PROPOSED RULEMAKING
STATE BOARD
OF PODIATRY
[ 49 PA. CODE CH. 29 ]
Continuing Education
[39 Pa.B. 7107]
[Saturday, December 19, 2009]The State Board of Podiatry (Board) proposes to amend Chapter 29, to read as set forth in Annex A, by amending § 29.61 (relating to requirements for biennial renewal and eligibility to conduct educational conferences) and rescinding § 29.63a (relating to preapproved course provider).
Need for Proposed Rulemaking
Section 9.1 of the Podiatry Practice Act (act) (63 P. S. § 42.9a) requires a podiatrist to complete continuing education hours prescribed by the Board as a condition of biennial renewal of licensure to practice podiatric medicine. Since January 1987, the Board has required podiatrists to complete 30 hours of continuing education during each biennial license period. Given the increasing complexity of modern podiatric medical practice, the Board now considers the 30-hour biennial continuing education requirement inadequate to ensure that podiatrists maintain and increase their skill, knowledge and proficiency as practitioners. Only 16 states currently require podiatrists to biennially complete 30 or fewer hours of continuing education. Moreover, many podiatrists are required to biennially complete well in excess of 30 hours of continuing education to maintain credentials issued by podiatric specialty bodies, to participate in insurance plans, or to practice in hospitals and other health care facilities.
Description of Proposed Rulemaking
§ 29.61. Biennial continuing education requirement
Section 29.61 sets forth the basic continuing education requirements for podiatrists in this Commonwealth. Subsection (a) provides that as a condition of biennial renewal of licensure, a podiatrist shall complete, during the immediately preceding biennial renewal period, 30 hours of continuing education in acceptable courses and programs in podiatry that are offered by approved providers. A maximum of 10 hours may be obtained through courses and programs involving the use of the computer/Internet, magazines or journal articles. Excess continuing education hours may not be carried over to the next biennial renewal period. A licensee is responsible for ensuring that continuing education hours are in compliance with the Board's requirements. Subsection (b) states that Board-approved providers are eligible to conduct continuing education courses and programs. Subsection (c) lists the continuing education information that a licensee must set forth on the biennial renewal application. Subsection (d) requires a licensee to retain documentation of a continuing education course or program for 5 years after its completion and to produce the documentation when demanded by the Board or its agents who conduct the audit of continuing education hours.
The proposed rulemaking would rewrite § 29.61(a) to reflect substantive and editorial changes. The proposed rulemaking would increase the biennial continuing education requirement in § 29.61(a) from 30 hours to 50 hours, effective with the renewal of licensure for the biennial license period that begins January 1, 2011. Consistent with current regulations, at least 30 hours would have to be in podiatry courses and programs approved by the Board or the Council on Podiatric Medical Education (CPME). The CPME, a division of the American Podiatric Medical Association, is currently recognized in § 29.63a as an approving entity for podiatric continuing education. The remaining 20 hours could be either in Board- or CPME-approved podiatry courses and programs or in courses and programs in related medical subjects that are approved by the American Medical Association or the American Osteopathic Association.
A 50-hour biennial continuing education requirement for podiatrists is consistent with the requirements of podiatric licensing boards in other states, particularly those with large populations. Fourteen states—including California, Texas, Michigan and Illinois—require podiatrists to complete 50 hours of continuing education biennially. Virginia and Oklahoma require podiatrists to complete 60 hours of continuing education biennially, while Ohio and New Jersey require podiatrists to complete 100 hours of continuing education biennially. Permitting podiatrists to obtain some of their continuing education hours in related medical subjects, in addition to podiatric subjects, is desirable because the collaborative, interdisciplinary approach to the diagnosis and treatment of medical conditions has fostered a commonality of interests between podiatrists and allopathic and osteopathic physicians. Continuing education in related medical subjects is widely available to podiatrists because allopathic and osteopathic physicians in this Commonwealth are required to complete 100 hours of continuing education biennially.
In December 2008, the Board provided each currently licensed podiatrist in this Commonwealth with written notification of the Board's intention to initiate regulatory action that would increase the continuing education requirement, as described in this proposed rulemaking, effective with the renewal of licensure for the 2011-2012 biennial license period. The same information has been posted on the Board's web site since January 2009.
The proposed rulemaking would retain, with editorial changes, the 10-hour limitation in § 29.61(a) on the number of continuing education hours that may be obtained by means of the Internet or through the reading of articles in professional journals and magazines. The proposed rulemaking also would retain the provision in § 29.61(a) that prohibits the carrying over of excess continuing education hours from one biennial license period to another. The proposed rulemaking also would retain the provision in § 29.61(a) that places responsibility on a licensee to ensure that continuing education hours have been approved, with the clarification that the licensee should do so before participating in the course or program for which continuing education credit is sought.
The proposed rulemaking would add to § 29.61(a) a provision, currently set forth in § 29.63a, stating that continuing education credit will not be awarded for courses or programs in office management or marketing the practice. Section 9.1 of the act specifically proscribes the awarding of continuing education credit for office management or practice building.
§ 29.63a. Preapproved continuing education provider and continued education subject matter
Section 29.63a currently provides that the Board will accept continuing education hours in courses and programs offered or approved by the CPME. Section 29.63a further provides that all courses and programs must fall within the scope of podiatry, and that no continuing education credit will be awarded for office management or marketing the practice.
The proposed rulemaking would rescind § 29.63a as unnecessary because its contents would be adequately treated in the revised § 29.61(a).
Fiscal Impact
The proposed rulemaking would require podiatrists to incur costs in meeting the increased biennial continuing education requirement. The costs cannot be quantified because of the large number and type of continuing education courses and programs available; however, the costs are not believed to be substantial or burdensome. As noted previously, many podiatrists already exceed the current 30-hour biennial continuing education requirement.
The proposed rulemaking would cause the Board's administrative staff to incur unspecified costs relating to auditing compliance with the increased biennial continuing education requirement. The current $395 biennial renewal fee paid by podiatrists would defray the costs, which are not believed to be substantial.
The proposed rulemaking would not have a fiscal impact on the public or on other agencies and political subdivisions of the Commonwealth.
Paperwork Requirements
The proposed rulemaking would require podiatrists to retain records relating to their increased biennial continuing education hours and to submit these records to the Board upon audit. The proposed rulemaking would require the Board to revise its biennial renewal application. The proposed rulemaking would not create additional paperwork for the general public or for other agencies and political subdivisions of this Commonwealth.
Effective Date
The proposed rulemaking would become effective upon publication of final-form rulemaking in the Pennsylvania Bulletin and would apply to the renewal of licensure for the 2011-2012 biennial license period.
Statutory Authority
Section 9.1 of the act authorizes the Board to prescribe continuing education requirements, while section 15 of the act (63 P. S. § 42.15) authorizes the Board to adopt the regulations as it deems necessary and proper to carry out its statutory responsibilities.
Regulatory Review
On December 9, 2009, as required under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted copies of the proposed rulemaking and a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Senate Standing Committee on Consumer Protection and Professional Licensure and the House Standing Committee on Professional Licensure. A copy of the Regulatory Analysis Form 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 after the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures that permit the Board, the General Assembly and the Governor to review any comments, recommendations or objections prior to publication of final-form rulemaking.
Public Comment
The Board invites interested persons to submit written comments, recommendations or objections regarding the proposed rulemaking to Steven Wennberg, Counsel, State Board of Podiatry, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of the proposed rulemaking in the Pennsylvania Bulletin.
Fiscal Note: 16A-4401. No fiscal impact; (8) recommends adoption.
MARY E. LOFTUS, D.P.M.,
Chairperson
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 29. STATE BOARD OF PODIATRY
CONTINING EDUCATION § 29.61. Requirements for biennial renewal and eligibility to conduct educational conferences.
(a) [As a condition of biennial renewal of a license, a licensee shall have completed 30 clock hours of continuing education during the preceding biennium in acceptable courses and programs in podiatry by approved providers. It is the responsibility of the licensee to ensure that credits used to comply with this continuing education requirement have been approved by the Board. Excess clock hours may not be carried over to the next biennium. A maximum of 10 clock hours of computer/Internet, magazine or journal article courses, which are approved by the Council on Podiatric Medical Education, shall be accepted by the Board.] Effective with the renewal of licensure for the 2011-2012 biennium, a licensee applying for biennial renewal of a license shall have completed 50 clock hours of continuing education in approved courses and programs during the preceding biennium. At least 30 of the clock hours must be in courses and programs in podiatry that are approved by the Board or the Council on Podiatric Medical Education (CPME). The remaining clock hours must be either in courses and programs in podiatry that are approved by the Board or the CPME or in courses and programs in related medical subjects that are approved by the American Medical Association or the American Osteopathic Association. A maximum of 10 clock hours may be in approved courses and programs that involve the use of the Internet or the reading of professional journals or magazine articles. Continuing education credit will not be awarded for clock hours in office management or marketing the practice. Excess clock hours may not be carried over to the next biennium. A licensee is responsible for ensuring that a particular course or program is approved for continuing education credit prior to participating in the course or program.
* * * * * § 29.63a. [Preapproved course provider] (Reserved).
[Courses or programs offered or approved by the Council on Podiatric Medical Education will be accepted for continuing education credit. All courses shall fall within the scope of podiatry practice. The Board will not approve courses or programs, or portions thereof, in office management or in marketing the practice.]
[Pa.B. Doc. No. 09-2314. Filed for public inspection December 18, 2009, 9:00 a.m.]
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