SENATE AMENDED
        PRIOR PRINTER'S NOS. 1667, 1840               PRINTER'S NO. 2458

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1418 Session of 1975


        INTRODUCED BY MESSRS. BENNETT, IRVIS, SHELTON, RIEGER, BUTERA,
           MRS. CRAWFORD AND MR. HEPFORD, JUNE 10, 1975

        SENATOR MESSINGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, NOVEMBER 18, 1975

                                     AN ACT

     1  Amending the act of April 9, 1929 (P.L.177, No.175), entitled
     2     "An act providing for and reorganizing the conduct of the
     3     executive and administrative work of the Commonwealth by the
     4     Executive Department thereof and the administrative
     5     departments, boards, commissions, and officers thereof,
     6     including the boards of trustees of State Normal Schools, or
     7     Teachers Colleges; abolishing, creating, reorganizing or
     8     authorizing the reorganization of certain administrative
     9     departments, boards, and commissions; defining the powers and
    10     duties of the Governor and other executive and administrative
    11     officers, and of the several administrative departments,
    12     boards, commissions, and officers; fixing the salaries of the
    13     Governor, Lieutenant Governor, and certain other executive
    14     and administrative officers; providing for the appointment of
    15     certain administrative officers, and of all deputies and
    16     other assistants and employes in certain departments, boards,
    17     and commissions; and prescribing the manner in which the
    18     number and compensation of the deputies and all other
    19     assistants and employes of certain departments, boards and
    20     commissions shall be determined," further providing for the
    21     membership of the State Board of Examiners of Public
    22     Accountants AND PROVIDING FOR A STATE BOARD OF PHYSICAL        <--
    23     THERAPY EXAMINERS IN THE DEPARTMENT OF STATE.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     SECTION 1.  AS MUCH AS APPLIES TO THE DEPARTMENT OF STATE IN   <--
    27  SECTION 202, ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS


     1  "THE ADMINISTRATIVE CODE OF 1929," REPEALED IN PART MARCH 1,
     2  1974 (P.L.125, NO.31), IS AMENDED TO READ:
     3     SECTION 202.  DEPARTMENTAL ADMINISTRATIVE BOARDS,
     4  COMMISSIONS, AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS,
     5  AND OFFICES ARE HEREBY PLACED AND MADE DEPARTMENTAL
     6  ADMINISTRATIVE BOARDS, COMMISSIONS, OR OFFICES, AS THE CASE MAY
     7  BE, IN THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS MENTIONED IN
     8  THE PRECEDING SECTION, AS FOLLOWS:
     9     IN THE DEPARTMENT OF STATE,
    10         COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,
    11         STATE REAL ESTATE COMMISSION,
    12         STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,
    13         STATE BOARD OF PHYSICAL THERAPY EXAMINERS,
    14         STATE BOARD OF PHARMACY,
    15         STATE DENTAL COUNCIL AND EXAMINING BOARD,
    16         STATE BOARD OF OPTOMETRICAL EXAMINERS,
    17         STATE BOARD OF OSTEOPATHIC EXAMINERS,
    18         STATE BOARD OF NURSE EXAMINERS,
    19         STATE BOARD OF BARBER EXAMINERS,
    20         STATE BOARD OF COSMETOLOGY,
    21         STATE BOARD OF VETERINARY MEDICAL EXAMINERS,
    22         STATE BOARD OF CHIROPRACTIC EXAMINERS,
    23         STATE BOARD OF PODIATRY EXAMINERS,
    24         STATE BOARD OF EXAMINERS OF PUBLIC ACCOUNTANTS,
    25         STATE BOARD OF EXAMINERS OF ARCHITECTS,
    26         STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS,
    27         STATE BOARD OF FUNERAL DIRECTORS,
    28         STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS,
    29         STATE BOARD OF AUCTIONEER EXAMINERS.
    30     * * *
    19750H1418B2458                  - 2 -

     1     ALL OF THE FOREGOING DEPARTMENTAL ADMINISTRATIVE BOARDS AND
     2  COMMISSIONS SHALL BE ORGANIZED OR REORGANIZED AS PROVIDED IN
     3  THIS ACT.
     4     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     5     SECTION 412.1.  BOARD MEMBERSHIP; VACANCIES; EXPENSES;
     6  MEETINGS.--(A) THERE IS HEREBY CREATED THE STATE BOARD OF
     7  PHYSICAL THERAPY EXAMINERS TO ADMINISTER THE ACT OF OCTOBER 10,
     8  1975 (NO.110), KNOWN AS THE "PHYSICAL THERAPY PRACTICE ACT."
     9     (B)  THE COMPOSITION OF THE BOARD SHALL BE FIVE MEMBERS, ALL
    10  OF WHOM SHALL BE RESIDENTS OF PENNSYLVANIA. FOUR MEMBERS SHALL
    11  BE PHYSICAL THERAPISTS LICENSED TO PRACTICE IN THE COMMONWEALTH,
    12  EACH HAVING HAD AT LEAST FIVE YEARS OF EXPERIENCE AS A PHYSICAL
    13  THERAPIST, THREE YEARS OF WHICH MUST HAVE IMMEDIATELY PRECEDED
    14  THE APPOINTMENT TO THE BOARD. THE REMAINING MEMBER SHALL BE A
    15  REPRESENTATIVE OF THE PUBLIC. THE MEMBERS OF THE BOARD SHALL BE
    16  APPOINTED BY THE GOVERNOR. THE PENNSYLVANIA PHYSICAL THERAPY
    17  ASSOCIATION SHALL SUBMIT A LIST OF NAMES TO THE GOVERNOR FOR HIS
    18  CONSIDERATION IN MAKING APPOINTMENTS OR FILLING VACANCIES TO THE
    19  BOARD WITH RESPECT TO THE PHYSICAL THERAPY MEMBERS. THE TERMS OF
    20  THE MEMBERS OF THE BOARD SHALL BE THREE YEARS FROM THE
    21  RESPECTIVE DATE OF THEIR APPOINTMENT AND NO MEMBER SHALL BE
    22  APPOINTED FOR MORE THAN TWO CONSECUTIVE TERMS.
    23     (C)  EACH BOARD MEMBER SHALL RECEIVE ACTUAL TRAVELING, HOTEL,
    24  FOOD AND OTHER NECESSARY EXPENSES INCURRED WHILE ENGAGED IN THE
    25  DISCHARGE OF OFFICIAL DUTIES, AS WELL AS A PER DIEM ALLOWANCE OF
    26  FIFTY DOLLARS ($50).
    27     (D)  THERE SHALL BE FOUR STATED MEETINGS OF THE BOARD EACH
    28  YEAR AT A PLACE WITHIN THE COMMONWEALTH AS DETERMINED BY THE
    29  BOARD FOR THE TRANSACTION OF ITS BUSINESS, BUT THE BOARD MAY
    30  HOLD SPECIAL MEETINGS, AT ITS DISCRETION AND BY VOTE OF THE
    19750H1418B2458                  - 3 -

     1  MAJORITY UPON DUE NOTICE THEREOF TO ALL MEMBERS OF THE BOARD.
     2     (E)  THREE MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
     3     Section 1 3.  Section 421, act of April 9, 1929 (P.L.177,      <--
     4  No.175), known as "The Administrative Code of 1929;" OF THE ACT,  <--
     5  amended May 2, 1949 (P.L.781, No.193), is amended to read:
     6     Section 421.  State Board of Examiners of Public
     7  Accountants.--The State Board of Examiners of Public Accountants
     8  shall consist of [the Superintendent of Public Instruction, and
     9  five members, two of whom shall be appointed from the eastern
    10  part of the State, two from the western part, and one from the
    11  central part. Three of them shall be certified public
    12  accountants, holding degrees of the same from the Commonwealth
    13  of Pennsylvania. The other two shall be practicing attorneys, in
    14  good standing in any of the courts of the Commonwealth.
    15     The terms of the members of the board shall be four years
    16  from the respective dates of their appointment.
    17     Three members of the board shall constitute a quorum.
    18     The board shall select, from among their number, a chairman,
    19  and shall elect a secretary who need not be a member of the
    20  board.
    21     Each member of the board, other than the Superintendent of
    22  Public Instruction, shall receive fifteen dollars per diem, when
    23  actually engaged in the work of the board, and the secretary
    24  shall receive such reasonable compensation as the board shall
    25  determine, with the approval of the Superintendent of Public
    26  Instruction.] eight members, one of whom shall be the
    27  Commissioner of Professional and Occupational Affairs in the
    28  Department of State and the seven remaining members shall be
    29  appointed by the Governor as follows:
    30     (1)  six members shall be certified public accountants who
    19750H1418B2458                  - 4 -

     1  have held certificates of certified public accountant issued by
     2  this Commonwealth for at least ten years immediately preceding
     3  their appointment, all of whom are holders of live permits as
     4  required under the act of May 26, 1947 (P.L.318, No.140), known
     5  as "The C.P.A. Law," and four of whom have been actively engaged
     6  in the practice of public accounting as their principal
     7  occupation at the time of their appointment. Two members shall
     8  be appointed from the eastern part of the State, two from the
     9  western part, and two from the central part. No member of the
    10  board shall be a teacher or instructor in any coaching school
    11  which has as its primary purpose preparation for the examination
    12  under "The C.P.A. Law," or any person who has a financial
    13  interest in such coaching school. The Governor may appoint
    14  members to the board from a list of qualified persons submitted
    15  to him by the Council of the Pennsylvania Institute of Certified
    16  Public Accountants; and
    17     (2)  one member shall be a person representing the public at
    18  large. Such public member shall not be affiliated in any manner
    19  with the profession and shall not hold public office during the
    20  term of membership on the board.
    21     The terms of the members of the board shall be four years
    22  from the respective dates of their appointment. No board member
    23  shall serve more than two consecutive four-year terms and shall
    24  not be eligible for reappointment until after four years have
    25  elapsed.
    26     Five members of the board shall constitute a quorum. The
    27  board shall select, from among their number, a chairman, and
    28  shall elect a secretary who need not be a member of the board.
    29     Section 2 4.  All acts and parts of acts are hereby repealed   <--
    30  in so far as they are inconsistent herewith.
    19750H1418B2458                  - 5 -

     1     Section 3 5.  This act shall take effect immediately.          <--




















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