RULES AND REGULATIONS
STATE BOARD OF NURSING
[ 49 PA. CODE CH. 21 ]
Fee for Approval of Continuing Education Courses for Certified Registered Nurse Practitioners
[38 Pa.B. 3656]
[Saturday, July 5, 2008]
The State Board of Nursing (Board) amends § 21.253 (relating to fees) to read as set forth in Annex A. Section 21.253 is amended by setting an application fee for approval of certified registered nurse practitioner (CRNP) continuing education courses.
Description and Need for the Rulemaking
Section 8.1 of the Professional Nursing Law (act) (63 P. S. § 218.1) requires each CRNP to complete, in the 2 years prior to CRNP certification renewal, at least 30 hours of continuing education approved by the Board. For a CRNP with prescriptive authority, the 30 hours of continuing education must include at least 16 hours in pharmacology. In initially promulgating regulations to implement CRNP continuing education in 2004, the Board preapproved continuing education courses offered by certain providers whom the Board anticipated would develop and offer the vast majority of programs for CRNP continuing education. However, the Board also recognized that other entities would provide CRNP continuing education and provided in that rulemaking that any other provider of CRNP continuing education and individual CRNPs could seek approval of a continuing education course. The rulemaking provided that an applicant for approval of a CRNP continuing education course must pay the required fee; however, the rulemaking did not set the fee.
Section 11.2(a) and (d) of the act (63 P. S. § 221.2(a) and (d)) requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses for enforcement of the act are funded through biennial license renewal fees. The various licensing boards of the Bureau of Professional and Occupational Affairs attempt to recover expenses related to specific services directly through fees based upon the actual cost of providing the service. The Department of State has determined that the cost to review an application for approval of a CRNP continuing education course is $100. To implement the fee necessary for this service of reviewing an application for approval of a CRNP continuing education course offered by a provider that is not on the preapproved provider list, the Board now sets this fee at $100.
Summary of Comments and Responses to Proposed Rulemaking
The Board published notice of proposed rulemaking at 37 Pa.B. 1035 (March 3, 2007) with a 30-day public comment period. The Board received no written comments from members of the public during the public comment period.
On April 18, 2007, the House Professional Licensure Committee (HPLC), as part of its review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1--745.12a), notified the Board that the HPLC had no comments and would take no formal action on the proposed rulemaking until final promulgation. The Board received no comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) as part of its review of proposed rulemaking under the Regulatory Review Act. On May 2, 2007, the Independent Regulatory Review Commission (IRRC), as part of its review of proposed rulemaking under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), notified the Board that IRRC had no objection, comments or recommendations to offer on the proposed rulemaking.
Subsequent to the close of the public comment period, the Board received comments from the American College of Nurse-Midwives (ACNM). ACNM first suggested, to minimize costs to the Board, that the Board form a committee of CRNP educators to review courses on a volunteer basis. Because section 8.1(c) of the act requires the Board to approve courses, the Board cannot delegate this authority. Additionally, the scope of this rulemaking is limited to setting the course approval fee. ACNM also suggested enlarging the scope of preapproved providers. Although the Board considers this to be a valuable suggestion and will seek to implement it in other rulemakings, the scope of this rulemaking is limited to setting the course approval fee. Finally, ACNM suggested lowering the fee to an affordable amount, such as $25, to cover the resources needed to review the course by a Board member. Because the Department of State has determined that the cost to review an application is $100, to cover the costs of providing the service, the Board will set the fee at $100. No amendments were made to the final-form rulemaking in response to these comments.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact and will impose no additional paperwork requirements on the Commonwealth or its political subdivisions. The final-form rulemaking will have a modest fiscal impact on members of the private sector who seek approval of CRNP continuing education courses.
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
The final-form rulemaking is authorized under sections 8.1(c) and 11.2(a) and (d) of the act (63 P. S. §§ 218.1(c) and 221.2(a) and (d)).
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 21, 2007, the Board submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 1035, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC 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 Board has considered all comments received from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on April 7, 2008, the HPLC approved the final-form rulemaking. On June 4, 2008, the SCP/PLC was deemed to have approved the final-form rulemaking. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective June 4, 2008.
Persons who require additional information about the final-form rulemaking should submit inquiries to Ann Steffanic, Administrator, State Board of Nursing, by mail to P. O. Box 2649, Harrisburg, PA 17105-2649, or by e-mail at email@example.com.
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) (71 P. S. §§ 1201 and 1202) and 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) There are no amendments to this final-form rulemaking that would enlarge the scope of proposed rulemaking published at 37 Pa.B. 1035.
(4) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 21, are amended by amending § 21.253 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval 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) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
MARY E. BOWEN, RN, CRNP,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 3461 (June 21, 2008).)
Fiscal Note: Fiscal Note 16A-5128 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 21. STATE BOARD OF NURSING
Subchapter C. CERTIFIED REGISTERED NURSE PRACTIONERS
§ 21.253. Fees.
The following fees are charged by the Board:
Biennial renewal of certification $50
Verification of certification $15
Application for prescriptive authority $50
Each additional collaborative agreement for
prescriptive authority $30
Biennial renewal of prescriptive authority $25
Application for approval of new nursing
Application for approval of CRNP continuing
education course $100
[Pa.B. Doc. No. 08-1254. Filed for public inspection July 3, 2008, 9:00 a.m.]
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