RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL AFFAIRS
STATE BOARD OF CHIROPRACTIC
[49 PA. CODE CH. 5]
Radiologic Procedures Examination Fees
[27 Pa.B. 413] The State Board of Chiropractic (Board) amends § 5.6 (relating to fees) pertaining to fees for the radiologic procedures examination of the Board for auxiliary personnel who perform radiologic procedures on the premises of a licensed chiropractor.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 522(a) of the Chiropractic Practice Act (act) (63 P. S. § 625.522(a)), examinations for licensure must be prepared and administered by a professional testing organization under contract to the Board. The Board contracts with the American Chiropractic Registry of Radiologic Technologists (ACRRT) to provide the Board approved radiologic procedures examination. These amendments will change the fee for the radiologic procedures examination owing to an increase in the contract cost for examination services effective July 1, 1997. The new fee will apply to the examination scheduled to be given in November 1997 and thereafter.
Public notice of intention to amend § 5.6 under procedures specified in sections 201 and 202 of the act of July 31, 1968 (CDL) (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) 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 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by this amendment have been given actual notice of the Board's intention to amend § 5.6 in advance of final rulemaking under section 204(2) of the CDL.
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 regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This amendment is adopted under section 812.1 of The Administrative Code of 1929 and section 1101(a) of the act (63 P. S. § 625.1101(a)).
Fiscal Impact and Paperwork Requirements
The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Persons wishing to perform radiologic procedures on the premises of a chiropractor are required to take and pass either a National certification examination or an examination approved by the State Boards of Medicine or Osteopathic Medicine, or the Board under § 5.62 (relating to auxiliary personnel who may perform radiological procedures). Persons who elect to take the Board approved examination will be required to pay an increased fee to cover contract costs for the examination.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of the amendment was submitted on October 28, 1996, 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 amendment was 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 amendment was deemed approved by the House and Senate Committees on November 18, 1996, and by IRRC on November 21, 1996.
Additional Information
Individuals who desire information are invited to submit inquiries to Deb Orwan, 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 § 5.6 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 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination.
(2) Persons affected by the amendment as adopted by this order have been given actual notice of the Board's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL.
(3) The amendment of the regulation 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 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, and shall apply to examinations to perform radiologic procedures given after July 1, 1997.
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 26 Pa.B. 5915 (December 7, 1996).)
Fiscal Note: 16A-437. 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:
Oral/Practical Examination in Chiropractic Technic
and for May 1996 examination only$45 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
[Pa.B. Doc. No. 97-112. Filed for public inspection January 24, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
