SENATE AMENDED
PRIOR PRINTER'S NOS. 1837, 2447, 2552, PRINTER'S NO. 3462
2667, 2927, 3207, 3382, 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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 20, 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, PROVIDING <--
4 FOR THE APPOINTMENT AND TERM OF OFFICE OF THE COMMISSIONER OF
5 PROFESSIONAL AND OCCUPATIONAL AFFAIRS, creating the
6 Professional Licensure Augmentation Account and providing for
7 its administration and making certain repeals.
8 TABLE OF CONTENTS
9 Chapter 1. General Provisions
10 Section 101. Short title.
11 Section 102. Construction of act.
12 Chapter 2. Enumeration of Fees
13 Section 201. Fee schedules.
14 Section 202. State Board of Examiners of Architects.
15 Section 203. State Board of Auctioneer Examiners.
16 Section 204. State Board of Barber Examiners.
17 Section 205. State Board of Chiropractic Examiners.
18 Section 206. State Board of Cosmetology.
1 Section 207. State Dental Council and Examining Board.
2 Section 208. State Board of Funeral Directors.
3 Section 209. State Board of Landscape Architects.
4 Section 210. State Board of Medical Education and Licensure.
5 Section 211. State Board of Motor Vehicle Salesmen.
6 Section 212. State Board of Nurse Examiners.
7 Section 213. State Board of Examiners of Nursing Home
8 Administrators.
9 Section 214. State Board of Optometrical Examiners.
10 Section 215. State Board of Osteopathic Examiners.
11 Section 216. State Board of Pharmacy.
12 Section 217. State Board of Physical Therapy Examiners.
13 Section 218. State Board of Podiatry Examiners.
14 Section 219. State Registration Board for Professional
15 Engineers.
16 Section 220. State Board of Examiners of Public Accountants.
17 Section 221. State Board of Psychologist Examiners.
18 Section 222. State Real Estate Commission.
19 Section 223. State Board of Veterinary Medical Examiners.
20 Section 224. Collection.
21 Section 225. Late renewal.
22 Section 226. Duplicate license.
23 Section 227. Duplicate certificate.
24 Chapter 3. Disposition of Funds
25 Section 301. Professional Licensure Augmentation Account.
26 Section 302. Appropriations from account.
27 Section 303. Budget preparation.
28 Section 304. Savings provision.
29 Section 305. Transitional provisions.
30 Chapter 4. Review of boards and commissions. <--
19770H1528B3462 - 2 -
1 Section 401. Termination of boards, commissions of the
2 Bureau of Professional and Occupational
3 Affairs.
4 Section 402. Terms of office for members of boards,
5 councils, commissions and agencies.
6 Section 403. Transitional termination provisions.
7 Section 404. Continuation or reestablishment of boards,
8 councils, commissions and agencies.
9 Chapter 5. 4. Repeals <--
10 Section 501. 401. Specific repeals. <--
11 Section 502. 402. General repeal. <--
12 Chapter 6. 5. Miscellaneous Provisions <--
13 Section 601. 501. Savings clause. <--
14 Section 602. 502. Effective date. <--
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 CHAPTER 1
18 GENERAL PROVISIONS
19 Section 101. Short title.
20 This act shall be known and may be cited as the "Bureau of
21 Professional and Occupational Affairs Fee Act."
22 Section 102. Construction of act.
23 This act contains an enumeration of certain fees charged by
24 various boards and commissions within the Bureau of Professional
25 and Occupational Affairs. Some of the fees contained herein
26 represent increases or decreases from existing charges while
27 others represent the current fees in effect on the effective
28 date of this act. It is the intent of the General Assembly, and
29 this act shall be so construed, that the fees herein set forth
30 shall be those charged by the various agencies on the effective
19770H1528B3462 - 3 -
1 date of this act. Further, the fact that a particular fee
2 currently in effect is not enumerated in this act shall not
3 effect the validity of such fee.
4 CHAPTER 2
5 ENUMERATION OF FEES
6 Section 201. Fee schedules.
7 The fees for the following activities regulated by the boards
8 and commissions within the Bureau of Professional and
9 Occupational Affairs of the Department of State shall be as
10 specified in this chapter until such time as they are changed by
11 law or by the appropriate agency authorized to make such
12 changes.
13 Section 202. State Board of Examiners of Architects.
14 Activity Fee
15 (1) Examination or certificate of qualifications
16 and registration fee - architect........... $ 50.00
17 (2) Examination fee to change from "registered
18 by exemption" to "registered by examination"
19 - Senior Certificate National Council of
20 Architectural Registration Boards.......... 10.00
21 (3) Biennial renewal license fee - architect... 25.00
22 (4) Renewal of architect license within one
23 year of expiration......................... 10.00
24 (5) Issuance of new certificate after six-month
25 period following revocation of certificate
26 of qualification to practice architecture.. 10.00
27 (plus costs
28 of revocation
29 expenses of
30 board)
19770H1528B3462 - 4 -
1 Section 203. State Board of Auctioneer Examiners.
2 Activity Fee
3 (1) Examination fee for auctioneer's license... $ 25.00
4 (2) Issuance of certificate of biennial regis-
5 tration - auctioneer....................... 50.00
6 (3) Examination for apprentice auctioneer's
7 license.................................... 10.00
8 (4) Issuance of registration certificate -
9 auctioneer................................. 50.00
10 (5) Apprentice auctioneer's biennial certifi-
11 cate....................................... 30.00
12 (6) Biennial auctioneer reregistration......... 50.00
13 (7) Biennial apprentice auctioneer re-
14 registration............................... 30.00
15 (8) Special license for special auction........ 200.00
16 (9) Auctioneer license for last six months of
17 two-year period............................ 30.00
18 (10) Apprentice auctioneer for last six months
19 of two-year period......................... 30.00
20 Section 204. State Board of Barber Examiners.
21 Activity Fee
22 (1) Examination fee - barber................... $ 25.00
23 (2) Examination fee - manager.................. 30.00
24 (3) Examination fee - teacher.................. 35.00
25 (4) Registration fee for teachers.............. 25.00
26 (5) Biennial registration for teachers......... 25.00
27 (6) Student permit............................. 5.00
28 (7) Biennial renewal of barber certificate..... 5.00
29 (8) Registration of barber shop................ 10.00
30 (9) Biennial renewal-barber shop............... 10.00
19770H1528B3462 - 5 -
1 (10) Registration fee-barber school........... 100.00
2 (11) Annual renewal - barber school........... 50.00
3 (12) Registration fee - managers................ 8.00
4 (13) Biennial renewal - managers................ 8.00
5 Section 205. State Board of Chiropractic Examiners.
6 Activity Fee
7 (1) Standard examination fee................... $ 40.00
8 (2) Limited examination fee.................... 10.00
9 (3) Biennial registration fee.................. 20.00
10 (4) Examination upon application of holder
11 of National Board Certificate.............. 50.00
12 (5) Restoration fee............................ 50.00
13 (6) Duplicate registration packet.............. 5.00
14 (7) Certification of grades.................... 10.00
15 (8) Reciprocity................................ 50.00
16 Section 206. State Board of Cosmetology.
17 Activity Fee
18 (1) License fee for beauty shop owner.......... $ 25.00
19 (2) License fee for managers................... 25.00
20 (3) License fee for teachers................... 25.00
21 (4) License fee for operators.................. 10.00
22 (5) License fee for manicurists................ 10.00
23 (6) License fee for students................... 5.00
24 (7) License fee for apprentices................ 5.00
25 (8) License fee for school of beauty culture... 50.00
26 (9) Biennial renewal fee for shop owner........ 25.00
27 (10) Biennial renewal fee for managers.......... 25.00
28 (11) Biennial renewal fee for teachers.......... 25.00
29 (12) Biennial renewal fee for operators......... 10.00
30 (13) Biennial renewal fee for manicurists....... 10.00
19770H1528B3462 - 6 -
1 (14) Biennial renewal fee for schools of beauty
2 culture.................................... 50.00
3 (15) Student permit extension................... 1.00
4 (16) Examination for managers................... 10.00
5 (17) Examination for teachers................... 10.00
6 (18) Examination for operators.................. 4.00
7 (19) Examination for manicurist................. 4.00
8 (20) Reciprocal license for operators........... 25.00
9 (21) Temporary permit........................... 4.00
10 Section 207. State Dental Council and Examining Board.
11 Activity Fee
12 (1) Biennial registration fee - dentists....... $ 25.00
13 (2) Biennial registration fee - dental
14 hygienists................................. 10.00
15 (3) Issuance of dental license................. 25.00
16 (4) Dental license by criteria approval........ 50.00
17 (5) Late biennial registration penalty -
18 dentists................................... 5.00
19 (6) Fee for certification of grades to other
20 states - dentists.......................... 5.00
21 (7) Issuance of dental hygiene license......... 25.00
22 (8) Late biennial registration penalty - dental
23 hygienists................................. 2.00
24 (9) Certification of grades to other states -
25 dental hygienists.......................... 5.00
26 Section 208. State Board of Funeral Directors.
27 Activity Fee
28 (1) Initial license - director, branch,
29 corporation, estate, widow................. $ 25.00
30 (2) Out of state............................... 25.00
19770H1528B3462 - 7 -
1 (3) Biennial renewal - directors............... 20.00
2 (4) Biennial renewal - corporation, branch..... 20.00
3 (5) Examination................................ 25.00
4 (6) Registration, supervisor................... 10.00
5 (7) Annual renewal, supervisor................. 10.00
6 (8) Annual renewal, widow, estate.............. 25.00
7 (9) Registration, student trainee.............. 5.00
8 (10) Registration, resident intern.............. 5.00
9 Section 209. State Board of Landscape Architects.
10 Activity Fee
11 (1) Initial examination and licensure fee for
12 landscape architect........................ $ 75.00
13 (2) Biennial registration landscape architect
14 license.................................... 75.00
15 Section 210. State Board of Medical Education and Licensure.
16 Activity Fee
17 (1) Medical examination fee.................... $125.00
18 (2) Application for graduate training
19 certificate................................ 10.00
20 (3) Licensure by endorsement - medical......... 100.00
21 (4) Biennial registration - medical doctor..... 75.00
22 (5) Across the border license.................. 50.00
23 (6) Across the border biennial registration.... 50.00
24 (7) Examination fee - midwifery................ 50.00
25 (8) Biennial registration fee - midwifery...... 20.00
26 (9) Limited license for visiting professor..... 10.00
27 (10) Druggist therapist renewal................. 5.00
28 (11) Permanent limited license in the profession-
29 al category................................ 125.00
30 (12) Renewal for permanent limited license in the
19770H1528B3462 - 8 -
1 professional category...................... 75.00
2 Section 211. State Board of Motor Vehicle Salesmen.
3 Activity Fee
4 (1) Motor vehicle salesman license............. $ 15.00
5 (2) Biennial renewal of license - motor vehicle
6 salesman................................... 15.00
7 (3) Motor vehicle dealer's license............. 25.00
8 (4) Biennial renewal of motor vehicle dealer's
9 license.................................... 25.00
10 (5) License of dealer's branch office.......... 25.00
11 (6) Biennial renewal of license of dealer's
12 branch office.............................. 25.00
13 (7) License for used car lot not adjacent to
14 dealer lot supplemental license - biennial. 10.00
15 (8) Manufacturer's license..................... 25.00
16 (9) Biennial renewal manufacturer's license.... 25.00
17 (10) Distributor's license...................... 25.00
18 (11) Biennial renewal distributor's license..... 25.00
19 (12) Wholesaler's license....................... 25.00
20 (13) Biennial renewal wholesaler's license...... 25.00
21 (14) Factory representative license............. 15.00
22 (15) Biennial renewal factory representative's
23 license.................................... 15.00
24 (16) Distributor branch representative license.. 15.00
25 (17) Biennial renewal distributor branch rep-
26 resentative's license...................... 15.00
27 (18) Salesman's change of employer license fee.. 5.00
28 (19) Motor vehicle manufacturer's branch office
29 license.................................... 25.00
30 (20) Biennial renewal manufacturer's branch
19770H1528B3462 - 9 -
1 office license............................. 15.00
2 (21) Motor vehicle wholesaler's branch office
3 license.................................... 25.00
4 (22) Biennial renewal motor vehicle wholesaler's
5 branch office license...................... 15.00
6 (23) Biennial renewal used car lot.............. 25.00
7 Section 212. State Board of Nurse Examiners.
8 Activity Fee
9 (1) Registered nurse examination and initial
10 licensure.................................. $ 24.00
11 (2) Application for licensure as registered
12 nurse by endorsement....................... 24.00
13 (3) Biennial renewal registration fee - regis-
14 tered nurse................................ 10.00
15 (4) Practical nurse examination and initial
16 licensure.................................. 18.00
17 (5) Application for licensure as licensed
18 practical nurse by endorsement............. 18.00
19 (6) Biennial renewal fee - practical nurse..... 5.00
20 Section 213. State Board of Examiners of Nursing Home
21 Administrators.
22 Activity Fee
23 (1) Examination and initial registration....... $ 50.00
24 (2) Biennial renewal registration.............. 50.00
25 (3) Late biennial registration penalty......... 5.00
26 (4) License by endorsement..................... 50.00
27 (5) Temporary permit........................... 50.00
28 (6) Reissue permit............................. 50.00
29 (7) Reciprocity................................ 2.00
30 Section 214. State Board of Optometrical Examiners.
19770H1528B3462 - 10 -
1 Activity Fee
2 (1) Initial examination fee.................... $ 25.00
3 (2) Biennial renewal registration fee.......... 25.00
4 (3) Late biennial registration penalty......... 5.00
5 (4) Application for license by optometrists
6 licensed in another state.................. 25.00
7 (5) Certification of grades to another state... 10.00
8 (6) Initial fee for branch office license...... 20.00
9 (7) Biennial renewal fee for branch office
10 license.................................... 20.00
11 (8) Application for examination de novo after
12 having twice failed examination............ 25.00
13 Section 215. State Board of Osteopathic Examiners.
14 Activity Fee
15 (1) Application for examination for osteopath's
16 license..................................... $ 40.00
17 (2) Application for examination de novo after
18 having twice failed examination............. 25.00
19 (3) Certification granting right to practice
20 osteopathy while licensee is enrolled in
21 residency training program.................. 25.00
22 (4) Pennsylvania licensing of osteopath licensed
23 in another state............................ 50.00
24 (5) Biennial registration fee.................. 25.00
25 (6) Penalty for failure to register biennially:
26 To be set by board:
27 (i) For first offense, penalty not to
28 exceed............................... 25.00
29 (ii) For second or subsequent offense,
30 penalty not to exceed............... 50.00
19770H1528B3462 - 11 -
1 (7) Certification of transfer of Pennsylvania
2 osteopath's license to another state....... 10.00
3 Section 216. State Board of Pharmacy.
4 Activity Fee
5 (1) Application for registration as pharmacy
6 intern................................. $ 10.00
7 (2) Application for license of pharmacist who
8 has been licensed in another state......... 50.00
9 (3) Registration and certificate for pharmacist
10 who has been licensed in another state..... 25.00
11 (4) Application for examination given to
12 pharmacy interns upon graduation from an
13 accredited college of pharmacy............. 25.00
14 (5) Certificate to practice pharmacy........... 25.00
15 (6) Biennial renewal fee - pharmacist.......... 25.00
16 (7) Late registration fee - pharmacist:
17 To be set by board, not to exceed......... 25.00
18 (8) Registration for new pharmacy.............. 50.00
19 (9) Biennial renewal - pharmacy................ 50.00
20 (10) Registration for change in ownership and/or
21 change in location of an established
22 pharmacy................................... 50.00
23 (11) Registration for change in name and/or
24 change in managership (pharmacist) within an
25 established pharmacy....................... 10.00
26 Section 217. State Board of Physical Therapy Examiners.
27 Activity Fee
28 (1) New application for physical therapist
29 license.................................... $ 50.00
30 (2) Application for physical therapist license
19770H1528B3462 - 12 -
1 by one already licensed as of effective
2 date of new act............................ 15.00
3 (3) Application for licensure by physical
4 therapist by endorsement................... 75.00
5 (4) Temporary physical therapist license....... 25.00
6 (5) Biennial renewal physical therapist
7 license.................................... 25.00
8 (6) Restoration fee within three years of
9 failure to renew........................... 5.00
10 (7) Foreign trained physical therapists apply-
11 ing for supervised clinical experience..... 5.00
12 (8) Certification of grades to another state... 25.00
13 Section 218. State Board of Podiatry Examiners.
14 Activity Fee
15 (1) Examination fee............................ $ 50.00
16 (2) Biennial registration fee.................. 30.00
17 (3) License by reciprocity..................... 100.00
18 (4) Duplicate registration packet.............. 2.00
19 (5) Branch office certificate.................. 10.00
20 Section 219. State Registration Board for Professional
21 Engineers.
22 Activity Fee
23 (1) Application for registration - professional
24 engineer................................... $ 50.00
25 (2) Biennial registration - engineer........... 25.00
26 (3) Biennial registration - surveyor........... 25.00
27 (4) Application for registration as professional
28 engineer by engineer-in-training........... 25.00
29 (5) Application for registration as registered
30 surveyor................................... 50.00
19770H1528B3462 - 13 -
1 (6) Application for registration as
2 engineer-in-training....................... 25.00
3 (7) Application for temporary permit to practice
4 engineering................................ 25.00
5 (8) Application for temporary permit to practice
6 surveying.................................. 25.00
7 (9) Application for certificate of approval for
8 fictitious name............................ 25.00
9 (10) Application for certificate of approval of
10 corporate name............................. 25.00
11 Section 220. State Board of Examiners of Public Accountants.
12 Activity Fee
13 (1) Examination fee for the purpose of becoming
14 certified.................................. $ 50.00
15 (2) Reexamination fee.......................... 50.00
16 Less $5 for each passing credit earned in
17 previous exams but in no event less than... 30.00
18 (3) Biennial permit fee - not to exceed........ 30.00
19 (4) Reciprocal application fee................. 50.00
20 (5) Corporate application fee.................. 50.00
21 (6) Partnership and professional association
22 application fee............................ 50.00
23 (7) Amendment fee - corporations, partnerships
24 and professional associations.............. 10.00
25 (8) Public accountants application............. 50.00
26 Section 221. State Board of Psychologist Examiners.
27 Activity Fee
28 (1) Application for license and examination.... $ 50.00
29 (2) Biennial renewal of license................ 10.00
30 (3) Third examination fee and each subsequent
19770H1528B3462 - 14 -
1 examination - each examination............. 60.00
2 Section 222. State Real Estate Commission.
3 Activity Fee
4 (1) Fee for examination and certification of
5 registration - real estate broker/limited
6 real estate broker......................... $ 25.00
7 (2) Reexamination fee - real estate broker/
8 limited real estate broker................. 10.00
9 (3) Biennial license fee for each additional
10 office - real estate broker/limited real
11 estate broker.............................. 20.00
12 (4) Biennial registration fee - real estate
13 broker/limited real estate broker.......... 25.00
14 (5) All certification fees..................... 5.00
15 (6) Application for corporation, partnership,
16 association or additional licenses for
17 brokers of record, partners or officers.... 25.00
18 (7) All applications for licensure by
19 reciprocity................................ 25.00
20 (8) Examination and certification of registra-
21 tion - real estate salesman/builder owner
22 salesman................................... 20.00
23 (9) Reexamination - real estate salesman/
24 builder owner salesman..................... 10.00
25 (10) Biennial registration fee - real estate
26 salesman/builder owner salesman........... 20.00
27 (11) Limited real estate salesman license....... 5.00
28 (12) Biennial registration as limited salesman.. 5.00
29 (13) Initial branch office license.............. 10.00
30 (14) Biennial renewal - corporation, partnership
19770H1528B3462 - 15 -
1 or association............................. 25.00
2 (15) Biennial renewal - broker of record,
3 associate broker, officer or partner....... 25.00
4 (16) Real estate schools other than colleges
5 and universities - initial approval........ 50.00
6 (17) Annual renewal for real estate schools
7 other than colleges and universities....... 25.00
8 Section 223. State Board of Veterinary Medical Examiners.
9 Activity Fee
10 (1) Temporary permit to practice veterinary
11 medicine for applicant for admission to
12 examination (one-half of fee to be applied
13 to examination fee)........................ $ 50.00
14 (2) Application for examination for licensure
15 to practice veterinary medicine............ 50.00
16 (3) Reinstatement of license within one year
17 of expiration - reinstatement fee.......... 10.00
18 plus regular
19 biennial fee
20 (4) Biennial registration fee.................. 10.00
21 Section 224. Collection.
22 The Bureau of Professional and Occupational Affairs shall
23 collect the fees for which this act provides. However, nothing
24 in this act shall prevent the collection of fees by the bureau
25 which are otherwise authorized and which are not inconsistent
26 with the provisions of this act.
27 Section 225. Late renewal.
28 Where a license is renewed beyond the date specified for
29 renewal by the bureau, a fee of $5 for each month or part of a
30 month beyond the renewal date shall be charged in addition to
19770H1528B3462 - 16 -
1 the prescribed fee.
2 Section 226. Duplicate license.
3 The fee for the issuance of a duplicate license shall be $5
4 in all cases.
5 Section 227. Duplicate certificate.
6 The fee for the issuance of a duplicate certificate shall be
7 $10 in all cases.
8 CHAPTER 3
9 DISPOSITION OF FUNDS
10 Section 301. Professional Licensure Augmentation Account.
11 Beginning July 1, 1978 and thereafter, all moneys collected
12 by the Bureau of Professional and Occupational Affairs shall be
13 paid into the Professional Licensure Augmentation Account which
14 is hereby created and which shall be a special restricted
15 receipts account within the General Fund. Moneys in such account
16 shall be used only for the support of the operation of the
17 bureau and the various regulatory boards.
18 Section 302. Appropriations from account.
19 The General Assembly shall annually appropriate for payment
20 of the costs of processing licenses and renewals, for the
21 operation of the various regulatory boards, and for other
22 general costs of bureau operations, moneys available from the
23 Professional Licensure Augmentation Account.
24 Section 303. Budget preparation.
25 In preparing the proposed budget for bureau operations for
26 each year, the Commissioner of Professional and Occupational
27 Affairs shall consult with the boards and commissions under his
28 jurisdiction to determine their budgetary requirements for the
29 upcoming year. The commissioner shall submit for each board of
30 the bureau, in addition to any information requested or
19770H1528B3462 - 17 -
1 prescribed by the Secretary of the Budget, Secretary of the
2 Commonwealth, the Chairman of the House Appropriations Committee
3 and the Chairman of the Senate Appropriations Committee, the
4 following information, for the most recent fiscal year:
5 (1) number of applications for licenses received;
6 (2) number of new and renewal licenses issued;
7 (3) number of applicants failing to qualify for licenses;
8 (4) number of inspections completed;
9 (5) number of violations cited;
10 (6) number of violations corrected;
11 (7) licensees prosecuted;
12 (8) amount of expenditures incurred, classified in terms
13 of administration, enforcement and investigation;
14 (9) the amount of fee revenue by type of license issued.
15 (10) personnel complement filled and vacant; and
16 (11) number of applications not processed by June 30 of the
17 previous fiscal year.
18 Section 304. Savings provision.
19 Nothing in this chapter shall be construed to affect section
20 30 of the act of September 29, 1961 (P.L.1745, No.708), known as
21 "The Auctioneers' License Act," or section 907 of the act of
22 October 15, 1975 (P.L.390, No.111), known as the "Health Care
23 Services Malpractice Act." ACT" OR TO DENY THE STATE BOARD OF <--
24 MEDICAL EDUCATION AND LICENSURE THE FULL USE OF ALL FEES,
25 CHARGES, AND FINES IT COLLECTS.
26 Section 305. Transitional provisions.
27 (a) For the remainder of fiscal year 1977-1978, such
28 additional moneys as are attributable to the increased fees
29 provided by this act are hereby appropriated to the Department
30 of State for the operation of the department, but such moneys
19770H1528B3462 - 18 -
1 shall not be spent until such expenditures are approved by the
2 Secretary of the Budget and the Chairmen of the House and Senate
3 Appropriations Committees. If any of such moneys remain
4 unapproved on July 1, 1978, such moneys shall be paid into the
5 Professional Licensure Augmentation Account.
6 (b) For the purposes of the license period normally ending
7 February 28, 1978 for those licensed pursuant to the act of May
8 1, 1929 (P.L.1216, No.427), known as the "Real Estate Brokers
9 License Act of one thousand nine hundred and twenty-nine," such
10 licenses shall not expire on February 28, 1978, but shall remain
11 in effect until April 15, 1978. The new license period shall
12 begin at such time. The provisions of this subsection shall
13 apply only to the license period beginning in 1978. Thereafter,
14 the licenses shall expire February 28 as currently provided by
15 law.
16 (C) THE TERM OF THE INCUMBENT COMMISSIONER OF PROFESSIONAL <--
17 AND OCCUPATIONAL AFFAIRS SHALL EXPIRE 90 DAYS AFTER THE
18 EFFECTIVE DATE OF THIS ACT. THEREAFTER THE GOVERNOR SHALL
19 NOMINATE IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION
20 OF THE COMMONWEALTH OF PENNSYLVANIA AND, BY AND WITH THE ADVICE
21 AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE,
22 APPOINT THE COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL
23 AFFAIRS, WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
24 CHAPTER 4 <--
25 REVIEW OF BOARDS AND COMMISSIONS
26 Section 401. Termination of boards, commissions of the Bureau
27 of Professional and Occupational Affairs.
28 (a) Schedule.--Unless specifically authorized to continue in
29 being and function by act of the General Assembly subsequent to
30 the effective date of this act, every board and commission
19770H1528B3462 - 19 -
1 heretofore created by law, or by resolution adopted jointly by
2 the House of Representatives and the Senate or by either of
3 them, shall wind up its affairs and go out of existence
4 according to the following schedule:
5 (1) On July 1, 1979:
6 State Board of Motor Vehicle Manufacturers, Dealers
7 and Salesmen
8 The State Registration Board for Professional
9 Engineers
10 The State Board for the Examination of Public
11 Accountants
12 The State Board of the Examination of Architects
13 The State Board of the Examination of Landscape
14 Architects
15 The State Real Estate Commission
16 The State Board of Pharmacy
17 (2) On July 1, 1980:
18 The State Board of Cosmetology
19 The State Board of Barber Examiners
20 The State Board of Funeral Directors
21 The State Board of the Examination of Auctioneer
22 Examiners
23 The State Board of Nursing Home Examiners
24 The State Board of Podiatry Examiners
25 The State Board of Veterinary Medical Examiners
26 (3) On July 1, 1981:
27 The State Board of Medical Education and Licensure
28 The State Board of Nurse Examiners
29 The State Dental Council and Examining Board
30 The State Board of Optometrical Examiners
19770H1528B3462 - 20 -
1 The Pennsylvania Board of Psychologist Examiners
2 The State Board of the Examination of Chiropractic
3 Examiners
4 The State Board of Osteopathic Examiners
5 The State Board of Physical Therapist Examiners
6 (b) General provision.--Any agency omitted for the above
7 list would be subject to provisions of this act.
8 (c) Terms.--The terms of officers and members of any
9 reestablished or re-created boards, commissions or agencies
10 shall not be altered in any manner whatsoever at the time of
11 their reestablishment or re-creation or at any other time.
12 (d) Review.--Reviews by the committee of reference in the
13 General Assembly shall be completed at least three months before
14 the expiration of the agency concerned.
15 Section 402. Terms of office for members of boards, councils,
16 commissions and agencies.
17 Notwithstanding any law presently or hereafter enacted,
18 except as to such boards, commissions, agencies or councils
19 reestablished or re-created by Act of Assembly hereafter
20 approved, the terms of all officers of any board, commission,
21 council or agency shall end on the same date as the agency set
22 forth in section 401.
23 Section 403. Transitional termination provisions.
24 Whenever any program or agency is terminated or abolished
25 pursuant to this section, the following provisions shall apply:
26 (1) Upon termination, each board, council, commission or
27 agency shall continue in existence until July 1 of the next
28 succeeding year for the purpose of winding up its affairs.
29 Termination shall not reduce or otherwise limit the powers or
30 authority of each respective agency, board, council or
19770H1528B3462 - 21 -
1 commission during that period. Upon the expiration of the one
2 year after termination, each respective agency, board,
3 council or commission shall cease all activities.
4 (2) This act shall not cause the dismissal of any claim
5 or right of a citizen against any such agency, board, council
6 or commission or any claim or right of any agency, board,
7 council or commission terminated pursuant to this act which
8 is subject to litigation.
9 (3) The General Assembly shall not terminate the
10 existence or power of any agency which is created as a result
11 of an interstate compact except in accordance with the
12 provisions of the compact for termination of membership.
13 (4) Whenever any agency is terminated pursuant to the
14 provisions of this act, the Commonwealth shall assume full
15 responsibility for the payment of any outstanding bonded
16 indebtedness of the terminated agency.
17 Section 404. Continuation or reestablishment of boards,
18 councils, commissions and agencies.
19 The life of any board, council, commission or agency
20 scheduled for termination under this section may be continued or
21 reestablished by the General Assembly for periods not to exceed
22 six years.
23 Any newly created commission, board, council or agency shall
24 have a life not to exceed six years and shall be subject to the
25 provisions of this act.
26 CHAPTER 5 4 <--
27 REPEALS
28 Section 501. 401. Specific repeals. <--
29 (a) The following acts or parts of acts are hereby repealed
30 insofar as they establish fixed fees inconsistent with those
19770H1528B3462 - 22 -
1 fees contained in this act. To the extent such acts or parts of
2 acts authorize the fixing of fees by an agency for which a fee
3 has been set forth in this act, such acts shall not be construed
4 to be repealed or superseded by this act and those provisions
5 authorizing the fixing of fees by any agency shall remain in
6 effect:
7 Sections 8, 10 and 13, act of March 19, 1909 (P.L.46, No.29),
8 referred to as the Osteopathic Practice Law.
9 Sections 7 and 10, act of March 30, 1917 (P.L.21, No.10),
10 referred to as the Optometry Practice Law.
11 Sections 7(b) and (c), 10 and 11(b), act of July 12, 1919
12 (P.L.933, No.369), referred to as the Architects Registration
13 Law.
14 Sections 7(b), 8 and 9, act of May 1, 1929 (P.L.1216,
15 No.427), known as the "Real Estate Brokers License Act of one
16 thousand nine hundred and twenty-nine."
17 Sections 3, 5, 8 and 12, act of June 19, 1931 (P.L.589,
18 No.202), referred to as the Barbers' License Law.
19 Section 4, act of May 1, 1933 (P.L.216, No.76), known as "The
20 Dental Law."
21 Section 16, act of May 3, 1933 (P.L.242, No.86), referred to
22 as the Beauty Culture Law.
23 Section 9, act of May 23, 1945 (P.L.913, No.367), known as
24 the "Professional Engineers Registration Law."
25 Section 8.2, act of May 26, 1947 (P.L.318, NO.140), known as
26 "The C. P. A. Law."
27 Sections 6 and 10(a), act of May 22, 1951 (P.L.317, No.69),
28 known as "The Professional Nursing Law."
29 Section 9, act of August 10, 1951 (P.L.1182, No.264), known
30 as the "Chiropractic Registration Act of 1951."
19770H1528B3462 - 23 -
1 Sections 4, 9 and 10, act of March 2, 1956 (P.L.1206,
2 No.375), known as the "Podiatry Act of 1956."
3 Sections 5 and 13, act of March 2, 1956 (P.L.1211, No.376),
4 known as the "Practical Nurse Law."
5 Sections 3 and 4(f), act of September 27, 1961 (P.L.1700,
6 No.699), known as the "Pharmacy Act."
7 Section 13, act of September 29, 1961 (P.L.1745, No.708),
8 known as "The Auctioneers' License Act."
9 Sections 6 and 9, act of September 9, 1965 (P.L.499, No.254),
10 known as the "Motor Vehicle Manufacturer's, Dealer's and
11 Salesmen's License Act."
12 Section 5, act of January 24, 1966 (1965 P.L.1527, No.535),
13 known as the "Landscape Architects' Registration Law."
14 Sections 6(a), 9(b) and 10, act of June 22, 1970 (P.L.378,
15 NO.122), known as the "Nursing Home Administrators License Act."
16 Sections 6(a)(4) and 15, act of March 23, 1972 (P.L.136,
17 No.52), referred to as the Psychologists License Act.
18 Section 10, act of December 27, 1974 (P.L.995, No.326), known
19 as the "Veterinary Medicine Practice Act."
20 Sections 5, 6(d) and (g), and 7, act of October 10, 1975
21 (P.L.383, No.110), known as the "Physical Therapy Practice Act."
22 (b) All acts or parts of acts inconsistent with the
23 provisions of this act relating to the collection and payment of
24 fees as herein provided are hereby repealed to the extent of the
25 inconsistency.
26 Section 502. 402. General repeal. <--
27 All other acts or parts of acts inconsistent herewith are
28 hereby repealed to the extent of any inconsistency.
29 CHAPTER 6 5 <--
30 MISCELLANEOUS PROVISIONS
19770H1528B3462 - 24 -
1 Section 601. 501. Savings clause. <--
2 The provisions of this act shall not affect any act done,
3 liability incurred or right accrued or vested, or affect any
4 suit or prosecution pending or to be instituted to enforce any
5 right or penalty or punish any offense under the authority of
6 any act or part thereof repealed by this act.
7 Section 602. 502. Effective date. <--
8 This act shall take effect immediately.
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