SENATE AMENDED PRIOR PRINTER'S NOS. 1837, 2447, 2552, PRINTER'S NO. 3207 2667, 2927
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, GOEBEL AND REED, JULY 25, 1977
SENATOR McKINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, MAY 23, 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.
1 Section 208. State Board of Funeral Directors. 2 Section 209. State Board of Landscape Architects. 3 Section 210. State Board of Medical Education and Licensure. 4 Section 211. State Board of Motor Vehicle Salesmen. 5 Section 212. State Board of Nurse Examiners. 6 Section 213. State Board of Examiners of Nursing Home 7 Administrators. 8 Section 214. State Board of Optometrical Examiners. 9 Section 215. State Board of Osteopathic Examiners. 10 Section 216. State Board of Pharmacy. 11 Section 217. State Board of Physical Therapy Examiners. 12 Section 218. State Board of Podiatry Examiners. 13 Section 219. State Registration Board for Professional 14 Engineers. 15 Section 220. State Board of Examiners of Public Accountants. 16 Section 221. State Board of Psychologist Examiners. 17 Section 222. State Real Estate Commission. 18 Section 223. State Board of Veterinary Medical Examiners. 19 Section 224. Collection. 20 Section 225. Late renewal. 21 Section 226. Duplicate license. 22 Section 227. Duplicate certificate. 23 Chapter 3. Disposition of Funds 24 Section 301. Professional Licensure Augmentation Account. 25 Section 302. Appropriations from account. 26 Section 303. Budget preparation. 27 Section 304. Savings provision. 28 Section 305. Transitional provisions. 29 Chapter 4. Review of boards and commissions. <-- 30 Section 401. Termination of boards, commissions of the 19770H1528B3207 - 2 -
1 Bureau of Professional and Occupational 2 Affairs. 3 Section 402. Terms of office for members of boards, 4 councils, commissions and agencies. 5 Section 403. Transitional termination provisions. 6 Section 404. Continuation or reestablishment of boards, 7 councils, commissions and agencies. 8 Chapter 5. 4. Repeals <-- 9 Section 501. 401. Specific repeals. <-- 10 Section 502. 402. General repeal. <-- 11 Chapter 6. 5. Miscellaneous Provisions <-- 12 Section 601. 501. Savings clause. <-- 13 Section 602. 502. Effective date. <-- 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 CHAPTER 1 17 GENERAL PROVISIONS 18 Section 101. Short title. 19 This act shall be known and may be cited as the "Bureau of 20 Professional and Occupational Affairs Fee Act." 21 Section 102. Construction of act. 22 This act contains an enumeration of certain fees charged by 23 various boards and commissions within the Bureau of Professional 24 and Occupational Affairs. Some of the fees contained herein 25 represent increases or decreases from existing charges while 26 others represent the current fees in effect on the effective 27 date of this act. It is the intent of the General Assembly, and 28 this act shall be so construed, that the fees herein set forth 29 shall be those charged by the various agencies on the effective 30 date of this act. Further, the fact that a particular fee 19770H1528B3207 - 3 -
1 currently in effect is not enumerated in this act shall not 2 effect the validity of such fee. 3 CHAPTER 2 4 ENUMERATION OF FEES 5 Section 201. Fee schedules. 6 The fees for the following activities regulated by the boards 7 and commissions within the Bureau of Professional and 8 Occupational Affairs of the Department of State shall be as 9 specified in this chapter until such time as they are changed by 10 law or by the appropriate agency authorized to make such 11 changes. 12 Section 202. State Board of Examiners of Architects. 13 Activity Fee 14 (1) Examination or certificate of qualifications 15 and registration fee - architect........... $ 50.00 16 (2) Examination fee to change from "registered 17 by exemption" to "registered by examination" 18 - Senior Certificate National Council of 19 Architectural Registration Boards.......... 10.00 20 (3) Biennial renewal license fee - architect... 25.00 21 (4) Renewal of architect license within one 22 year of expiration......................... 10.00 23 (5) Issuance of new certificate after six month 24 period following revocation of certificate 25 of qualification to practice architecture.. 10.00 26 (plus costs 27 of revocation 28 expenses of 29 board) 30 Section 203. State Board of Auctioneer Examiners. 19770H1528B3207 - 4 -
1 Activity Fee 2 (1) Examination fee for auctioneer's license... $ 25.00 3 (2) Issuance of certificate of biennial regis- 4 tration - auctioneer....................... 50.00 5 (3) Examination for apprentice auctioneer's 6 license.................................... 10.00 7 (4) Issuance of registration certificate - 8 auctioneer................................. 50.00 9 (5) Apprentice auctioneer's biennial certifi- 10 cate....................................... 30.00 11 (6) Biennial auctioneer reregistration......... 50.00 12 (7) Biennial apprentice auctioneer re- 13 registration............................... 30.00 14 (8) Special license for special auction........ 200.00 15 (9) Auctioneer license for last six months of 16 two-year period............................ 30.00 17 (10) Apprentice auctioneer for last six months 18 of two-year period......................... 30.00 19 Section 204. State Board of Barber Examiners. 20 Activity Fee 21 (1) Examination fee - barber................... $ 25.00 22 (2) Examination fee - manager.................. 30.00 23 (3) Examination fee - teacher.................. 35.00 24 (4) Registration fee for teachers.............. 25.00 25 (5) Biennial registration for teachers......... 25.00 26 (6) Student permit............................. 5.00 27 (7) Biennial renewal of barber certificate..... 5.00 28 (8) Registration of barber shop................ 10.00 29 (9) Biennial renewal-barber shop............... 10.00 30 (10) Registration fee-barber school........... 100.00 19770H1528B3207 - 5 -
1 (11) Annual renewal - barber school........... 50.00 2 (12) Registration fee - managers................ 8.00 3 (13) Biennial renewal - managers................ 8.00 4 Section 205. State Board of Chiropractic Examiners. 5 Activity Fee 6 (1) Standard examination fee................... $ 40.00 7 (2) Limited examination fee.................... 10.00 8 (3) Biennial registration fee.................. 20.00 9 (4) Examination upon application of holder 10 of National Board Certificate.............. 50.00 11 (5) Restoration fee............................ 50.00 12 (6) Duplicate registration packet.............. 5.00 13 (7) Certification of grades.................... 10.00 14 (8) Reciprocity................................ 50.00 15 Section 206. State Board of Cosmetology. 16 Activity Fee 17 (1) License fee for beauty shop owner.......... $ 25.00 18 (2) License fee for managers................... 25.00 19 (3) License fee for teachers................... 25.00 20 (4) License fee for operators.................. 10.00 21 (5) License fee for manicurists................ 10.00 22 (6) License fee for students................... 5.00 23 (7) License fee for apprentices................ 5.00 24 (8) License fee for school of beauty culture... 50.00 25 (9) Biennial renewal fee for shop owner........ 25.00 26 (10) Biennial renewal fee for managers.......... 25.00 27 (11) Biennial renewal fee for teachers.......... 25.00 28 (12) Biennial renewal fee for operators......... 10.00 29 (13) Biennial renewal fee for manicurists....... 10.00 30 (14) Biennial renewal fee for schools of beauty 19770H1528B3207 - 6 -
1 culture.................................... 50.00 2 (15) Student permit extension................... 1.00 3 (16) Examination for managers................... 10.00 4 (17) Examination for teachers................... 10.00 5 (18) Examination for operators.................. 4.00 6 (19) Examination for manicurist................. 4.00 7 (20) Reciprocal license for operators........... 25.00 8 (21) Temporary permit........................... 4.00 9 Section 207. State Dental Council and Examining Board. 10 Activity Fee 11 (1) Biennial registration fee - dentists....... $ 25.00 12 (2) Biennial registration fee - dental 13 hygienists................................. 10.00 14 (3) Issuance of dental license................. 25.00 15 (4) Dental license by criteria approval........ 50.00 16 (5) Late biennial registration penalty - 17 dentists................................... 5.00 18 (6) Fee for certification of grades to other 19 states - dentists.......................... 5.00 20 (7) Issuance of dental hygiene license......... 25.00 21 (8) Late biennial registration penalty - dental 22 hygienists................................. 2.00 23 (9) Certification of grades to other states - 24 dental hygienists.......................... 5.00 25 Section 208. State Board of Funeral Directors. 26 Activity Fee 27 (1) Initial license - director, branch, 28 corporation, estate, widow................. $ 25.00 29 (2) Out of state............................... 25.00 30 (3) Biennial renewal - directors............... 20.00 19770H1528B3207 - 7 -
1 (4) Biennial renewal - corporation, branch..... 20.00 2 (5) Examination................................ 25.00 3 (6) Registration, supervisor................... 10.00 4 (7) Annual renewal, supervisor................. 10.00 5 (8) Annual renewal, widow, estate.............. 25.00 6 (9) Registration, student trainee.............. 5.00 7 (10) Registration, resident intern.............. 5.00 8 Section 209. State Board of Landscape Architects. 9 Activity Fee 10 (1) Initial examination and licensure fee for 11 landscape architect........................ $ 75.00 12 (2) Biennial registration landscape architect 13 license.................................... 75.00 14 Section 210. State Board of Medical Education and Licensure. 15 Activity Fee 16 (1) Medical examination fee.................... $125.00 17 (2) Application for graduate training 18 certificate................................ 10.00 19 (3) Licensure by endorsement - medical......... 100.00 20 (4) Biennial registration - medical doctor..... 75.00 21 (5) Across the border license.................. 50.00 22 (6) Across the border biennial registration.... 50.00 23 (7) Examination fee - midwifery................ 50.00 24 (8) Biennial registration fee - midwifery...... 20.00 25 (9) Limited license for visiting professor..... 10.00 26 (10) Druggist therapist renewal................. 5.00 27 (11) Permanent limited license in the profession- 28 al category................................ 125.00 29 (12) Renewal for permanent limited license in the 30 professional category...................... 75.00 19770H1528B3207 - 8 -
1 Section 211. State Board of Motor Vehicle Salesmen. 2 Activity Fee 3 (1) Motor vehicle salesman license............. $ 15.00 4 (2) Biennial renewal of license - motor vehicle 5 salesman................................... 15.00 6 (3) Motor vehicle dealer's license............. 25.00 7 (4) Biennial renewal of motor vehicle dealer's 8 license.................................... 25.00 9 (5) License of dealer's branch office.......... 25.00 10 (6) Biennial renewal of license of dealer's 11 branch office.............................. 25.00 12 (7) License for used car lot not adjacent to 13 dealer lot supplemental license - biennial. 10.00 14 (8) Manufacturer's license..................... 25.00 15 (9) Biennial renewal manufacturer's license.... 25.00 16 (10) Distributor's license...................... 25.00 17 (11) Biennial renewal distributor's license..... 25.00 18 (12) Wholesaler's license....................... 25.00 19 (13) Biennial renewal wholesaler's license...... 25.00 20 (14) Factory representative license............. 15.00 21 (15) Biennial renewal factory representative's 22 license.................................... 15.00 23 (16) Distributor branch representative license.. 15.00 24 (17) Biennial renewal distributor branch rep- 25 resentative's license...................... 15.00 26 (18) Salesman's change of employer license fee.. 5.00 27 (19) Motor vehicle manufacturer's branch office 28 license.................................... 25.00 29 (20) Biennial renewal manufacturer's branch 30 office license............................. 15.00 19770H1528B3207 - 9 -
1 (21) Motor vehicle wholesaler's branch office 2 license.................................... 25.00 3 (22) Biennial renewal motor vehicle wholesaler's 4 branch office license...................... 15.00 5 (23) Biennial renewal used car lot.............. 25.00 6 Section 212. State Board of Nurse Examiners. 7 Activity Fee 8 (1) Registered nurse examination and initial 9 licensure.................................. $ 24.00 10 (2) Application for licensure as registered 11 nurse by endorsement....................... 24.00 12 (3) Biennial renewal registration fee - regis- 13 tered nurse................................ 10.00 14 (4) Practical nurse examination and initial 15 licensure.................................. 18.00 16 (5) Application for licensure as licensed 17 practical nurse by endorsement............. 18.00 18 (6) Biennial renewal fee - practical nurse..... 5.00 19 Section 213. State Board of Examiners of Nursing Home 20 Administrators. 21 Activity Fee 22 (1) Examination and initial registration....... $ 50.00 23 (2) Biennial renewal registration.............. 50.00 24 (3) Late biennial registration penalty......... 5.00 25 (4) License by endorsement..................... 50.00 26 (5) Temporary permit........................... 50.00 27 (6) Reissue permit............................. 50.00 28 (7) Reciprocity................................ 2.00 29 Section 214. State Board of Optometrical Examiners. 30 Activity Fee 19770H1528B3207 - 10 -
1 (1) Initial examination fee.................... $ 25.00 2 (2) Biennial renewal registration fee.......... 25.00 3 (3) Late biennial registration penalty......... 5.00 4 (4) Application for license by optometrists 5 licensed in another state.................. 25.00 6 (5) Certification of grades to another state... 10.00 7 (6) Initial fee for branch office license...... 20.00 8 (7) Biennial renewal fee for branch office 9 license.................................... 20.00 10 (8) Application for examination de novo after 11 having twice failed examination............ 25.00 12 Section 215. State Board of Osteopathic Examiners. 13 Activity Fee 14 (1) Application for examination for osteopath's 15 license..................................... $ 40.00 16 (2) Application for examination de novo after 17 having twice failed examination............. 25.00 18 (3) Certification granting right to practice 19 osteopathy while licensee is enrolled in 20 residency training program.................. 25.00 21 (4) Pennsylvania licensing of osteopath licensed 22 in another state............................ 50.00 23 (5) Biennial registration fee.................. 25.00 24 (6) Penalty for failure to register biennially: 25 To be set by board: 26 (i) For first offense, penalty not to 27 exceed............................... 25.00 28 (ii) For second or subsequent offense, 29 penalty not to exceed............... 50.00 30 (7) Certification of transfer of Pennsylvania 19770H1528B3207 - 11 -
1 osteopath's license to another state....... 10.00 2 Section 216. State Board of Pharmacy. 3 Activity Fee 4 (1) Application for registration as pharmacy 5 intern................................. $ 10.00 6 (2) Application for license of pharmacist who 7 has been licensed in another state......... 50.00 8 (3) Registration and certificate for pharmacist 9 who has been licensed in another state..... 25.00 10 (4) Application for examination given to 11 pharmacy interns upon graduation from an 12 accredited college of pharmacy............. 25.00 13 (5) Certificate to practice pharmacy........... 25.00 14 (6) Biennial renewal fee - pharmacist.......... 25.00 15 (7) Late registration fee - pharmacist: 16 To be set by board, not to exceed......... 25.00 17 (8) Registration for new pharmacy.............. 50.00 18 (9) Biennial renewal - pharmacy................ 50.00 19 (10) Registration for change in ownership and/or 20 change in location of an established 21 pharmacy................................... 50.00 22 (11) Registration for change in name and/or 23 change in managership (pharmacist) within an 24 established pharmacy....................... 10.00 25 Section 217. State Board of Physical Therapy Examiners. 26 Activity Fee 27 (1) New application for physical therapist 28 license.................................... $ 50.00 29 (2) Application for physical therapist license 30 by one already licensed as of effective 19770H1528B3207 - 12 -
1 date of new act............................ 15.00 2 (3) Application for licensure by physical 3 therapist by endorsement................... 75.00 4 (4) Temporary physical therapist license....... 25.00 5 (5) Biennial renewal physical therapist 6 license.................................... 25.00 7 (6) Restoration fee within three years of 8 failure to renew........................... 5.00 9 (7) Foreign trained physical therapists apply- 10 ing for supervised clinical experience..... 5.00 11 (8) Certification of grades to another state... 25.00 12 Section 218. State Board of Podiatry Examiners. 13 Activity Fee 14 (1) Examination fee............................ $ 50.00 15 (2) Biennial registration fee.................. 30.00 16 (3) License by reciprocity..................... 100.00 17 (4) Duplicate registration packet.............. 2.00 18 (5) Branch office certificate.................. 10.00 19 Section 219. State Registration Board for Professional 20 Engineers. 21 Activity Fee 22 (1) Application for registration - professional 23 engineer................................... $ 50.00 24 (2) Biennial registration - engineer........... 25.00 25 (3) Biennial registration - surveyor........... 25.00 26 (4) Application for registration as professional 27 engineer by engineer-in-training........... 25.00 28 (5) Application for registration as registered 29 surveyor................................... 50.00 30 (6) Application for registration as 19770H1528B3207 - 13 -
1 engineer-in-training....................... 25.00 2 (7) Application for temporary permit to practice 3 engineering................................ 25.00 4 (8) Application for temporary permit to practice 5 surveying.................................. 25.00 6 (9) Application for certificate of approval for 7 fictitious name............................ 25.00 8 (10) Application for certificate of approval of 9 corporate name............................. 25.00 10 Section 220. State Board of Examiners of Public Accountants. 11 Activity Fee 12 (1) Examination fee for the purpose of becoming 13 certified.................................. $ 50.00 14 (2) Reexamination fee.......................... 50.00 15 Less $5 for each passing credit earned in 16 previous exams but in no event less than... 30.00 17 (3) Biennial permit fee - not to exceed........ 30.00 18 (4) Reciprocal application fee................. 50.00 19 (5) Corporate application fee.................. 50.00 20 (6) Partnership and professional association 21 application fee............................ 50.00 22 (7) Amendment fee - corporations, partnerships 23 and professional associations.............. 10.00 24 (8) Public accountants application............. 50.00 25 Section 221. State Board of Psychologist Examiners. 26 Activity Fee 27 (1) Application for license and examination.... $ 50.00 28 (2) Biennial renewal of license................ 10.00 29 (3) Third examination fee and each subsequent 30 examination - each examination............. 60.00 19770H1528B3207 - 14 -
1 Section 222. State Real Estate Commission. 2 Activity Fee 3 (1) Fee for examination and certification of 4 registration - real estate broker/limited 5 real estate broker......................... $ 25.00 6 (2) Reexamination fee - real estate broker/ 7 limited real estate broker................. 10.00 8 (3) Biennial license fee for each additional 9 office - real estate broker/limited real 10 estate broker.............................. 20.00 11 (4) Biennial registration fee - real estate 12 broker/limited real estate broker.......... 25.00 13 (5) All certification fees..................... 5.00 14 (6) Application for corporation, partnership, 15 association or additional licenses for 16 brokers of record, partners or officers.... 25.00 17 (7) All applications for licensure by 18 reciprocity................................ 25.00 19 (8) Examination and certification of registra- 20 tion - real estate salesman/builder owner 21 salesman................................... 20.00 22 (9) Reexamination - real estate salesman/ 23 builder owner salesman..................... 10.00 24 (10) Biennial registration fee - real estate 25 salesman/builder owner salesman........... 20.00 26 (11) Limited real estate salesman license....... 5.00 27 (12) Biennial registration as limited salesman.. 5.00 28 (13) Initial branch office license.............. 10.00 29 (14) Biennial renewal - corporation, partnership 30 or association............................. 25.00 19770H1528B3207 - 15 -
1 (15) Biennial renewal - broker of record, 2 associate broker, officer or partner....... 25.00 3 (16) Real estate schools other than colleges 4 and universities - initial approval........ 50.00 5 (17) Annual renewal for real estate schools 6 other than colleges and universities....... 25.00 7 Section 223. State Board of Veterinary Medical Examiners. 8 Activity Fee 9 (1) Temporary permit to practice veterinary 10 medicine for applicant for admission to 11 examination (one-half of fee to be applied 12 to examination fee)........................ $ 50.00 13 (2) Application for examination for licensure 14 to practice veterinary medicine............ 50.00 15 (3) Reinstatement of license within one year 16 of expiration - reinstatement fee.......... 10.00 17 plus regular 18 biennial fee 19 (4) Biennial registration fee.................. 10.00 20 Section 224. Collection. 21 The Bureau of Professional and Occupational Affairs shall 22 collect the fees for which this act provides. However, nothing 23 in this act shall prevent the collection of fees by the bureau 24 which are otherwise authorized and which are not inconsistent 25 with the provisions of this act. 26 Section 225. Late renewal. 27 Where a license is renewed beyond the date specified for 28 renewal by the bureau, a fee of $5 for each month or part of a 29 month beyond the renewal date shall be charged in addition to 30 the prescribed fee. 19770H1528B3207 - 16 -
1 Section 226. Duplicate license. 2 The fee for the issuance of a duplicate license shall be $5 3 in all cases. 4 Section 227. Duplicate certificate. 5 The fee for the issuance of a duplicate certificate shall be 6 $10 in all cases. 7 CHAPTER 3 8 DISPOSITION OF FUNDS 9 Section 301. Professional Licensure Augmentation Account. 10 Beginning July 1, 1978 and thereafter, all moneys collected 11 by the Bureau of Professional and Occupational Affairs shall be 12 paid into the Professional Licensure Augmentation Account which 13 is hereby created and which shall be a special restricted 14 receipts account within the General Fund. Moneys in such account 15 shall be used only for the support of the operation of the 16 bureau and the various regulatory boards. 17 Section 302. Appropriations from account. 18 The General Assembly shall annually appropriate for payment 19 of the costs of processing licenses and renewals, for the 20 operation of the various regulatory boards, and for other 21 general costs of bureau operations, moneys available from the 22 Professional Licensure Augmentation Account. 23 Section 303. Budget preparation. 24 In preparing the proposed budget for bureau operations for 25 each year, the Commissioner of Professional and Occupational 26 Affairs shall consult with the boards and commissions under his 27 jurisdiction to determine their budgetary requirements for the 28 upcoming year. The commissioner shall submit for each board of 29 the bureau, in addition to any information requested or 30 prescribed by the Secretary of the Budget, Secretary of the 19770H1528B3207 - 17 -
1 Commonwealth, the Chairman of the House Appropriations Committee
2 and the Chairman of the Senate Appropriations Committee, the
3 following information, for the most recent fiscal year:
4 (1) number of applications for licenses received;
5 (2) number of new and renewal licenses issued;
6 (3) number of applicants failing to qualify for licenses;
7 (4) number of inspections completed;
8 (5) number of violations cited;
9 (6) number of violations corrected;
10 (7) licensees prosecuted;
11 (8) amount of expenditures incurred, classified in terms
12 of administration, enforcement and investigation;
13 (9) the amount of fee revenue by type of license issued.
14 (10) personnel complement filled and vacant; and
15 (11) number of applications not processed by June 30 of the
16 previous fiscal year.
17 Section 304. Savings provision.
18 Nothing in this chapter shall be construed to affect section
19 30 of the act of September 29, 1961 (P.L.1745, No.708), known as
20 "The Auctioneers' License Act," or section 907 of the act of
21 October 15, 1975 (P.L.390, No.111), known as the "Health Care
22 Services Malpractice Act." ACT" OR TO DENY THE STATE BOARD OF <--
23 MEDICAL EDUCATION AND LICENSURE THE FULL USE OF ALL FEES,
24 CHARGES, AND FINES IT COLLECTS.
25 Section 305. Transitional provisions.
26 (a) For the remainder of fiscal year 1977-1978, such
27 additional moneys as are attributable to the increased fees
28 provided by this act are hereby appropriated to the Department
29 of State for the operation of the department, but such moneys
30 shall not be spent until such expenditures are approved by the
19770H1528B3207 - 18 -
1 Secretary of the Budget and the Chairmen of the House and Senate 2 Appropriations Committees. If any of such moneys remain 3 unapproved on July 1, 1978, such moneys shall be paid into the 4 Professional Licensure Augmentation Account. 5 (b) For the purposes of the license period normally ending 6 February 28, 1978 for those licensed pursuant to the act of May 7 1, 1929 (P.L.1216, No.427), known as the "Real Estate Brokers 8 License Act of one thousand nine hundred and twenty-nine," such 9 licenses shall not expire on February 28, 1978, but shall remain 10 in effect until April 15, 1978. The new license period shall 11 begin at such time. The provisions of this subsection shall 12 apply only to the license period beginning in 1978. Thereafter, 13 the licenses shall expire February 28 as currently provided by 14 law. 15 CHAPTER 4 <-- 16 REVIEW OF BOARDS AND COMMISSIONS 17 Section 401. Termination of boards, commissions of the Bureau 18 of Professional and Occupational Affairs. 19 (a) Schedule.--Unless specifically authorized to continue in 20 being and function by act of the General Assembly subsequent to 21 the effective date of this act, every board and commission 22 heretofore created by law, or by resolution adopted jointly by 23 the House of Representatives and the Senate or by either of 24 them, shall wind up its affairs and go out of existence 25 according to the following schedule: 26 (1) On July 1, 1979: 27 State Board of Motor Vehicle Manufacturers, Dealers 28 and Salesmen 29 The State Registration Board for Professional 30 Engineers 19770H1528B3207 - 19 -
1 The State Board for the Examination of Public 2 Accountants 3 The State Board of the Examination of Architects 4 The State Board of the Examination of Landscape 5 Architects 6 The State Real Estate Commission 7 The State Board of Pharmacy 8 (2) On July 1, 1980: 9 The State Board of Cosmetology 10 The State Board of Barber Examiners 11 The State Board of Funeral Directors 12 The State Board of the Examination of Auctioneer 13 Examiners 14 The State Board of Nursing Home Examiners 15 The State Board of Podiatry Examiners 16 The State Board of Veterinary Medical Examiners 17 (3) On July 1, 1981: 18 The State Board of Medical Education and Licensure 19 The State Board of Nurse Examiners 20 The State Dental Council and Examining Board 21 The State Board of Optometrical Examiners 22 The Pennsylvania Board of Psychologist Examiners 23 The State Board of the Examination of Chiropractic 24 Examiners 25 The State Board of Osteopathic Examiners 26 The State Board of Physical Therapist Examiners 27 (b) General provision.--Any agency omitted for the above 28 list would be subject to provisions of this act. 29 (c) Terms.--The terms of officers and members of any 30 reestablished or re-created boards, commissions or agencies 19770H1528B3207 - 20 -
1 shall not be altered in any manner whatsoever at the time of 2 their reestablishment or re-creation or at any other time. 3 (d) Review.--Reviews by the committee of reference in the 4 General Assembly shall be completed at least three months before 5 the expiration of the agency concerned. 6 Section 402. Terms of office for members of boards, councils, 7 commissions and agencies. 8 Notwithstanding any law presently or hereafter enacted, 9 except as to such boards, commissions, agencies or councils 10 reestablished or re-created by Act of Assembly hereafter 11 approved, the terms of all officers of any board, commission, 12 council or agency shall end on the same date as the agency set 13 forth in section 401. 14 Section 403. Transitional termination provisions. 15 Whenever any program or agency is terminated or abolished 16 pursuant to this section, the following provisions shall apply: 17 (1) Upon termination, each board, council, commission or 18 agency shall continue in existence until July 1 of the next 19 succeeding year for the purpose of winding up its affairs. 20 Termination shall not reduce or otherwise limit the powers or 21 authority of each respective agency, board, council or 22 commission during that period. Upon the expiration of the one 23 year after termination, each respective agency, board, 24 council or commission shall cease all activities. 25 (2) This act shall not cause the dismissal of any claim 26 or right of a citizen against any such agency, board, council 27 or commission or any claim or right of any agency, board, 28 council or commission terminated pursuant to this act which 29 is subject to litigation. 30 (3) The General Assembly shall not terminate the 19770H1528B3207 - 21 -
1 existence or power of any agency which is created as a result 2 of an interstate compact except in accordance with the 3 provisions of the compact for termination of membership. 4 (4) Whenever any agency is terminated pursuant to the 5 provisions of this act, the Commonwealth shall assume full 6 responsibility for the payment of any outstanding bonded 7 indebtedness of the terminated agency. 8 Section 404. Continuation or reestablishment of boards, 9 councils, commissions and agencies. 10 The life of any board, council, commission or agency 11 scheduled for termination under this section may be continued or 12 reestablished by the General Assembly for periods not to exceed 13 six years. 14 Any newly created commission, board, council or agency shall 15 have a life not to exceed six years and shall be subject to the 16 provisions of this act. 17 CHAPTER 5 4 <-- 18 REPEALS 19 Section 501. 401. Specific repeals. <-- 20 (a) The following acts or parts of acts are hereby repealed 21 insofar as they establish fixed fees inconsistent with those 22 fees contained in this act. To the extent such acts or parts of 23 acts authorize the fixing of fees by an agency for which a fee 24 has been set forth in this act, such acts shall not be construed 25 to be repealed or superseded by this act and those provisions 26 authorizing the fixing of fees by any agency shall remain in 27 effect: 28 Sections 8, 10 and 13, act of March 19, 1909 (P.L.46, No.29), 29 referred to as the Osteopathic Practice Law. 30 Sections 7 and 10, act of March 30, 1917 (P.L.21, No.10), 19770H1528B3207 - 22 -
1 referred to as the Optometry Practice Law. 2 Sections 7(b) and (c), 10 and 11(b), act of July 12, 1919 3 (P.L.933, No.369), referred to as the Architects Registration 4 Law. 5 Sections 7(b), 8 and 9, act of May 1, 1929 (P.L.1216, 6 No.427), known as the "Real Estate Brokers License Act of one 7 thousand nine hundred and twenty-nine." 8 Sections 3, 5, 8 and 12, act of June 19, 1931 (P.L.589, 9 No.202), referred to as the Barbers' License Law. 10 Section 4, act of May 1, 1933 (P.L.216, No.76), known as "The 11 Dental Law." 12 Section 16, act of May 3, 1933 (P.L.242, No.86), referred to 13 as the Beauty Culture Law. 14 Section 9, act of May 23, 1945 (P.L.913, No.367), known as 15 the "Professional Engineers Registration Law." 16 Section 8.2, act of May 26, 1947 (P.L.318, NO.140), known as 17 "The C. P. A. Law." 18 Sections 6 and 10(a), act of May 22, 1951 (P.L.317, No.69), 19 known as "The Professional Nursing Law." 20 Section 9, act of August 10, 1951 (P.L.1182, No.264), known 21 as the "Chiropractic Registration Act of 1951." 22 Sections 4, 9 and 10, act of March 2, 1956 (P.L.1206, 23 No.375), known as the "Podiatry Act of 1956." 24 Sections 5 and 13, act of March 2, 1956 (P.L.1211, No.376), 25 known as the "Practical Nurse Law." 26 Sections 3 and 4(f), act of September 27, 1961 (P.L.1700, 27 No.699), known as the "Pharmacy Act." 28 Section 13, act of September 29, 1961 (P.L.1745, No.708), 29 known as "The Auctioneers' License Act." 30 Sections 6 and 9, act of September 9, 1965 (P.L.499, No.254), 19770H1528B3207 - 23 -
1 known as the "Motor Vehicle Manufacturer's, Dealer's and 2 Salesmen's License Act." 3 Section 5, act of January 24, 1966 (1965 P.L.1527, No.535), 4 known as the "Landscape Architects' Registration Law." 5 Sections 6(a), 9(b) and 10, act of June 22, 1970 (P.L.378, 6 NO.122), known as the "Nursing Home Administrators License Act." 7 Sections 6(a)(4) and 15, act of March 23, 1972 (P.L.136, 8 No.52), referred to as the Psychologists License Act. 9 Section 10, act of December 27, 1974 (P.L.995, No.326), known 10 as the "Veterinary Medicine Practice Act." 11 Sections 5, 6(d) and (g), and 7, act of October 10, 1975 12 (P.L.383, No.110), known as the "Physical Therapy Practice Act." 13 (b) All acts or parts of acts inconsistent with the 14 provisions of this act relating to the collection and payment of 15 fees as herein provided are hereby repealed to the extent of the 16 inconsistency. 17 Section 502. 402. General repeal. <-- 18 All other acts or parts of acts inconsistent herewith are 19 hereby repealed to the extent of any inconsistency. 20 CHAPTER 6 5 <-- 21 MISCELLANEOUS PROVISIONS 22 Section 601. 501. Savings clause. <-- 23 The provisions of this act shall not affect any act done, 24 liability incurred or right accrued or vested, or affect any 25 suit or prosecution pending or to be instituted to enforce any 26 right or penalty or punish any offense under the authority of 27 any act or part thereof repealed by this act. 28 Section 602. 502. Effective date. <-- 29 This act shall take effect immediately. G14L50RLC/19770H1528B3207 - 24 -