Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS STATE BOARD OF PODIATRY [49 PA. CODE CH. 29] Continuing Education [33 Pa.B. 5916] The State Board of Podiatry (Board) amends Chapter 29 by listing a preapproved course provider from which licensees can obtain the requisite amount of continuing education credits in a biennial period to read as set forth in Annex A. The Board also amends Chapter 29 by instituting fees for reviewing continuing education waivers or extension requests and reinstatement of license requests following inactive or expired status to read as set forth in Annex A.
A. Effective Date
The amendments will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under sections 9, 9.1 and 15 of the Podiatry Practice Act (act) (63 P. S. §§ 42.9, 42.9a and 42.15).
C. Background and Purpose
The final-form rulemaking was precipitated by problems that occurred during the biennial renewal period ending December 31, 2000. During that renewal period, approximately nine continuing education providers filed applications for course approval with the Board after the October 18, 2000, Board meeting. The conferences had already taken place, but had not yet been approved as providing acceptable continuing education credits for the Board's licensees. Those applications could not be considered by the Board until the following meeting, which took place in January 2001, after the renewal period had already passed. This created an enormous problem for licensees who had relied on the credits they received from those conferences to effectuate their biennial registration.
To avoid this problem during the ensuing biennial renewal periods, the Board amends its continuing education regulations to include a preapproved course provider. Instituting the Council on Podiatric Medical Education (CPME) as a preapproved provider would further eliminate the Board's task of sifting through lengthy course applications at each meeting and voting whether to approve or disapprove the individual courses.
The proposed rulemaking was published at 32 Pa.B. 5759 (November 23, 2002).
D. Description of Final-Form Rulemaking
Section 29.13 (relating to fees) is amended by adding the following fees:
Application Current Fee Amended Fee Review of continuing education waiver or extension requests 0 $50 Review of reinstatement of license requests following inactive or expired status 0 $25 Section 29.60 (relating to definitions) is added to define ''biennium,'' ''certification,'' ''clock hour'' and ''provider.''
Section 29.61 (relating to requirements for biennial renewal and eligibility to conduct educational conferences) adds the requirements for biennial renewal, emphasizing that it is the responsibility of the licensee to ensure that the licensee has met the required 30 hours of credit per biennium. Applicants for license renewal are required to provide to the Board a signed statement certifying that the licensee has complied with the continuing education requirements. In the past, problems with noncompliance have arisen because licensees have not been diligent in complying with the Board's regulations that only courses approved by the Board will be accepted as continuing education credit. Additionally, subsection (a) informs the licensee that a maximum of 10 clock hours of computer/Internet, self-study magazine or journal article courses will be accepted by the Board.
Sections 29.62 and 29.63 (relating to length of time of educational conferences; and curriculum of educational conferences) are amended to provide that educational conferences shall offer at least 1 hour of instruction, instead of the current 4 hours. This is intended to give both licensees and providers increased flexibility.
The most important addition to the Board's continuing education requirements is § 29.63a (relating to preapproved course provider). Courses or programs offered or approved by the CPME will be accepted by the Board for continuing education credit.
Section 29.64 (relating to applications for approval of educational conferences) is amended to approve educational conferences by having the applicant--licensee or provider--submit an application for program/course approval if the licensee chooses to attend a program that is not offered by the preapproved provider or if a provider would like to gain Board approval for a particular program it is offering. Section 29.64(b) is amended by requiring detailed information about the prospective course. The Board felt that a copy of the program brochure or the course syllabus, or both, would be sufficient.
Section 29.67 (relating to approval or disapproval of educational conferences) provides that the Board will notify the designated person stated on the application for course/conference approval as to the approval or disapproval of the application within 30 days of action taken by the Board at the next scheduled Board meeting. This amends the current regulation which requires the Board to take action on an application within 30 days of receipt of the application. The amendment is necessary because the Board meets bimonthly. When an application for approval of an educational course or conference arrives within a month subsequent to a meeting, the Board is unable to meet the current 30 day requirement because the Board meets every 60 days. With the amendment, even if the application arrives right after a Board meeting, the Board has 30 days from the time of the next board meeting to notify the designated person stated on the application whether or not the course/conference has been approved.
Section 29.68 (relating to continuing education exemptions) adds a provision allowing for waivers of the continuing education requirements for serious illness or other demonstrated hardship. In addition, a fee shall be assessed for review of waiver or extension requests. Section 29.13 is amended to reflect this new fee.
Section 29.69 (relating to continuing education requirement for biennial renewal of inactive and lapsed licenses) states that a licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium. In addition, a fee of $25 shall be assessed for reactivation of an inactive or lapsed license. This fee is also reflected in § 29.13.
Section 29.69a (relating to disciplinary action authorized) notifies the licensee that submission of fraudulent information to the Board or failure to complete the required number of continuing education credits may result in disciplinary action. This section was published as § 29.70 in the proposed rulemaking and is renumbered in the final-form rulemaking.
E. Comment and Regulatory Review of Proposed Rulemaking
Publication of the proposed rulemaking was followed by a 30-day public comment period during which the Board received no public comments.
Following the close of the public comment period, the Board received comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC). The Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC).
The following are the comments submitted by the HPLC and IRRC and the Board's responses:
1. In response to the HPLC's suggestion that course providers be required to retain documentation of attendance at courses as a backup means to authenticate attendance in the event a licensee's documentation is lost or comes into question, the Board will retain § 29.65 (relating to compilation of official attendance list).
2. The HPLC requested an explanation as to how continuing education will be accomplished through computer/Internet, magazine or journal article courses.
The Commonwealth and Texas are the only two states that currently do not accept these kinds of courses for continuing education. To receive credit through an Internet course, a licensee must pay a fee to log into thecourse, provide a license number, complete the entire course and take a self-examination, which is then submitted to the CPME-approved provider. After a licensee has read a magazine or journal article, a self-examination must be completed, which is then sent to the CMPE approved provider along with a fee.
3. The HPLC and IRRC requested an explanation as to why American Medical Association (AMA) and American Osteopathic Association (AOA) courses relevant to the practice of podiatry, which appeared in the exposure draft, were excluded from the proposed rulemaking.
In response to the exposure draft of the amendments, the executive director of the Pennsylvania Podiatric Medical Association (PPMA) sent a persuasive letter to the Board in which objected to the inclusion of the AMA and the AOA courses. The following reasons were cited:
(a) The American Podiatric Medical Association works closely with the CPME to assure that the substance and presentation of a program granting continuing education credits is in compliance with the requirements of the CPME.
(b) The PPMA has, in the past, run programs with the Pennsylvania Medical Society, which have not had required attendance tracking efforts.
(c) Attendance verification is one of the hallmarks of the CPME programs.
(d) The operation of continuing education programs through the CPME is a source of income to benefit the profession and its continued ability to fund research and maintain quality standards.
In 2002, the CPME approved 68 sponsors. Once a sponsor is approved under the CPME criteria, the sponsor may offer as many courses as it likes. The vast array of courses approved by the CPME encourages licensees to take courses that have already been approved.
However, the Board agrees with the HPLC and IRRC that courses provided by the AMA and the AOA may be of educational value to podiatrists. That the CPME is a preapproved provider does not preclude licensees or AMA/AOA sponsors from seeking course approval from the Board under § 29.64.
4. IRRC recommended that the definition of ''clock hour'' be changed to ''60 minutes of instruction, exclusive of coffee breaks, lunches, visits to exhibits and the like.'' The Board has complied with this recommendation in § 29.60.
5. IRRC commented that if § 29.61(c) requires applicants for license renewal to provide a signed statement certifying compliance with the continuing education requirements ''on forms approved by the Board,'' then the name of the ''form'' and whether it can be downloaded from the Board's website should be included in the final-form rulemaking.
The signed statement appears on the biennial license renewal application itself, not on a separate document or form. Therefore, the Board has clarified this subsection.
6. IRRC questioned whether § 29.61(d) requires a licensee to retain continuing education course attendance certificates for 5 years after the completion of the course or for 5 years after the biennial period during which the course is completed.
Section 29.61(d) has been amended and specifies that the licensee is required to retain attendance certificates for 5 years after the completion of the course.
7. IRRC questioned the Board's statutory authority to implement § 29.68, which provides that the Board ''. . . may waive all or a portion of the continuing education requirement for biennial renewal upon request of a licensee for serious illness or other demonstrated hardship.''
Section 15 of the act authorizes the Board to make reasonable rules and regulations as it deems necessary and proper to carry out the intent and purposes of the act within the scope of the act. Under this statutory provision, the Board, in implementing continuing education regulations under section 9 of the act, has the discretion to decide that disciplinary action not be taken against a licensee who, because of serious illness or demonstrated hardship, cannot obtain continuing education credits. The Board, as well as most licensing authorities, has long recognized that hardship circumstances (such as military service or debilitating illness) may occur that should excuse a licensee's inability to obtain the required continuing education credits. Section 29.68 codifies that discretion.
G. Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector. To the contrary, having a preapproved course provider would reduce the amount of paperwork. The majority of course providers would no longer need to file applications for Board approval which are currently processed by Board staff.
H. Sunset Date
The Board continuously monitors the cost effectiveness of its regulation. Therefore, no sunset date has been assigned.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 7, 2002, the Board submitted a copy of the notice of proposed rulemaking, published at 32 Pa.B. 5759, to IRRC and the Chairpersons of the SCP/PLC and the HPLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the SCP/PLC and the HPLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the SCP/PLC and the HPLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 30, 2003, the final-form rulemaking was deemed approved by the SCP/PLC and the HPLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 23, 2003, and approved the final-form rulemaking.
J. Contact Person
Further information may be obtained by contacting Gina Bittner, Board Administrator, State Board of Podiatry, 116 Pine Street, Post Office Box 2649, Harrisburg, PA 17105-2649, gbittner@state.pa.us.
K. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 32 Pa.B. 5759.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in Part B.
L. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 29, are amended by amending §§ 29.13, 29.61--29.63, 29.64, 29.67 and 29.68 and by adding §§ 29.60, 29.63a, 29.69 and 29.69a to read as set forth in Annex A.
(Editor's Note: Section 29.65 was proposed to be deleted but is being retained in the final-form rulemaking.)
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
JEFFREY S. GERLAND, D.P.M.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 5579 (November 8, 2003).)
Fiscal Note: Fiscal Note 16A-446 remains valid for the final adoption of the subject regulations.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 29. STATE BOARD OF PODIATRY LICENSES § 29.13. Fees
(a) The schedule of fees charged by the Board is as follows:
Initial license $30 Biennial renewal of license $395 License by reciprocity $95 Branch office certificate $20 Application for approval of educational conference $75 Certification of licensure or scores $25 Verification of licensure $15 Application for authorization to perform radiologic procedures $25 Review of continuing education waiver or extension requests $50 Review of reinstatement of license requests following inactive or expired status $25 (b) Fees shall accompany applications and be made payable to the ''Commonwealth of Pennsylvania'' by personal check or money order.
CONTINUING EDUCATION § 29.60. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Biennium--The period from January 1 of an odd-numbered year to December 31 of the next even-numbered year.
Certification--A statement signed by the licensee certifying that continuing education requirements have been met along with information and documentation relative to the course.
Clock hour--Sixty minutes of instruction, exclusive of coffee breaks, lunches, visits to exhibits and the like.
Provider--An agency, organization, institution, association or center approved by the Board to offer an organized course or program.
§ 29.61. Requirements for biennial renewal and eligibility to conduct educational conferences.
(a) As a condition of biennial renewal of a license, a licensee shall have completed 30 clock hours of continuing education during the preceding biennium in acceptable courses and programs in podiatry by approved providers. It is the responsibility of the licensee to ensure that credits used to comply with this continuing education requirement have been approved by the Board. Excess clock hours may not be carried over to the next biennium. A maximum of 10 clock hours of computer/Internet, magazine or journal article courses, which are approved by the Council on Podiatric Medical Education, shall be accepted by the Board.
(b) Providers approved by the Board are eligible to conduct educational conferences.
(c) Applicants for license renewal shall provide, on the renewal application, a signed statement certifying that the continuing education requirements have been met and information to document their certification, including the following:
(1) The date attended.
(2) The clock hours claimed.
(3) The title of the course or program and description of content.
(4) The provider which sponsored the course or program.
(5) The location of the course or program.
(d) The licensee shall retain attendance certificates to document completion of the prescribed number of clock hours for 5 years following the completion of each course, which shall be produced upon demand by the Board or its auditing agents.
§ 29.62. Length of time of educational conferences.
(a) Educational conferences shall offer at least 1 hour of instruction.
(b) Educational conferences will be approved for continuing education credit at the rate of one credit per clock hour of instruction, exclusive of coffee breaks, lunches, visits to exhibits and the like.
§ 29.63. Curriculum of educational conferences.
(a) Basic subjects for educational conferences may include: anatomy, physiology, bacteriology, mycology, pharmacy, chemistry, X-ray, surgery, preoperative care, postoperative care, biomechanics, pathology, dermatology, and law and podiatry.
(b) In addition to the subjects listed in subsection (a), the Board may approve other subjects which it will determine appropriate for a conference. These subjects may be presented to the Board by the institute or organization sponsoring the educational conference.
§ 29.63a. Preapproved course provider.
Courses or programs offered or approved by the Council on Podiatric Medical Education will be accepted for continuing education credit. All courses shall fall within the scope of podiatry practice. The Board will not approve courses or programs, or portions thereof, in office management or in marketing the practice.
§ 29.64. Applications for approval of educational conferences.
The Board may approve other continuing education courses or programs for credit so long as the applicant submits an application furnished by the Board for program approval in compliance with the following:
(1) Course applications shall be submitted to the Board for approval at least 60 days prior to the scheduled date of the proposed educational conference.
(2) The application shall include a copy of the full program brochure or the course syllabus, or both. Further information may be required and shall be submitted in a timely fashion.
(3) The Board shall be notified immediately of material changes in any approved conference. Board approval can be withdrawn should changes in proposed conferences not adhere to the Board's requirements.
§ 29.67. Approval or disapproval of educational conferences.
(a) The Board will notify an applicant for course approval as to the approval or disapproval of the application within 30 days of action taken by the Board at the next scheduled Board meeting.
(b) A notice by the Board that it has failed to approve an application for an educational conference shall include a statement setting forth its reasons for disapproval.
(c) An applicant whose application has been disapproved by the Board may submit a new application within 10 days after the receipt of the disapproval of application by the Board. Applications shall document the manner in which the proposed conference has been altered to comply with the Board's requirements. The applicant will then be notified, as soon as it is within the Board's capability, of the action taken on the new application.
§ 29.68. Continuing education exemptions.
(a) Continuing education credits are not required for the years in which a licensed and currently registered podiatrist is in active military service or engaged in an American Podiatry Association approved Podiatric Residency Program.
(b) The Board may waive all or a portion of the continuing education requirement for biennial renewal upon request of a licensee for serious illness or other demonstrated hardship. The request shall be made in writing, contain supporting documentation, and shall include a description of circumstances sufficient to show why compliance is impossible. A waiver request will be evaluated by the Board on a case-by-case basis. The Board will send written notification of its approval or denial of a waiver request.
(c) A fee shall be assessed for review of waiver or extension requests in accordance with § 29.13 (relating to fees).
§ 29.69. Continuing education requirement for biennial renewal of inactive and lapsed licenses.
(a) A licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium as required by § 29.61 (relating to requirements for biennial renewal and eligibility to conduct educational conferences).
(b) A fee shall be assessed for review of reinstatement of license requests following inactive or expired status in accordance with § 29.13 (relating to fees).
§ 29.69a. Disciplinary action authorized.
A licensed podiatrist who submits a false report or fails to complete the required number of continuing education credits may be subject to disciplinary action.
[Pa.B. Doc. No. 03-2311. Filed for public inspection December 5, 2003, 9:00 a.m.]
