PROPOSED RULEMAKING
STATE BOARD OF OSTEOPATHIC MEDICINE
[49 PA. CODE CH. 25]
Deletion of Exam Fees
[35 Pa.B. 2639] The State Board of Osteopathic Medicine (Board) proposes to amend §§ 25.223 and 25.231 (relating to applications for examination; and schedule of fees) by deleting references to examination applications and examination fees to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed rulemaking is authorized under section 13.1 of the Osteopathic Medical Practice Act (act) (63 P. S. § 271.13a).
C. Background and Purpose
The Board is proposing to eliminate references to Nationally established examination fees over which the Board has no control or involvement. 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 are subject to being changed periodically by the National examiner. Thus, it is unnecessary and impractical for the Board to continue to publish the National examiners' examination fees in the Board's regulations. Because examination fees are no longer established by the Board, section 13.1 of the act is inapplicable as to National uniform examinations. Thus, the Board is eliminating reference to these examination fees. Also, the Board is proposing to eliminate the reference to the osteopathic diagnosis and manipulative therapy examination fee. This examination is administered by Professional Credential Services (PES) and the applicant for this examination pays the examination fee directly to PES.
In addition, the Board is taking this opportunity to delete references in § 25.223(b) to specific dates for the administration of examinations and related deadlines for submission of examination applications because the examinations are now computer-based, rather than written, and therefore are administered regularly as scheduled by the applicant.
D. Fiscal Impact and Paperwork Requirements
The proposed rulemaking would have no adverse fiscal impact on the Commonwealth or its political subdivisions or members of the private sector who apply for examinations. The proposed rulemaking will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
E. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
F. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 20, 2005, 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 must 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.
G. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Beth Sender Michlovitz, Counsel, State Board of Osteopathic Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
THOMAS R. CZARNECKI, D.O.,
ChairpersonFiscal Note: 16A-5315. 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 25. STATE BOARD OF OSTEOPATHIC MEDICINE
Subchapter E. PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL § 25.223. Applications for examination.
* * * * * (b) [The examinations listed in subsection (a) are administered in this Commonwealth on the third Thursday of March, July and October. Applications for the March examination shall be received by December 31, applications for the July examination shall be received by April 30 and applications for the October examination shall be received by July 31.
(c)] * * *
Subchapter F. FEES § 25.231. Schedule of fees.
An applicant for a license, certificate, registration or service shall pay the following fees at the time of application:
* * * * *
[Osteopathic Manipulative Therapy Examination $87] * * * * *
Application for radiology [(ARRT)] examinations $25 [ARRT Examination in Radiography $20 ARRT Examination in Nuclear Medicine Technology $20 ARRT Examination in Radiation Therapy Technology $20 ARRT Limited Examination in Radiography-Thorax and Extremities $25 ARRT Limited Examination in Radiography-Skull and Sinuses $25] * * * * *
[Pa.B. Doc. No. 05-840. Filed for public inspection April 29, 2005, 9:00 a.m.]
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