PROPOSED RULEMAKING
STATE BOARD OF CHIROPRACTIC
[49 PA. CODE CH. 5]
Continuing Education Violations
[39 Pa.B. 5594]
[Saturday, September 26, 2009]The State Board of Chiropractic (Board) proposes to amend its regulations to amend § 5.77(d) (relating to failure to meet continuing education requirements), by adding subsection (d) 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.
Statutory Authority
The amendment is authorized under sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act (act) (63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a)).
Background and Need for the Amendment
Section 507(a) of the act requires each licensee to complete at least 24 hours of continuing education during each biennial renewal period. Under section 506(a)(13) of the act, the Board may take disciplinary action against a licensee who fails to perform any statutory obligation placed upon a licensed chiropractor. Disciplinary actions for failing to complete the continuing education requirement in a timely manner invariably result in the licensee being required to pay a civil penalty proportionate to the amount of deficiency and to make up the deficiency promptly. Accordingly, the Board proposes to utilize the more streamlined procedures under section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48) (63 P. S. § 2205(a)) where in the Commissioner of Professional and Occupational Affairs, after consultation with licensing boards in the Bureau of Professional and Occupational Affairs, may promulgate a schedule of civil penalties for violations of the acts or regulations of these licensing boards.
Description of the Proposed Amendments
The proposed rulemaking would add subsection (d). Because continuing education is generally required as a condition of renewal, under existing § 5.77(c) a licensee who has not completed the mandatory continuing education may, without any penalty, permit his license to become inactive (and not practice chiropractic in this Commonwealth) until the licensee completes the required amount continuing education. Proposed subsection (d) would permit a licensee who did not complete the required amount of continuing education to renew (and practice), but would also require the licensee to pay an Act 48 civil penalty and make up the deficient credit hours within 6 months. A licensee who does not make up the deficiency timely and provide proof will be subject to formal disciplinary action.
Fiscal Impact and Paperwork Requirements
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the 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 11, 2009, 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 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 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, suggestions or objections regarding this proposed rulemaking to Regulatory Unit Counsel, Department of State, P. O. Box 2649, Harrisburg, PA 17105-2649, or by email at st-chiro@state.pa.us, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Use reference No. 16A-4318 (continuing education violations), when submitting comments.
KATHLEEN G. MCCONNELL, D. C.,
ChairpersonFiscal Note: 16A-4318. 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 37. STATE BOARD OF CHIROPRACTIC
Subchapter G. CONTINUING EDUCATION § 5.77. Failure to meet continuing education requirements.
* * * * * (d) Unless otherwise excused by the act or this chapter, a licensee who fails to complete the minimum required amount of continuing education during the applicable renewal period is subject to discipline under § 43b.22 (relating to schedule of civil penalties—chiropractors). Within 6 months after the end of the renewal period during which the required amount of continuing education was not completed, the licensee shall make up the deficiency and provide proof of attendance at continuing education courses as required under section 507 of the act (63 P. S. § 625.507) and § 5.14 (relating to certification to use adjunctive procedures) for the previous biennial registration period. In addition to any civil penalty assessed under this subsection, failure to provide the Board with proof of the required amount of continuing education within 6 months after the beginning of a biennial period in which the licensee renewed without having completed the required amount of continuing education shall subject the licensee to disciplinary action under section 506(a)(9) of the act (63 P. S. § 625.506(a)(9)). Failure to complete all of the required amount of continuing education within 6 months after the beginning of a biennial period in which the licensee renewed without having completed the required amount of continuing education shall subject the licensee to disciplinary action under section 506(a)(13) of the act.
[Pa.B. Doc. No. 09-1783. Filed for public inspection September 25, 2009, 9:00 a.m.]
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