 Pa.B. 4952 (November 5, 1988). The Board's current biennial renewal fees for certificates to practice physical therapy without a referral were adopted at 34 Pa.B. 3700 (July 16, 2004). Under section 8(b) of the act, the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board must increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The Board raises virtually all of its revenue through biennial renewal fees.
At Board meetings in January and March, 2006, the Department of State's Offices of Revenue and Budget presented a summary of the Board's revenue and expenses for Fiscal Year (FY) 2003-2004 and FY 2004-2005, and projected revenue and expenses through FY 2012-2013. The Offices of Revenue and Budget projected a deficit of $282,664.81 in FY 2007-2008, a deficit of $205,664.81 in FY 2008-2009, a deficit of $549,664.81 in FY 2009-2010, a deficit of $485,664.81 in FY 2010-2011, a deficit of $853,664.81 in FY 2011-2012 and a deficit of $814,664.81 in FY 2012-2013. The major reason for the deficits is that the renewal fees have not been increased since 1988. Those fees have carried the Board for almost 18 years. In addition, the need for an increase in fees is the result of an increase in the number of opened disciplinary cases over the last 3 fiscal years. In FY 2002-2003, there were 21 opened legal cases; in FY 2003-2004, there were 36 opened legal cases; and in FY 2004-2005, there was an all time high of 65 opened legal cases. As of May 11, 2006, there were 35 opened legal cases. The increase in the number of cases also resulted in an increase in hearing examiner expenses. As a result of the projected deficits, the Offices of Revenue and Budget recommended that the Board raise fees to meet or exceed projected expenditures, in compliance with section 8(b) of the act. The Budget Office anticipates that the proposed new biennial renewal fees will enable the Board to meet its estimated expenditures for at least 8 years.
Although the proposed fee increase is significant, it is not surprising. As already stated, the fees for physical therapists and physical therapist assistants have not been increased since 1988. Also, in spite of the proposed increases, the Board's new fees will still be lower than the surrounding states. For example, the following renewal fees are charged by neighboring states: biennial renewal fee for physical therapists in New Jersey is $110 and the biennial renewal fee for a physical therapist assistant is $100; in New York, physical therapists pay a triennial renewal fee of $155 and physical therapist assistants pay a triennial renewal fee of $50; in Delaware, physical therapists pay a biennial renewal fee of $90 and physical therapist assistants pay a biennial renewal fee of $90; physical therapists and physical therapist assistants pay a biennial renewal fee of $120 in Ohio; in West Virginia, physical therapists pay a biennial renewal fee of $120 and physical therapist assistants pay a biennial renewal fee of $80; and in Maryland, physical therapists pay a biennial renewal fee of $175 and physical therapist assistants pay a biennial renewal fee of $150.
Description of Proposed Amendments
Based upon the expense and revenue estimates provided to the Board, the Board proposes to amend § 40.5 to increase the fee for biennial renewal of licenses for physical therapists from $37 to $90, to increase the fee for biennial renewal of certificates to practice physical therapy without a referral from $37 to $45 and to increase the fee for biennial renewal of registrations to practice as physical therapist assistants from $20 to $40.
Fiscal Impact
The proposed rulemaking increases the biennial renewal fee for physical therapists, holders of a certificate to practice physical therapy without a referral and physical therapist assistants. The proposed rulemaking should have no other fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking will require the Board to alter some of its forms to reflect the new biennial renewal fees. However, the proposed rulemaking should not create additional paperwork for the private sector.
Sunset Date
The act requires that the Board monitor its revenue and cost on a fiscal year and biennial basis. 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 20, 2006, 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 must 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, suggestions or objections regarding this proposed rulemaking to Robert Kline, Administrative Assistant, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-6511, Biennial Renewal Fees, when submitting comments.
CHARLES E. MEACCI, PT,
ChairpersonFiscal Note: 16A-6511. 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 40. STATE BOARD OF PHYSICAL THERAPY
Subchapter A. PHYSICAL THERAPISTS
GENERAL PROVISIONS § 40.5. Fees.
The following fees are charged by the Board:
Physical therapist:
* * * * *
Biennial renewal $[37]90 * * * * *
Biennial renewal of Certificate to Practice Physical Therapy without a referral $[37]45 * * * * * Physical therapist assistants:
* * * * *
Biennial renewal of registration $[20]45 * * * * *
[Pa.B. Doc. No. 06-1906. Filed for public inspection September 29, 2006, 9:00 a.m.]
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