RULES AND REGULATIONS
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
[49 PA. CODE CH. 39]
Deletion and Correction of Fees
[34 Pa.B. 4696] The State Board of Examiners of Nursing Home Administrators (Board) amends § 39.72 (relating to fees) to read as set forth in Annex A.
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 7.1(a) of the Nursing Home Administrators License Act (act) (63 P. S. § 1107.1(a)).
C. Background and Purpose
The final-form rulemaking deletes the examination fees in § 39.72 for the National Association of Board of Examiners of Long-Term Care Administrators examination, the State rules and regulations examination and the combined examination, as these fees are set by the testing organization which develops and administers the examinations, not by the Board. To avoid the necessity of amending its regulations whenever the testing organization might change the fees, the Board proposes to delete references to the examination fees. The final-form rulemaking also corrects two fees regarding continuing education program applications, which were erroneously omitted or reduced by a regulation package concerning continuing education.
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of the proposed rulemaking was published at 34 Pa.B. 55 (January 3, 2004). Publication was followed by a 30-day public comment period. The Board did not receive comments from the general public. Following the close of the public comment period, the House Professional Licensure Committee (HPLC) notified the Board that it was taking no formal action on the regulation as proposed, while the Independent Regulatory Review Commission (IRRC) notified the Board that it had no objection, comments or recommendations to offer on the proposed rulemaking.
E. Fiscal Impact and Paperwork Requirements
The final-form rulemaking regarding the deletion of examination fees will have no adverse fiscal impact on the Board or its licensees. The final-form rulemaking regarding continuing education fees will have fiscal impact on the Board and its licensees, but only insofar as it will reinstate the proper fees and permit the Board to charge the fees for continuing education approval which it has continuing authority to charge. The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 26, 2004, the Board submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 55, to IRRC and the Chairpersons of the HPLC and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 9, 2004, the final-form rulemaking was approved by the HPLC and deemed approved by the SCP/PLC on June 15, 2004. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective July 14, 2004.
H. Contact Person
Interested persons may obtain information regarding the final-form rulemaking by contacting to Christina Stuckey, Board Administrator, State Board of Examiners of Nursing Home Administrators, Post Office 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, 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 final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts 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 39, are amended by amending § 39.72 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to 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.
BARRY S. RAMPER, II, NHA,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 4082 (July 31, 2004).)
Fiscal Note: Fiscal Note 16A-628 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 39. STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
RENEWAL § 39.72. Fees.
The following is a schedule of fees charged by the Board:
Biennial renewal of nursing home administrators license $108 License application fee $40 Temporary permit fee $145 Certification of examination scores $25 Verification of licensure or temporary permit $15 Continuing education provider application fee $40 Continuing education program application fee per clock hour $15 Continuing education individual program application fee $20
[Pa.B. Doc. No. 04-1591. Filed for public inspection August 27, 2004, 9:00 a.m.]
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