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PA Bulletin, Doc. No. 01-779

PROPOSED RULEMAKING

STATE BOARD OF
PHYSICAL THERAPY

[49 PA. CODE CH. 40]

Examination Fees


[31 Pa.B. 2379]

   The State Board of Physical Therapy (Board) proposes to amend § 40.5 (relating to fees) by deleting references to examination fees. In particular, the proposal would delete references to the physical therapist examination fee of $245, the athletic trainer examination fee of $83.75 and the physical therapist assistant registration fee of $230. These fees are set by the third party testing organization who administers the examinations, not the Board. The fees are uniform throughout the United States. To avoid the necessity of amending its regulations whenever the examination administrator might change the fees, the Board proposes to delete references to the fees.

   The General Assembly has indicated its preference for the recognition of National uniform examinations and grading services in accordance with section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a). Over the past several years, National uniform examinations have been developed for every category of license the Board issues. The fees for the examinations are established by the National examiners and communicated directly to the applicants. Applicants for these exams pay the examination fees directly to National examiners. Thus, it is unnecessary and impractical for the Board to continue to publish the National examiners' examination fees in the Board's regulations. Since examination fees are no longer established by the Board, section 8 of the Physical Therapy Practice Act (63 P. S. § 1308) (act) is inapplicable as to National uniform examinations. Thus, the Board is eliminating reference to these examination fees.

Fiscal Impact

   The proposed amendment will have no fiscal impact on the Board or its licensees. The proposed amendment should have no fiscal impact on the private sector, the general public or political subdivisions.

Paperwork Requirements

   The proposed amendment should not create additional paperwork for the private sector.

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 the directives of Executive Order 1996-1, ''Regulatory Review and Promulgation''. The proposed amendment addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.

Statutory Authority

   This amendment is proposed under section 812.1 of The Administrative Code of 1929 and section 8 of the act.

Fiscal Impact and Paperwork Requirements

   The proposed amendment will have no fiscal impact on the Commonwealth or its political subdivisions.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 24, 2001, the Board submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed amendment, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   If the Commission has objections to any portion of the proposed amendment, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Board, the General Assembly and the Governor, of objections raised.

Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendment to Bob Kline, Administrative Assistant, State Board of Physical Therapy, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Reference No. 16A-658 (Deletion of Examination Fees) when submitting comments.

JAMES J. IRRGANG,   
Chairperson

   Fiscal Note:  16A-658. 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.  GENERAL PROVISIONS

§ 40.5. Fees.

   The following fees are charged by the Board:

Physical therapist:
*      *      *      *      *

[Examination $245]
*      *      *      *      *
Athletic trainer:
*      *      *      *      *
[Athletic trainer examination $83.75]
*      *      *      *      *

Physical therapist assistants:
*      *      *      *      *

[Registration examination $230]
*      *      *      *      *

[Pa.B. Doc. No. 01-779. Filed for public inspection May 4, 2001, 9:00 a.m.]


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