PROPOSED RULEMAKINGS
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[ 49 PA. CODE CH. 47 ]
Biennial Renewal Fees
[43 Pa.B. 1281]
[Saturday, March 9, 2013]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend § 47.4 (relating to licensure fees) to read as set forth in Annex A. The proposed rulemaking would increase the biennial license renewal fees for licensed social workers, licensed clinical social workers, licensed marriage and family therapists, and licensed professional counselors from $75 to $115.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. It is expected that the increased fees will be effective for the March 1, 2015, renewal.
Statutory Authority
Section 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1918(c)) 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 expenditures over a 2-year period.
Background and Need for Proposed Rulemaking
Under section 18(c) 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 shall 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 the majority of its revenue through biennial renewal fees. A small percentage of its revenue comes from application fees and civil penalties.
The Board's current biennial license renewal fees were last increased in 2008, effective with the 2009 biennial renewal. At that time, it was anticipated that the increase would be sufficient to carry the Board for at least 9 years. However, at the February 2, 2012, Board meeting, representatives from the Department of State's Bureau of Finance and Operations (BFO) presented a summary of the Board's revenue and expenses for Fiscal Year (FY) 2009-2010 and FY 2010-2011 and projected revenue and expenses through FY 2014-2015. The BFO pointed out that as of June 2010, in spite of the increase, the Board still had a deficit of $31,505.87. At the current renewal fee level of $75, the Board produces approximately $1.35 million in revenue in a given 2-year period, while expenditures for the past 2-year period equaled more than $1.42 million. The BFO projects that, without an increase to the biennial renewal fees, the Board will incur a deficit of approximately $209,434 in FY 2011-2012, and a deficit of approximately $556,434 by FY 2013-2014, necessitating a fee increase. Therefore, the Board determined that it was necessary to raise fees to meet or exceed projected expenditures in compliance with section 18(c) of the act. As a result, the Board voted at its March 13, 2012, meeting to increase the biennial renewal fees to $115. The proposed new biennial renewal and application fees will enable the Board to recoup the projected deficits and meet its estimated expenditures for a number of years to come.
Description of Proposed Rulemaking
The proposed rulemaking would amend § 47.4 to increase the biennial renewal fee for all classes of license (licensed social workers, licensed clinical social workers, licensed marriage and family therapists, and licensed professional counselors) from $75 to $115.
Fiscal Impact
The proposed rulemaking will increase the biennial renewal fees for licensees of the Board. There are currently approximately 16,320 licensees that will be required to pay more to renew their licenses when they expire in 2015 and thereafter. Small businesses that employ licensees of the Board may be impacted if they choose to pay the biennial renewal fees on behalf of employees. The proposed rulemaking should not have other fiscal impact on the private sector, the general public or political subdivisions of this Commonwealth.
Paperwork Requirements
The proposed rulemaking will require the Board to alter some of its forms to reflect the new fees. However, the proposed rulemaking will not create additional paperwork for the regulated community or for the private sector.
Sunset Date
The act requires the Board to monitor its revenue and costs on a fiscal year and biennial basis. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 21, 2013, 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 the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and 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 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 Cynthia Montgomery, Regulatory Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
DONNA A. TONREY,
ChairpersonFiscal Note: 16A-6920. No fiscal impact. The fee increases are necessary to cover projected expenditures for the Board; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
GENERAL PROVISIONS § 47.4. Licensure fees.
(a) The fee schedule for licensure as a licensed social worker, provisional license, licensed clinical social worker, licensed marriage and family therapist or licensed professional counselor shall be as follows:
* * * * * (2) Biennial renewal for a licensed social worker, clinical social worker, marriage and family therapist or professional counselor
[$75] $115* * * * *
[Pa.B. Doc. No. 13-401. Filed for public inspection March 8, 2013, 9:00 a.m.]
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