Pennsylvania Act 1978-124 — BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS FEE ACT

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BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS FEE ACT
Act of Jul. 1, 1978, P.L. 700, No. 124Cl. 63

AN ACT

Enumerating certain fees and charges to be imposed for activities regulated by the Bureau of Professional and Occupational Affairs of the Department of State, providing for the appointment and term of Office of the Commissioner of Professional and Occupational Affairs, creating the Professional Licensure Augmentation Account and providing for its administration and making certain repeals.

TABLE OF CONTENTS

Chapter 1. General Provisions

Section 101. Short title.

Section 102. Construction of act.

Chapter 2. Enumeration of Fees

Section 201. Fee schedules.

Section 202. State Board of Examiners of Architects.

Section 203. State Board of Auctioneer Examiners.

Section 204. State Board of Barber Examiners.

Section 205. State Board of Chiropractic Examiners.

Section 206. State Board of Cosmetology.

Section 207. State Dental Council and Examining Board.

Section 208. State Board of Funeral Directors.

Section 209. State Board of Landscape Architects.

Section 210. State Board of Medical Education and Licensure.

Section 211. State Board of Motor Vehicle Salesmen.

Section 212. State Board of Nurse Examiners.

Section 213. State Board of Examiners of Nursing Home

Administrators.

Section 214. State Board of Optometrical Examiners.

Section 215. State Board of Osteopathic Examiners.

(Repealed)

Section 216. State Board of Pharmacy.

Section 217. State Board of Physical Therapy Examiners.

Section 218. State Board of Podiatry Examiners.

Section 219. State Registration Board for Professional

Engineers.

Section 220. State Board of Examiners of Public Accountants.

Section 221. State Board of Psychologist Examiners.

Section 222. State Real Estate Commission.

Section 223. State Board of Veterinary Medical Examiners.

Section 224. Collection.

Section 225. Late renewal.

Section 226. Duplicate license.

Section 227. Duplicate certificate.

Chapter 3. Disposition of Funds

Section 301. Professional Licensure Augmentation Account.

Section 302. Appropriations from account.

Section 303. Budget preparation.

Section 304. Savings provision.

Section 305. Transitional provisions.

Chapter 4. Repeals

Section 401. Specific repeals.

Section 402. General repeal.

Chapter 5. Miscellaneous Provisions

Section 501. Savings clause.

Section 502. Effective date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

CHAPTER 1

GENERAL PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the "Bureau of Professional and Occupational Affairs Fee Act."

Section 102. Construction of act.

This act contains an enumeration of certain fees charged by various boards and commissions within the Bureau of Professional and Occupational Affairs. Some of the fees contained herein represent increases or decreases from existing charges while others represent the current fees in effect on the effective date of this act. It is the intent of the General Assembly, and this act shall be so construed, that the fees herein set forth shall be those charged by the various agencies on the effective date of this act. Further, the fact that a particular fee currently in effect is not enumerated in this act shall not effect the validity of such fee.

CHAPTER 2

ENUMERATION OF FEES

Section 201. Fee schedules.

The fees for the following activities regulated by the boards and commissions within the Bureau of Professional and Occupational Affairs of the Department of State shall be as specified in this chapter until such time as they are changed by law or by the appropriate agency authorized to make such changes.

Section 202. State Board of Examiners of Architects.

ActivityFee
(1)Examination or certificate of qualifications and registration fee - architect$ 50.00
(2)Examination fee to change from "registered by exemption" to "registered by examination" - Senior Certificate National Council of Architectural Registration Boards10.00
(3)Biennial renewal license fee - architect25.00
(4)Renewal of architect license within one year of expiration10.00
(5)Issuance of new certificate after six-month period following revocation of certificate of qualification to practice architecture10.00
(plus costs of revocation expenses of board)

Section 203. State Board of Auctioneer Examiners.

ActivityFee
(1)Examination fee for auctioneer's license$ 25.00
(2)Issuance of certificate of biennial registration - auctioneer50.00
(3)Examination for apprentice auctioneer's license10.00
(4)Issuance of registration certificate - auctioneer50.00
(5)Apprentice auctioneer's biennial certificate30.00
(6)Biennial auctioneer reregistration50.00
(7)Biennial apprentice auctioneer reregistration30.00
(8)Special license for special auction200.00
(9)Auctioneer license for last six months of two-year period30.00
(10)Apprentice auctioneer for last six months of two-year period30.00

Section 204. State Board of Barber Examiners.

ActivityFee
(1)Examination fee - barber$ 25.00
(2)Examination fee - manager30.00
(3)Examination fee - teacher35.00
(4)Registration fee for teachers25.00
(5)Biennial registration for teachers25.00
(6)Student permit5.00
(7)Biennial renewal of barber certificate5.00
(8)Registration of barber shop10.00
(9)Biennial renewal - barber shop10.00
(10)Registration fee - barber school100.00
(11)Annual renewal - barber school50.00
(12)Registration fee - managers8.00
(13)Biennial renewal - managers8.00

Section 205. State Board of Chiropractic Examiners.

ActivityFee
(1)Standard examination fee$ 40.00
(2)Limited examination fee10.00
(3)Biennial registration fee20.00
(4)Examination upon application of holder of National Board Certificate50.00
(5)Restoration fee50.00
(6)Duplicate registration packet5.00
(7)Certification of grades10.00
(8)Reciprocity50.00

Section 206. State Board of Cosmetology.

ActivityFee
(1)License fee for beauty shop owner$ 25.00
(2)License fee for managers25.00
(3)License fee for teachers25.00
(4)License fee for operators10.00
(5)License fee for manicurists10.00
(6)License fee for students5.00
(7)License fee for apprentices5.00
(8)License fee for school of beauty culture50.00
(9)Biennial renewal fee for shop owner25.00
(10)Biennial renewal fee for managers25.00
(11)Biennial renewal fee for teachers25.00
(12)Biennial renewal fee for operators10.00
(13)Biennial renewal fee for manicurists10.00
(14)Biennial renewal fee for schools of beauty culture50.00
(15)Student permit extension1.00
(16)Examination for managers10.00
(17)Examination for teachers10.00
(18)Examination for operators4.00
(19)Examination for manicurist4.00
(20)Reciprocal license for operators25.00
(21)Temporary permit4.00

Section 207. State Dental Council and Examining Board.

ActivityFee
(1)Biennial registration fee - dentists$ 25.00
(2)Biennial registration fee - dental hygienists10.00
(3)Issuance of dental license25.00
(4)Dental license by criteria approval50.00
(5)Latte biennial registration penalty - dentists5.00
(6)Fee for certification of grades to other states - dentists5.00
(7)Issuance of dental hygiene license25.00
(8)Late biennial registration penalty - dental hygienists2.00
(9)Certification of grades to other states - dental hygienists5.00

Section 208. State Board of Funeral Directors.

ActivityFee
(1)Initial license - director, branch, corporation, estate, widow$ 25.00
(2)Out of state25.00
(3)Biennial renewal - directors20.00
(4)Biennial renewal - corporation, branch20.00
(5)Examination25.00
(6)Registration, supervisor10.00
(7)Annual renewal, supervisor10.00
(8)Annual renewal, widow, estate25.00
(9)Registration, student trainee5.00
(10)Registration, resident intern5.00

Section 209. State Board of Landscape Architects.

ActivityFee
(1)Initial examination and licensure fee for landscape architect$ 75.00
(2)Biennial registration landscape architect license75.00

Section 210. State Board of Medical Education and Licensure.

ActivityFee
(1)Medical examination fee$125.00
(2)Application for graduate training certificate10.00
(3)Licensure by endorsement - medical100.00
(4)Biennial registration - medical doctor75.00
(5)Across the border license50.00
(6)Across the border biennial registration50.00
(7)Examination fee - midwifery50.00
(8)Biennial registration fee - midwifery20.00
(9)Limited license for visiting professor10.00
(10)Druggist therapist renewal5.00
(11)Permanent limited license in the professional category125.00
(12)Renewal for permanent limited license in the professional category75.00

Section 211. State Board of Motor Vehicle Salesmen.

ActivityFee
(1)Motor vehicle salesman license$ 15.00
(2)Biennial renewal of license - motor vehicle salesman15.00
(3)Motor vehicle dealer's license25.00
(4)Biennial renewal of motor vehicle dealer's license25.00
(5)License of dealer's branch office25.00
(6)Biennial renewal of license of dealer's branch office25.00
(7)License for used car lot not adjacent to dealer lot supplemental license - biennial10.00
(8)Manufacturer's license25.00
(9)Biennial renewal manufacturer's license25.00
(10)Distributor's license25.00
(11)Biennial renewal distributor's license25.00
(12)Wholesaler's license25.00
(13)Biennial renewal wholesaler's license25.00
(14)Factory representative license15.00
(15)Biennial renewal factory representative's license15.00
(16)Distributor branch representative license15.00
(17)Biennial renewal distributor branch representative's license15.00
(18)Salesman's change of employer license fee5.00
(19)Motor vehicle manufacturer's branch office license25.00
(20)Biennial renewal manufacturer's branch office license15.00
(21)Motor vehicle wholesaler's branch office license25.00
(22)Biennial renewal motor vehicle wholesaler's branch office license15.00
(23)Biennial renewal used car lot25.00

Section 212. State Board of Nurse Examiners.

ActivityFee
(1)Registered nurse examination and initial licensure$ 24.00
(2)Application for licensure as registered nurse by endorsement24.00
(3)Biennial renewal registration fee - registered nurse10.00
(4)Practical nurse examination and initial licensure18.00
(5)Application for licensure as licensed practical nurse by endorsement18.00
(6)Biennial renewal fee - practical nurse5.00

Section 213. State Board of Examiners of Nursing Home Administrators.

ActivityFee
(1)Examination and initial registration$ 50.00
(2)Biennial renewal registration50.00
(3)Late biennial registration penalty5.00
(4)License by endorsement50.00
(5)Temporary permit50.00
(6)Reissue permit50.00
(7)Reciprocity2.00

Section 214. State Board of Optometrical Examiners.

ActivityFee
(1)Initial examination fee$ 25.00
(2)Biennial renewal registration fee25.00
(3)Late biennial registration penalty5.00
(4)Application for license by optometrists licensed in another state25.00
(5)Certification of grades to another state10.00
(6)Initial fee for branch office license20.00
(7)Biennial renewal fee for branch office license20.00
(8)Application for examination de novo after having twice failed examination25.00

Section 215. State Board of Osteopathic Examiners. (215 repealed Oct. 5, 1978, P.L.1109, No.261)

Section 216. State Board of Pharmacy.

ActivityFee
(1)Application for registration as pharmacy intern$ 10.00
(2)Application for license of pharmacist who has been licensed in another state50.00
(3)Registration and certificate for pharmacist who has been licensed in another state25.00
(4)Application for examination given to pharmacy interns upon graduation from an accredited college of pharmacy25.00
(5)Certificate to practice pharmacy25.00
(6)Biennial renewal fee - pharmacist25.00
(7)Late registration fee - pharmacist:
To be set by board, not to exceed25.00
(8)Registration for new pharmacy50.00
(9)Biennial renewal - pharmacy50.00
(10)Registration for change in ownership and/or change in location of an established pharmacy50.00
(11)Registration for change in name and/or change in managership (pharmacist) within an established pharmacy10.00

Section 217. State Board of Physical Therapy Examiners.

ActivityFee
(1)New application for physical therapist license$ 50.00
(2)Application for physical therapist license by one already licensed as of effective date of new act15.00
(3)Application for licensure by physical therapist by endorsement75.00
(4)Temporary physical therapist license25.00
(5)Biennial renewal physical therapist license25
(6)Restoration fee within three years of failure to renew5.00
(7)Foreign trained physical therapists applying for supervised clinical experience5.00
(8)Certification of grades to another state25.00

Section 218. State Board of Podiatry Examiners.

ActivityFee
(1)Examination fee$ 50.00
(2)Biennial registration fee30.00
(3)License by reciprocity100.00
(4)Duplicate registration packet2.00
(5)Branch office certificate10.00

Section 219. State Registration Board for Professional Engineers.

ActivityFee
(1)Application for registration - professional engineer$ 50.00
(2)Biennial registration - engineer25.00
(3)Biennial registration - surveyor25.00
(4)Application for registration as professional engineer by engineer-in-training25.00
(5)Application for registration as registered surveyor50.00
(6)Application for registration as engineer-in-training25.00
(7)Application for temporary permit to practice engineering25.00
(8)Application for temporary permit to practice surveying25.00
(9)Application for certificate of approval for fictitious name25.00
(10)Application for certificate of approval of corporate name25.00

Section 220. State Board of Examiners of Public Accountants.

ActivityFee
(1)Examination fee for the purpose of becoming certified$ 50.00
(2)Reexamination fee50.00
Less $5 for each passing credit earned in previous exams but in no event less than30.00
(3)Biennial permit fee - not to exceed30.00
(4)Reciprocal application fee50.00
(5)Corporate application fee50.00
(6)Partnership and professional association application fee50.00
(7)Amendment fee - corporations, partnerships and professional associations10.00
(8)Public accountants application50.00

Section 221. State Board of Psychologist Examiners.

ActivityFee
(1)Application for license and examination$ 50.00
(2)Biennial renewal of license10.00
(3)Third examination fee and each subsequent examination - each examination60.00

Section 222. State Real Estate Commission.

ActivityFee
(1)Fee for examination and certification of registration - real estate broker/limited real estate broker$ 25.00
(2)Reexamination fee - real estate broker/limited real estate broker25.00
((2) amended Dec. 12, 1980, P.L.1176, No.217)
(3)Biennial license fee for each additional office - real estate broker/limited real estate broker20.00
(4)Biennial registration fee - real estate broker/limited real estate broker25.00
(5)All certification fees5.00
(6)Application for corporation, partnership, association or additional licenses for brokers of record, partners or officers25.00
(7)All applications for licensure by reciprocity25.00
(8)Examination and certification of registration - real estate salesperson/builder owner salesperson/rental referral agent20.00
((8) amended Dec. 12, 1980, P.L.1176, No.217)
(9)Reexamination - real estate salesperson/builder owner salesperson/rental referral agent20.00
((9) amended Dec. 12, 1980, P.L.1176, No.217)
(10)Biennial registration fee - real estate salesperson/builder owner salesperson/rental referral agent20.00
((10) amended Dec. 12, 1980, P.L.1176, No.217)
(11)Limited real estate salesman license5.00
(12)Biennial registration as limited salesman5.00
(13)Initial branch office license10.00
(14)Biennial renewal - corporation, partnership or association25.00
(15)Biennial renewal - broker of record, associate broker, officer or partner25.00
(16)Real estate schools other than colleges and universities - initial approval50.00
(17)Annual renewal for real estate schools other than colleges and universities25.00

Section 223. State Board of Veterinary Medical Examiners.

ActivityFee
(1)Temporary permit to practice veterinary medicine for applicant for admission to examination (one-half of fee to be applied to examination fee)$ 50.00
(2)Application for examination for licensure to practice veterinary medicine50.00
(3)Reinstatement of license within one year of expiration - reinstatement fee10.00
plus regular biennial fee
(4)Biennial registration fee10.00

Section 224. Collection.

(a) The Bureau of Professional and Occupational Affairs shall collect the fees for which this act provides. However, nothing in this act shall prevent the collection of fees by the bureau which are otherwise authorized and which are not inconsistent with the provisions of this act.

(b) Renewal and miscellaneous fees may be paid by personal check; and, the bureau shall not require payment only by certified check, cashier's check or money order. The appropriate professional or occupational board may suspend the license of any person who submits a personal check which is not honored until the fee is actually paid. The appropriate professional or occupational board shall make such rules and regulations as may be necessary to carry out the provisions of this subsection.

(c) ((c) repealed June 25, 1982, P.L.633, No.181)

(d) ((d) repealed June 25, 1982, P.L.633, No.181)

(224 amended July 10, 1979, P.L.91, No.39)

Section 225. Late renewal.

Where a license is renewed beyond the date specified for renewal by the bureau, a fee of $5 for each month or part of a month beyond the renewal date shall be charged in addition to the prescribed fee.

Section 226. Duplicate license.

The fee for the issuance of a duplicate license shall be $5 in all cases.

Section 227. Duplicate certificate.

The fee for the issuance of a duplicate certificate shall be $10 in all cases.

CHAPTER 3

DISPOSITION OF FUNDS

Section 301. Professional Licensure Augmentation Account.

Beginning July 1, 1978 and thereafter, all moneys collected by the Bureau of Professional and Occupational Affairs shall be paid into the Professional Licensure Augmentation Account which is hereby created and which shall be a special restricted receipts account within the General Fund. Moneys in such account shall be used only for the support of the operation of the bureau and the various regulatory boards.

Section 302. Appropriations from account.

The General Assembly shall annually appropriate for payment of the costs of processing licenses and renewals, for the operation of the various regulatory boards, and for other general costs of bureau operations, moneys available from the Professional Licensure Augmentation Account.

Section 303. Budget preparation.

In preparing the proposed budget for bureau operations for each year, the Commissioner of Professional and Occupational Affairs shall consult with the boards and commissions under his jurisdiction to determine their budgetary requirements for the upcoming year. The commissioner shall submit for each board of the bureau, in addition to any information requested or prescribed by the Secretary of the Budget, Secretary of the Commonwealth, the Chairman of the House Appropriations Committee and the Chairman of the Senate Appropriations Committee, the following information, for the most recent fiscal year:

(1) number of applications for licenses received;

(2) number of new and renewal licenses issued;

(3) number of applicants failing to qualify for licenses;

(4) number of inspections completed;

(5) number of violations cited;

(6) number of violations corrected;

(7) licensees prosecuted;

(8) amount of expenditures incurred, classified in terms of administration, enforcement and investigation;

(9) the amount of fee revenue by type of license issued;

(10) personnel complement filled and vacant; and

(11) number of applications not processed by June 30 of the previous fiscal year.

Section 304. Savings provision.

Nothing in this chapter shall be construed to affect section 30 of the act of September 29, 1961 (P.L.1745, No.708), known as "The Auctioneers' License Act," or section 907 of the act of October 15, 1975 (P.L.390, No.111), known as the "Health Care Services Malpractice Act" or to deny the State Board of Medical Education and Licensure the full use of all fees, charges, and fines it collects.

Section 305. Transitional provisions.

(a) For the remainder of fiscal year 1977-1978, such additional moneys as are attributable to the increased fees provided by this act are hereby appropriated to the Department of State for the operation of the department, but such moneys shall not be spent until such expenditures are approved by the Secretary of the Budget and the Chairmen of the House and Senate Appropriations Committees. If any of such moneys remain unapproved on July 1, 1978, such moneys shall be paid into the Professional Licensure Augmentation Account.

(b) For the purposes of the license period normally ending February 28, 1978 for those licensed pursuant to the act of May 1, 1929 (P.L.1216, No.427), known as the "Real Estate Brokers License Act of one thousand nine hundred and twenty-nine," such licenses shall not expire on February 28, 1978, but shall remain in effect until April 15, 1978. The new license period shall begin at such time. The provisions of this subsection shall apply only to the license period beginning in 1978. Thereafter, the licenses shall expire February 28 as currently provided by law.

(c) The term of the incumbent Commissioner of Professional and Occupational Affairs shall expire 90 days after the effective date of this act. Thereafter the Governor shall nominate in accordance with the provisions of the Constitution of the Commonwealth of Pennsylvania and, by and with the advice and consent of a majority of the members elected to the Senate, appoint the Commissioner of Professional and Occupational Affairs, who shall serve at the pleasure of the Governor.

CHAPTER 4

REPEALS

Section 401. Specific repeals.

(a) The following acts or parts of acts are hereby repealed insofar as they establish fixed fees inconsistent with those fees contained in this act. To the extent such acts or parts of acts authorize the fixing of fees by an agency for which a fee has been set forth in this act, such acts shall not be construed to be repealed or superseded by this act and those provisions authorizing the fixing of fees by any agency shall remain in effect:

Sections 8, 10 and 13, act of March 19, 1909 (P.L.46, No.29), referred to as the Osteopathic Practice Law.

Sections 7 and 10, act of March 30, 1917 (P.L.21, No.10), referred to as the Optometry Practice Law.

Sections 7(b) and (c), 10 and 11(b), act of July 12, 1919 (P.L.933, No.369), referred to as the Architects Registration Law.

Sections 7(b), 8 and 9, act of May 1, 1929 (P.L.1216, No.427), known as the "Real Estate Brokers License Act of one thousand nine hundred and twenty-nine."

Sections 3, 5, 8 and 12, act of June 19, 1931 (P.L.589, No.202), referred to as the Barbers' License Law.

Section 4, act of May 1, 1933 (P.L.216, No.76), known as "The Dental Law."

Section 16, act of May 3, 1933 (P.L.242, No.86), referred to as the Beauty Culture Law.

Section 9, act of May 23, 1945 (P.L.913, No.367), known as the "Professional Engineers Registration Law."

Section 8.2, act of May 26, 1947 (P.L.318, No.140), known as "The C. P. A. Law."

Sections 6 and 10(a), act of May 22, 1951 (P.L.317, No.69), known as "The Professional Nursing Law."

Section 9, act of August 10, 1951 (P.L.1182, No.264), known as the "Chiropractic Registration Act of 1951."

Sections 4, 9 and 10, act of March 2, 1956 (P.L.1206, No.375), known as the "Podiatry Act of 1956."

Sections 5 and 13, act of March 2, 1956 (P.L.1211, No.376), known as the "Practical Nurse Law."

Sections 3 and 4(f), act of September 27, 1961 (P.L.1700, No.699), known as the "Pharmacy Act."

Section 13, act of September 29, 1961 (P.L.1745, No.708), known as "The Auctioneers' License Act."

Sections 6 and 9, act of September 9, 1965 (P.L.499, No.254), known as the "Motor Vehicle Manufacturer's, Dealer's and Salesmen's License Act."

Section 5, act of January 24, 1966 (1965 P.L.1527, No.535), known as the "Landscape Architects' Registration Law."

Sections 6(a), 9(b) and 10, act of June 22, 1970 (P.L.378, No.122), known as the "Nursing Home Administrators License Act."

Sections 6(a)(4) and 15, act of March 23, 1972 (P.L.136, No.52), referred to as the Psychologists License Act.

Section 10, act of December 27, 1974 (P.L.995, No.326), known as the "Veterinary Medicine Practice Act."

Sections 5, 6(d) and (g), and 7, act of October 10, 1975 (P.L.383, No.110), known as the "Physical Therapy Practice Act."

(b) All acts or parts of acts inconsistent with the provisions of this act relating to the collection and payment of fees as herein provided are hereby repealed to the extent of the inconsistency.

Section 402. General repeal.

All other acts or parts of acts inconsistent herewith are hereby repealed to the extent of any inconsistency.

CHAPTER 5

MISCELLANEOUS PROVISIONS

Section 501. Savings clause.

The provisions of this act shall not affect any act done, liability incurred or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of any act or part thereof repealed by this act.

Section 502. Effective date.

This act shall take effect immediately.

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