RULES AND REGULATIONS
STATE BOARD OF PHYSICAL THERAPY
[49 PA. CODE CH. 40]
Fees
[30 Pa.B. 2592] The State Board of Physical Therapy (Board) amends § 40.5 (relating to fees) pertaining to increased fees for July 1, 2000, and subsequent examinations for licensure of physical therapists and registration of physical therapy assistants to read as set forth in Annex A. The fee for the physical therapist examination will increase from $245 to $345 for physical therapists and from $230 to $330 for assistants.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 8 of the Physical Therapy Practice Act (63 P. S. § 1308), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. The Board contracts with the Federation of State Boards of Physical Therapy which subcontracts with Sylvan Technology Centers which administer the examination at eight locations in this Commonwealth and nearly 200 locations Nationwide. The computer-based examination is available throughout the year. The Federation of State Boards of Physical Therapy has increased contract costs for examination services on and after July 1, 2000.
Public notice of intention to amend the regulation under 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 have been given actual notice of the Board's intention to amend § 40.5 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 regulated population under Executive Order 1996-1, Regulatory Review and Promulgation. The final-omitted rulemaking 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 8 of the Physical Therapy Practice Act.
Fiscal Impact and Paperwork Requirements
The final-omitted rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay an increased fee to cover contract costs for the examination.
Regulatory Review
Under section 5.1(f) of the Regulatory Review Act (71 P. S. § 745.5a(f)), on April 13, 2000, a copy of the final-omitted rulemaking was 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 final-omitted rulemaking was submitted to the Office of the 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 House and Senate Committees on May 3, 2000. Under section 5.1(e) of the Regulatory Review Act, IRRC approved the final-omitted rulemaking on May 11, 2000.
Additional Information
Individuals who desire information are invited to submit inquiries to Robert Kline, Board Administrator, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7134.
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 the authority contained in section 204(3) of the CDL. The Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL, is in this circumstance, unnecessary. In addition, section 812.1 of The Administrative Code of 1929 requires 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 40, are amended by amending § 40.5 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 administered after the effective date of this amendment.
JAMES J. IRRGANG,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, See 30 Pa.B. 2688 (May 27, 2000).)
Fiscal Note: 16A-657. 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 40. STATE BOARD OF
PHYSICAL THERAPY
Subchapter A. PHYSICAL THERAPISTS
GENERAL PROVISIONS § 40.5. Fees.
The following fees are charged by the Board:
Physical therapist: Application for licensure by examination $20 Application for licensure by endorsement $20 Application for licensure by foreign training $160 Physical therapy examination: Physical therapist examination (effective 7-00) $345 Physical therapy assistant examination (effective 7-00)
$330Temporary license $15 Biennial renewal $37 Athletic trainer: Application for certification $20 Athletic trainer examination $83.75 Biennial renewal $37 Physical therapist assistant listing $15 Certification of examintion scores or certification of licensure
$15Verification of licensure or certification $10
[Pa.B. Doc. No. 00-885. Filed for public inspection May 26, 2000, 9:00 a.m.]
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