RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF CHIROPRACTIC
[49 PA. CODE CH. 5]
Radiologic Procedures Examination Fees
[29 Pa.B. 2294] The State Board of Chiropractic (Board) amends § 5.6 (relating to fees) to read as set forth in Annex A.
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)), required examinations 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 for auxiliary personnel. The new fee reflects a reduction in the fee charged to examinees.
Public notice of intention to amend the regulation 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 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by the amendment, however, 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.
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 rulemaking 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
This rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions. Persons wishing to perform radiologic procedures under the supervision 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 the fee to cover contract costs for the examination.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on March 12, 1999, a copy of the final-omitted regulation was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairperson of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the final-omitted regulation 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 5.1(d) of the Regulatory Review Act, the final-omitted regulation was deemed approved by the Senate Committee on April 1, 1999, and was approved by the House Committee on March 23, 1999. Under section 5.1(e) of the Regulatory Review Act, IRRC met and approved the final-omitted regulation on April 8, 1999.
Additional Information
Individuals who desire information are invited to submit inquiries to Deb Smith, Board Administrator, State Board of Chiropractic, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7155.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulation as adopted by this order under sections 201 and 202 of the CDL, has been omitted under 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 regulation as amended 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.
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.
DONALD J. MAHER, D.C.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 2195 (April 24, 1999).)
Fiscal Note: 16A-4310. 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 § 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 $58 License restoration $25 * * * * *
[Pa.B. Doc. No. 99-701. Filed for public inspection April 30, 1999, 9:00 a.m.]
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