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PA Bulletin, Doc. No. 99-404




[49 PA. CODE CH. 31]


[29 Pa.B. 1392]

   The State Board of Veterinary Medicine (Board) amends § 31.41 (relating to schedule of fees). The amendment readjusts fees for veterinarian and animal health technician license applications, temporary permits and continuing education provider approvals to equal the actual cost of processing requests and issuing documents.

A.  Effective Date

   The new fees will be effective on publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   Section 13(a) of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.13(a)), requires the Board to establish fees by regulation. Section 13(b) of the act requires the Board to increase fees to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures.

C.  Purpose and Need for the Amendment

   The existing fees for applications, approvals and permits were established in the Board's first biennial reconciliation of revenue and expenses in 1988. Fees for processing applications and approvals were based upon actual costs. Fees for these services reflected an administrative overhead charge per application of $7.62. In FY 1996-97, the administrative overhead charge per application was $16.69. Much of the increase can be attributed to an increase in personnel costs, the fact that the Bureau now pays rent for office space (not applicable in 1988), and upgraded computer equipment.

D.  Summary of Comments and Responses on Proposed Rulemaking

   Notice of proposed rulemaking was published at 28 Pa. B. 2289 (May 16, 1998). The Board received one comment from a public commentator who felt the fee increase for the animal health technician was unreasonable in comparison to the fee increase for the veterinarian. The commentator felt the licensed veterinarian was in a better financial position to incur the additional expense. However, as noted in Part C of this Preamble, the fees charged reflect the actual cost of providing the service.

   No comments were received from the House Professional Licensure Committee. In addition, the Independent Regulatory Review Commission (IRRC) offered no comments, suggestions or changes.

   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 licensed community.

F.  Fiscal Impact

   The amendment increases the application fee for veterinarians and animal health technicians, increases the continuing education program approval fee and decreases the temporary permit fee in this Commonwealth. A veterinarian will pay an additional $15 for an initial or reactivated license. An animal health technician will pay an additional $20 for initial certification and a continuing education provider will pay an additional $10 for program approval. A temporary permit fee will be reduced $20. The amendment should have no other fiscal impact on the private sector, the general public or political subdivisions.

G.  Paperwork Requirements

   The amendment requires the Board to alter some of its forms to reflect the new fees; however, the amendment should not create additional paperwork for the private sector.

H.  Sunset Date

   The Board continuously monitors its regulations. Therefore no sunset date has been assigned.

I.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 28 Pa.B. 2289 to IRRC and the Chairpersons of the House Professional Licensure Committee and Senate Consumer Protection and Professional Licensure Committee for review and comment. In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of all comments received, as well as other documentation.

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

   This final-form regulation was deemed approved by the House and Senate Committees on February 17, 1999. Under section 5.1(e) of the Regulatory Review Act, the regulation was deemed approved by IRRC on February 18, 1999 under section 5(e) of the Regulatory Review Act.

K.  Public Comment

   Interested persons may obtain information concerning the amendment by writing to Robert Kline, Administrator, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649.

L.  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, 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 at 28 Pa. B. 2289.

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

M.  Order

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

   (a)  The regulations of the Board, 49 Pa. Code Chapter 31, are amended by amending § 31.41 to read as set forth at 28 Pa.B. 2289.

   (b)  The Board shall submit this order and 28 Pa.B. 2289 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 28 Pa.B. 2289 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect on 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 29 Pa.B. 1278 (March 6, 1999).)

   Fiscal Note:  Fiscal Note 16A-577 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 99-404. Filed for public inspection March 12, 1999, 9:00 a.m.]

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