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PA Bulletin, Doc. No. 98-889


[49 PA. CODE CH. 33]


[28 Pa.B. 2589]

   The State Board of Dentistry (Board) amends § 33.3 (relating to fees) to read as set forth at 27 Pa.B. 1577 (March 29, 1997).

A.  Effective Date

   The amendment will be effective upon publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   Sections 4(a) and 11.7(b) of the Dental Law (act) (63 P. S. §§ 123(a) and 130h(b)) require the Board to fix the fees for licenses, certificates and temporary permits by regulation.

C.  Background and Purpose

   This amendment establishes application, temporary permit, verification and renewal fees for expanded function dental assistants (EFDAs) and increases the application fees for dentists and dental hygienists. The fees offset the identifiable costs incurred by the Board to process the documents and defray a portion of the Board's overhead.

   The act of December 27, 1994 (P. L. 1361, No. 160) amended the act throughout to require the certification and regulation of EFDAs. In accordance with section 11.7 of the act, the Board issued temporary permits to qualified EFDA applicants. To date, approximately 1,700 temporary permits have been issued but no fee has been charged.

   In processing the temporary permit applications, the clerical staff spends approximately 15 minutes on each application. The applications are reviewed for completeness, the education and experience are verified and the applicants are requested to provide missing information. If the application is acceptable, it is processed through the computer and the applicant is notified. Applications deemed deficient on their face are forwarded to a Committee of the Board for review. If necessary, additional information is requested and reviewed, and the applicant is notified of the final action. The $15 fee is a combination of these processing costs and the administrative overhead.

   The biennial renewal, criteria approval, verification and certification fees for EFDAs match those charged to dentists and dental hygienists. These fees are based upon the average biennial regulatory expense per certificate holder added to the average biennial regulatory expense per certificate holder.

   The application fee for dentists and dental hygienists has also been increased from $15 to $20 to cover processing costs.

D.  Summary of Comments and Responses on Proposed Rulemaking

   Notice of proposed rulemaking was published at 27 Pa.B. 1577. The Board received no public comment.

E.  Compliance with Executive Order 1996-1

   In accordance with the requirements of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the amendment, the Board solicited input and suggestions from the regulated community by providing drafts to organizations and entities which represent the professionals.

F.  Fiscal Impact and Paperwork Requirements

   The amendment requires dentists, dental hygienists and EFDAs who wish to practice in this Commonwealth to pay for the Board's expenses in processing their applications for licenses, certificates or temporary permits. There is no fiscal impact on the private sector, the general public or the political subdivisions.

   The only additional paperwork requirement will be on the Board which will have to alter its application forms to reflect the new fees.

G.  Sunset Date

   The Board continuously monitors 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 29, 1997, the Board submitted a copy of the notice of proposed rulemaking, published at 27 Pa.B. 1577 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. In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments received, as well as other documentation.

   In preparing this final-form regulation, the Board has considered all comments received from IRRC, the Committees and the public.

   This final-form regulation was approved by the House Committee on April 22, 1998, and deemed approved by the Senate Committee on May 3, 1998. IRRC met on May 7, 1998, and approved the amendment in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.5a).

I.  Public Information

   Interested persons may obtain information regarding the amendment by writing to June L. Barner, Board Administrator, State Board of Dentistry, 116 Pine Street, Post Office Box 2649, Harrisburg, PA 17105-2649.

J.  Findings

   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 at 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 amendment does not enlarge the purpose of proposed rulemaking published at 27 Pa.B. 1577.

   (4)  This amendment is necessary and appropriate for administration and enforcement of the authorizing acts identified in Part B of this Preamble.

K.  Order

   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 at 27 Pa.B. 1577.

   (b)  The Board shall submit this order and 27 Pa.B. 1577 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 27 Pa.B. 1577 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 28 Pa.B. 2463 (May 23, 1998).)

   Fiscal Note: Fiscal Note 16A-463 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 98-889. Filed for public inspection June 5, 1998, 9:00 a.m.]

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