RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF CHIROPRACTIC
[49 PA. CODE CH. 5]
Examination and Business Provisions
[27 Pa.B. 2540] The State Board of Chiropractic (Board) amends §§ 5.6, 5.12, 5.15, 5.16 and 5.32 pertaining to examinations and professional corporations, to read as set forth in Annex A.
Under section 502 of the Chiropractic Practice Act (act) (63 P. S. § 625.502), examinations for licensure must be prepared and administered by a professional testing organization. Section 502(d) of the act excepted oral and practical examinations until these examinations were available from a testing organization. Recently, the National Board of Chiropractic Examiners (NBCE), the testing organization which administers Parts I--III of the National Board Examination, developed an oral and practical examination component of the National Board Examination which is known as Part IV.
All parts of the National Board Examination are given at the seven chiropractic schools in the United States at the conclusion of an academic term in November and May. For this reason, the Board does not contract with the NBCE separately to administer this examination, nor does the Board collect a fee for the National Board Examination. Therefore, § 5.6 (relating to fees) will be amended to delete reference to the fee for the Board administered examination and § 5.12(a)(4) (relating to licensure by examination) will be amended to delete reference to a Board administered examination and to insert language adopting Part IV of the National Board Examination as the oral/practical portion of the licensure examination. Section 5.15(a)(1) (relating to licensure examinations) has been similarly amended to include Part IV as a required component of the National Board Examination. Section 5.15(a)(2) has been amended to delete reference to the former examination given by the Board and revised to provide that, in addition to Parts I--IV, candidates must take and pass the Pennsylvania Chiropractic Law Examination which is given by a professional testing organization under contract to the Board.
The Board has also made editorial changes to § 5.12 to correct the references to an approved chiropractic college and the National Board Examination. Section 5.32 (relating to corporate and fictitious names; professional corporations) has also been amended to correct a grammatical error as well as the accidental inclusion of both a proposed version and a final version of subsection (b).
Public notice of intention to amend these sections under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL), has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)) because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 502 of the act requires that the Board use examinations prepared and administered by a qualified and approved professional testing organization when these examinations become available. In addition, the amendments to §§ 5.12 and 5.32 are corrections of grammatical, typographical and clerical errors in the current regulations which will have no substantive effect on the regulations.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulations address a compelling public interest as described in this Preamble and otherwise comply with Executive Order 1996-1.
Statutory Authority
These amendments are adopted under the authority of section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 302(3) of the act (63 P. S. § 625.302(3)).
Fiscal Impact and Paperwork Requirements
The amendments will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay increased fees for Part IV of the National Board Examination and the Pennsylvania Chiropractic Law Examination.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on April 4, 1997, a copy of the amendments were submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendments were submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5(c) of the Regulatory Review Act, the amendments were approved by the House Committee on Professional Licensure on April 23, 1997, approved by the Senate Committee on Consumer Protection and Professional Licensure on April 15, 1997, and approved by IRRC on May 1, 1997.
Additional Information
Interested persons are invited to submit written comments, suggestions or objections regarding the amendments to Deb Smith, Board Administrator, State Board of Chiropractic, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7156.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL, has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL, is in this circumstance, unnecessary, because section 502(d) of the act requires that the oral/practical examination for licensure be prepared and administered by a professional testing organization as soon as the examination is available from a professional testing organization.
(2) Persons affected by the amendments as adopted by this order have been given actual notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL.
(3) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 5, are amended by amending §§ 5.6, 5.12, 5.15, 5.16 and 5.32 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
RANDY W. MCCALL, D.C.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2490(May 17, 1997).)
Fiscal Note: 16A-438. 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:
Pennsylvania Chiropractic Law Examination $87
Application for Licensure by Examination $25 Application for Licensure by Reciprocity $65 Biennial Registration $210 Limited License $30 Adjunctive Procedure Certification $25 Certification of Grades or Licensure $25 Application for Continuing Education Course Approval $30 Radiological Procedures Examination $75 License Restoration $25
Subchapter B. LICENSURE, CERTIFICATION, EXAMINATION AND REGISTRATION PROVISIONS § 5.12. Licensure by examination.
(a) An applicant for license by examination shall present evidence of the following:
(1) Graduation from an approved chiropractic college.
(2) Passing scores on Parts I, II, III and IV of the National Board Examination.
(b) The applicant shall complete an application obtained from the Board detailing the applicant's education and experience, and certifying that the applicant has met the requirements for licensure under the act and this chapter. The application shall be returned to the Board with the required fee.
(c) The applicant shall provide proof that the applicant has obtained professional liability insurance in accordance with § 5.41 (relating to certification of professional liability insurance). It is sufficient if the applicant files with the application a copy of a letter from the applicant's professional liability insurance carrier indicating that the applicant will be covered against professional liability in the required amounts effective upon the issuance of the applicant's license to practice chiropractic in this Commonwealth. Upon issuance of the license, the licensee has 30 days to submit to the Board the certificate of insurance or a copy of the policy declaration page as described in § 5.41. The effective date of this subsection is September 1, 1988.
§ 5.15. Licensure examinations.
(a) To qualify for licensure by examination, an applicant shall successfully complete the following examinations:
(1) Parts I, II, III and IV of the National Board Examination.
(2) The Pennsylvania Chiropractic Law Examination developed, prepared, administered and graded by the professional testing organization approved by the Board.
(b) The applicant shall apply to the NBCE for admission to the National Board Examinations and pay the required fees at the direction of the NBCE.
(c) The applicant shall be responsible for directing that the NBCE send examination results and other information requested to the Board.
(d) Passing scores on the National Board Examinations shall be established by the NBCE for each administration of the National Board Examinations in accordance with section 502(e) of the act (63 P. S. § 625.502(e)). A passing score on Part IV of the National Board Examination obtained at any time since Part IV has been offered by the NBCE will satisfy the Part IV National Board Examination requirement under § 5.12(a)(4) (relating to licensure by examination).
(e) An application to take the Pennsylvania Chiropractic Law Examination shall be submitted with the required application fee specified in § 5.6 (relating to fees) to the Board approved professional testing organization at least 60 days prior to the date of the examination.
§ 5.16. Failure on examination; reexamination.
(a) An applicant who fails one or more of the National Board Examinations is eligible for reexamination in accordance with the rules and regulations of the NBCE.
(b) An applicant who fails the Pennsylvania Chiropractic Law Examination may take a reexamination within 2 years. If the applicant fails the reexamination, the applicant may be required to complete studies as directed by the Board prior to reapplication for licensure.
Subchapter C. BUSINESS ASPECTS OF PRACTICE § 5.32. Corporate and fictitious names; professional corporations.
(a) Fictitious and professional corporation names shall meet the following conditions:
(1) The corporate name shall end with the words corporation, incorporated, professional corporation or a derivative thereof.
(2) The fictitious or corporate name shall contain the word chiropractor, chiropractic, doctor of chiropractic or D. C., unless incorporated under this section.
(3) The fictitious or corporate name may not have been previously filed with the Corporation Bureau and approved by the Board and in current use by another licensee.
(4) The fictitious or corporate name may not indicate or suggest by its terms an official status or affiliation with Federal, State, county or municipal governmental entity.
(5) The fictitious or corporate name may not contain false, deceptive or misleading terminology.
(b) A licensee may form a professional corporation with other licensees or other licensed health care practitioners who treat human ailments and conditions and who are licensed to provide health care services in this Commonwealth without receiving a referral or supervision from another health care practitioner.
[Pa.B. Doc. No. 97-822. Filed for public inspection May 23, 1997, 9:00 a.m.]
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