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PA Bulletin, Doc. No. 99-658



[49 PA. CODE CH. 41]

Application Fees

[29 Pa.B. 2145]

   The State Board of Psychology (Board) proposes to amend § 41.12 (relating to fees) by revising certain application fees to read as set forth in Annex A.

A.  Effective Date

   The proposed amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.

B.  Statutory Authority

   The proposed amendment is authorized under section 3.3(d) of the Professional Psychologists Practice Act (act) (63 P. S. § 1203.3(d)).

C.  Background and Purpose

   The act requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to individual licensees or applicants are excluded from general operating revenues and are funded through fees in which the cost of providing the service forms the basis for the fee.

   In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual cost calculations are based upon the following formula:

   number of minutes to perform the function
pay rate for the classification of personnel performing the function
a proportionate share of administrative overhead

   The analysis determined that the fees for five services do not accurately reflect the actual cost of providing those services: reapplication following a first examination failure; reapplication following subsequent examination failure; verification of license; certification of examination scores and experience; and, fictitious and corporate name registration. The first reapplication fee and certification of scores/license have not been revised since 1987, while the subsequent reapplication fee was last revised in 1990. No fee is in place for verification of licensure or for registration of a corporate or fictitious name. The application fee following a second or subsequent examination failure exceeded the actual cost of providing the service.

   Sections 41.26 and 41.27 (relating to professional corporations; and fictitious names) require the Board to review and approve articles of incorporation and registry statements for proposed corporations and fictitious name registrations in accordance with § 41.61 (relating to Code of Ethics). This review process involves Board staff, including the Administrator, as well as the entire Board.

   In this proposal, fees for the services identified previously would be adjusted to allocate costs to those who use the service or make application. The Board would continue to apportion enforcement and operating costs to the general licensing population by means of its license renewal fee through the biennial reconciliation of revenue and expenditures.

D.  Compliance with Executive Order 1996-1

   In accordance with the requirements of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendment the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.

E.  Fiscal Impact and Paperwork Requirements

   The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.

F.  Sunset Date

   The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.

G.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 12, 1999, the Board submitted a copy of proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairperson of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed amendment, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   If IRRC has objections to any portion of the proposed amendment, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Board, the General Assembly and the Governor, of objections raised.

H.  Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Melissa M. Wilson, Administrative Assistant, State Board of Psychology, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-636 (Application Fees), when submitting comments.


   Fiscal Note:  16A-636. No fiscal impact; recommends adoption.

Annex A






§ 41.12.  Fees.

   The schedule of fees charged by the Board is as follows:

*      *      *      *      *

   Reapplication fee--first time examination failure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$[15] 20
   Reapplication fee--subsequent examination failure. . . . . . . . . . . . . . .  . . . . . .$[105] 90
*      *      *      *      *
   Certification fee. . . . . . . . . . . . . . . . . . . . . . .$[15] 25
   Verification fee. . . . . . . . . . . . . . . . . . . . . .$15
*      *      *      *      *
   Fictitious/corporate name registration. . . . . . . . . . . . . . . . . . . . . . . . . . .$80
[Pa.B. Doc. No. 99-658. Filed for public inspection April 23, 1999, 9:00 a.m.]

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