PROPOSED RULEMAKING

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

[ 49 PA. CODE CH. 43b ]

Schedule of Civil Penalties—Audiologists, Speech-Language Pathologists and Teachers of the Hearing Impaired

[40 Pa.B. 2263]
[Saturday, May 1, 2010]

 The Commissioner of Professional and Occupational Affairs (Commissioner) proposes to amend Chapter 43b (relating to Commissioner of Professional and Occupational Affairs) by rescinding §  43b.16 (relating to schedule of civil penalties—audiologists, speech-language pathologists and teachers of the hearing impaired—statement of policy) and replacing it with § 43b.16a (relating to schedule of civil penalties—audiologists, speech-language pathologists and teachers of the hearing impaired), to read as set forth in Annex A.

Effective Date

 The amendments will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.

Statutory Authority

 Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48) (63 P. S. § 2205(a)) authorizes the Commissioner, after consultation with licensing boards and commissions in the Bureau of Professional and Occupational Affairs (Bureau), to promulgate regulations setting forth a schedule of civil penalties, guidelines for their imposition, and procedures for appeal for: (1) operating without a current and valid license, registration, certificate or permit; and (2) violating an act or regulation of a licensing board or commission relating to the conduct or operation of a business or facility licensed by the board or commission.

Background and Purpose

 Act 48 authorizes agents of the Bureau to issue citations and impose civil penalties under schedules adopted by the Commissioner in consultation with the Bureau's boards and commissions. Act 48 citations streamline the disciplinary process by eliminating the need for formal orders to show cause, answers, adjudications and orders, and consent agreements. At the same time, licensees who receive an Act 48 citation retain their due process right of appeal prior to the imposition of discipline. The use of Act 48 citations has increased steadily since 1996, when the program was first implemented, and they have become an important part of the Bureau's enforcement efforts, with approximately 30% of all sanctions imposed by the Boards and Commissions being accomplished through the Act 48 citation process.

 The Commissioner had previously published a policy statement at 34 Pa.B. 5809 (October 23, 2004) establishing Act 48 civil penalties for practicing as an audiologist, speech-language pathologist or teacher of the hearing impaired on a lapsed license. The Commissioner now proposes to codify and amend the schedule of civil penalties in this proposed rulemaking. Proposed § 43b.16a would add a schedule of civil penalties for failure to complete required continuing education. The civil penalties in proposed § 43b.16a were drafted follow-ing discussions between the State Board of Examiners in Speech-Language and Hearing (Board) and a representative of the Commissioner and were approved by the Board at its meeting on July 24, 2009.

Description of the Proposed Amendments

 The proposal would codify the schedule of civil penalties that the Commissioner previously published pertaining to practice on a lapsed license and add a schedule of civil penalties for failing to complete mandatory continuing education, as required by the Board's regulations in § 45.501 (relating to credit hour requirements).

Fiscal Impact and Paperwork Requirements

 The proposed rulemaking would have no adverse fiscal impact on the Commonwealth or its political subdivisions, and would reduce the paperwork requirements of both the Commonwealth and the regulated community by elim- inating the need for orders to show cause, answers, consent agreements and adjudications/orders for those violations subject to the Act 48 citation process.

Sunset Date

 The Bureau continually monitors the effectiveness of its regulations. As a result, no sunset date has been assigned.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 21, 2010, the Commissioner 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 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 shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commissioner, 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 Cynthia Montgomery, Regulatory Counsel, Bureau of Professional and Occupational Affairs, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.

BASIL L. MERENDA, 
Commissioner

 Fiscal Note: 16A-6804. No fiscal impact; (8) recommends adoption.

Annex

TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

PART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 43b. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR
IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL

§ 43b.16. [Schedule of civil penalties—audiologists, speech-language pathologists and teachers of the hearing impaired—statement of policy] (Reserved).

[STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING

Violation under	Title/Description	Civil Penalty
63 P. S. Section 1706	Practicing as an audiologist, speech-language pathologist, or teacher of the hearing impaired on a lapsed license	1st offense 0—12 mos.—$50 per month; Over 12 months—formal action 2nd offense—formal action]

§ 43b.16a. Schedule of civil penalties—audiologists, speech-lanaguage pathologists and teachers of the hearing impaired.

STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING

Violation under	Title/Description	Civil Penalty
63 P. S. Section 1706	Practicing as an audiologist, speech-language pathologist, or teacher of the hearing impaired on a lapsed license.	0-12 months—$50 per month Over 12 months—formal action 2nd offense—formal action
49 Pa.  Code § 45.501	Failure to complete 20 hours of approved continuing education during a biennial renewal period.	1st offense—$100 per clock hour 2nd offense—formal action

[Pa.B. Doc. No. 10-770. Filed for public inspection April 30, 2010, 9:00 a.m.]

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