PROPOSED RULEMAKING
STATE BOARD OF
OSTEOPATHIC MEDICINE
[ 49 PA. CODE CH. 25 ]
Fees
[50 Pa.B. 1364]
[Saturday, March 7, 2020]The State Board of Osteopathic Medicine (Board) proposes to amend § 25.231 (relating to schedule of fees) and delete § 25.503 (relating to fees) to read as set forth in Annex A.
This proposed rulemaking would increase application fees to reflect updated costs of processing applications and increase all the Board's biennial renewal fees to ensure its revenue meets or exceeds the Board's current and projected expenses. The Board proposes graduated fee increases for the following applications: osteopathic physicians, short-term camp osteopathic physicians, temporary training licenses or graduate training certificates, physician assistants, supervising osteopathic physicians, acupuncturists and physician acupuncturist, respiratory therapists, athletic trainers, perfusionists, reactivation of perfusionist licenses, temporary graduate perfusionist licenses, temporary provisional perfusionist licenses, genetic counselors, genetic counselor reactivations and temporary provisional genetic counselors. Approximately 2,603 applicants will be impacted annually by the increased application fees.
The Board also proposes graduated biennial renewal fee increases for the following licenses, certificates and registrations: osteopathic physicians, physician assistants, acupuncturists, respiratory therapists, athletic trainers, perfusionists and genetic counselors. There are approximately 12,032 individuals who possess current licenses, certificates and registrations issued by the Board who will be required to pay more to renew their licenses, certifications or registrations.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. The initial increase for application fees will be implemented immediately upon publication. Thereafter, the subsequent graduated increases for application fees will be implemented on a 2-fiscal-year basis on July 1, 2022, and July 1, 2024.
The increased biennial renewal fees will be implemented beginning with the November 1, 2020—October 31, 2022, biennial renewal period for osteopathic physicians, physician assistants and acupuncturists. Thereafter, the subsequent graduated increases for osteopathic physicians, physician assistants and acupuncturists will be implemented with the biennial renewal for November 1, 2022—October 31, 2024, and for November 1, 2024—October 31, 2026.
For respiratory therapists, athletic trainers, perfusionists and genetic counselors, the increased biennial renewal fees will be implemented beginning with the January 1, 2021—December 31, 2022, biennial renewal. Thereafter, the subsequent graduated increases for respiratory therapists, athletic trainers, perfusionists and genetic counselors will be implemented with the biennial renewal for January 1, 2023—December 31, 2024, and for January 1, 2025—December 31, 2026.
Statutory Authority
Section 13.1(a) of the Osteopathic Medical Practice Act (act) (63 P.S. § 271.13a(a)) provides that ''[i]f the revenues raised by fees, fines and civil penalties imposed under this act are not sufficient to meet expenditures over a two-year period, the board shall increase those fees by regulation so that the projected revenues will meet or exceed projected expenditures.'' Under the act, all ''fees, fines and penalties imposed. . . shall be for the exclusive use by the board in carrying out the provisions of this act and shall be annually appropriated for that purpose.'' 63 P.S. § 271.13a(c). Thus, unlike most other professional licensure boards that can rely upon revenue from the Professional Licensure Augmentation Account (see 63 P.S. § 1401-301), the Board is fiscally independent.
Background and Purpose
Under section 13.1(a) of the act, the Board is required to support its operations from the revenue it generates from fees, fines and civil penalties. The act further provides that the Board shall increase fees when expenditures outpace revenue. The majority of general operating expenses of the Board are borne by the licensee population through revenue generated by the biennial renewal of licenses. A small percentage of its revenue comes from application fees, fines and civil penalties.
The Board last increased its biennial renewal fees in July of 2002 when it increased the biennial fee for osteopathic physicians from $140 to $440. In March of 2010, after reassessing the impact of the mandates under the Medical Care Availability and Reduction of Error Act (MCARE Act) (40 P.S. §§ 1303.101—1303.910), the Board decreased the biennial renewal fee for osteopathic physicians to the current fee of $220. Other amendments to the biennial fee schedule include the addition of a $50 biennial fee for perfusionists in Fiscal Year (FY) 2012-2013 and a $75 biennial fee for genetic counselors in FY 2014-2015.
During the Board's August 2016 Board meeting, the Department of State's Bureau of Finance and Operations (BFO) presented its annual report of the Board's income and expenses. Based upon data presented, the BFO recommended that the Board consider an increase in biennial renewal fees.
In determining appropriate fee increases, the Board considered the breakdown of sources for revenue. For example, during the FY 2016-2017 and 2017-2018 biennial period, 86.2% of revenue was received from renewals, 9.7% of revenue was received from applications and 4.1% was received from miscellaneous charges such as letters of good standing and civil penalties. While application fees only make up less than 10% of the Board's revenue, the Board, with the encouragement and support of the Bureau of Professional and Occupational Affairs (Bureau), determined that a re-evaluation of all application fees was appropriate, especially given that the Board has not updated its application fees since January of 2000.
The Board reviewed the fees charged for applications and determined that the current application fees did not accurately reflect the actual cost of processing applications. Accordingly, the Board decided to increase application fees to more accurately reflect the cost of processing applications. Increasing application fees, however, does not produce sufficient revenue to meet or exceed the Board's projected expenditures.
On May 8, 2018, the Board released an exposure draft of a proposed annex reflecting proposed increases for application and biennial renewal fees and invited stakeholders to submit comments. As a result of the Board's exposure draft, two comments were received from stakeholders. Both stakeholders asked about the underlying rational for the increases. As previously discussed, the Board is required to increase fees if projected revenues do not meet or exceed projected expenditures. Of concern to one stakeholder was the increased fee for physician graduate training certificates. Training certificate fees, like all other application fees, have been established and proposed by the Board to cover the cost of processing applications and not to raise revenue to support Board operations generally. Additionally, the Board's proposed training certificate fee is comparable to other states in the Northeast Region. The proposed fee in 2020 ($115) is in line with current fees charged by West Virginia ($100), Massachusetts ($100), New York ($105) and Ohio ($130). Maine ($200) and Maryland ($300) are significantly higher while Delaware ($65), Rhode Island ($65) and Vermont ($65) charge less than $100. One of the stakeholders also suggested staggering the fee schedule over several years. As discussed as follows, the Board has adopted such an approach with the graduated fee increases for both application and biennial renewal fees.
In February and August of 2019, representatives from the BFO presented updated summaries of the Board's revenue and expenses for FYs 2016-2017 and 2017-2018 and the projected revenue and expenses through FY 2027-2028. During FYs 2016-2017 through 2017-2018 the Board received biennial revenue of $2,128,270.14 and incurred expenses of $3,221,243.36 and ended with a remaining balance of $1,712,593.53. For FYs 2018-2019 and 2019-2020, the Board projects receiving biennial revenue of $2,228,122.60 and projects incurring expenses of $3.95 million. At the end of FY 2019-2020, the BFO projects a deficit balance of $4,238.87. The BFO's data demonstrates that the Board will not able to meet expenditures over a 2-year period in FY 2019-2020 and thereafter. Therefore, in addition to increased application fees, the BFO recommended an increase in biennial renewal fees beginning in FY 2020-2021.
As a part of the BFO's fee increase recommendations, the BFO recommended graduated application and biennial renewal fee increases so that the application fee increases are reflective of actual costs to process applications in each biennium and biennial renewal fees coincide more closely with the projected expenses for each biennium. Based upon the financial information presented to the Board on August 14, 2019, and December 11, 2019, the Board adopted graduated fee increases for applications and biennial renewals.
Description of Proposed Amendments
The Board proposes to amend § 25.231 to set forth graduated fee schedules for application fees and biennial renewal fees. In doing so, the Board is deleting the existing fee schedule and adding a new schedule, organized by profession. New subsection (a) lists the graduated schedule of fees for applications for licensure, certification, registration and services, with corresponding fees and effective dates. Fees not associated with a profession are set forth under a miscellaneous fee category. In this proposed rulemaking, to clarify that the acupuncture fee applies to both non-physician and physician applicants, the Board includes a physician acupuncturist fee in the acupuncturist category. For genetic counselors, the Board did not include in the proposed fee schedule the application fee for a noncertified person because applicants were required to submit this type of application by February 20, 2015, in accordance with § 25.904(b)(1) (relating to application for genetic counselor license by noncertified persons). The Board also proposes to add subsection (b), which lists the schedule of fees and corresponding effective dates for biennial renewal. For consistency and clarity, the Board proposes to include the respiratory therapist fees in the fee schedule at § 25.231(a) and (b) and proposes to delete § 25.503.
Under § 25.231(a), application fees would increase on a graduated level for the licenses, registrations and certifications for osteopathic physicians, short-term camp osteopathic physicians, temporary training licenses or graduate training certificates, physician assistants, supervising osteopathic physicians, acupuncturists and physician acupuncturist, respiratory therapists, athletic trainers, perfusionists, reactivation of perfusionist licenses, temporary graduate perfusionist licenses, temporary provisional perfusionist licenses, genetic counselors, genetic counselor reactivation and temporary provisional genetic counselors.
The proposed application fees increase on a graduated basis so that the application fees collected during each biennium reflect the anticipated costs of processing applications for that biennium. These fees are designed to cover the cost to process applications and are borne by individual applicants. Actual cost calculations for application fees are based upon the following formula:
number of minutes to perform the function
×
pay rate for the classification of the personnel
performing the function+
a proportionate share of administrative overhead
Application fees for FY 2020-2021 are based on time study reports created within the Bureau giving each step in the process and the amount of time it takes to process one application. That amount is multiplied by the anticipated application requests for one year (times two since the increases are biennial). Increases which will be effective July 1, 2022, and July 1, 2024, are calculated at a 9.5% increase as pay increases for staff that process applications are 2.5% in July and 2.25% in January or 4.75% annually (9.5% biennially) and the fee is almost entirely dependent upon personnel-related costs.
The proposed biennial renewal fees would also increase on a graduated basis for osteopathic physicians, physician assistants, acupuncturists, respiratory therapists, athletic trainers, perfusionists and genetic counselors. The graduated biennial renewal fee schedule is set forth under § 25.231(b), which lists all renewal fees and corresponding effective dates.
The new fee structure is projected to produce biennial revenues of: $3.997 million in FYs 2020-2021 through 2021-2022, which will allow the Board to meet or exceed its projected expenditures of $3.934 million; $4.749 million in FYs 2022-2023 through 2023-2024, which will allow the Board to meet or exceed its projected expenditures of $4.024 million; and $5.355 million in FYs 2024-2025 through 2025-2026, which will allow the Board to meet or exceed its projected expenditures of $4.102 million.
Proposed Application Fees
As set forth in § 25.231(a), the proposed graduated increases will impact applicants as follows:
Osteopathic Physicians
The Board receives approximately 1,200 osteopathic physician applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($45 to $170) will generate an additional $150,000 in application fees.
FY 21-22: The fee increase will continue to generate an additional $150,000 in application fees.
FY 22-23: The fee increase ($170 to $185) will generate an additional $18,000 in application fees.
FY 23-24: The fee increase will continue to generate an additional $18,000 in application fees.
FY 24-25: The fee increase ($185 to $205) will generate an additional $24,000 in application fees.
FY 25-26: The fee increase will continue to generate an additional $24,000 in application fees.Short-term Camp Physicians
The Board receives approximately 60 short-term camp physician applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($30 to $100) will generate an additional $4,200 in application fees.
FY 21-22: The fee increase will continue to generate an additional $4,200 in application fees.
FY 22-23: The fee increase ($100 to $110) will generate an additional $600 in application fees.
FY 23-24: The fee increase will continue to generate an additional $600 in application fees.
FY 24-25: The fee increase ($110 to $120) will generate an additional $600 in application fees.
FY 25-26: The fee increase will continue to generate an additional $600 in application fees.Temporary Training License or Graduate Training Certificate
The Board receives approximately 600 temporary training license or graduate training certificates per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($30 to $115) will generate an additional $51,000 in application fees.
FY 21-22: The fee increase will continue to generate an additional $51,000 in application fees.
FY 22-23: The fee increase ($115 to $125) will generate an additional $6,000 in application fees.
FY 23-24: The fee increase will continue to generate an additional $6,000 in application fees.
FY 24-25: The fee increase ($125 to $140) will generate an additional $9,000 in application fees.
FY 25-26: The fee increase will continue to generate an additional $9,000 in application fees.Physician Assistants
The Board receives approximately 500 physician assistant applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($30 to $115) will generate an additional $42,500 in application fees.
FY 21-22: The fee increase will continue to generate an additional $42,500 in application fees.
FY 22-23: The fee increase ($115 to $125) will generate an additional $5,000 in application fees.
FY 23-24: The fee increase will continue to generate an additional $5,000 in application fees.
FY 24-25: The fee increase ($125 to $140) will generate an additional $7,500 in application fees.
FY 25-26: The fee increase will continue to generate an additional $7,500 in application fees.Supervising Physicians
The Board receives approximately 51 supervising physician applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($95 to $145) will generate an additional $2,550 in application fees.
FY 21-22: The fee increase will continue to generate an additional $2,550 in application fees.
FY 22-23: The fee increase ($145 to $160) will generate an additional $765 in application fees.
FY 23-24: The fee increase will continue to generate an additional $765 in application fees.
FY 24-25: The fee increase ($160 to $175) will generate an additional $765 in application fees.
FY 25-26: The fee increase will continue to generate an additional $765 in application fees.Acupuncturists and Physician Acupuncturists
The Board receives approximately 13 acupuncturists and physician acupuncturist applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($30 to $100) will generate an additional $910 in application fees.
FY 21-22: The fee increase will continue to generate an additional $910 in application fees.
FY 22-23: The fee increase ($100 to $110) will generate an additional $130 in application fees.
FY 23-24: The fee increase will continue to generate an additional $130 in application fees.
FY 24-25: The fee increase ($110 to $120) will generate an additional $130 in application fees.
FY 25-26: The fee increase will continue to generate an additional $130 in application fees.Respiratory Therapists
The Board receives approximately 50 respiratory therapist applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($30 to $100) will generate an additional $3,500 in application fees.
FY 21-22: The fee increase will continue to generate an additional $3,500 in application fees.
FY 22-23: The fee increase ($100 to $110) will generate an additional $500 in application fees.
FY 23-24: The fee increase will continue to generate an additional $500 in application fees.
FY 24-25: The fee increase ($110 to $120) will generate an additional $500 in application fees.
FY 25-26: The fee increase will continue to generate an additional $500 in application fees.Athletic Trainers
The Board receives approximately 80 athletic trainer applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($20 to $100) will generate an additional $6,400 in application fees.
FY 21-22: The fee increase will continue to generate an additional $6,400 in application fees.
FY 22-23: The fee increase ($100 to $110) will generate an additional $800 in application fees.
FY 23-24: The fee increase will continue to generate an additional $800 in application fees.
FY 24-25: The fee increase ($110 to $120) will generate an additional $800 in application fees.
FY 25-26: The fee increase will continue to generate an additional $800 in application fees.Perfusionists
The Board receives approximately ten perfusionist applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $120) will generate an additional $700 in application fees.
FY 21-22: The fee increase will continue to generate an additional $700 in application fees.
FY 22-23: The fee increase ($120 to $130) will generate an additional $100 in application fees.
FY 23-24: The fee increase will continue to generate an additional $100 in application fees.
FY 24-25: The fee increase ($130 to $145) will generate an additional $150 in application fees.
FY 25-26: The fee increase will continue to generate an additional $150 in application fees.The Board receives approximately five perfusionist reactivation applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $105) will generate an additional $275 in application fees.
FY 21-22: The fee increase will continue to generate an additional $275 in application fees.
FY 22-23: The fee increase ($105 to $115) will generate an additional $50 in application fees.
FY 23-24: The fee increase will continue to generate an additional $50 in application fees.
FY 24-25: The fee increase ($115 to $125) will generate an additional $50 in application fees.
FY 25-26: The fee increase will continue to generate an additional $50 in application fees.The Board receives approximately one temporary graduate perfusionist application per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $120) will generate an additional $70 in application fees.
FY 21-22: The fee increase will continue to generate an additional $70 in application fees.
FY 22-23: The fee increase ($120 to $130) will generate an additional $10 in application fees.
FY 23-24: The fee increase will continue to generate an additional $10 in application fees.
FY 24-25: The fee increase ($130 to $145) will generate an additional $15 in application fees.
FY 25-26: The fee increase will continue to generate an additional $15 in application fees.The Board receives approximately three temporary provisional perfusionist applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($40 to $80) will generate an additional $120 in application fees.
FY 21-22: The fee increase will continue to generate an additional $120 in application fees.
FY 22-23: The fee increase ($80 to $88) will generate an additional $24 in application fees. FY 23-24: The fee increase will continue to generate an additional $24 in application fees.
FY 24-25: The fee increase ($88 to $95) will generate an additional $21 in application fees.
FY 25-26: The fee increase will continue to generate an additional $21 in application fees.Genetic Counselors
The Board receives approximately ten genetic counselor applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $120) will generate an additional $700 in application fees.
FY 21-22: The fee increase will continue to generate an additional $700 in application fees.
FY 22-23: The fee increase ($120 to $130) will generate an additional $100 in application fees.
FY 23-24: The fee increase will continue to generate an additional $100 in application fees.
FY 24-25: The fee increase ($130 to $145) will generate an additional $150 in application fees.
FY 25-26: The fee increase will continue to generate an additional $150 in application fees.The Board receives approximately five genetic counselor reactivation applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $105) will generate an additional $275 in application fees.
FY 21-22: The fee increase will continue to generate an additional $275 in application fees.
FY 22-23: The fee increase ($105 to $115) will generate an additional $50 in application fees.
FY 23-24: The fee increase will continue to generate an additional $50 in application fees.
FY 24-25: The fee increase ($115 to $125) will generate an additional $50 in application fees.
FY 25-26: The fee increase will continue to generate an additional $50 in application fees.The Board receives approximately 15 temporary provisional genetic counselor applications per year. The graduated application fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $90) will generate an additional $600 in application fees.
FY 21-22: The fee increase will continue to generate an additional $600 in application fees.
FY 22-23: The fee increase ($90 to $100) will generate an additional $150 in application fees.
FY 23-24: The fee increase will continue to generate an additional $150 in application fees.
FY 24-25: The fee increase ($100 to $105) will generate an additional $75 in application fees.
FY 25-26: The fee increase will continue to generate an additional $75 in application fees.Total Economic Impact to Applicants
Based upon the previously listed application fee increases, the total economic impact per fiscal year would be as follows:
FY 20-21: $263,800
FY 21-22: $263,800
FY 22-23: $32,279
FY 23-24: $32,279
FY 24-25: $43,806
FY 25-26: $43,806
Total: $679,770Proposed Biennial Renewal Fees
As set forth as follows and in § 25.231(b), the proposed graduated increases will impact licensees, registrants and certificate holders as follows:
Osteopathic Physicians
There are approximately 8,694 osteopathic physicians who will be impacted by the proposed biennial renewal fee increases. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($220 to $350) will generate an additional $1,130,220 in revenue.
FY 22-23: The fee increase ($350 to $425) will generate an additional $652,050 in revenue.
FY 24-25: The fee increase ($425 to $475) will generate an additional $434,700 in revenue.Physician Assistants
There are approximately 2,286 physician assistants who will be impacted by the proposed biennial renewal fee increases. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($10 to $40) will generate an additional $68,580 in revenue.
FY 22-23: The fee increase ($40 to $75) will generate an additional $80,010 in revenue.
FY 24-25: The fee increase ($75 to $80) will generate an additional $11,430 in revenue.Acupuncturists and Physician Acupuncturists
There are approximately 154 acupuncturists and physician acupuncturists who will be impacted by the proposed biennial renewal fee increases. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($25 to $40) will generate an additional $2,310 in revenue.
FY 22-23: The fee increase ($40 to $75) will generate an additional $5,390 in revenue.
FY 24-25: The fee increase ($75 to $80) will generate an additional $770 in revenue.
Respiratory Therapists
There are approximately 549 respiratory therapists who will be impacted by the proposed biennial renewal fee increase. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($25 to $40) will generate an additional $8,235 in revenue.
FY 22-23: The fee increase ($40 to $55) will generate an additional $8,235 in revenue.
FY 24-25: The fee increase ($55 to $60) will generate an additional $2,745 in revenue.Athletic Trainers
There are approximately 296 athletic trainers who will be impacted by the proposed biennial renewal fee increases. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($37 to $50) will generate an additional $3,848 in revenue.
FY 22-23: The fee increase ($50 to $70) will generate an additional $5,920 in revenue.
FY 24-25: The fee increase ($70 to $75) will generate an additional $1,480 in revenue.Perfusionists
There are approximately 34 perfusionists who will be impacted by the proposed biennial renewal fee increases. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($50 to $75) will generate an additional $850 in revenue.
FY 22-23: The fee increase ($75 to $80) will generate an additional $170 in revenue.
FY 24-25: The fee increase ($80 to $85) will generate an additional $170 in revenue.Genetic Counselors
There are approximately 19 genetic counselors who will be impacted by the proposed biennial renewal fee increases. The graduated biennial renewal fee increases will generate additional revenue as follows:
FY 20-21: The fee increase ($75 to $125) will generate an additional $950 in revenue.
FY 22-23: The fee increase ($125 to $155) will generate an additional $570 in revenue.
FY 24-25: The fee increase ($155 to $160) will generate an additional $190 in revenue.Total Economic Impact to Licensees
Based upon the previously listed biennial renewal fee increases, the economic impact would be as follows:
FY 20-21: $1,214,993
FY 22-23: $752,345
FY 24-25: $451,485
Total: $2,418,823Fiscal Impact and Paperwork Requirements
The proposed amendments would increase application and biennial renewal fees. All applicants, licensees, registrants and certificate holders will be required to comply with the regulation. The fees may be paid by applicants, licensees, registrants or certificate holders or may be paid by their employers, should their employers choose to pay these fees. The proposed regulation should have no other fiscal impact on the private sector, the general public or political subdivisions of the Commonwealth.
Approximately 2,603 applicants will be impacted annually by the increased application fees. Specifically, the number of applicants affected are as follows: 1,200 osteopathic physicians; 600 temporary or graduate trainees; 60 short-term camp physicians; 500 physician assistants; 51 supervising physicians; 13 acupuncturists and physician acupuncturists; 10 perfusionists; 5 perfusionists seeking reactivation; 1 temporary graduate perfusionist; 3 temporary provisional perfusionist; 80 athletic trainers; 50 respiratory therapists; 10 genetic counselors; 5 genetic counselors seeking reactivation; and 15 temporary provisional genetic counselors.
Based upon the graduated application fee increases, the total economic impact per fiscal year is as follows:
FY 20-21: $263,800
FY 21-22: $263,800
FY 22-23: $32,279
FY 23-24: $32,279
FY 24-25: $43,806
FY 25-26: $43,806
Total: $679,770There are approximately 12,032 individuals who possess current licenses, registrations and certificates issued by the Board who will be required to pay more to renew their licenses, registrations and certificates. Specifically, the number individuals affected are as follows: 8,694 osteopathic physicians, 2,286 physician assistants, 154 acupuncturists, 34 perfusionists, 296 athletic trainers, 549 respiratory therapists and 19 genetic counselors.
Based upon the previously listed biennial renewal fee increases, the economic impact is as follows:
FY 20-21: $1,214,993
FY 22-23: $752,345
FY 24-25: $451,485
Total: $2,418,823Thus, the total economic impact to applicants, licensees, registrants, certificate holders or employers, if employers choose to pay application or licensing fees, is $3,098,593. This amount reflects the economic impact that will occur between FYs 2020-2021 and 2025-2026. This proposed rulemaking will require the Board to revise its printed and online application forms. The proposed amendments will not create additional paperwork for the regulated community or for the private sector.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned. Additionally, the BFO provides the Board with an annual report detailing the Board's financial condition. In this way, the Board continuously monitors the adequacy of its fee schedule.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on February 21, 2020, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days from the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations and objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to the Regulatory Counsel for the Department of State, State Board of Osteopathic Medicine, P.O. Box 69523, Harrisburg, PA 17106-9523, RA-STRegulatoryCounsel@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference (16A-5334) Fees when submitting comments.
RANDY G. LITMAN, DO,
ChairpersonFiscal Note: 16A-5334. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 25. STATE BOARD OF OSTEOPATHIC MEDICINE
Subchapter F. FEES [An applicant for a license, certificate, registration or service shall pay the following fees at the time of application:
Application for unrestricted license to practice as osteopathic physician—original, reciprocal, boundary or by endorsement $45
Application for short-term camp license as osteopathic physician $30
Temporary training license or graduate training certificate $30
Annual renewal of temporary training license or graduate training certificate $25
Application for physician assistant license $30
Application for supervising physician $95
Uncertified verification of any license, certification or permit $15
Certification of any licenses, certifications, examination grades or hours $25
Application for athletic trainer license $20
Biennial renewal—athletic trainer $37
Biennial renewal—physicians $220
Biennial renewal—physician assistants $10
Penalty for late biennial renewal—per month or part of month $5
Duplicate license or certificate $5
Application for radiology examinations $25
Application for acupuncturist registration $30
Biennial renewal—acupuncturists $25
Application for acupuncturist supervisor registration $30
Application for perfusionist license $50
Biennial renewal of perfusionist license $50
Application for reactivation of perfusionist license $50
Application for temporary graduate perfusionist license $50
Application for temporary provisional perfusionist license $40
Application for genetic counselor license $50
Application for noncertified genetic counselor license $100
Application for reactivation of genetic counselor license $50
Application for temporary provisional genetic counselor license $50
Biennial renewal—genetic counselors $75]
(a) An applicant for a license, certificate, registration or service shall pay the following fees at the time of application: (Editor's Note: The blank in the first column of effective dates refers to the date of publication of the final-form rulemaking in the Pennsylvania Bulletin).
(a) An applicant for a license, certificate, registration or service shall pay the following fees at the time of application: (Editor's Note: The blank in the first column of effective dates refers to the date of publication of the final-form rulemaking in the Pennsylvania Bulletin).
Effective
______Effective
July 1, 2022Effective
July 1, 2024(1) Osteopathic Physician Application for unrestricted license to practice as an osteopathic physician—original, reciprocal, boundary or by endorsement $170 $185 $205 Application for short-term camp license as an osteopathic physician $100 $110 $120 Temporary training license or graduate training certificate $115 $125 $140 Annual renewal of temporary training license or graduate training certificate $25 $25 $25 (2) Physician Assistant Application for physician assistant license $115 $125 $140 Application for supervising physician $145 $160 $175 (3) Acupuncturist Application for acupuncturist registration $100 $110 $120 Application for physician acupuncturist $100 $110 $120 Application for supervisor acupuncturist registration $30 $30 $30 (4) Respiratory Therapist Temporary permit $30 $30 $30 Initial license application $100 $110 $120 Licensure examination $100 $100 $100 Reexamination $60 $60 $60 (5) Athletic Trainer Application for license $100 $110 $120 (6) Perfusionist Application for perfusionist license $120 $130 $145 Application for reactivation of license $105 $115 $125 Application for temporary graduate license $120 $130 $145 Application for temporary provisional license $80 $88 $95 (7) Genetic Counselor Application for license $120 $130 $145 Application for reactivation of license $105 $115 $125 Application for temporary provisional license $90 $100 $105 (8) Miscellaneous Penalty for late biennial renewal—per month or part of month $5 $5 $5 Uncertified verification of any license, certification or permit $15 $15 $15 Certification of any licenses, certifications, examination grades or hours $25 $25 $25 Duplicate license or certificate $5 $5 $5 Application for radiology examinations $25 $25 $25 (b) An applicant for biennial renewal of a license, certificate or registration shall pay the following fees:
November 1, 2020—October 31, 2022
Biennial Renewal FeeNovember 1, 2022—October 31, 2024
Biennial Renewal FeeNovember 1, 2024—October 31, 2026
Biennial Renewal Fee and thereafter(1) Osteopathic Physician Biennial renewal $350 $425 $475 (2) Physician Assistant Biennial renewal $40 $75 $80 (3) Acupuncturist Biennial renewal $40 $75 $80 Biennial renewal—
physician acupuncturist$40 $75 $80
January 1, 2021—December 31, 2022
Biennial Renewal FeeJanuary 1, 2023—December 31, 2024
Biennial Renewal FeeJanuary 1, 2025—December 31, 2026
Biennial Renewal
Fee and thereafter(4) Respiratory Therapist Biennial renewal $40 $55 $60 (5) Athletic Trainer Biennial renewal $50 $70 $75 (6) Perfusionist Biennial renewal $75 $80 $85 (7) Genetic Counselor Biennial renewal $125 $155 $160
Subchapter K. RESPIRATORY THERAPISTS § 25.503. [Fees] (Reserved).
[The following is the schedule of fees charged by the Board:
(1) Temporary permit $30
(2) Initial license application $30
(3) Licensure examination $100
(4) Reexamination $60
(5) Biennial renewal of licensure $25]
[Pa.B. Doc. No. 20-322. Filed for public inspection March 6, 2020, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
