RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF DENTISTRY
[49 PA. CODE CH. 33]
[34 Pa.B. 2326]
The State Board of Dentistry (Board) amends § 33.3 (relating to fees) by revising certain application fees to read as set forth in Annex A.
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under section 4(b) of the Dental Law (act) (63 P. S. § 123(b)).
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 for services that 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 (Bureau), 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 on 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, with regard to the Board, determined that there are currently no fees for two services, which does not support the actual cost of providing those services: application for dental radiology authorization and notification application--postgraduate training or faculty member.
Section 11.4 of the act (63 P. S. § 130e) provides that no auxiliary personnel may perform radiologic procedures unless under the direct supervision of the dentist who is on the premises at the time that the X-ray is taken, and unless the person has passed the radiologic examination. Section 33.302 (relating to auxiliary personnel performing radiologic procedures) implements these provisions. Persons who have passed the Board approved dental radiologic procedure examination file an application requesting authorization to perform those radiologic procedures under the direct supervision of a dentist. A letter of authorization is issued by the Board.
Section 2(d) of the act (63 P. S. § 121(d)) allows dentists who are licensed in another state or country to practice without licensure in this Commonwealth for the limited purpose of teaching, including clinical teaching, in a dental school or advanced dental education program in this Commonwealth approved by the Board after notification to the Board and in accordance with Board regulations. Section 2(f) of the act allows the practice of dentistry without a license by persons in a dental clinic operated nonprofit during the duration of an internship, residency or other approved graduate training program by persons with the required education for admission into the program, and after notification to the Board.
In this final-form rulemaking, 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. Description of Services
Application Fee for Dental Radiology Authorization
This fee is necessary to offset costs incurred by the Board to process a request for authorization to perform radiologic procedures under the direct supervision of a dentist.
Applicants apply to and are examined by a professional testing contractor. Candidates who pass the examination are reported to the Bureau by the contractor. This information is entered into the Bureau's database and an authorization letter is issued to the applicant. The information must be maintained in the database perpetually for informational purposes and for providing duplicate authorization letters upon request. This fee is the only contribution applicants make to the operational expenses of the Board since the authorization is not subject to renewal. The administrative overhead charge has been averaged for the boards offering the radiology examination.
Notification Application--Postgraduate Training or Faculty Member
This fee is necessary to offset costs incurred by the Board to process a notification application for postgraduate training or faculty member.
The Board receives the application and supporting documents, reviews for completeness, contacts the applicant to request any missing information or documents, or both, confirms the status of the applicant's license in another state or foreign education, if applicable, and issues a letter of authorization, or discrepancy notice, as appropriate.
E. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 3, 2001, the Board submitted a copy of the notice of proposed rulemaking, published at 31 Pa. B. 5714 (October 13, 2001), 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 for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees 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 rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on December 16, 2003, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5g of the Regulatory Review Act, the amendment was deemed approved by IRRC, effective December 17, 2003.
F. Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest impact on those members of the private sector who apply for services from the Board. The final-form rulemaking 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 regulation. Therefore, no sunset date has been assigned.
G. Contact Person
Further information may be obtained by contacting Lisa Burns, Board Administrator, State Board of Dentistry, P. O. Box 2649, Harrisburg, PA 17105-2649, firstname.lastname@example.org.
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) (45 P. S. §§ 1201 and 1202) and the 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) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 31 Pa. B. 5714.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in Part B of this preamble.
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 33, are amended by amending § 33.3 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General 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) This order shall take effect on publication in the Pennsylvania Bulletin.
VEASEY B. CULLEN, Jr., D.M.D.,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 134 (January 3, 2004).)
Fiscal Note: Fiscal Note 16A-4611 remains valid for the final adoption of the subject regulation.
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 33. STATE BOARD OF DENTISTRY
Subchapter A. GENERAL PROVISIONS
§ 33.3. Fees.
Following is the schedule of fees charged by the Board:
Application fee--dentists, dental hygienists and expanded function dental assistants $20 Criteria approval application fee--dentists, dental hygienists and expanded function dental assistants $35 Fictitious name registration fee $35 Verification of license, permit or registration fee--dentists, dental hygienists and expanded function dental assistants $15 Certification of scores, permit or registration fee--dentists, dental hygienists and expanded function dental assistants $25 Biennial renewal fee--dentists $100 Biennial renewal fee--dental hygienists $40 Biennial renewal fee--expanded function dental assistants $25 Biennial renewal fee--unrestricted or restricted anesthesia permit $25 Temporary permit--expanded dental assistants $15 Application fee--dental radiology authorization $20 Notification application--postgraduate training or faculty member $25
[Pa.B. Doc. No. 04-759. Filed for public inspection April 30, 2004, 9:00 a.m.]
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