PROPOSED RULEMAKING
STATE BOARD
OF DENTISTRY
[49 PA. CODE CH. 33]
Biennial Renewal Fees--Dentist, Restricted Anesthesia Permit II
[34 Pa.B. 5596] The State Board of Dentistry (Board) proposes to amend §§ 33.3 and 33.339 (relating to fees; and fees for issuance of permits) to read as set forth in Annex A. The proposed rulemaking would increase the biennial license renewal fee for dentists from $100 to $250 and would increase the biennial renewal fee for a restricted anesthesia permit II from $25 to $50. A restricted anesthesia permit II authorizes the permitholder to administer nitrous oxide/oxygen analgesia.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. The new fees will take effect for the biennial period beginning March 31, 2005.
Statutory Authority
Section 4(b) of The Dental Law (act) (63 P. S. § 123(b)) requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet Board expenditures. Section 11.2(6) of the act (63 P. S. § 130c(a)(6)) specifically authorizes the Board to assess biennial renewal fees for anesthesia permits.
Background and Need for the Proposed Rulemaking
The Board's current biennial license renewal fee for dentists was established by regulation on July 1, 1995. See 25 Pa.B. 2598 (July 1, 1995). The Board's current fee schedule for renewal of anesthesia permits was established by regulation on July 9, 1988. See 18 Pa.B. 3045 (July 9, 1988). Under section 4(b) of the act, the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board must increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The Board raises virtually all of its revenue through biennial renewal fees.
At Board meetings in November 2003 and July 2004, the Department of State's Offices of Revenue and Budget (Offices) presented a summary of the Board's revenue and expenses for fiscal years 2001-2002 and 2003-2004, and projected revenue and expenses through 2007-2008. The Offices projected a deficit of $838,225.49 in fiscal year 2004-2005, a deficit of $1,900,225.49 in fiscal year 2005-2006, a deficit of $1,743,225.49 in fiscal year 2006-2007 and a deficit of $2,876,225.49 in fiscal year 2007-2008. The Offices recommended that the Board raise fees to meet or exceed projected expenditures, in compliance with section 4(b) of the act.
The Board's review of its actual and projected expenses over the past 5 years revealed significant shortfalls in the areas of hearing expenses, Board administration and legislative and regulatory analysis. For example, despite annual budget increases, the hearing expenses were $6,225 over budget in 1999-2000, $3,188 over budget in 2000-2001, $19,954 over budget in 2001-2002 and $11,283 over budget in 2002-2003. The amount budgeted for hearing expenses has risen from $3,000 in FY 1999-2000 to $26,000 in FY 2003-2004. Nevertheless, the hearing expenses are expected to be $43,310 over budget in 2003-2004. Similarly, the budgeted amounts for law enforcement have risen from $233,000 in FY 1999-2000 to $345,000 in 2003-2004. The Board has also experienced significant increases in actual expenses over estimated expenses in other areas of the legal office and the Professional Health Monitoring Program. Overall increased expenditures in these program areas have resulted from greater enforcement activity and increases in the number of disciplinary actions and in the numbers of licensees participating in the Bureau-wide program for impaired professionals. At the same time, the Board's licensee population has declined by about 400 licensees over the past 5 years, decreasing the Board's biennial revenue. The Budget Office anticipates that the proposed new biennial renewal fees will enable the Board to recapture the current deficit and meet its estimated expenditures for at least 7 or 8 years.
In determining the fee, the Board also considered the renewal fees charged to dentists in surrounding states. The Board found that the proposed increase to $250 would be consistent with the renewal fees charged in the surrounding states.
The Board also proposes to remove the anesthesia permit biennial renewal fee from § 33.3 and move it to § 33.339. The Board finds that § 33.339 is the more appropriate place for these fees because it lies within Subchapter E (relating to administration of general anesthesia, conscious sedation, and nitrous oxide/oxygen analgesia), which relates solely to anesthesia permits and standards for the administration of anesthesia in dental offices. In a proposed rulemaking earlier this year, the Board filed notice that it intends to amend § 33.339 to reflect new fees for anesthesia permits. See 34 Pa.B. 1949 (April 10, 2004). Finally, the Board will add a cross reference in § 33.3 to § 33.339.
Description of Proposed Rulemaking
Based upon the expense and revenue estimates provided to the Board, the Board proposes to amend § 33.3 to increase the fee for biennial renewal of licenses for dentists from $100 to $250. The Board declined to assess an across-the-board increase on all its renewal fees based on its assessment that additional expenditures can be more equitably borne by dentists rather than by their employees, who must work under the supervision of a dentist. The Board also proposes to remove the renewal fees for anesthesia permits from § 33.3 and move them to § 33.339 and to increase the biennial renewal fee for a restricted anesthesia permit II from $25 to $50. The biennial renewal fees for an unrestricted anesthesia permit and a restricted anesthesia permit I were already amended in the Board's proposed rulemaking published at 34 Pa.B. 1949.
Fiscal Impact
The proposed rulemaking will increase the biennial renewal fee for dentists and will increase the biennial renewal fee for a restricted anesthesia permit II. The proposed rulemaking should have no other fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the proposed rulemaking should not create additional paperwork for the private sector.
Sunset Date
The act requires that the Board monitor its revenue and cost on a fiscal year and biennial basis. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 29, 2004, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Lisa Burns, Administrator, State Board of Dentistry, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
VEASEY B. COLLEN, Jr., D.M.D.,
ChairpersonFiscal Note: 16A-4615. 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 33. STATE BOARD OF DENTISTRY
Subchapter A. GENERAL PROVISIONS § 33.3. Fees.
Following is the schedule of fees charged by the Board:
* * * * * Biennial renewal fee--dentists. . . . . . . . . .$[100]250
* * * * * [Biennial renewal fee--unrestricted or restricted anesthesia permit. . . . . . . . . .$25]
* * * * * For fees related to anesthesia permits, refer to § 33.339 (relating to fees for issuance of permits).
Subchapter E. ADMINISTRATION OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA § 33.339. Fees for issuance of permits.
The following fees are charged for the issuance of permits under this subchapter:
(1) Unrestricted permit.
(i) [Issuance under § 33.335(a)(1) or (2)]
Initial. . . . . . . . . .$[15]100(ii) [Issuance under § 33.335(a)(3)]
Renewal. . . . . . . . . .$[300]200(iii) Temporary. . . . . . . . . .$100
(2) Restricted permit I.
(i) [Issuance under § 33.336(a)(1)]
Initial. . . . . . . . . .$[15] 100(ii) [Issuance under § 33.336(a)(2)]
Renewal. . . . . . . . . .$[300] 200(iii) Temporary. . . . . . . . . .$100
(3) Restricted permit II.
(i) [Issuance under § 33.337(a)(1)] Initial. . . . . . . . . .$15
(ii) [Issuance under § 33.337(a)(2)]
Renewal. . . . . . . . . .$[15]50(iii) Temporary. . . . . . . . . .$15
[Pa.B. Doc. No. 04-1854. Filed for public inspection October 8, 2004, 9:00 a.m.]
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