PROPOSED RULEMAKING
STATE BOARD OF CHIROPRACTIC
[ 49 PA. CODE CH. 5 ]
Distance Education
[44 Pa.B. 5214]
[Saturday, August 2, 2014]The State Board of Chiropractic (Board) proposes to add § 5.79 (relating to distance education) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under section 302(3) of the Chiropractic Practice Act (act) (63 P. S. § 625.302(3)).
Background and Need for the Proposed Rulemaking
Section 507(a) of the act (63 P. S. § 625.507(a)) requires each licensed chiropractor to complete at least 24 hours of continuing chiropractic education within the immediately preceding 2-year period as a condition of biennial license renewal. Section 507(b) of the act provides permitted and prohibited subject matter and requires that the programs be approved by the Board. The balance of section 507 of the act and Subchapter G (relating to continuing education) lay out various requirements for licensees and providers to follow. Without explicitly saying so, the tenor of these requirements suggests that all continuing education must be in the traditional classroom lecture or clinical presentation. Yet, useful education can be delivered through other methods such as real-time web-cast or Internet presentation. To the extent the subject matter of the education requires hands-on participation, the Board would approve only those courses that are presented in person. While other learning can occur through nontraditional methods such as prerecorded video, these tools present the opportunity for an individual so inclined to go through the formalities without actual participation. In this proposed rulemaking, the Board proposes to clearly permit nontraditional methods of continuing education while limiting the amount.
Description of the Proposed Amendments
The proposed rulemaking would add § 5.79. Subsection (a) would define ''distance learning'' as instruction delivered in an independent format or in an instructor-led format during which the participant and the instructor are separated by distance and time. This definition would explicitly exclude live, interactive webinars and online courses in which the participant and instructor are able to interact in real time. Subsection (b) would state the general rule that continuing education used to satisfy the requirements be obtained through traditional continuing education such as classroom lecture, clinical presentation, real-time web-cast or other live sessions when a presenter is involved. Subsection (c) would restrict licensees to obtaining no more than 50% of the required hours by distance learning.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. 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 July 21, 2014, 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 Regulatory Unit Counsel, Department of State, State Board of Chiropractic, P. O. Box 2649, Harrisburg, PA 17105-2649, RA-STRegulatoryCounsel@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-4323 (distance learning) when submitting comments.
KATHLEEN G. McCONNELL, DC,
ChairpersonFiscal Note: 16A-4323. 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 5. STATE BOARD OF CHIROPRACTIC
Subchapter G. CONTINUING EDUCATION § 5.79. Distance education.
(a) As used in this section, ''distance education'' means instruction delivered in an independent format or in an instructor-led format during which the participant and the instructor are separated by distance and time. The term does not include live, interactive webinars or online courses in which the participant and instructor are able to interact in real time.
(b) Except as provided in subsection (c), continuing education hours used to satisfy the requirement of section 507(a) of the act (63 P. S. § 625.507(a)) shall be obtained through traditional continuing education such as classroom lecture, clinical presentation, real-time web-cast or other live sessions where a presenter is involved.
(c) No more than 50% of the required number of continuing education hours may be obtained through distance education.
[Pa.B. Doc. No. 14-1629. Filed for public inspection August 1, 2014, 9:00 a.m.]
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