SENATE AMENDED PRIOR PRINTER'S NOS. 1837, 2447, 2552, PRINTER'S NO. 3382 2667, 2927, 3207
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 SMITH, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 12, 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 THE APPOINTMENT AND TERM OF OFFICE OF THE COMMISSIONER OF 6 PROFESSIONAL AND OCCUPATIONAL AFFAIRS, providing for its <-- 7 administration THE DISPOSITION OF SUCH FEES and making <-- 8 certain repeals. 9 TABLE OF CONTENTS 10 Chapter 1. General Provisions 11 Section 101. Short title. 12 Section 102. Construction of act. 13 Chapter 2. Enumeration of Fees 14 Section 201. Fee schedules. 15 Section 202. State Board of Examiners of Architects. 16 Section 203. State Board of Auctioneer Examiners. 17 Section 204. State Board of Barber Examiners. 18 Section 205. State Board of Chiropractic Examiners.
1 Section 206. State Board of Cosmetology. 2 Section 207. State Dental Council and Examining Board. 3 Section 208. State Board of Funeral Directors. 4 Section 209. State Board of Landscape Architects. 5 Section 210. State Board of Medical Education and Licensure. 6 Section 211. State Board of Motor Vehicle Salesmen. 7 Section 212. State Board of Nurse Examiners. 8 Section 213. State Board of Examiners of Nursing Home 9 Administrators. 10 Section 214. State Board of Optometrical Examiners. 11 Section 215. State Board of Osteopathic Examiners. 12 Section 216. State Board of Pharmacy. 13 Section 217. State Board of Physical Therapy Examiners. 14 Section 218. State Board of Podiatry Examiners. 15 Section 219. State Registration Board for Professional 16 Engineers. 17 Section 220. State Board of Examiners of Public Accountants. 18 Section 221. State Board of Psychologist Examiners. 19 Section 222. State Real Estate Commission. 20 Section 223. State Board of Veterinary Medical Examiners. 21 Section 224. Collection. 22 Section 225. Late renewal. 23 Section 226. Duplicate license. 24 Section 227. Duplicate certificate. 25 Chapter 3. Disposition of Funds 26 Section 301. Professional Licensure Augmentation Account. <-- 27 Section 302. Appropriations from account. 28 SECTION 301. APPROPRIATIONS. <-- 29 Section 303 302. Budget preparation. <-- 30 Section 304 303. Savings provision. <-- 19770H1528B3382 - 2 -
1 Section 305. Transitional provisions. <-- 2 Chapter 4. Review of boards and commissions. <-- 3 Section 401. Termination of boards, commissions of the 4 Bureau of Professional and Occupational 5 Affairs. 6 Section 402. Terms of office for members of boards, 7 councils, commissions and agencies. 8 Section 403. Transitional termination provisions. 9 Section 404. Continuation or reestablishment of boards, 10 councils, commissions and agencies. 11 Chapter 5. 4. Repeals <-- 12 Section 501. 401. Specific repeals. <-- 13 Section 502. 402. General repeal. <-- 14 Chapter 6. 5. Miscellaneous Provisions <-- 15 SECTION 501. COMMISSIONER OF PROFESSIONAL AND <-- 16 OCCUPATIONAL AFFAIRS. 17 Section 601 501 502. Savings clause. <-- 18 Section 602 502 503. Effective date. <-- 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 CHAPTER 1 22 GENERAL PROVISIONS 23 Section 101. Short title. 24 This act shall be known and may be cited as the "Bureau of 25 Professional and Occupational Affairs Fee Act." 26 Section 102. Construction of act. 27 This act contains an enumeration of certain fees charged by 28 various boards and commissions within the Bureau of Professional 29 and Occupational Affairs. Some of the fees contained herein 30 represent increases or decreases from existing charges while 19770H1528B3382 - 3 -
1 others represent the current fees in effect on the effective 2 date of this act. It is the intent of the General Assembly, and 3 this act shall be so construed, that the fees herein set forth 4 shall be those charged by the various agencies on the effective 5 date of this act. Further, the fact that a particular fee 6 currently in effect is not enumerated in this act shall not 7 effect the validity of such fee. 8 CHAPTER 2 9 ENUMERATION OF FEES 10 Section 201. Fee schedules. 11 The fees for the following activities regulated by the boards 12 and commissions within the Bureau of Professional and 13 Occupational Affairs of the Department of State shall be as 14 specified in this chapter until such time as they are changed by 15 law or by the appropriate agency authorized to make such 16 changes. 17 Section 202. State Board of Examiners of Architects. 18 Activity Fee 19 (1) Examination or certificate of qualifications 20 and registration fee - architect........... $ 50.00 21 (2) Examination fee to change from "registered 22 by exemption" to "registered by examination" 23 - Senior Certificate National Council of 24 Architectural Registration Boards.......... 10.00 25 (3) Biennial renewal license fee - architect... 25.00 26 (4) Renewal of architect license within one 27 year of expiration......................... 10.00 28 (5) Issuance of new certificate after six month 29 period following revocation of certificate 30 of qualification to practice architecture.. 10.00 19770H1528B3382 - 4 -
1 (plus costs 2 of revocation 3 expenses of 4 board) 5 Section 203. State Board of Auctioneer Examiners. 6 Activity Fee 7 (1) Examination fee for auctioneer's license... $ 25.00 8 (2) Issuance of certificate of biennial regis- 9 tration - auctioneer....................... 50.00 10 (3) Examination for apprentice auctioneer's 11 license.................................... 10.00 12 (4) Issuance of registration certificate - 13 auctioneer................................. 50.00 14 (5) Apprentice auctioneer's biennial certifi- 15 cate....................................... 30.00 16 (6) Biennial auctioneer reregistration......... 50.00 17 (7) Biennial apprentice auctioneer re- 18 registration............................... 30.00 19 (8) Special license for special auction........ 200.00 20 (9) Auctioneer license for last six months of 21 two-year period............................ 30.00 22 (10) Apprentice auctioneer for last six months 23 of two-year period......................... 30.00 24 Section 204. State Board of Barber Examiners. 25 Activity Fee 26 (1) Examination fee - barber................... $ 25.00 27 (2) Examination fee - manager.................. 30.00 28 (3) Examination fee - teacher.................. 35.00 29 (4) Registration fee for teachers.............. 25.00 30 (5) Biennial registration for teachers......... 25.00 19770H1528B3382 - 5 -
1 (6) Student permit............................. 5.00 2 (7) Biennial renewal of barber certificate..... 5.00 3 (8) Registration of barber shop................ 10.00 4 (9) Biennial renewal-barber shop............... 10.00 5 (10) Registration fee-barber school........... 100.00 6 (11) Annual renewal - barber school........... 50.00 7 (12) Registration fee - managers................ 8.00 8 (13) Biennial renewal - managers................ 8.00 9 Section 205. State Board of Chiropractic Examiners. 10 Activity Fee 11 (1) Standard examination fee................... $ 40.00 12 (2) Limited examination fee.................... 10.00 13 (3) Biennial registration fee.................. 20.00 14 (4) Examination upon application of holder 15 of National Board Certificate.............. 50.00 16 (5) Restoration fee............................ 50.00 17 (6) Duplicate registration packet.............. 5.00 18 (7) Certification of grades.................... 10.00 19 (8) Reciprocity................................ 50.00 20 Section 206. State Board of Cosmetology. 21 Activity Fee 22 (1) License fee for beauty shop owner.......... $ 25.00 23 (2) License fee for managers................... 25.00 24 (3) License fee for teachers................... 25.00 25 (4) License fee for operators.................. 10.00 26 (5) License fee for manicurists................ 10.00 27 (6) License fee for students................... 5.00 28 (7) License fee for apprentices................ 5.00 29 (8) License fee for school of beauty culture... 50.00 30 (9) Biennial renewal fee for shop owner........ 25.00 19770H1528B3382 - 6 -
1 (10) Biennial renewal fee for managers.......... 25.00 2 (11) Biennial renewal fee for teachers.......... 25.00 3 (12) Biennial renewal fee for operators......... 10.00 4 (13) Biennial renewal fee for manicurists....... 10.00 5 (14) Biennial renewal fee for schools of beauty 6 culture.................................... 50.00 7 (15) Student permit extension................... 1.00 8 (16) Examination for managers................... 10.00 9 (17) Examination for teachers................... 10.00 10 (18) Examination for operators.................. 4.00 11 (19) Examination for manicurist................. 4.00 12 (20) Reciprocal license for operators........... 25.00 13 (21) Temporary permit........................... 4.00 14 Section 207. State Dental Council and Examining Board. 15 Activity Fee 16 (1) Biennial registration fee - dentists....... $ 25.00 17 (2) Biennial registration fee - dental 18 hygienists................................. 10.00 19 (3) Issuance of dental license................. 25.00 20 (4) Dental license by criteria approval........ 50.00 21 (5) Late biennial registration penalty - 22 dentists................................... 5.00 23 (6) Fee for certification of grades to other 24 states - dentists.......................... 5.00 25 (7) Issuance of dental hygiene license......... 25.00 26 (8) Late biennial registration penalty - dental 27 hygienists................................. 2.00 28 (9) Certification of grades to other states - 29 dental hygienists.......................... 5.00 30 Section 208. State Board of Funeral Directors. 19770H1528B3382 - 7 -
1 Activity Fee 2 (1) Initial license - director, branch, 3 corporation, estate, widow................. $ 25.00 4 (2) Out of state............................... 25.00 5 (3) Biennial renewal - directors............... 20.00 6 (4) Biennial renewal - corporation, branch..... 20.00 7 (5) Examination................................ 25.00 8 (6) Registration, supervisor................... 10.00 9 (7) Annual renewal, supervisor................. 10.00 10 (8) Annual renewal, widow, estate.............. 25.00 11 (9) Registration, student trainee.............. 5.00 12 (10) Registration, resident intern.............. 5.00 13 Section 209. State Board of Landscape Architects. 14 Activity Fee 15 (1) Initial examination and licensure fee for 16 landscape architect........................ $ 75.00 17 (2) Biennial registration landscape architect 18 license.................................... 75.00 19 Section 210. State Board of Medical Education and Licensure. 20 Activity Fee 21 (1) Medical examination fee.................... $125.00 22 (2) Application for graduate training 23 certificate................................ 10.00 24 (3) Licensure by endorsement - medical......... 100.00 25 (4) Biennial registration - medical doctor..... 75.00 26 (5) Across the border license.................. 50.00 27 (6) Across the border biennial registration.... 50.00 28 (7) Examination fee - midwifery................ 50.00 29 (8) Biennial registration fee - midwifery...... 20.00 30 (9) Limited license for visiting professor..... 10.00 19770H1528B3382 - 8 -
1 (10) Druggist therapist renewal................. 5.00 2 (11) Permanent limited license in the profession- 3 al category................................ 125.00 4 (12) Renewal for permanent limited license in the 5 professional category...................... 75.00 6 Section 211. State Board of Motor Vehicle Salesmen. 7 Activity Fee 8 (1) Motor vehicle salesman license............. $ 15.00 9 (2) Biennial renewal of license - motor vehicle 10 salesman................................... 15.00 11 (3) Motor vehicle dealer's license............. 25.00 12 (4) Biennial renewal of motor vehicle dealer's 13 license.................................... 25.00 14 (5) License of dealer's branch office.......... 25.00 15 (6) Biennial renewal of license of dealer's 16 branch office.............................. 25.00 17 (7) License for used car lot not adjacent to 18 dealer lot supplemental license - biennial. 10.00 19 (8) Manufacturer's license..................... 25.00 20 (9) Biennial renewal manufacturer's license.... 25.00 21 (10) Distributor's license...................... 25.00 22 (11) Biennial renewal distributor's license..... 25.00 23 (12) Wholesaler's license....................... 25.00 24 (13) Biennial renewal wholesaler's license...... 25.00 25 (14) Factory representative license............. 15.00 26 (15) Biennial renewal factory representative's 27 license.................................... 15.00 28 (16) Distributor branch representative license.. 15.00 29 (17) Biennial renewal distributor branch rep- 30 resentative's license...................... 15.00 19770H1528B3382 - 9 -
1 (18) Salesman's change of employer license fee.. 5.00 2 (19) Motor vehicle manufacturer's branch office 3 license.................................... 25.00 4 (20) Biennial renewal manufacturer's branch 5 office license............................. 15.00 6 (21) Motor vehicle wholesaler's branch office 7 license.................................... 25.00 8 (22) Biennial renewal motor vehicle wholesaler's 9 branch office license...................... 15.00 10 (23) Biennial renewal used car lot.............. 25.00 11 Section 212. State Board of Nurse Examiners. 12 Activity Fee 13 (1) Registered nurse examination and initial 14 licensure.................................. $ 24.00 15 (2) Application for licensure as registered 16 nurse by endorsement....................... 24.00 17 (3) Biennial renewal registration fee - regis- 18 tered nurse................................ 10.00 19 (4) Practical nurse examination and initial 20 licensure.................................. 18.00 21 (5) Application for licensure as licensed 22 practical nurse by endorsement............. 18.00 23 (6) Biennial renewal fee - practical nurse..... 5.00 24 Section 213. State Board of Examiners of Nursing Home 25 Administrators. 26 Activity Fee 27 (1) Examination and initial registration....... $ 50.00 28 (2) Biennial renewal registration.............. 50.00 29 (3) Late biennial registration penalty......... 5.00 30 (4) License by endorsement..................... 50.00 19770H1528B3382 - 10 -
1 (5) Temporary permit........................... 50.00 2 (6) Reissue permit............................. 50.00 3 (7) Reciprocity................................ 2.00 4 Section 214. State Board of Optometrical Examiners. 5 Activity Fee 6 (1) Initial examination fee.................... $ 25.00 7 (2) Biennial renewal registration fee.......... 25.00 8 (3) Late biennial registration penalty......... 5.00 9 (4) Application for license by optometrists 10 licensed in another state.................. 25.00 11 (5) Certification of grades to another state... 10.00 12 (6) Initial fee for branch office license...... 20.00 13 (7) Biennial renewal fee for branch office 14 license.................................... 20.00 15 (8) Application for examination de novo after 16 having twice failed examination............ 25.00 17 Section 215. State Board of Osteopathic Examiners. 18 Activity Fee 19 (1) Application for examination for osteopath's 20 license..................................... $ 40.00 21 (2) Application for examination de novo after 22 having twice failed examination............. 25.00 23 (3) Certification granting right to practice 24 osteopathy while licensee is enrolled in 25 residency training program.................. 25.00 26 (4) Pennsylvania licensing of osteopath licensed 27 in another state............................ 50.00 28 (5) Biennial registration fee.................. 25.00 29 (6) Penalty for failure to register biennially: 30 To be set by board: 19770H1528B3382 - 11 -
1 (i) For first offense, penalty not to 2 exceed............................... 25.00 3 (ii) For second or subsequent offense, 4 penalty not to exceed............... 50.00 5 (7) Certification of transfer of Pennsylvania 6 osteopath's license to another state....... 10.00 7 Section 216. State Board of Pharmacy. 8 Activity Fee 9 (1) Application for registration as pharmacy 10 intern................................. $ 10.00 11 (2) Application for license of pharmacist who 12 has been licensed in another state......... 50.00 13 (3) Registration and certificate for pharmacist 14 who has been licensed in another state..... 25.00 15 (4) Application for examination given to 16 pharmacy interns upon graduation from an 17 accredited college of pharmacy............. 25.00 18 (5) Certificate to practice pharmacy........... 25.00 19 (6) Biennial renewal fee - pharmacist.......... 25.00 20 (7) Late registration fee - pharmacist: 21 To be set by board, not to exceed......... 25.00 22 (8) Registration for new pharmacy.............. 50.00 23 (9) Biennial renewal - pharmacy................ 50.00 24 (10) Registration for change in ownership and/or 25 change in location of an established 26 pharmacy................................... 50.00 27 (11) Registration for change in name and/or 28 change in managership (pharmacist) within an 29 established pharmacy....................... 10.00 30 Section 217. State Board of Physical Therapy Examiners. 19770H1528B3382 - 12 -
1 Activity Fee 2 (1) New application for physical therapist 3 license.................................... $ 50.00 4 (2) Application for physical therapist license 5 by one already licensed as of effective 6 date of new act............................ 15.00 7 (3) Application for licensure by physical 8 therapist by endorsement................... 75.00 9 (4) Temporary physical therapist license....... 25.00 10 (5) Biennial renewal physical therapist 11 license.................................... 25.00 12 (6) Restoration fee within three years of 13 failure to renew........................... 5.00 14 (7) Foreign trained physical therapists apply- 15 ing for supervised clinical experience..... 5.00 16 (8) Certification of grades to another state... 25.00 17 Section 218. State Board of Podiatry Examiners. 18 Activity Fee 19 (1) Examination fee............................ $ 50.00 20 (2) Biennial registration fee.................. 30.00 21 (3) License by reciprocity..................... 100.00 22 (4) Duplicate registration packet.............. 2.00 23 (5) Branch office certificate.................. 10.00 24 Section 219. State Registration Board for Professional 25 Engineers. 26 Activity Fee 27 (1) Application for registration - professional 28 engineer................................... $ 50.00 29 (2) Biennial registration - engineer........... 25.00 30 (3) Biennial registration - surveyor........... 25.00 19770H1528B3382 - 13 -
1 (4) Application for registration as professional 2 engineer by engineer-in-training........... 25.00 3 (5) Application for registration as registered 4 surveyor................................... 50.00 5 (6) Application for registration as 6 engineer-in-training....................... 25.00 7 (7) Application for temporary permit to practice 8 engineering................................ 25.00 9 (8) Application for temporary permit to practice 10 surveying.................................. 25.00 11 (9) Application for certificate of approval for 12 fictitious name............................ 25.00 13 (10) Application for certificate of approval of 14 corporate name............................. 25.00 15 Section 220. State Board of Examiners of Public Accountants. 16 Activity Fee 17 (1) Examination fee for the purpose of becoming 18 certified.................................. $ 50.00 19 (2) Reexamination fee.......................... 50.00 20 Less $5 for each passing credit earned in 21 previous exams but in no event less than... 30.00 22 (3) Biennial permit fee - not to exceed........ 30.00 23 (4) Reciprocal application fee................. 50.00 24 (5) Corporate application fee.................. 50.00 25 (6) Partnership and professional association 26 application fee............................ 50.00 27 (7) Amendment fee - corporations, partnerships 28 and professional associations.............. 10.00 29 (8) Public accountants application............. 50.00 30 Section 221. State Board of Psychologist Examiners. 19770H1528B3382 - 14 -
1 Activity Fee 2 (1) Application for license and examination.... $ 50.00 3 (2) Biennial renewal of license................ 10.00 4 (3) Third examination fee and each subsequent 5 examination - each examination............. 60.00 6 Section 222. State Real Estate Commission. 7 Activity Fee 8 (1) Fee for examination and certification of 9 registration - real estate broker/limited 10 real estate broker......................... $ 25.00 11 (2) Reexamination fee - real estate broker/ 12 limited real estate broker................. 10.00 13 (3) Biennial license fee for each additional 14 office - real estate broker/limited real 15 estate broker.............................. 20.00 16 (4) Biennial registration fee - real estate 17 broker/limited real estate broker.......... 25.00 18 (5) All certification fees..................... 5.00 19 (6) Application for corporation, partnership, 20 association or additional licenses for 21 brokers of record, partners or officers.... 25.00 22 (7) All applications for licensure by 23 reciprocity................................ 25.00 24 (8) Examination and certification of registra- 25 tion - real estate salesman/builder owner 26 salesman................................... 20.00 27 (9) Reexamination - real estate salesman/ 28 builder owner salesman..................... 10.00 29 (10) Biennial registration fee - real estate 30 salesman/builder owner salesman........... 20.00 19770H1528B3382 - 15 -
1 (11) Limited real estate salesman license....... 5.00 2 (12) Biennial registration as limited salesman.. 5.00 3 (13) Initial branch office license.............. 10.00 4 (14) Biennial renewal - corporation, partnership 5 or association............................. 25.00 6 (15) Biennial renewal - broker of record, 7 associate broker, officer or partner....... 25.00 8 (16) Real estate schools other than colleges 9 and universities - initial approval........ 50.00 10 (17) Annual renewal for real estate schools 11 other than colleges and universities....... 25.00 12 Section 223. State Board of Veterinary Medical Examiners. 13 Activity Fee 14 (1) Temporary permit to practice veterinary 15 medicine for applicant for admission to 16 examination (one-half of fee to be applied 17 to examination fee)........................ $ 50.00 18 (2) Application for examination for licensure 19 to practice veterinary medicine............ 50.00 20 (3) Reinstatement of license within one year 21 of expiration - reinstatement fee.......... 10.00 22 plus regular 23 biennial fee 24 (4) Biennial registration fee.................. 10.00 25 Section 224. Collection. 26 The Bureau of Professional and Occupational Affairs shall 27 collect the fees for which this act provides. However, nothing 28 in this act shall prevent the collection of fees by the bureau 29 which are otherwise authorized and which are not inconsistent 30 with the provisions of this act. 19770H1528B3382 - 16 -
1 Section 225. Late renewal. 2 Where a license is renewed beyond the date specified for 3 renewal by the bureau, a fee of $5 for each month or part of a 4 month beyond the renewal date shall be charged in addition to 5 the prescribed fee. 6 Section 226. Duplicate license. 7 The fee for the issuance of a duplicate license shall be $5 8 in all cases. 9 Section 227. Duplicate certificate. 10 The fee for the issuance of a duplicate certificate shall be 11 $10 in all cases. 12 CHAPTER 3 13 DISPOSITION OF FUNDS 14 Section 301. Professional Licensure Augmentation Account. <-- 15 APPROPRIATIONS. <-- 16 (A) Beginning July 1, 1978 and thereafter, all moneys <-- 17 collected by the Bureau of Professional and Occupational Affairs 18 shall be paid into the Professional Licensure Augmentation <-- 19 Account which is hereby created and which shall be a special 20 restricted receipts account within the General Fund. Moneys in <-- 21 such account shall be used only for the support of the operation 22 of the bureau and the various regulatory boards. 23 Section 302. Appropriations from account. 24 (B) The General Assembly shall annually appropriate for <-- 25 payment of the costs of processing licenses and renewals, for 26 the operation of the various regulatory boards, and for other 27 general costs of bureau operations, moneys available from the 28 Professional Licensure Augmentation Account. GENERAL FUND. <-- 29 Section 303 302. Budget preparation. <-- 30 In preparing the proposed budget for bureau operations for 19770H1528B3382 - 17 -
1 each year, the Commissioner of Professional and Occupational 2 Affairs shall consult with the boards and commissions under his 3 jurisdiction to determine their budgetary requirements for the 4 upcoming year. The commissioner shall submit for each board of 5 the bureau, in addition to any information requested or 6 prescribed by the Secretary of the Budget, Secretary of the 7 Commonwealth, the Chairman of the House Appropriations Committee 8 and the Chairman of the Senate Appropriations Committee, the 9 following information, for the most recent fiscal year: 10 (1) number of applications for licenses received; 11 (2) number of new and renewal licenses issued; 12 (3) number of applicants failing to qualify for licenses; 13 (4) number of inspections completed; 14 (5) number of violations cited; 15 (6) number of violations corrected; 16 (7) licensees prosecuted; 17 (8) amount of expenditures incurred, classified in terms 18 of administration, enforcement and investigation; 19 (9) the amount of fee revenue by type of license issued. 20 (10) personnel complement filled and vacant; and 21 (11) number of applications not processed by June 30 of the 22 previous fiscal year. 23 Section 304 303. Savings provision. <-- 24 Nothing in this chapter shall be construed to affect section 25 30 of the act of September 29, 1961 (P.L.1745, No.708), known as 26 "The Auctioneers' License Act," or section 907 of the act of 27 October 15, 1975 (P.L.390, No.111), known as the "Health Care 28 Services Malpractice Act." ACT" OR TO DENY THE STATE BOARD OF <-- 29 MEDICAL EDUCATION AND LICENSURE THE FULL USE OF ALL FEES, 30 CHARGES, AND FINES IT COLLECTS. 19770H1528B3382 - 18 -
1 Section 305. Transitional provisions. <-- 2 (a) For the remainder of fiscal year 1977-1978, such 3 additional moneys as are attributable to the increased fees 4 provided by this act are hereby appropriated to the Department 5 of State for the operation of the department, but such moneys 6 shall not be spent until such expenditures are approved by the 7 Secretary of the Budget and the Chairmen of the House and Senate 8 Appropriations Committees. If any of such moneys remain 9 unapproved on July 1, 1978, such moneys shall be paid into the 10 Professional Licensure Augmentation Account. 11 (b) For the purposes of the license period normally ending 12 February 28, 1978 for those licensed pursuant to the act of May 13 1, 1929 (P.L.1216, No.427), known as the "Real Estate Brokers 14 License Act of one thousand nine hundred and twenty-nine," such 15 licenses shall not expire on February 28, 1978, but shall remain 16 in effect until April 15, 1978. The new license period shall 17 begin at such time. The provisions of this subsection shall 18 apply only to the license period beginning in 1978. Thereafter, 19 the licenses shall expire February 28 as currently provided by 20 law. 21 CHAPTER 4 <-- 22 REVIEW OF BOARDS AND COMMISSIONS 23 Section 401. Termination of boards, commissions of the Bureau 24 of Professional and Occupational Affairs. 25 (a) Schedule.--Unless specifically authorized to continue in 26 being and function by act of the General Assembly subsequent to 27 the effective date of this act, every board and commission 28 heretofore created by law, or by resolution adopted jointly by 29 the House of Representatives and the Senate or by either of 30 them, shall wind up its affairs and go out of existence 19770H1528B3382 - 19 -
1 according to the following schedule: 2 (1) On July 1, 1979: 3 State Board of Motor Vehicle Manufacturers, Dealers 4 and Salesmen 5 The State Registration Board for Professional 6 Engineers 7 The State Board for the Examination of Public 8 Accountants 9 The State Board of the Examination of Architects 10 The State Board of the Examination of Landscape 11 Architects 12 The State Real Estate Commission 13 The State Board of Pharmacy 14 (2) On July 1, 1980: 15 The State Board of Cosmetology 16 The State Board of Barber Examiners 17 The State Board of Funeral Directors 18 The State Board of the Examination of Auctioneer 19 Examiners 20 The State Board of Nursing Home Examiners 21 The State Board of Podiatry Examiners 22 The State Board of Veterinary Medical Examiners 23 (3) On July 1, 1981: 24 The State Board of Medical Education and Licensure 25 The State Board of Nurse Examiners 26 The State Dental Council and Examining Board 27 The State Board of Optometrical Examiners 28 The Pennsylvania Board of Psychologist Examiners 29 The State Board of the Examination of Chiropractic 30 Examiners 19770H1528B3382 - 20 -
1 The State Board of Osteopathic Examiners 2 The State Board of Physical Therapist Examiners 3 (b) General provision.--Any agency omitted for the above 4 list would be subject to provisions of this act. 5 (c) Terms.--The terms of officers and members of any 6 reestablished or re-created boards, commissions or agencies 7 shall not be altered in any manner whatsoever at the time of 8 their reestablishment or re-creation or at any other time. 9 (d) Review.--Reviews by the committee of reference in the 10 General Assembly shall be completed at least three months before 11 the expiration of the agency concerned. 12 Section 402. Terms of office for members of boards, councils, 13 commissions and agencies. 14 Notwithstanding any law presently or hereafter enacted, 15 except as to such boards, commissions, agencies or councils 16 reestablished or re-created by Act of Assembly hereafter 17 approved, the terms of all officers of any board, commission, 18 council or agency shall end on the same date as the agency set 19 forth in section 401. 20 Section 403. Transitional termination provisions. 21 Whenever any program or agency is terminated or abolished 22 pursuant to this section, the following provisions shall apply: 23 (1) Upon termination, each board, council, commission or 24 agency shall continue in existence until July 1 of the next 25 succeeding year for the purpose of winding up its affairs. 26 Termination shall not reduce or otherwise limit the powers or 27 authority of each respective agency, board, council or 28 commission during that period. Upon the expiration of the one 29 year after termination, each respective agency, board, 30 council or commission shall cease all activities. 19770H1528B3382 - 21 -
1 (2) This act shall not cause the dismissal of any claim 2 or right of a citizen against any such agency, board, council 3 or commission or any claim or right of any agency, board, 4 council or commission terminated pursuant to this act which 5 is subject to litigation. 6 (3) The General Assembly shall not terminate the 7 existence or power of any agency which is created as a result 8 of an interstate compact except in accordance with the 9 provisions of the compact for termination of membership. 10 (4) Whenever any agency is terminated pursuant to the 11 provisions of this act, the Commonwealth shall assume full 12 responsibility for the payment of any outstanding bonded 13 indebtedness of the terminated agency. 14 Section 404. Continuation or reestablishment of boards, 15 councils, commissions and agencies. 16 The life of any board, council, commission or agency 17 scheduled for termination under this section may be continued or 18 reestablished by the General Assembly for periods not to exceed 19 six years. 20 Any newly created commission, board, council or agency shall 21 have a life not to exceed six years and shall be subject to the 22 provisions of this act. 23 CHAPTER 5 4 <-- 24 REPEALS 25 Section 501. 401. Specific repeals. <-- 26 (a) The following acts or parts of acts are hereby repealed 27 insofar as they establish fixed fees inconsistent with those 28 fees contained in this act. To the extent such acts or parts of 29 acts authorize the fixing of fees by an agency for which a fee 30 has been set forth in this act, such acts shall not be construed 19770H1528B3382 - 22 -
1 to be repealed or superseded by this act and those provisions 2 authorizing the fixing of fees by any agency shall remain in 3 effect: 4 Sections 8, 10 and 13, act of March 19, 1909 (P.L.46, No.29), 5 referred to as the Osteopathic Practice Law. 6 Sections 7 and 10, act of March 30, 1917 (P.L.21, No.10), 7 referred to as the Optometry Practice Law. 8 Sections 7(b) and (c), 10 and 11(b), act of July 12, 1919 9 (P.L.933, No.369), referred to as the Architects Registration 10 Law. 11 Sections 7(b), 8 and 9, act of May 1, 1929 (P.L.1216, 12 No.427), known as the "Real Estate Brokers License Act of one 13 thousand nine hundred and twenty-nine." 14 Sections 3, 5, 8 and 12, act of June 19, 1931 (P.L.589, 15 No.202), referred to as the Barbers' License Law. 16 Section 4, act of May 1, 1933 (P.L.216, No.76), known as "The 17 Dental Law." 18 Section 16, act of May 3, 1933 (P.L.242, No.86), referred to 19 as the Beauty Culture Law. 20 Section 9, act of May 23, 1945 (P.L.913, No.367), known as 21 the "Professional Engineers Registration Law." 22 Section 8.2, act of May 26, 1947 (P.L.318, NO.140), known as 23 "The C. P. A. Law." 24 Sections 6 and 10(a), act of May 22, 1951 (P.L.317, No.69), 25 known as "The Professional Nursing Law." 26 Section 9, act of August 10, 1951 (P.L.1182, No.264), known 27 as the "Chiropractic Registration Act of 1951." 28 Sections 4, 9 and 10, act of March 2, 1956 (P.L.1206, 29 No.375), known as the "Podiatry Act of 1956." 30 Sections 5 and 13, act of March 2, 1956 (P.L.1211, No.376), 19770H1528B3382 - 23 -
1 known as the "Practical Nurse Law." 2 Sections 3 and 4(f), act of September 27, 1961 (P.L.1700, 3 No.699), known as the "Pharmacy Act." 4 Section 13, act of September 29, 1961 (P.L.1745, No.708), 5 known as "The Auctioneers' License Act." 6 Sections 6 and 9, act of September 9, 1965 (P.L.499, No.254), 7 known as the "Motor Vehicle Manufacturer's, Dealer's and 8 Salesmen's License Act." 9 Section 5, act of January 24, 1966 (1965 P.L.1527, No.535), 10 known as the "Landscape Architects' Registration Law." 11 Sections 6(a), 9(b) and 10, act of June 22, 1970 (P.L.378, 12 NO.122), known as the "Nursing Home Administrators License Act." 13 Sections 6(a)(4) and 15, act of March 23, 1972 (P.L.136, 14 No.52), referred to as the Psychologists License Act. 15 Section 10, act of December 27, 1974 (P.L.995, No.326), known 16 as the "Veterinary Medicine Practice Act." 17 Sections 5, 6(d) and (g), and 7, act of October 10, 1975 18 (P.L.383, No.110), known as the "Physical Therapy Practice Act." 19 (b) All acts or parts of acts inconsistent with the 20 provisions of this act relating to the collection and payment of 21 fees as herein provided are hereby repealed to the extent of the 22 inconsistency. 23 Section 502. 402. General repeal. <-- 24 All other acts or parts of acts inconsistent herewith are 25 hereby repealed to the extent of any inconsistency. 26 CHAPTER 6 5 <-- 27 MISCELLANEOUS PROVISIONS 28 SECTION 501. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL <-- 29 AFFAIRS. 30 THE TERM OF THE INCUMBENT COMMISSIONER OF PROFESSIONAL AND 19770H1528B3382 - 24 -
1 OCCUPATIONAL AFFAIRS SHALL EXPIRE 90 DAYS AFTER THE EFFECTIVE 2 DATE OF THIS ACT. THEREAFTER THE GOVERNOR SHALL NOMINATE IN 3 ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION OF THE 4 COMMONWEALTH OF PENNSYLVANIA AND, BY AND WITH THE ADVICE AND 5 CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE, 6 APPOINT THE COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL 7 AFFAIRS, WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. 8 Section 601 501 502. Savings clause. <-- 9 The provisions of this act shall not affect any act done, 10 liability incurred or right accrued or vested, or affect any 11 suit or prosecution pending or to be instituted to enforce any 12 right or penalty or punish any offense under the authority of 13 any act or part thereof repealed by this act. 14 Section 602 502 503. Effective date. <-- 15 This act shall take effect immediately. G14L50RLC/19770H1528B3382 - 25 -