RULES AND REGULATIONS
STATE BOARD OF PHYSICAL THERAPY
[ 49 PA. CODE CH. 40 ]
Biennial Renewal Fees
[38 Pa.B. 3658]
[Saturday, July 5, 2008]The State Board of Physical Therapy (Board) hereby amends § 40.5 (relating to fees), to read as set forth in Annex A.
Effective Date
The amendment will be effective upon publication of the final-form rulemaking 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 4, 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 (Department) 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. 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. Therefore, based upon the expense and revenue estimates provided to the Board, the Board is amending § 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 $45. 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 fee increases are significant, they are not surprising in that the fees for physical therapists and physical therapist assistants have not been increased since 1988. Also, in spite of the 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 a physical therapist in New Jersey is $110, the biennial renewal fee for a physical therapist assistant is $100; in New York, a physical therapist pays a triennial renewal fee of $155 and a physical therapist assistant pays a triennial renewal fee of $50; in Delaware, physical therapist pays a biennial renewal fee of $90 and a physical therapist assistant pays a biennial renewal fee of $90; physical therapist and physical therapist assistants pay a biennial renewal fee of $120 in Ohio; in West Virginia, a physical therapist pays a biennial renewal fee of $120 and a physical therapist assistant pays a biennial renewal fee of $80; and in Maryland, a physical therapist pays a biennial renewal fee of $175 and a physical therapist assistant pays a biennial renewal fee of $150.
Summary of Comments and the Board's Response
Notice of proposed rulemaking was published at 36 Pa.B. 5982 (September 30, 2006). No public comments were received. In addition, neither the Senate Consumer Protection and Professional Licensure Committee nor the Independent Regulatory Review Commission (IRRC) commented on the proposed rulemaking as part of their review under the Regulatory Review Act (71 P. S. §§ 745.1--745.12a). The House Professional Licensure Committee (HPLC) submitted one comment to the Board.
The HPLC noted that in the proposed rulemaking, the Board stated that the increases are needed partly because there has been a marked increase in disciplinary cases and related legal expenses. The HPLC asked the Board to provide specific information as to what types of disciplinary cases these are and the Board's determination for the escalation. As noted in the proposed rulemaking, the number of disciplinary cases opened increased from 21 in FY 2002-2003 to 65 in FY 2004-2005. Additionally, there were 53 disciplinary matters opened in FY 2005-2006 and 56 opened in FY 2006-2007. The types of disciplinary cases coming before the Board tend to fall in the following categories: incompetence/malpractice/negligence; unprofessional conduct; conviction of a crime; practicing on a lapsed/suspended license; disciplinary action in another state; unlicensed practice; failure to keep adequate records; practicing outside the scope of one's license; fraud in the practice of the profession; and sexual misconduct. The Board believes one major reason for the increase in disciplinary matters is the public's increased awareness of the complaint process brought about by the Department's and the Board's presence on the Internet. Complaints can now be filed online through the Department's web site at www.dos.state.pa.us. The number of complaints filed dramatically increased with the advent of online complaints and is now averaging about 60 complaint files opened annually for this Board. Most of the other professional boards and commissions under the Bureau of Professional and Occupational Affairs have had the same experience in recent years. Each complaint must be investigated, and those with merit must be prosecuted, resulting in increases in investigative and legal costs that consume a greater portion of the revenues of the Board. The projected deficits are the result of the interplay between the dramatic increase in the number of disciplinary cases and the fact that the renewal fees for physical therapists and physical therapist assistants have not been increased since 1988. Until recently, revenues were adequate to meet the Board's expenses. Because this is no longer the case, the Board must raise its fees in order to support its continued operations.
Fiscal Impact
The final-form rulemaking will increase the biennial renewal fee for physical therapists from $37 to $90, holders of a certificate to practice physical therapy without a referral from $37 to $45 and physical therapist assistants from $20 to $45. The proposed amendment should have no other fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The final-form rulemaking will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the final-form rulemaking should not create additional paperwork for the private sector.
Sunset Date
The act requires that the Board monitor its revenue and costs 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 the proposed rulemaking, published at 36 Pa.B. 5982, to IRRC and to the Chairpersons of the HPLC and the Senate Consumer Protection and Professional Licensure Committee (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 Board has considered all comments from IRRC, the HPLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 14, 2008, the final-form rulemaking was approved by the HPLC. On June 4, 2008, the final-form rulemaking was deemed approved by SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective June 4, 2008.
Additional Information
Interested persons may obtain information regarding the final-form rulemaking by writing to Beth Michlovitz, Counsel, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649, or bmichlovit@state. pa.us.
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. S. 769, No. 240) (45 P. S. §§ 7.1 and 7.2).
(2) A public comment period was provided as required by law and all comments were considered.
(3) There are no amendments to the final-form rulemaking that would enlarge the purpose of the proposed rulemaking published at 36 Pa.B. 5982.
(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the act.
Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 40, are amended by amending § 40.5 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 to 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.
CHARLES E. MEACCI, PT,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 3461 (June 21, 2008).)
Fiscal Note: Fiscal Note 16A-6511 remains valid for the final adoption of the subject regulation.
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. GENERAL PROVISIONS § 40.5. Fees.
The following fees are charged by the Board:
Physical therapist:
Application for licensure by examination/
endorsement $30Application for licensure through foreign training $45
Verification of licensure or temporary permit $15
Certification of examination scores or licensure $25
Temporary license $15
Biennial renewal $90
Application for Certificate to Practice Physical
Therapy without a referral $30Biennial renewal of Certificate to Practice
Physical Therapy without a referral $45Application for approval of continuing educa-
tion provider or program (per each course offered) $40Athletic trainer:
Application for certification $20
Biennial renewal $37
Certification of examination scores or certification $25
Verification of certification $15
Physical therapist assistants:
Initial application for registration by exam or
endorsement $30Certification of exam scores or registration $25
Biennial renewal of registration $45
Verification of registration $15
[Pa.B. Doc. No. 08-1255. Filed for public inspection July 3, 2008, 9:00 a.m.]
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