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PA Bulletin, Doc. No. 05-1558




[49 PA. CODE CH. 27]

Deletion of Exam Fees

[35 Pa.B. 4711]

   The State Board of Pharmacy (Board) amends § 27.91 (relating to schedule of fees) to read as set forth in Annex A.

A.  Effective Date

   The final-form rulemaking takes effect upon final-form publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   The final-form rulemaking is authorized under sections 6(k)(1) and (9) and 8.2(a) of the Pharmacy Act (act) (63 P. S. §§ 390-6(k)(1) and (9) and 390-8.2(a)) and section 812.1 of The Administrative Code of 1929 (71 P. S. § 277.3a).

C.  Background and Purpose

   The amendment to § 27.91 deletes references to the fees for the North American Pharmacist Licensure Examination and the Multistate Pharmacy Jurisprudence Examination. The administrators of the examinations, not the Board, set these fees. To avoid the necessity of amending the regulations whenever the examination administrator changes the fees, the Board proposes to delete references to the fees.

D.  Summary of Comments and Responses on Proposed    Rulemaking

   Notice of the proposed rulemaking was published at 34 Pa.B. 4901 (September 4, 2004). Publication was followed by a 30-day public comment period during which the Board received no public comments. The Independent Regulatory Review Commission (IRRC) had no objections, comments or recommendations to offer on this final-form rulemaking. The House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment.

E.  Fiscal Impact and Paperwork Requirements

   The final-form rulemaking will have no fiscal impact on the Board or its licensees. The final-form rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions. The final-form rulemaking will avoid preparation of new regulations each time that an examination fee is changed and will not create additional paperwork for the private sector.

F.  Sunset Date

   The Board continuously monitors 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 September 4, 2004, the Board submitted copies of the notice of proposed rulemaking, published at 34 Pa.B. 4901, to IRRC and the Chairpersons of the SCP/PLC and the HPLC for review and comment. The Board did not receive any comments from IRRC, the SCP/PLC and the HPLC or the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), this final-form rulemaking was approved by the HPLC on June 28, 2005, and deemed approved by the SCP/PLC on July 13, 2005. Under section 5.1(g) of the Regulatory Review Act (71 P. S. § 745.5a(g)), this final-form rulemaking was deemed approved by IRRC effective July 13, 2005.

H.  Contact Person

   Further information can be obtained by contacting Melanie Zimmerman, Executive Secretary, State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3402,

I.  Findings

   The Board finds that:

   (1)  Public notice of intention to adopt the amendment has been 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 no comments were received.

   (3)  This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this preamble.

J.  Order

   The Board, acting under its authorizing statutes, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 27, are amended by amending § 27.91 to read as set forth at 34 Pa.B. 4901.

   (b)  The Board shall submit this order and 34 Pa.B. 4901 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 34 Pa.B. 4901 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.


   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 4270 (July 30, 2004).)

   Fiscal Note:  Fiscal Note 16A-5413 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-1558. Filed for public inspection August 19, 2005, 9:00 a.m.]

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