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PA Bulletin, Doc. No. 98-1521

RULES AND REGULATIONS

Title 49-PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF MEDICINE

[49 PA. CODE CH. 16]

Licensure, Certification, Examination and Registration Fees

[28 Pa.B. 4721]

   The State Board of Medicine (Board) amends § 16.13 (relating to licensure, certification, examination and registration fees), by raising the renewal fees to read as set forth in Annex A.

A.  Effective Date

   The amendment will be effective upon publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   Section 6 of the Medical Practice Act (63 P. S. § 422.6), requires the Board to establish fees by regulation. The same provision requires the Board to increase fees to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures.

C.  Background and Purpose

   As fully described in the Board's proposed amendment, this fee increase is necessary for the Board to meet projected expenditures as required by the statute. Without the fee increase, it is projected that the Board's revenues will be significantly overtaken in Fiscal Year 1999-2000 (a nonrenewal year) with a resulting $1.3 million deficit.

D.  Summary of Comments and Responses on Proposed Rulemaking

   Notice of proposed rulemaking was published at 28 Pa.B. 814 (February 14, 1998). The Board received no comments from the public in opposition to this rulemaking. The House Professional Licensure Committee noted a discrepancy in the Board's Annex and Preamble pertaining to drugless therapists. This discrepancy was also noted by the Independent Regulatory Review Commission (IRRC) in its comments. The discrepancy for the fee increase for drugless therapists was the result of a transcription error in the annex. As discussed in the Preamble to the proposed amendment, the fee for drugless therapists will increase to $35. This $35 fee is reflected in this final-form regulation. IRRC also suggested that the Board identify that graduate training licenses are issued annually. The Board has adopted this suggestion.

   The House Committee also requested the Board provide an itemization of projected increases. The Board has provided that information as an attachment to the fee report form.

   Lastly, IRRC questioned whether the increase is needed at this time. In its comments, IRRC stated that the figures provided by the Board do not substantiate the need to increase professional fees for the 1997-1999 renewal cycle. The Board notes, in fact, that neither the proposed amendment nor this final-form regulation increases fees for that biennium. Rather, the fee increase applies to the 1999-2000 renewal cycle. Fees for the 1997-1999 period were paid by the licensee population by the December 31, 1996, renewal deadline.

   IRRC's question pertaining to the need to increase fees at this time is based on a misapprehension of the timing of the renewal cycle. Renewal fees must be collected prospectively to meet budgeted expenditures, not after the fact, as IRRC incorrectly surmises. Fees which are due by the end of 1998, cover the costs of operating the Board for the period beginning January 1, 1999, through December 31, 2000. Without the fee increase at this time, the Board will sustain an operating deficit in FY 1999-2000. In fact, while questioning the import of fiscal data submitted by the Board, IRRC recommended that the Board delay increasing fees until the 1999-2000 renewal cycle. This increase is, in fact, accomplished by this final-form regulation. As IRRC noted, the increase would allow the Board to meet its statutory obligations. As proposed and as adopted in this final-form regulation, the fee increase will apply to the Board's operations in the 1999-2000 renewal cycle, as recommended by IRRC in its comments. Accordingly, to ensure that the services the Board renders to the public are not disrupted, the Board has determined to increase its fees to read as set forth in Annex A.

E.  Fiscal Impact

   The amendment will increase biennial renewal fees for licensees of the Board, but should have no other fiscal impact on the private sector, the general public or political subdivisions.

G.  Paperwork Requirements

   The amendment will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the amendment should not create additional paperwork for the private sector.

H.  Regulatory Review

   Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on February 14, 1998, the Board submitted a copy of the notice of proposed rulemaking published at 28 Pa.B. 814, to IRRC and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee for review and comment. In compliance with section 5(c) of the Regulatory Review Act (71 P. S. § 745.5(c)), the Board also provided IRRC and the Committees with copies of all comments received, as well as other documentation.

   In preparing this final-form regulation, the Board has considered all comments received from IRRC, the Committees and the public.

   This final-form regulation was approved by the House and Senate Committees on June 18, 1998. IRRC met on July 9, 1998, and approved the final-form regulation in accordance with section 5(e) of the Regulatory Review Act.

H.  Public Information

   Interested persons may obtain information regarding the amendments by writing to Cindy L. Warner, Board Administrator, State Board of Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649.

I.  Findings

   The Board finds that:

   (1)  Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided as required by law and all comments were considered.

   (3)  This amendment does not enlarge the purpose of the proposed rulemaking published at 28 Pa.B. 814.

   (4)  This amendment is necessary and appropriate for the administration and enforcement of the authorizing act identified in Part B of this Preamble.

J.  Order

   The Board acting under its authorizing statutes, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 16, are amended by amending § 16.13 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.

   (b)  The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.

   (c)  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 take effect on publication in the Pennsylvania Bulletin.

DANIEL B. KIMBALL, Jr., M.D.,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 3558 (July 25, 1998).)

   Fiscal Note: Fiscal Note 16A-498 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 16.  STATE BOARD OF MEDICINE--GENERAL PROVISIONS

Subchapter B.  GENERAL LICENSE, CERTIFICATION AND REGISTRATION PROVISIONS

§ 16.13.  Licensure, certification, examination and registration fees.

*      *      *      *      *

   (b)  The fee for a license without restriction for a graduate of an accredited medical college is $20. The fee for a license without restriction for a graduate of an unaccredited medical college is $80. The biennial registration fee for a license without restriction is $125.

*      *      *      *      *

   (e)  The fee for a graduate license for a graduate of an accredited medical college is $15. The fee for a graduate license for a graduate of an unaccredited medical college is $80. The annual fee to renew a graduate license is $15.

*      *      *      *      *

   (h)  The fee for a midwife license is $20. The biennial registration fee for a midwife license is $40.

   (i)  The fee for a physician assistant certificate is $15. The biennial registration fee for a physician assistant certificate is $40.

*      *      *      *      *

   (m)  The fee for an acupuncturist registration is $15. The biennial registration fee for an acupuncturist registration is $40.

*      *      *      *      *

   (o)  The biennial registration fee for a drugless therapist license is $35.

[Pa.B. Doc. No. 98-1521. Filed for public inspection September 18, 1998, 9:00 a.m.]


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