PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CH. 47]
Biennial Renewal Fees
[37 Pa.B. 5264]
[Saturday, September 29, 2007]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend § 47.4 (relating to licensure fees), to read as set forth in Annex A. The proposed rulemaking would increase the biennial license renewal fee for licensed social workers, clinical social workers, marriage and family therapists and professional counselors from $45 to $75.
Effective Date
The amendment will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin. The increased fees will be effective for the biennial renewal period beginning March 1, 2009.
Statutory Authority
Section 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1918(c)) 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.
Background and Purpose
The Board's current biennial license renewal fees for licensed social workers were established on December 1, 1990. (See 20 Pa.B. 5937 (December 1, 1990).) The Board's current biennial license renewal fees for the newer licensee classifications of licensed clinical social workers, marriage and family therapists and professional counselors were originally established at 32 Pa.B. 5885 (November 27, 2002) and were set at that time at the same level as those in effect for licensed social workers ($45). Under section 18(c) of the act (63 P. S. § 1918(c)), 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 its Board meeting on February 13, 2007, the Department of State's Offices of Revenue and Budget presented a summary of the Board's revenue and expenses for Fiscal Years (FY) 2004-2005 and 2005-2006 and projected revenue and expenses through 2016-2017. The Offices of Revenue and Budget project a deficit of $67,350.37 in FY 2008-2009, a deficit of $416,350.37 in FY 2010-2011, a deficit of $338,350.37 in FY 2011-2012, a deficit of $841,350.37 in FY 2012-2013, a deficit of $827,350.37 in FY 2013-2014, a deficit of $1,397,350.37 in FY 2014-2015, a deficit of $1,453,350.37 in FY 2015-2016 and a deficit of $2,097,350.37 in FY 2016-2017. The major reason for the projected deficits is that the renewal fees for social workers have not been increased since 1990 and the renewal fees for licensed clinical social workers, marriage and family therapists and professional counselors have not been increased since their inception in 2002. Those fees have carried the Board for almost 17 years for social workers and 5 years for the other newer licensee categories. As a result of the projected deficits, the Offices of Revenue and Budget recommended that the Board raise fees to meet or exceed projected expenditures, in compliance with section 18(c) of the act. The Budget Office anticipates that the proposed new biennial renewal fees will enable the Board to meet its estimated expenditures for at least 9 years.
Although the $30 fee increase is significant, it is not surprising. As already stated, the fees for licensed social workers have not been increased since 1990 and the fees for licensed clinical social workers, marriage and family therapists and professional counselors have not been increased since they were originally established in 2002. Also, in spite of the proposed increase, the Board's new renewal fee of $75 every 2 years will still be lower than a majority of the surrounding States. For example, in New York, social workers and clinical social workers pay $155 every 3 years. In New Jersey, social workers pay $120 every 2 years and clinical social workers pay $160 every 2 years. In Delaware, clinical social workers pay $102 every 2 years. In Ohio, social workers pay $60 every 2 years. In West Virginia, social workers and clinical social workers pay $65 every 2 years. Finally, in Maryland, social workers and clinical social workers pay $200 every 2 years. None of the surrounding states have separate licensee categories for marriage and family therapists or professional counselors.
Description of Proposed Amendments
Based upon the expense and revenue estimates provided to the Board, the Board proposes to amend § 47.4 to increase the fee for biennial renewal of licensed social workers, clinical social workers, marriage and family therapists and professional counselors from $45 to $75.
Fiscal Impact
The proposed amendment will increase the biennial renewal fee for licensed social workers, clinical social workers, marriage and family therapists and professional counselors. The proposed amendment should have no other fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed amendment will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the proposed amendment should not create additional paperwork for the private sector.
Sunset Date
The act requires that the Board monitor its revenue and costs 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 19, 2007, the Board submitted a copy of this proposed amendment 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. 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 Beth Michlovitz, Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Please reference No. 16A-6915, Biennial Renewal Fees, when submitting comments.
MICHAEL J. DESTEFANO,
ChairpersonFiscal Note: 16A-6915. 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 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
GENERAL PROVISIONS § 47.4. Licensure fees.
(a) The fee schedule for licensure as a licensed social worker, provisional license, licensed clinical social worker, licensed marriage and family therapist or licensed professional counselor shall be as follows:
* * * * * (2) Biennial renewal for a licensed social worker, clinical social worker, marriage and family therapist or professional counselor .............................$[45] 75
* * * * *
[Pa.B. Doc. No. 07-1795. Filed for public inspection September 28, 2007, 9:00 a.m.]
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