PRIOR PRINTER'S NOS. 1837, 2447, 2552,        PRINTER'S NO. 2927
        2667

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1528 Session of 1977


        INTRODUCED BY MESSRS. IRVIS, BENNETT, POLITE, WARGO, OLIVER,
           RENWICK, WHITE, RHODES, BARBER, A. K. HUTCHINSON, JOHNSON,
           CAPUTO, MRS. KELLY, MESSRS. BRANDT AND REED, JULY 25, 1977

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 5, 1978

                                     AN ACT

     1  Enumerating certain fees and charges to be imposed for
     2     activities regulated by the Bureau of Professional and
     3     Occupational Affairs of the Department of State, creating the
     4     Professional Licensure Augmentation Account and providing for
     5     its administration and making certain repeals.

     6                         TABLE OF CONTENTS
     7  Chapter 1.  General Provisions
     8     Section 101.  Short title.
     9     Section 102.  Construction of act.
    10  Chapter 2.  Enumeration of Fees
    11     Section 201.  Fee schedules.
    12     Section 202.  State Board of Examiners of Architects.
    13     Section 203.  State Board of Auctioneer Examiners.
    14     Section 204.  State Board of Barber Examiners.
    15     Section 205.  State Board of Chiropractic Examiners.
    16     Section 206.  State Board of Cosmetology.
    17     Section 207.  State Dental Council and Examining Board.
    18     Section 208.  State Board of Funeral Directors.

     1     Section 209.  State Board of Landscape Architects.
     2     Section 210.  State Board of Medical Education and Licensure.
     3     Section 211.  State Board of Motor Vehicle Salesmen.
     4     Section 212.  State Board of Nurse Examiners.
     5     Section 213.  State Board of Examiners of Nursing Home
     6                   Administrators.
     7     Section 214.  State Board of Optometrical Examiners.
     8     Section 215.  State Board of Osteopathic Examiners.
     9     Section 216.  State Board of Pharmacy.
    10     Section 217.  State Board of Physical Therapy Examiners.
    11     Section 218.  State Board of Podiatry Examiners.
    12     Section 219.  State Registration Board for Professional
    13                   Engineers.
    14     Section 220.  State Board of Examiners of Public Accountants.
    15     Section 221.  State Board of Psychologist Examiners.
    16     Section 222.  State Real Estate Commission.
    17     Section 223.  State Board of Veterinary Medical Examiners.
    18     Section 224.  Collection.
    19     Section 225.  Late renewal.
    20     Section 226.  Duplicate license.
    21     Section 227.  Duplicate certificate.
    22  Chapter 3.  Disposition of Funds
    23     Section 301.  Professional Licensure Augmentation Account.
    24     Section 302.  Appropriations from account.
    25     Section 303.  Budget preparation.
    26     Section 304.  Savings provision.
    27     Section 305.  Transitional provisions.
    28  CHAPTER 4.  REVIEW OF BOARDS AND COMMISSIONS.                     <--
    29     SECTION 401.  TERMINATION OF BOARDS, COMMISSIONS OF THE
    30                   BUREAU OF PROFESSIONAL AND OCCUPATIONAL
    19770H1528B2927                  - 2 -

     1                   AFFAIRS.
     2     SECTION 402.  TERMS OF OFFICE FOR MEMBERS OF BOARDS,
     3                   COUNCILS, COMMISSIONS AND AGENCIES.
     4     SECTION 403.  TRANSITIONAL TERMINATION PROVISIONS.
     5     SECTION 404.  CONTINUATION OR REESTABLISHMENT OF BOARDS,
     6                   COUNCILS, COMMISSIONS AND AGENCIES.
     7  Chapter 4. 5.  Repeals                                            <--
     8     Section 401. 501.  Specific repeals.                           <--
     9     Section 402. 502.  General repeal.                             <--
    10  Chapter 5. 6.  Miscellaneous Provisions                           <--
    11     Section 501. 601  Savings clause.                              <--
    12     Section 502. 602.  Effective date.                             <--
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15                             CHAPTER 1
    16                         GENERAL PROVISIONS
    17  Section 101.  Short title.
    18     This act shall be known and may be cited as the "Bureau of
    19  Professional and Occupational Affairs Fee Act."
    20  Section 102.  Construction of act.
    21     This act contains an enumeration of certain fees charged by
    22  various boards and commissions within the Bureau of Professional
    23  and Occupational Affairs. Some of the fees contained herein
    24  represent increases or decreases from existing charges while
    25  others represent the current fees in effect on the effective
    26  date of this act. It is the intent of the General Assembly, and
    27  this act shall be so construed, that the fees herein set forth
    28  shall be those charged by the various agencies on the effective
    29  date of this act; however, nothing contained herein shall be      <--
    30  construed to limit any agency's authority to change these fees
    19770H1528B2927                  - 3 -

     1  or set new fees if such agency has been granted such authority
     2  prior or subsequent to the passage of this act. Further, the
     3  fact that a particular fee currently in effect is not enumerated
     4  in this act shall not effect the validity of such fee.
     5                             CHAPTER 2
     6                        ENUMERATION OF FEES
     7  Section 201.  Fee schedules.
     8     The fees for the following activities regulated by the boards
     9  and commissions within the Bureau of Professional and
    10  Occupational Affairs of the Department of State shall be as
    11  specified in this chapter until such time as they are changed by
    12  law or by the appropriate agency authorized to make such
    13  changes.
    14  Section 202.  State Board of Examiners of Architects.
    15                     Activity                                Fee
    16   (1)  Examination or certificate of qualifications
    17        and registration fee - architect...........       $ 50.00
    18   (2)  Examination fee to change from "registered
    19        by exemption" to "registered by examination"
    20        - Senior Certificate National Council of
    21        Architectural Registration Boards..........         10.00
    22   (3)  Biennial renewal license fee - architect...         25.00
    23   (4)  Renewal of architect license within one
    24        year of expiration.........................         10.00
    25   (5)  Issuance of new certificate after six month
    26        period following revocation of certificate
    27        of qualification to practice architecture..         10.00
    28                                                     (plus costs
    29                                                     of revocation
    30                                                     expenses of
    19770H1528B2927                  - 4 -

     1                                                     board)
     2  Section 203.  State Board of Auctioneer Examiners.
     3                     Activity                                Fee
     4   (1)  Examination fee for auctioneer's license...       $ 25.00
     5   (2)  Issuance of certificate of biennial regis-
     6        tration - auctioneer.......................         50.00
     7   (3)  Examination for apprentice auctioneer's
     8        license....................................         10.00
     9   (4)  Issuance of registration certificate -
    10        auctioneer.................................         50.00
    11   (5)  Apprentice auctioneer's biennial certifi-
    12        cate.......................................         30.00
    13   (6)  Biennial auctioneer reregistration.........         50.00
    14   (7)  Biennial apprentice auctioneer re-
    15        registration...............................         30.00
    16   (8)  Special license for special auction........        100.00   <--
    17                                                           200.00
    18   (9)  Auctioneer license for last six months of
    19        two-year period............................         30.00
    20  (10)  Apprentice auctioneer for last six months
    21        of two-year period.........................         30.00
    22  Section 204.  State Board of Barber Examiners.
    23                     Activity                                Fee
    24   (1)  Examination fee - barber...................       $ 25.00
    25   (2)  Examination fee - manager..................         30.00
    26   (3)  Examination fee - teacher..................         35.00
    27   (4)  Registration fee for teachers..............         25.00
    28   (5)  Biennial registration for teachers.........         25.00
    29   (6)  Student permit.............................          5.00
    30   (7)  Biennial renewal of barber certificate.....          5.00
    19770H1528B2927                  - 5 -

     1   (8)  Registration of barber shop................         10.00
     2   (9)  Biennial renewal-barber shop...............         10.00
     3  (10)  Registration fee-barber school...........          100.00
     4  (11)  Annual renewal - barber school...........           50.00
     5  (12)  Registration fee - managers................          8.00
     6  (13)  Biennial renewal - managers................          8.00
     7  Section 205.  State Board of Chiropractic Examiners.
     8                     Activity                                Fee
     9   (1)  Standard examination fee...................       $ 40.00
    10   (2)  Limited examination fee....................         10.00
    11   (3)  Biennial registration fee..................         20.00
    12   (4)  Examination upon application of holder
    13        of National Board Certificate..............         50.00
    14   (5)  Restoration fee............................         50.00
    15   (6)  Duplicate registration packet..............          5.00
    16   (7)  Certification of grades....................         10.00
    17   (8)  Reciprocity................................         50.00
    18  Section 206.  State Board of Cosmetology.
    19                     Activity                                Fee
    20   (1)  License fee for beauty shop owner..........       $ 25.00
    21   (2)  License fee for managers...................         25.00
    22   (3)  License fee for teachers...................         25.00
    23   (4)  License fee for operators..................         10.00
    24   (5)  License fee for manicurists................         10.00
    25   (6)  License fee for students...................          5.00
    26   (7)  License fee for apprentices................          5.00
    27   (8)  License fee for school of beauty culture...         50.00
    28   (9)  Biennial renewal fee for shop owner........         25.00
    29  (10)  Biennial renewal fee for managers..........         25.00
    30  (11)  Biennial renewal fee for teachers..........         25.00
    19770H1528B2927                  - 6 -

     1  (12)  Biennial renewal fee for operators.........         10.00
     2  (13)  Biennial renewal fee for manicurists.......         10.00
     3  (14)  Biennial renewal fee for schools of beauty
     4        culture....................................         50.00
     5  (15)  Student permit extension...................          1.00
     6  (16)  Examination for managers...................         10.00
     7  (17)  Examination for teachers...................         10.00
     8  (18)  Examination for operators..................          4.00
     9  (19)  Examination for manicurist.................          4.00
    10  (20)  Reciprocal license for operators...........         25.00
    11  (21)  Temporary permit...........................          4.00
    12  Section 207.  State Dental Council and Examining Board.
    13                     Activity                                Fee
    14   (1)  Biennial registration fee - dentists.......       $ 25.00
    15   (2)  Biennial registration fee - dental
    16        hygienists.................................         10.00
    17   (3)  Issuance of dental license.................         25.00
    18   (4)  Dental license by criteria approval........         50.00
    19   (5)  Late biennial registration penalty -
    20        dentists...................................          5.00
    21   (6)  Fee for certification of grades to other
    22        states - dentists..........................          5.00
    23   (7)  Issuance of dental hygiene license.........         25.00
    24   (8)  Late biennial registration penalty - dental
    25        hygienists.................................          2.00
    26   (9)  Certification of grades to other states -
    27        dental hygienists..........................          5.00
    28  Section 208.  State Board of Funeral Directors.
    29                     Activity                                Fee
    30   (1)  Initial license - director, branch,
    19770H1528B2927                  - 7 -

     1        corporation, estate, widow.................       $ 25.00
     2   (2)  Out of state...............................         25.00
     3   (3)  Biennial renewal - directors...............         20.00
     4   (4)  Biennial renewal - corporation, branch.....         20.00
     5   (5)  Examination................................         25.00
     6   (6)  Registration, supervisor...................         10.00
     7   (7)  Annual renewal, supervisor.................         10.00
     8   (8)  Annual renewal, widow, estate..............         25.00
     9   (9)  Registration, student trainee..............          5.00
    10  (10)  Registration, resident intern..............          5.00
    11  Section 209.  State Board of Landscape Architects.
    12                     Activity                                Fee
    13   (1)  Initial examination and licensure fee for
    14        landscape architect........................       $ 75.00
    15   (2)  Biennial registration landscape architect
    16        license....................................         75.00
    17  Section 210.  State Board of Medical Education and Licensure.
    18                     Activity                                Fee
    19   (1)  Medical examination fee....................       $125.00
    20   (2)  Application for graduate training
    21        certificate................................         10.00
    22   (3)  Licensure by endorsement - medical.........        100.00
    23   (4)  Biennial registration - medical doctor.....         75.00
    24   (5)  Across the border license..................         50.00
    25   (6)  Across the border biennial registration....         50.00
    26   (7)  Examination fee - midwifery................         50.00
    27   (8)  Biennial registration fee - midwifery......         20.00
    28   (9)  Limited license for visiting professor.....         10.00
    29  (10)  Druggist therapist renewal.................          5.00
    30  (11)  Permanent limited license in the profession-
    19770H1528B2927                  - 8 -

     1        al category................................        125.00
     2  (12)  Renewal for permanent limited license in the
     3        professional category......................         75.00
     4  Section 211.  State Board of Motor Vehicle Salesmen.
     5                     Activity                                Fee
     6   (1)  Motor vehicle salesman license.............       $ 15.00
     7   (2)  Biennial renewal of license - motor vehicle
     8        salesman...................................         15.00
     9   (3)  Motor vehicle dealer's license.............         25.00
    10   (4)  Biennial renewal of motor vehicle dealer's
    11        license....................................         25.00
    12   (5)  License of dealer's branch office..........         25.00
    13   (6)  Biennial renewal of license of dealer's
    14        branch office..............................         25.00
    15   (7)  License for used car lot not adjacent to
    16        dealer lot supplemental license - biennial.         10.00
    17   (8)  Manufacturer's license.....................         25.00
    18   (9)  Biennial renewal manufacturer's license....         25.00
    19  (10)  Distributor's license......................         25.00
    20  (11)  Biennial renewal distributor's license.....         25.00
    21  (12)  Wholesaler's license.......................         25.00
    22  (13)  Biennial renewal wholesaler's license......         25.00
    23  (14)  Factory representative license.............         15.00
    24  (15)  Biennial renewal factory representative's
    25        license....................................         15.00
    26  (16)  Distributor branch representative license..         15.00
    27  (17)  Biennial renewal distributor branch rep-
    28        resentative's license......................         15.00
    29  (18)  Salesman's change of employer license fee..          5.00
    30  (19)  Motor vehicle manufacturer's branch office
    19770H1528B2927                  - 9 -

     1        license....................................         25.00
     2  (20)  Biennial renewal manufacturer's branch
     3        office license.............................         15.00
     4  (21)  Motor vehicle wholesaler's branch office
     5        license....................................         25.00
     6  (22)  Biennial renewal motor vehicle wholesaler's
     7        branch office license......................         15.00
     8  (23)  Biennial renewal used car lot..............         25.00
     9  Section 212.  State Board of Nurse Examiners.
    10                     Activity                                Fee
    11   (1)  Registered nurse examination and initial
    12        licensure..................................       $ 24.00
    13   (2)  Application for licensure as registered
    14        nurse by endorsement.......................         24.00
    15   (3)  Biennial renewal registration fee - regis-
    16        tered nurse................................         10.00
    17   (4)  Practical nurse examination and initial
    18        licensure..................................         18.00
    19   (5)  Application for licensure as licensed
    20        practical nurse by endorsement.............         18.00
    21   (6)  Biennial renewal fee - practical nurse.....          5.00
    22  Section 213.  State Board of Examiners of Nursing Home
    23                Administrators.
    24                     Activity                                Fee
    25   (1)  Examination and initial registration.......       $ 50.00
    26   (2)  Biennial renewal registration..............         50.00
    27   (3)  Late biennial registration penalty.........          5.00
    28   (4)  License by endorsement.....................         50.00
    29   (5)  Temporary permit...........................         50.00
    30   (6)  Reissue permit.............................         50.00
    19770H1528B2927                 - 10 -

     1   (7)  Reciprocity................................          2.00
     2  Section 214.  State Board of Optometrical Examiners.
     3                     Activity                                Fee
     4   (1)  Initial examination fee....................       $ 25.00
     5   (2)  Biennial renewal registration fee..........         25.00
     6   (3)  Late biennial registration penalty.........          5.00
     7   (4)  Application for license by optometrists
     8        licensed in another state..................         25.00
     9   (5)  Certification of grades to another state...         10.00
    10   (6)  Initial fee for branch office license......         20.00
    11   (7)  Biennial renewal fee for branch office
    12        license....................................         20.00
    13   (8)  Application for examination de novo after
    14        having twice failed examination............         25.00
    15  Section 215.  State Board of Osteopathic Examiners.
    16                     Activity                                Fee
    17   (1)  Application for examination for osteopath's
    18        license.....................................      $ 40.00
    19   (2)  Application for examination de novo after
    20        having twice failed examination.............        25.00
    21   (3)  Certification granting right to practice
    22        osteopathy while licensee is enrolled in
    23        residency training program..................        25.00
    24   (4)  Pennsylvania licensing of osteopath licensed
    25        in another state............................        50.00
    26   (5)  Biennial registration fee..................         25.00
    27   (6)  Penalty for failure to register biennially:
    28        To be set by board:
    29         (i)  For first offense, penalty not to
    30              exceed...............................         25.00
    19770H1528B2927                 - 11 -

     1         (ii)  For second or subsequent offense,
     2               penalty not to exceed...............         50.00
     3   (7)  Certification of transfer of Pennsylvania
     4        osteopath's license to another state.......         10.00
     5  Section 216.  State Board of Pharmacy.
     6                     Activity                                Fee
     7   (1)  Application for registration as pharmacy
     8        intern.................................           $ 10.00
     9   (2)  Application for license of pharmacist who
    10        has been licensed in another state.........         50.00
    11   (3)  Registration and certificate for pharmacist
    12        who has been licensed in another state.....         25.00
    13   (4)  Application for examination given to
    14        pharmacy interns upon graduation from an
    15        accredited college of pharmacy.............         25.00
    16   (5)  Certificate to practice pharmacy...........         25.00
    17   (6)  Biennial renewal fee - pharmacist..........         25.00
    18   (7)  Late registration fee - pharmacist:
    19        To be set by board, not to exceed.........          25.00
    20   (8)  Registration for new pharmacy..............         50.00
    21   (9)  Biennial renewal - pharmacy................         50.00
    22  (10)  Registration for change in ownership and/or
    23        change in location of an established
    24        pharmacy...................................         50.00
    25  (11)  Registration for change in name and/or
    26        change in managership (pharmacist) within an
    27        established pharmacy.......................         10.00
    28  Section 217.  State Board of Physical Therapy Examiners.
    29                     Activity                                Fee
    30   (1)  New application for physical therapist
    19770H1528B2927                 - 12 -

     1        license....................................       $ 50.00
     2   (2)  Application for physical therapist license
     3        by one already licensed as of effective
     4        date of new act............................         15.00
     5   (3)  Application for licensure by physical
     6        therapist by endorsement...................         75.00
     7   (4)  Temporary physical therapist license.......         25.00
     8   (5)  Biennial renewal physical therapist
     9        license....................................         25.00
    10   (6)  Restoration fee within three years of
    11        failure to renew...........................          5.00
    12   (7)  Foreign trained physical therapists apply-
    13        ing for supervised clinical experience.....          5.00
    14   (8)  Certification of grades to another state...         25.00
    15  Section 218.  State Board of Podiatry Examiners.
    16                     Activity                                Fee
    17   (1)  Examination fee............................       $ 50.00
    18   (2)  Biennial registration fee..................         30.00
    19   (3)  License by reciprocity.....................        100.00
    20   (4)  Duplicate registration packet..............          2.00
    21   (5)  Branch office certificate..................         10.00
    22  Section 219.  State Registration Board for Professional
    23                Engineers.
    24                     Activity                                Fee
    25   (1)  Application for registration - professional
    26        engineer...................................       $ 50.00
    27   (2)  Biennial registration - engineer...........         25.00
    28   (3)  Biennial registration - surveyor...........         25.00
    29   (4)  Application for registration as professional
    30        engineer by engineer-in-training...........         25.00
    19770H1528B2927                 - 13 -

     1   (5)  Application for registration as registered
     2        surveyor...................................         50.00
     3   (6)  Application for registration as
     4        engineer-in-training.......................         25.00
     5   (7)  Application for temporary permit to practice
     6        engineering................................         25.00
     7   (8)  Application for temporary permit to practice
     8        surveying..................................         25.00
     9   (9)  Application for certificate of approval for
    10        fictitious name............................         25.00
    11  (10)  Application for certificate of approval of
    12        corporate name.............................         25.00
    13  Section 220.  State Board of Examiners of Public Accountants.
    14                     Activity                                Fee
    15   (1)  Examination fee for the purpose of becoming
    16        certified..................................       $ 50.00
    17   (2)  Reexamination fee..........................         50.00
    18        Less $5 for each passing credit earned in
    19        previous exams but in no event less than...         30.00
    20   (3)  Biennial permit fee - not to exceed........         30.00
    21   (4)  Reciprocal application fee.................         50.00
    22   (5)  Corporate application fee..................         50.00
    23   (6)  Partnership and professional association
    24        application fee............................         50.00
    25   (7)  Amendment fee - corporations, partnerships
    26        and professional associations..............         10.00
    27   (8)  Public accountants application.............         50.00
    28  Section 221.  State Board of Psychologist Examiners.
    29                     Activity                                Fee
    30   (1)  Application for license and examination....       $ 50.00
    19770H1528B2927                 - 14 -

     1   (2)  Biennial renewal of license................         10.00
     2   (3)  Third examination fee and each subsequent
     3        examination - each examination.............         60.00
     4  Section 222.  State Real Estate Commission.
     5                     Activity                                Fee
     6   (1)  Fee for examination and certification of
     7        registration - real estate broker/limited
     8        real estate broker.........................       $ 25.00
     9   (2)  Reexamination fee - real estate broker/
    10        limited real estate broker.................         10.00
    11   (3)  Biennial license fee for each additional
    12        office - real estate broker/limited real
    13        estate broker..............................         20.00
    14   (4)  Biennial registration fee - real estate
    15        broker/limited real estate broker..........         25.00
    16   (5)  All certification fees.....................          5.00
    17   (6)  Application for corporation, partnership,
    18        association or additional licenses for
    19        brokers of record, partners or officers....         25.00
    20   (7)  All applications for licensure by
    21        reciprocity................................         25.00
    22   (8)  Examination and certification of registra-
    23        tion - real estate salesman/builder owner
    24        salesman...................................         20.00
    25   (9)  Reexamination - real estate salesman/
    26        builder owner salesman.....................         10.00
    27  (10)  Biennial registration fee - real estate
    28        salesman/builder owner salesman...........          20.00
    29  (11)  Limited real estate salesman license.......          5.00
    30  (12)  Biennial registration as limited salesman..          5.00
    19770H1528B2927                 - 15 -

     1  (13)  Initial branch office license..............         10.00
     2  (14)  Biennial renewal - corporation, partnership
     3        or association.............................         25.00
     4  (15)  Biennial renewal - broker of record,
     5        associate broker, officer or partner.......         25.00
     6  (16)  Real estate schools other than colleges
     7        and universities - initial approval........         50.00
     8  (17)  Annual renewal for real estate schools
     9        other than colleges and universities.......         25.00
    10  Section 223.  State Board of Veterinary Medical Examiners.
    11                     Activity                                Fee
    12   (1)  Temporary permit to practice veterinary
    13        medicine for applicant for admission to
    14        examination (one-half of fee to be applied
    15        to examination fee)........................       $ 50.00
    16   (2)  Application for examination for licensure
    17        to practice veterinary medicine............         50.00
    18   (3)  Reinstatement of license within one year
    19        of expiration - reinstatement fee..........         10.00
    20                                                     plus regular
    21                                                     biennial fee
    22   (4)  Biennial registration fee..................         10.00
    23  Section 224.  Collection.
    24     The Bureau of Professional and Occupational Affairs shall
    25  collect the fees for which this act provides. However, nothing
    26  in this act shall prevent the collection of fees by the bureau
    27  which are otherwise authorized and which are not inconsistent
    28  with the provisions of this act.
    29  Section 225.  Late renewal.
    30     Where a license is renewed beyond the date specified for
    19770H1528B2927                 - 16 -

     1  renewal by the bureau, a fee of $5 for each month or part of a
     2  month beyond the renewal date shall be charged in addition to
     3  the prescribed fee.
     4  Section 226.  Duplicate license.
     5     The fee for the issuance of a duplicate license shall be $5
     6  in all cases.
     7  Section 227.  Duplicate certificate.
     8     The fee for the issuance of a duplicate certificate shall be
     9  $10 in all cases.
    10                             CHAPTER 3
    11                        DISPOSITION OF FUNDS
    12  Section 301.  Professional Licensure Augmentation Account.
    13     Beginning July 1, 1978 and thereafter, all moneys collected
    14  by the Bureau of Professional and Occupational Affairs shall be
    15  paid into the Professional Licensure Augmentation Account which
    16  is hereby created and which shall be a special restricted
    17  receipts account within the General Fund. Moneys in such account
    18  shall be used only for the support of the operation of the
    19  bureau and the various regulatory boards. Beginning July 1, 1978  <--
    20  and thereafter as much of the moneys in the account as are
    21  necessary for the operation of the bureau and the various
    22  regulatory boards are hereby appropriated to the bureau for its
    23  use.
    24  SECTION 302.  APPROPRIATIONS FROM ACCOUNT.                        <--
    25     THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FOR PAYMENT
    26  OF THE COSTS OF PROCESSING LICENSES AND RENEWALS, FOR THE
    27  OPERATION OF THE VARIOUS REGULATORY BOARDS, AND FOR OTHER
    28  GENERAL COSTS OF BUREAU OPERATIONS, MONEYS AVAILABLE FROM THE
    29  PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT.
    30  Section 302. 303.  Budget preparation.                            <--
    19770H1528B2927                 - 17 -

     1     In preparing the proposed budget for bureau operations for
     2  each year, the Commissioner of Professional and Occupational
     3  Affairs shall consult with the boards and commissions under his
     4  jurisdiction to determine their budgetary requirements for the
     5  upcoming year. THE COMMISSIONER SHALL SUBMIT FOR EACH BOARD OF    <--
     6  THE BUREAU, IN ADDITION TO ANY INFORMATION REQUESTED OR
     7  PRESCRIBED BY THE SECRETARY OF THE BUDGET, SECRETARY OF THE
     8  COMMONWEALTH, THE CHAIRMAN OF THE HOUSE APPROPRIATIONS COMMITTEE
     9  AND THE CHAIRMAN OF THE SENATE APPROPRIATIONS COMMITTEE, THE
    10  FOLLOWING INFORMATION, FOR THE MOST RECENT FISCAL YEAR:
    11     (1)  NUMBER OF APPLICATIONS FOR LICENSES RECEIVED;
    12     (2)  NUMBER OF NEW AND RENEWAL LICENSES ISSUED;
    13     (3)  NUMBER OF APPLICANTS FAILING TO QUALIFY FOR LICENSES;
    14     (4)  NUMBER OF INSPECTIONS COMPLETED;
    15     (5)  NUMBER OF VIOLATIONS CITED;
    16     (6)  NUMBER OF VIOLATIONS CORRECTED;
    17     (7)  LICENSEES PROSECUTED;
    18     (8)  AMOUNT OF EXPENDITURES INCURRED, CLASSIFIED IN TERMS
    19          OF ADMINISTRATION, ENFORCEMENT AND INVESTIGATION;
    20     (9)  THE AMOUNT OF FEE REVENUE BY TYPE OF LICENSE ISSUED.
    21    (10)  PERSONNEL COMPLEMENT FILLED AND VACANT; AND
    22    (11)  NUMBER OF APPLICATIONS NOT PROCESSED BY JUNE 30 OF THE
    23          PREVIOUS FISCAL YEAR.
    24  Section 303. 304.  Savings provision.                             <--
    25     Nothing in this chapter shall be construed to affect section
    26  30 of the act of September 29, 1961 (P.L.1745, No.708), known as
    27  "The Auctioneers' License Act," or section 907 of the act of
    28  October 15, 1975 (P.L.390, No.111), known as the "Health Care
    29  Services Malpractice Act."
    30  Section 304. 305.  Transitional provisions.                       <--
    19770H1528B2927                 - 18 -

     1     (a)  For the remainder of fiscal year 1977-1978, such
     2  additional moneys as are attributable to the increased fees
     3  provided by this act are hereby appropriated to the Department
     4  of State for the operation of the department, but such moneys
     5  shall not be spent until such expenditures are approved by the
     6  Secretary of the Budget and the Chairmen of the House and Senate
     7  Appropriations Committees. If any of such moneys remain
     8  unapproved on July 1, 1978, such moneys shall be paid into the
     9  Professional Licensure Augmentation Account.
    10     (b)  For the purposes of the license period normally ending
    11  February 28, 1978 for those licensed pursuant to the act of May
    12  1, 1929 (P.L.1216, No.427), known as the "Real Estate Brokers
    13  License Act of one thousand nine hundred and twenty-nine," such
    14  licenses shall not expire on February 28, 1978, but shall remain
    15  in effect until April 15, 1978. The new license period shall
    16  begin at such time. The provisions of this subsection shall
    17  apply only to the license period beginning in 1978. Thereafter,
    18  the licenses shall expire February 28 as currently provided by
    19  law.
    20                             CHAPTER 4                              <--
    21                  REVIEW OF BOARDS AND COMMISSIONS
    22  SECTION 401.  TERMINATION OF BOARDS, COMMISSIONS OF THE BUREAU
    23                OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS.
    24     (A)  SCHEDULE.--UNLESS SPECIFICALLY AUTHORIZED TO CONTINUE IN
    25  BEING AND FUNCTION BY ACT OF THE GENERAL ASSEMBLY SUBSEQUENT TO
    26  THE EFFECTIVE DATE OF THIS ACT, EVERY BOARD AND COMMISSION
    27  HERETOFORE CREATED BY LAW, OR BY RESOLUTION ADOPTED JOINTLY BY
    28  THE HOUSE OF REPRESENTATIVES AND THE SENATE OR BY EITHER OF
    29  THEM, SHALL WIND UP ITS AFFAIRS AND GO OUT OF EXISTENCE
    30  ACCORDING TO THE FOLLOWING SCHEDULE:
    19770H1528B2927                 - 19 -

     1         (1)  ON JULY 1, 1979:
     2              STATE BOARD OF MOTOR VEHICLE MANUFACTURERS, DEALERS
     3                 AND SALESMEN
     4              THE STATE REGISTRATION BOARD FOR PROFESSIONAL
     5                 ENGINEERS
     6              THE STATE BOARD FOR THE EXAMINATION OF PUBLIC
     7                 ACCOUNTANTS
     8              THE STATE BOARD OF THE EXAMINATION OF ARCHITECTS
     9              THE STATE BOARD OF THE EXAMINATION OF LANDSCAPE
    10                 ARCHITECTS
    11              THE STATE REAL ESTATE COMMISSION
    12              THE STATE BOARD OF PHARMACY
    13         (2)  ON JULY 1, 1980:
    14              THE STATE BOARD OF COSMETOLOGY
    15              THE STATE BOARD OF BARBER EXAMINERS
    16              THE STATE BOARD OF FUNERAL DIRECTORS
    17              THE STATE BOARD OF THE EXAMINATION OF AUCTIONEER
    18                 EXAMINERS
    19              THE STATE BOARD OF NURSING HOME EXAMINERS
    20              THE STATE BOARD OF PODIATRY EXAMINERS
    21              THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS
    22         (3)  ON JULY 1, 1981:
    23              THE STATE BOARD OF MEDICAL EDUCATION AND LICENSURE
    24              THE STATE BOARD OF NURSE EXAMINERS
    25              THE STATE DENTAL COUNCIL AND EXAMINING BOARD
    26              THE STATE BOARD OF OPTOMETRICAL EXAMINERS
    27              THE PENNSYLVANIA BOARD OF PSYCHOLOGIST EXAMINERS
    28              THE STATE BOARD OF THE EXAMINATION OF CHIROPRACTIC
    29                 EXAMINERS
    30              THE STATE BOARD OF OSTEOPATHIC EXAMINERS
    19770H1528B2927                 - 20 -

     1              THE STATE BOARD OF PHYSICAL THERAPIST EXAMINERS
     2     (B)  GENERAL PROVISION.--ANY AGENCY OMITTED FOR THE ABOVE
     3  LIST WOULD BE SUBJECT TO PROVISIONS OF THIS ACT.
     4     (C)  TERMS.--THE TERMS OF OFFICERS AND MEMBERS OF ANY
     5  REESTABLISHED OR RE-CREATED BOARDS, COMMISSIONS OR AGENCIES
     6  SHALL NOT BE ALTERED IN ANY MANNER WHATSOEVER AT THE TIME OF
     7  THEIR REESTABLISHMENT OR RE-CREATION OR AT ANY OTHER TIME.
     8     (D)  REVIEW.--REVIEWS BY THE COMMITTEE OF REFERENCE IN THE
     9  GENERAL ASSEMBLY SHALL BE COMPLETED AT LEAST THREE MONTHS BEFORE
    10  THE EXPIRATION OF THE AGENCY CONCERNED.
    11  SECTION 402.  TERMS OF OFFICE FOR MEMBERS OF BOARDS, COUNCILS,
    12                COMMISSIONS AND AGENCIES.
    13     NOTWITHSTANDING ANY LAW PRESENTLY OR HEREAFTER ENACTED,
    14  EXCEPT AS TO SUCH BOARDS, COMMISSIONS, AGENCIES OR COUNCILS
    15  REESTABLISHED OR RE-CREATED BY ACT OF ASSEMBLY HEREAFTER
    16  APPROVED, THE TERMS OF ALL OFFICERS OF ANY BOARD, COMMISSION,
    17  COUNCIL OR AGENCY SHALL END ON THE SAME DATE AS THE AGENCY SET
    18  FORTH IN SECTION 401.
    19  SECTION 403.  TRANSITIONAL TERMINATION PROVISIONS.
    20     WHENEVER ANY PROGRAM OR AGENCY IS TERMINATED OR ABOLISHED
    21  PURSUANT TO THIS SECTION, THE FOLLOWING PROVISIONS SHALL APPLY:
    22         (1)  UPON TERMINATION, EACH BOARD, COUNCIL, COMMISSION OR
    23     AGENCY SHALL CONTINUE IN EXISTENCE UNTIL JULY 1 OF THE NEXT
    24     SUCCEEDING YEAR FOR THE PURPOSE OF WINDING UP ITS AFFAIRS.
    25     TERMINATION SHALL NOT REDUCE OR OTHERWISE LIMIT THE POWERS OR
    26     AUTHORITY OF EACH RESPECTIVE AGENCY, BOARD, COUNCIL OR
    27     COMMISSION DURING THAT PERIOD. UPON THE EXPIRATION OF THE ONE
    28     YEAR AFTER TERMINATION, EACH RESPECTIVE AGENCY, BOARD,
    29     COUNCIL OR COMMISSION SHALL CEASE ALL ACTIVITIES.
    30         (2)  THIS ACT SHALL NOT CAUSE THE DISMISSAL OF ANY CLAIM
    19770H1528B2927                 - 21 -

     1     OR RIGHT OF A CITIZEN AGAINST ANY SUCH AGENCY, BOARD, COUNCIL
     2     OR COMMISSION OR ANY CLAIM OR RIGHT OF ANY AGENCY, BOARD,
     3     COUNCIL OR COMMISSION TERMINATED PURSUANT TO THIS ACT WHICH
     4     IS SUBJECT TO LITIGATION.
     5         (3)  THE GENERAL ASSEMBLY SHALL NOT TERMINATE THE
     6     EXISTENCE OR POWER OF ANY AGENCY WHICH IS CREATED AS A RESULT
     7     OF AN INTERSTATE COMPACT EXCEPT IN ACCORDANCE WITH THE
     8     PROVISIONS OF THE COMPACT FOR TERMINATION OF MEMBERSHIP.
     9         (4)  WHENEVER ANY AGENCY IS TERMINATED PURSUANT TO THE
    10     PROVISIONS OF THIS ACT, THE COMMONWEALTH SHALL ASSUME FULL
    11     RESPONSIBILITY FOR THE PAYMENT OF ANY OUTSTANDING BONDED
    12     INDEBTEDNESS OF THE TERMINATED AGENCY.
    13  SECTION 404.  CONTINUATION OR REESTABLISHMENT OF BOARDS,
    14                COUNCILS, COMMISSIONS AND AGENCIES.
    15     THE LIFE OF ANY BOARD, COUNCIL, COMMISSION OR AGENCY
    16  SCHEDULED FOR TERMINATION UNDER THIS SECTION MAY BE CONTINUED OR
    17  REESTABLISHED BY THE GENERAL ASSEMBLY FOR PERIODS NOT TO EXCEED
    18  SIX YEARS.
    19     ANY NEWLY CREATED COMMISSION, BOARD, COUNCIL OR AGENCY SHALL
    20  HAVE A LIFE NOT TO EXCEED SIX YEARS AND SHALL BE SUBJECT TO THE
    21  PROVISIONS OF THIS ACT.
    22                            CHAPTER 4 5                             <--
    23                              REPEALS
    24  Section 401. 501.  Specific repeals.                              <--
    25     (a)  The following acts or parts of acts are hereby repealed
    26  insofar as they establish fixed fees inconsistent with those
    27  fees contained in this act. To the extent such acts or parts of
    28  acts authorize the fixing of fees by an agency for which a fee
    29  has been set forth in this act, such acts shall not be construed
    30  to be repealed or superseded by this act and those provisions
    19770H1528B2927                 - 22 -

     1  authorizing the fixing of fees by any agency shall remain in
     2  effect:
     3     Sections 8, 10 and 13, act of March 19, 1909 (P.L.46, No.29),
     4  referred to as the Osteopathic Practice Law.
     5     Sections 7 and 10, act of March 30, 1917 (P.L.21, No.10),
     6  referred to as the Optometry Practice Law.
     7     Sections 7(b) and (c), 10 and 11(b), act of July 12, 1919
     8  (P.L.933, No.369), referred to as the Architects Registration
     9  Law.
    10     Sections 7(b), 8 and 9, act of May 1, 1929 (P.L.1216,
    11  No.427), known as the "Real Estate Brokers License Act of one
    12  thousand nine hundred and twenty-nine."
    13     Sections 3, 5, 8 and 12, act of June 19, 1931 (P.L.589,
    14  No.202), referred to as the Barbers' License Law.
    15     Section 4, act of May 1, 1933 (P.L.216, No.76), known as "The
    16  Dental Law."
    17     Section 16, act of May 3, 1933 (P.L.242, No.86), referred to
    18  as the Beauty Culture Law.
    19     Section 9, act of May 23, 1945 (P.L.913, No.367), known as
    20  the "Professional Engineers Registration Law."
    21     Section 8.2, act of May 26, 1947 (P.L.318, NO.140), known as
    22  "The C. P. A. Law."
    23     Sections 6 and 10(a), act of May 22, 1951 (P.L.317, No.69),
    24  known as "The Professional Nursing Law."
    25     Section 9, act of August 10, 1951 (P.L.1182, No.264), known
    26  as the "Chiropractic Registration Act of 1951."
    27     Sections 4, 9 and 10, act of March 2, 1956 (P.L.1206,
    28  No.375), known as the "Podiatry Act of 1956."
    29     Sections 5 and 13, act of March 2, 1956 (P.L.1211, No.376),
    30  known as the "Practical Nurse Law."
    19770H1528B2927                 - 23 -

     1     Sections 3 and 4(f), act of September 27, 1961 (P.L.1700,
     2  No.699), known as the "Pharmacy Act."
     3     Section 13, act of September 29, 1961 (P.L.1745, No.708),
     4  known as "The Auctioneers' License Act."
     5     Sections 6 and 9, act of September 9, 1965 (P.L.499, No.254),
     6  known as the "Motor Vehicle Manufacturer's, Dealer's and
     7  Salesmen's License Act."
     8     Section 5, act of January 24, 1966 (1965 P.L.1527, No.535),
     9  known as the "Landscape Architects' Registration Law."
    10     Sections 6(a), 9(b) and 10, act of June 22, 1970 (P.L.378,
    11  NO.122), known as the "Nursing Home Administrators License Act."
    12     Sections 6(a)(4) and 15, act of March 23, 1972 (P.L.136,
    13  No.52), referred to as the Psychologists License Act.
    14     Section 10, act of December 27, 1974 (P.L.995, No.326), known
    15  as the "Veterinary Medicine Practice Act."
    16     Sections 5, 6(d) and (g), and 7, act of October 10, 1975
    17  (P.L.383, No.110), known as the "Physical Therapy Practice Act."
    18     (b)  All acts or parts of acts inconsistent with the
    19  provisions of this act relating to the collection and payment of
    20  fees as herein provided are hereby repealed to the extent of the
    21  inconsistency.
    22  Section 402. 502.  General repeal.                                <--
    23     All other acts or parts of acts inconsistent herewith are
    24  hereby repealed to the extent of any inconsistency.
    25                            CHAPTER 5 6                             <--
    26                      MISCELLANEOUS PROVISIONS
    27  Section 501. 601.  Savings clause.                                <--
    28     The provisions of this act shall not affect any act done,
    29  liability incurred or right accrued or vested, or affect any
    30  suit or prosecution pending or to be instituted to enforce any
    19770H1528B2927                 - 24 -

     1  right or penalty or punish any offense under the authority of
     2  any act or part thereof repealed by this act.
     3  Section 502. 602.  Effective date.                                <--
     4     This act shall take effect immediately.


















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