PROPOSED RULEMAKING

STATE BOARD OF MEDICINE

[49 PA. CODE CHS. 16 AND 18]

Licensure, Certification, Examination and Registration Fees

[31 Pa.B. 2181]

   The State Board of Medicine (Board) proposes to amend §§ 16.13, 16.13a, 16.17 and 18.303, by revising certain application fees to read as set forth in Annex A.

   A.  Effective Date

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

   B.  Statutory Authority

   The proposed amendments are authorized under section 6 of the Medical Practice Act (act) (63 P. S. § 422.6).

   C.  Background and Purpose

   Section 6 of 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 for 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
x
Pay rate for the classification of the personnel performing the function
+
A proportionate share of administrative overhead

   As a result of the audit, the Board proposes to increase 16 existing fees and to decrease 2 fees. The analysis determined that current fees do not accurately reflect the actual cost of processing applications and providing other services. In this proposal, fees for the services identified would be adjusted to allocate costs to those who use the service or submit an application. The Board would continue to apportion its enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenues and expenditures.

   The Board is also taking this opportunity to consolidate its fees under one section. The Board is also eliminating references to Nationally established examination fees over which the Board has no control or involvement.

   The General Assembly has indicated its preference for the recognition of National uniform examinations and grading services in accordance with section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a). Over the past several years, National uniform examinations have been developed for every category of license the Board issues. The fees for the examinations are established by the National examiners and communicated directly to the applicants. Applicants for these exams pay the examination fees directly to National examiners. Thus, it is unnecessary and impractical for the Board to continue to publish the National examiners' examination fees in the Board's regulations. Since examination fees are no longer established by the Board, section 6 of the act is inapplicable as to national uniform examinations. Thus, the Board is eliminating reference to these examination fees.

   D.  Description of Proposed Amendments

   The following table outlines the affected application fees, proposed changes and date the indicated fee was last changed:

Fee Type	Current Fee	Effective Date	Proposed Fee
1.  Application, License w/o Restriction: accredited school (MD)	$20.00	12/31/86	$35.00
2.  Application, License w/o Restriction: non-accredited school (MD)	$80.00	01/19/91	$85.00
3.  Application, Extraterritorial License (XT)	$10.00	12/31/86	$30.00
4.  Application, Graduate License: accredited college (MT)	$15.00	12/31/86	$30.00
5.  Application, Graduate License: non-accredited college (MT)	$80.00	01/19/91	$85.00
6.  Application, Temporary License	$35.00	12/31/86	$45.00
7.  Application, Interim Limited License (ML)	$10.00	12/31/86	$30.00
8.  Application, Midwife License (MW)	$20.00	12/31/86	$30.00
9.  Application, Physician Assistant Certificate (PA)	$15.00	12/31/86	$30.00
10.  Registration, Physician Assistant Supervisor (MX)	$55.00	12/31/86	$35.00
11.  Application, Satellite Location	$45.00	08/14/93	$25.00
12.  Acupuncture Registration (AK)	$15.00	08/14/93	$30.00
13.  Acupuncture Supervisor Registration (MK)	$15.00	08/14/93	$30.00
14.  Resp. Care Temp. Permit	$15.00	11/16/96	$30.00
15.  Resp. Care Initial Cert. (YM)	$15.00	11/16/96	$30.00
16.  Radiology Exam App.	$0.00		$25.00
17.  Certification of License, Scores, Permit, Registration	$0.00		$25.00
18.  Verification of License, Registration, Certificate, Permit	$10.00	06/23/90	$15.00

   E.  Compliance with Executive Order 1996-1

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

   F.  Fiscal Impact and Paperwork Requirements

   The proposed amendments 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 amendments will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.

   G.  Sunset Date

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

   H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 27, 2001, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee (Committees). In addition to submitting the proposed amendments, 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.

   Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, 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.

   I.  Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Amy L. Nelson, Counsel, State Board of Medicine, 116 Pine Street, Post Office Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-4910 (Fees), when submitting comments.

CHARLES D. HUMMER, Jr., M.D.,   
Chairperson

   Fiscal Note:  16A-4910. 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 16.  STATE BOARD OF MEDICINE

Subchapter B.  GENERAL LICENSURE, CERTIFICATION EXAMINATION AND REGISTRATION PROVISIONS

§ 16.13.  Licensure, certification, examination and registration fees.

   [(a)  The examination fee for the December 1995, and following administrations of the USMLE Step 3 examination is $375.

   (b)  The fee for a license without restriction for a graduate of an accredited medical college is $20. The fee for a license without restriction for a graduate of an unaccredited medical college is $80. The biennial registration fee for a license without restriction is $125.

   (c)  The fee for an institutional license is $35.

   (d)  The fee for an extraterritorial license is $10. The biennial registration fee for an extraterritorial license is $80.

   (e)  The fee for a graduate license for a graduate of an accredited medical college is $15. The fee for a graduate license for a graduate of an unaccredited medical college is $80. The fee to renew a graduate license is $10.

   (f)  The fee for a temporary license is $35.

   (g)  The fee for an interim limited license is $10. The fee to renew an interim limited license is $10.

   (h)  The fee for a midwife license is $20. The biennial registration fee for a midwife license is $40.

   (i)  The fee for a physician assistant certificate is $15. The biennial registration fee for a physician assistant certificate is $40.

   (j)  The fee for registration as a supervising physician of a physician assistant is $15.

   (k)  The fee for registration as a physician assistant supervisor of a physician assistant is $55.

   (l)  The application fee for satellite location approval is $45.

   (m)  The fee for an acupuncturist registration is $15. The biennial registration fee for an acupuncturist registration is $40.

   (n)  The fee for an acupuncturist supervisor registration is $15.

   (o)  The biennial registration fee for a drugless therapist license is $35.

   (p)  The biennial registration fee for a limited license--permanent--is $25.

   (q)  There is no initial registration fee for a license, certificate or registration subject to biennial registration requirements.

   (r)  The fees for examination in radiologic procedures are listed in this subsection.

   (1)  The fee for the ARRT Examination in Radiography is $30.

   (2)  The fee for the ARRT Examination in Radiation Therapy Technology is $30.

   (3)  The fee for the ARRT Examination in Nuclear Medicine Technology is $30.

   (4)  The fee for the ARRT Limited Examinations in Radiography is $35. Study material may be purchased from the Board for $21.

   (5)  The fee for the ARRT Limited Examination in Radiography--Skull and Sinuses is $35.

   (s)  The fee for SPEX (Special Purpose Examination) is $550.]

(a)	Medical Doctor License:
	License Without Restriction:
	Application, graduate of accredited medical college	$35
	Application, graduate of unaccredited medical college	$85
	Biennial renewal	$125
	Extraterritorial License:
	Application	$30
	Biennial renewal	$80
	Graduate License:
	Application, graduate of accredited medical college	$30
	Application, graduate of unaccredited medical college	$85
	Annual renewal	$15
	Interim Limited License:
	Application	$30
	Biennial renewal	$10
	Miscellaneous:
	Application, institutional license	$35
	Application, temporary license	$45
	Biennial renewal, limited license (permanent)	$25
(b)	Midwife License:
	Application	$30
	Biennial renewal	$40
(c)	Physician Assistant Certificate:
	Application	$30
	Biennial renewal	$40
	Registration, physician assistant supervisor	$35
	Registration of additional supervisors	$  5
	Satellite location approval	$25
(d)	Acupuncturist Registration:
	Application	$30
	Biennial renewal	$40
	Registration, acupuncture supervisor	$30
(e)	Drugless Therapist License:
	Biennial renewal	$35
(f)	Radiology Technician:
	Application for examination	$25
(g)	Respiratory Care Practitioner Certificate:
	Application, temporary permit	$30
	Application, initial certification	$30
	Biennial renewal	$25
(h)	Verification or Certification:
	Verification of status	$15
	Certification of records	$25
(i)	Examination Fees:
	The State Board of Medicine has adopted Nationally recognized examinations in each licensing class. Fees are established by the National owners/providers of the examinations and are indicated in the examination applications.

§ 16.13a.  [Temporary waiver of biennial registration fees]  (Reserved).

   [Biennial registration fees in § 16.13 (relating to licensure, certification, examination and registration fees) are waived until the expiration of the 1987-88 biennial registration period.]

§ 16.17.  Certification of license, certificate or registration status.

   (a)  The status of a license, certificate or registration issued by the Board will be certified by the Board to other jurisdictions or persons upon formal application and payment of [$10] the fee indicated under § 16.13 (relating to licensure, certification, examination and registration fees).

*      *      *      *      *

   (c)  A request to certify the status of a person's license, certificate or registration or information regarding a person's license, certificate or registration status shall be forwarded to the Board, accompanied by [a] the fee [of $10] indicated under § 16.13 in the form of a certified check, cashier's check, money order or personal check payable to the Commonwealth of Pennsylvania.

CHAPTER 18.  STATE BOARD OF MEDICINE-- PRACTITIONERS OTHER THAN MEDICAL DOCTORS

Subchapter F.  RESPIRATORY CARE PRACTITIONERS

§ 18.303.  [Fees]  (Reserved).

   [The following is the schedule of fees charged by the Board:

(1)	Temporary permit	$15
(2)	Initial certification	$15
(3)	Certification examination	$90
	(Effective 7-96)	$100
(4)	Reexamination	$60
(5)	Biennial renewal of certification	$25]

[Pa.B. Doc. No. 01-682. Filed for public inspection April 20, 2001, 9:00 a.m.]

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