PROPOSED RULEMAKING
STATE BOARD
OF NURSING
[ 49 PA. CODE CH. 21 ]
Biennial Renewal Fees
[39 Pa.B. 7105]
[Saturday, December 19, 2009]The State Board of Nursing (Board) proposes to amend §§ 21.5, 21.147, 21.253 and 21.705 to read as set forth in Annex A. The proposed rulemaking provides for a new biennial renewal fee for licensed practical nurses (LPNs), professional nurses (RNs), certified registered nurse practitioners (CRNPs) and licensed dietitian-nutritionists (LDNs).
Effective Date
The amendments will become effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
Section 11.2 of the Professional Nursing Law (RN act) (63 P. S. § 221.2) and section 17.5 of the Practical Nurse Law (63 P. S. § 667.5) require the Board to set fees sufficient to meet expenditures.
Background and Purpose
The Board receives an annual report from the Bureau of Finance and Operations of the Department of State (BFO) regarding its income and expenses. The last increase to biennial renewal fees for nurses occurred November 18, 2000, when the fee for LPNs was increased from $16 to $40; the fee for RNs was increased from $21 to $45; and the fee for CRNPs was increased from $26 to $50. See 30 Pa.B. 5952 (November 18, 2009). The biennial renewal fees for LDNs were established at 36 Pa.B. 2396 (May 20, 2006).
In the fall of 2008, BFO advised the Board that it would be required to raise its biennial renewal fees to meet current and projected expenses. On July 27, 2009, BFO again met with the Board and provided an updated recommendation regarding whether a fee increase would be required for the Board to meet its operating expenses, and what fee would be recommended.
BFO reported that the Board would face an inability to meet its obligations if fees were not increased. BFO advised the Board that it would face a deficit of over $1 million by Fiscal Year (FY) 2011-2012 if fees are not raised, will face a deficit of over $3.8 million in FY 2012-2013, a deficit of over $6.4 million in FY 2013-2014, a deficit of over $10.3 million in FY 2014-2015, a deficit of over $14 million in FY 2015-2016, a deficit of over $19 million in FY 2016-2017 and a deficit of over $22.6 million in FY 2017-2018. BFO recommended, and the Board adopted, an approximately 45% increase. Pursuant to the increase, the new RN biennial fee will be $65, the new LPN biennial fee will be $60, the new CRNP biennial fee will be $75, and the new LDN biennial fee will be $65.
Description of Amendments
The Board proposes an approximately 45% increase in the biennial renewal fees for LPNs, RNs, CRNPs and LDNs. The Board proposes no increase in the biennial renewal fee for CRNP prescriptive authority approval because CRNPs will already be faced with an increase to both the RN and CRNP biennial renewal fees.
Fiscal Impact and Paperwork Requirements.
The amendments will have a fiscal impact on nurses and licensed dietitian-nutritionists in this Commonwealth in that the amendments increase the biennial licensure renewal fees for these licensees. The amendments will not otherwise have any fiscal impact nor impose additional paperwork on the private sector, the general public and the Commonwealth and its political subdivisions.
Sunset Date
The Board continuously monitors its regulations. 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 December 7, 2009, 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 Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the House Professional Licensure Committee (HPLC). 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 from the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria that 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 and objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Ann Steffanic, Board Administrator, State Board of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference (16A-5136) Biennial Renewal Fees when submitting comments.
ANN L. O'SULLIVAN, Ph.D., FAAN, CRNP,
ChairpersonFiscal Note: 16A-5136. 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 21. STATE BOARD OF NURSING
Subchapter A. REGISTERED NURSES
GENERAL PROVISIONS § 21.5. Fees.
(a) The following fees are charged by the Board for services provided to licensees:
* * * * * [Application for approval of new nursing
program .....$935]* * * * * [Biennial renewal of license .....$45]
* * * * * [Request under § 21.134(b) by a provider of a continuing education activity not listed in § 21.134(a) or an individual seeking credit for a continuing education activity not preapproved by the Board for approval of each hour of continuing education for which credit is requested.....$75]
(b) [In addition to the examination and licensure fee of $35 prescribed in subsection (a), which is payable directly to the Board, a candidate for the registered nurse licensing examination shall also pay a fee of $40 to the National Council of the State Boards of Nursing to cover costs associated with the preparation and administration of the registered nurse licensing examination. Effective April 1994, or upon implementation of the computer adaptive examination, the fee paid directly to the National Council of the State Boards of Nursing or its designated agent is $88.]
The following fees are charged by the Board to support its operations:
Biennial renewal of license.....$65
(c) The following fees are charged by the Board for services provided to nursing education programs:
Application for approval of new nursing
program .....$935(d) The following fees related to continuing education are charged by the Board:
Request, under § 21.134(b) (relating to continuing education sources) by a provider of a continuing education activity not listed in § 21.134(a) or an individual seeking credit for a continuing education activity not preapproved by the Board, for approval of each hour of continuing education for which credit is requested.....$75
(e) In addition to the examination and licensure fee prescribed in subsection (a), which is payable directly to the Board, a candidate for the registered nurse licensing examination shall also pay a fee to the National Council of the State Board of Nursing (www.ncsbn.org) to cover costs associated with the preparation and administration of the registered nurse licensing examination.
Subchapter B. PRACTICAL NURSES
GENERAL PROVISIONS § 21.147. Fees.
(a) The following fees are charged by the Board for services to licensees:
* * * * * [Application for approval of new nursing
program .....$935]* * * * * [Biennial renewal of license.....$40]
* * * * * (b) [In addition to the examination and licensure fee of $35 prescribed in subsection (a), which is payable directly to the Board, a candidate for the practical nurse licensing examination shall also pay a fee of $40 to the National Council of the State Boards of Nursing to cover costs associated with the preparation and administration of the practical nurse licensing examination. Effective April 1994, or upon implementation of the computer adapted examination, the fee paid directly to the National Council of the State Boards of Nursing or its designated agent is $88.]
The following fees are charged by the Board to support its operations:
Biennial renewal of license.....$60
(c) The following fees are charged by the Board for services to nursing education programs:
Application for approval of new nursing
program .....$935(d) In addition to the examination and licensure fee prescribed in subsection (a), which is payable directly to the Board, a candidate for the practical nurse licensing examination shall also pay a fee to the National Council of the State Boards of Nursing (www.ncsbn.org) to cover costs associated with the preparation and administration of the practical nurse licensing examination.
Subchapter C. CERTIFIED REGISTERED NURSE PRACTITIONERS
GENERAL PROVISIONS § 21.253. Fees.
(a) The following fees are charged by the Board for services to licensees:
[Certification] CRNP certification .....$100
[Biennial renewal of certification ..... $50]
* * * * * [Biennial renewal of prescriptive authority .....$25
Application for approval of new nursing
program ..... $735Application for approval of CRNP continuing
education course ..... $100](b) The following fees are charged by the Board to support its operations:
Biennial renewal of CRNP certification .....$75
Biennial renewal of prescriptive authority
approval .....$25(c) The following fees for approval and review of CRNP education programs are charged by the Board:
Application for approval of new nursing
program ..... $735(d) The following fees related to continuing education are charged by the Board:
Application for approval of CRNP continuing
education course ..... $100
Subchapter G. DIETITIAN-NUTRITIONISTS
GENERAL PROVISIONS § 21.705. Fees.
(a) The following fees are charged by the Board for services to licensees:
* * * * * [Renewal fee ..... $45]
* * * * * (b) The following fees are charged by the Board to support its operations:
Biennial renewal of license ..... $65
(c) In addition to the application fee prescribed in subsection (a), which is payable directly to the Board, a candidate for the Registration Examination for Registered Dietitians will also pay an additional examination fee. A candidate may contact the Commission on Dietetic Registration, 216 West Jackson Blvd., Chicago, IL 60606-6995, [www.cdrnet.org] www.dcrnet.org for more information regarding the examination and examination fee.
[(c)](d) In addition to the application fee prescribed in subsection (a), which is payable directly to the Board, a candidate for the Certification Board for Nutrition Specialists examination for Certified Nutrition Specialists will also pay an additional examination fee. A candidate may contact the Certification Board for Nutrition Specialists, 300 S. Duncan Avenue, Suite 225, Clearwater, FL 33755, www.cert-nutrition.org for more information regarding the examination and examination fee.
[Pa.B. Doc. No. 09-2313. Filed for public inspection December 18, 2009, 9:00 a.m.]
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