RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF CHIROPRACTIC
[ 49 PA. CODE CH. 5 ]
Reactivation of Lapsed License
[38 Pa.B. 6471]
[Saturday, November 29, 2008]The State Board of Chiropractic (Board) amends § 5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record) to read as set forth in Annex A.
Description and Need for the Rulemaking
Under section 501(b) of the Chiropractic Practice Act (act) (63 P. S. § 625.501(b)), a chiropractor's license must be renewed biennially, and a licensee ''who has failed to renew his license for a period of longer than five years shall be required to apply for a license in accordance with subsection (a) if he desires to resume practicing chiropractic.'' Currently, § 5.17(m) requires a licensee whose license has been inactive for more than 5 years to apply for licensure in accordance with §§ 5.12 or 5.13 (relating to licensure by examination; and licensure by reciprocity). In addition to the current two bases to reactivate a license that has been lapsed for more than 5 years, this regulation will permit the licensee to demonstrate competence to resume practice by showing at least 5 years of continuous licensed practice of chiropractic in another jurisdiction immediately preceding application for reactivation or by successfully completing, within 6 months prior to applying for reactivation, the Special Purpose Examination in Chiropractic and the Pennsylvania Jurisprudence Examination.
Summary of Comments and Responses to Proposed Rulemaking
The Board published a notice of proposed rulemaking at 37 Pa.B. 4627 (August 25, 2007) with a 30-day public comment period. The Board received no written comments from the public. The Board received comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC) as part of their review of proposed rulemaking under the Regulatory Review Act (RRA) (71 P. S. §§ 745.1--745.12). The Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) as part of its review of proposed rulemaking under the act.
The HPLC first questioned the option to show continuous licensed practice in jurisdictions that do not offer reciprocity and might not have equivalent standards of practice. It is important to note that the licensee seeking to reactivate a lapsed license previously demonstrated that the licensee met the Commonwealth's standards for licensure. By comparison, a Commonwealth-licensed chiropractor who continued to renew the chiropractor's license would not have been required to demonstrate any standard of professional practice. The Board concludes that, regardless of the scope or standard of practice in another jurisdiction, active practice of chiropractic, coupled with completion of the required amount of continuing education and the Pennsylvania's Jurisprudence Examination as discussed as follows, is adequate to demonstrate current competence to resume practice in this Commonwealth.
The HPLC also questioned the option for a licensee to complete the Pennsylvania Chiropractic Law Examination, noting that this examination does not focus on the ability to practice as a chiropractor. The Board intended to require this examination in addition to the Special Purpose Examination in Chiropractic to demonstrate current competence to resume the practice of chiropractic in this Commonwealth. Accordingly, the Board has revised § 5.17(m)(4) to clarify the requirement to successfully complete both examinations. In light of this comment, the Board reconsidered the value of requiring the Jurisprudence Examination and concluded that it is an appropriate requirement for reactivation when the licensee has not practiced in this Commonwealth for more than 5 years. Notably, under the existing regulations for reactivation based upon either taking the licensure examinations or qualifying for licensure by reciprocity, successful completion of the Pennsylvania's Jurisprudence Examination is required. According, the Board also revised § 5.17(m)(3) to require successful completion of the Pennsylvania's Jurisprudence Examination, in addition to continuous practice of chiropractic in another jurisdiction, to reactivate a license that has been lapsed for more than 5 years.
IRRC commented that the option to reactivate a license that has been lapsed for more than 5 years based upon practice in another jurisdiction should explicitly state that completion of the continuing education requirement is required. Section 5.17(f)(3) requires a licensee renewing a current license to provide proof of attendance at continuing education courses during the previous biennial renewal period; and § 5.17(j) requires a licensee applying to reactivate a lapsed license (without reference to the period of lapse) to submit evidence of compliance with the continuing education requirements. The Board agrees with IRRC that explicitly stating this requirement in § 5.17(m) would improve the clarity of the rulemaking. Accordingly, the Board has revised § 5.17(m) to explicitly require compliance with all other requirements for reactivation, including the continuing education requirement.
Fiscal Impact and Paperwork Requirements
The final-form regulation will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Effective date
The final-form regulation will become effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The final-form regulation is authorized under sections 302(3) and 501(b) of the act.
Regulatory Review
Under section 5(a) of the RRA (71 P. S. § 745.5(a)), on August 15, 2007, the Board submitted a copy of the notice of proposed rulemaking published at 37 Pa.B. 4627, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the RRA, 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 regulation, the Board has considered all comments received from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the RRA (71 P. S. § 745.5a(j.2)), on September 17, 2008, the final-form regulation was approved by the HPLC. On October 15, 2008, the final-form regulation was deemed approved by the SCP/PLC. Under section 5.1(e) of the RRA, IRRC met on October 16, 2008, and approved the final-form regulation.
Additional Information
Persons who require additional information about the final-form regulation should submit inquiries to Deborah Smith, Administrator, State Board of Chiropractic, by mail to P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7155 or st-chiro@state.pa.us.
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) and 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) The amendments to this final-form rulemaking do not enlarge the scope of proposed rulemaking published at 37 Pa.B. 4627.
(4) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 5, are amended by amending § 5.17, to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.
(b) The Board shall submit this order and Annex A 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 Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
JONATHAN W. MCCULLOUGH, DC,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 6123 (November 1, 2008).)
Fiscal Note: Fiscal Note 16A-4314 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 5. STATE BOARD OF CHIROPRACTIC
Subchapter B. LICENSURE, CERTIFICATION, EXAMINATION AND REGISTRATION PROVISIONS § 5.17. Biennial registration; unregistered status and inactive status; failure to renew; address of record.
* * * * * (m) To reactivate a license that has been inactive for more than 5 years, the licensee shall satisfy all other requirements for reactivation required by this section, including the continuing education requirements, and establish current competence to practice by at least one of the following:
(1) Successful completion of the examinations required under § 5.15(a) (relating to licensure examinations) within 1 year prior to application for reactivation.
(2) Compliance with § 5.13 (relating to licensure by reciprocity).
(3) Proof of continuous licensed practice of chiropractic in one or more other jurisdictions of the United States or Canada for at least 5 years immediately preceding application for reactivation and successful completion of the examination required by § 5.15(a)(2) (relating to licensure by examination).
(4) Successful completion of both of the following examinations within 6 months prior to application for reactivation:
(i) The examination required by § 5.15(a)(2).
(ii) The Special Purpose Examination in Chiropractic administered by the National Board of Chiropractic Examiners.
[Pa.B. Doc. No. 08-2144. Filed for public inspection November 28, 2008, 9:00 a.m.]
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