SENATE AMENDED
        PRIOR PRINTER'S NOS. 1837, 2447, 2552,        PRINTER'S NO. 3382
        2667, 2927, 3207

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1528 Session of 1977


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










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