PROPOSED RULEMAKING
STATE BOARD OF CHIROPRACTIC
[ 49 PA. CODE CH. 5 ]
Radiological Procedures Examination
[45 Pa.B. 2887]
[Saturday, June 13, 2015]The State Board of Chiropractic (Board) proposes to amend §§ 5.6 and 5.63 (relating to fees; and application for examination) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
This 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 522(a) of the act (63 P. S. § 625.522(a)) prohibits auxiliary personnel from performing radiologic procedures on the premises of a chiropractor unless the person: (1) is under the direct supervision of a chiropractor who is on the premises; and (2) has passed an examination approved by the Board and administered by a third-party testing service. To implement this statutory provision, the Board adopted Subchapter F (relating to performance of radiological procedures by auxiliary personnel). Under § 5.62 (relating to auxiliary personnel who may perform radiological procedures), the Board provides that auxiliary personnel who have passed an examination in radiological procedures approved by the Board, the State Board of Medicine or the State Board of Osteopathic Medicine, or an examination in radiography of the American Registry of Radiologic Technologists or the American Chiropractic Registry of Radiologic Technologists (ACRRT) may apply ionizing radiation to patients for diagnostic purposes on the premises of a licensed chiropractor. In § 5.63, the Board provides that auxiliary personnel applying for the examination must apply to the Board on Board forms and pay the fee set by the Board. The fee for the radiological procedures examination is specified in § 5.6.
Under the Department's current agreement with ACRRT, a candidate for the examination is expected to apply directly to the testing service and pay directly to the testing service the fee set by that testing service. This practice is standard for examinations required by the Bureau of Professional and Occupational Affairs that are developed and administered by National organizations. Consistent with this practice, in 1997 the Board amended § 5.6 to delete the fee for the National Board Examination of the National Board of Chiropractic Examiners (NBCE) (the examination required to be licensed to practice chiropractic) and amended § 5.15 (relating to licensure examinations) to require that candidates for licensure to practice chiropractic apply directly to the NBCE and pay the NBCE the required fee to sit for its examination. Upon recent notice from ACRRT of its current fee, the Board realized that its regulations for the radiological procedures examination had not been similarly updated.
Description of the Proposed Rulemaking
The proposed rulemaking would amend § 5.6 to delete the fee for the radiological procedures examination. It would also amend § 5.63 to delete reference to the application forms and to require auxiliary personnel to submit applications and pay the fee directly to the testing service rather than applying to the Board.
Fiscal Impact and Paperwork Requirements
This proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. This 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 May 29, 2015, 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 the Regulatory Unit Counsel, Department of State, P. O. Box 69523, Harrisburg, PA 17106-952, RA-STRegulatoryCounsel@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-4324 (radiological procedures examination) when submitting comments.
KATHLEEN G. McCONNELL, DC,
ChairpersonFiscal Note: 16A-4324. 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 A. GENERAL PROVISIONS § 5.6. Fees.
The Board will charge the following fees:
* * * * * Application for continuing education course
approval
$30[Radiological procedures examination
$58]License restoration
$25
Subchapter F. PERFORMANCE OF RADIOLOGICAL PROCEDURES BY AUXILIARY PERSONNEL § 5.63. Application for examination.
[Applications by auxiliary personnel for the examination in radiological procedures approved by the Board shall be made on forms provided by the Board and shall be submitted to the Administrative Office of the Board, Bureau of Professional and Occupational Affairs, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, with the required fee.]
Applications by auxiliary personnel for the examination in radiological procedures approved by the Board shall be submitted directly to the testing service, with the required fee set by the testing service.
[Pa.B. Doc. No. 15-1113. Filed for public inspection June 12, 2015, 9:00 a.m.]
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