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PA Bulletin, Doc. No. 05-2202

RULES AND REGULATIONS

STATE BOARD OF PHARMACY

[49 PA. CODE CH. 27]

Biennial Renewal Fees

[35 Pa.B. 6531]

   The State Board of Pharmacy (Board) amends § 27.91 (relating to schedule of fees). The final-form rulemaking increases the biennial license renewal fee for pharmacists from $120 to $150 and increases the biennial renewal fee for a pharmacy permit from $75 to $100.

A.  Effective Date

   The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin. The new fees will take effect for the pharmacist biennial period beginning October 1, 2006, and the pharmacy permit biennial period beginning September 1, 2007.

B.  Statutory Authority

   The final-form rulemaking is authorized under section 8.2(a) of the Pharmacy Act (act) (63 P. S. §§ 390-8.2(a)). In addition, section 8.2(b) of the act requires the Board to increase fees by regulation in an amount adequate to meet the minimum enforcement efforts required by the act.

C.  Summary of Comments and Responses on Proposed Rulemaking

   Publication of proposed rulemaking at 35 Pa.B. 1219 (February 12, 2005) was followed by a 30-day public comment period during which the Board received no public comments. The Independent Regulatory Review Commission (IRRC) had no objections, comments or recommendations to offer on this final-form rulemaking. The House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment. The Board subsequently voted to adopt the final-form rulemaking at its April 20, 2005, meeting.

D.  Purpose and Description

   Section 8.2(a) of the act requires the Board to set fees by regulation in accordance with projected biennial revenues and expenditures. A detailed analysis of the fiscal operation of the Board and projections of future revenues and expenses was set forth in the notice of proposed rulemaking.

E.  Fiscal Impact and Paperwork Requirements

   The final-form rulemaking will increase the biennial renewal fee for pharmacists and pharmacies. A pharmacist will pay an additional $30 for biennial renewal. A pharmacy will pay an additional $25 for biennial renewal. The final-form rulemaking should have no other fiscal impact on the private sector, the general public or political subdivisions. The final-form rulemaking will require the Board to alter some of its forms to reflect the new biennial renewal fees. However, the final-form rulemaking should not create additional paperwork for the private sector.

F.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 2, 2005, the Board submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 1219, to the IRRC and the Chairpersons of the HPLC and the 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 HPLC, the SCP/PLC and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 18, 2005, the final-form rulemaking was approved by the HPLC. On November 2, 2005, the final-form rulemaking was deemed approved by the SCP/PLC. The final-form rulemaking was deemed approved by IRRC under section 5(g) of the Regulatory Review Act, effective November 2, 2005.

G.  Additional Information

   Individuals who need information about the final-form rulemaking should contact Melanie Zimmerman, R.Ph., Executive Secretary, State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA 17105-2649.

H.  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 the administration of the act.

I.  Order

   The Board orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 27, are amended by amending § 27.91 to read as set forth at 35 Pa.B. 1219.

   (b)  The Board shall submit this order and 35 Pa.B. 1219 to the Office of Attorney General and the Office of General Counsel for approval as required by law.

   (c)  The Board shall certify this order and 35 Pa.B. 1219 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

MICHAEL J. ROMANO, R.Ph.,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 6390 (November 19, 2005).)

   Fiscal Note: Fiscal Note 16A-5414 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-2202. Filed for public inspection December 2, 2005, 9:00 a.m.]


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