VOLUME 48, ISSUE 11
June 6, 2016
Law and Public Safety
Division of Consumer Affairs
New Jersey Board of Nursing
Proposed Amendments: N.J.A.C. 13:37-5.2 and 7.2
Biennial License Renewal; Educational Requirements for Certification; Biennial Certificate Renewal; Certificate Suspension; Reinstatement of Suspended Certificate; Inactive Status; Return from Inactive Status; Sexual Misconduct
Authorized By: New Jersey Board of Nursing, Joanne Leone, Acting Executive Director.
Authority: N.J.S.A. 45:11-24.
Proposal Number: PRN 2016-085.
Submit written comments by August 5, 2016, to:
Joanne Leone, Acting Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101
The agency proposal follows:
N.J.A.C. 13:37-5.5(a) includes an alternative to discipline surcharge in the list of fees that the Board of Nursing (Board) charges registered professional nurses and licensed practical nurses in connection with licensure. The Board proposes to amend N.J.A.C. 13:37-5.2 to clarify that the surcharge must be submitted to the Board when a registered professional nurse or licensed practical nurse renews, reinstates, or reactivates his or her license.
N.J.A.C. 13:37-7.2 establishes the required education advanced practice nurses must obtain to be certified. The rule requires that applicants complete a masters degree. The Board is aware that doctoral degree programs in advanced practice nursing are offered where participants may not have attained a masters degree. To permit individuals that complete such programs to qualify for certification as advanced practice nurses, the Board proposes to amend N.J.A.C. 13:37-7.2 to recognize that individuals who complete doctoral degrees in nursing have met the educational requirement.
The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
The Board anticipates that allowing nurses who hold doctoral degrees to obtain certification as advanced practice nurses will benefit these nurses and the patients who will receive services from these highly educated individuals. The Board does not anticipate that the proposed amendments will have any other impact on society.
The proposed amendments to N.J.A.C. 13:37-5.2 clarify that licensees are required to pay the alternative to discipline surcharge upon renewal. This will have an economic impact on licensees as they will bear the cost of paying this fee. The Board does not anticipate that the proposed amendments will have any other economic impact.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
The Board does not believe that the proposed amendments will result in an increase or decrease in the number of jobs in New Jersey.
Agriculture Industry Impact
The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Since registered professional, licensed practical nurses and advanced practice nurses are individually licensed or certified by the Board under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The proposed amendments do not impose any costs and the Board does not believe that nurses will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting or recordkeeping requirements, but impose a compliance requirement upon nurses as detailed in the Summary above.
The proposed amendments ensure that the Board is covering the expenses it incurs in processing reinstatement applications and ensure that nurses understand that the alternative to discipline surcharge is due when they renew, reinstate, or reactivate licenses. Therefore, no differing compliance requirements are imposed upon any licensee or nursing education program based upon the size of the business.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments concern alternative to discipline surcharges and educational requirements for advanced practice nurse certifications.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern alternative to discipline surcharges and educational requirements for advanced practice nurse certifications.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 5. GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE
13:37-5.2 Biennial license renewal
(a)-(b) (No change.)
(c) The licensee shall submit the renewal application and pay the renewal fee and the alternative to discipline surcharge pursuant to N.J.A.C. 13:37-5.5(a)6 and 12 prior to the date of expiration of the license. If the licensee does not renew the license prior to its expiration date, the license shall expire, but the licensee may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee, [and] a late fee, and the alternative to discipline surcharge pursuant to N.J.A.C. 13:37-5.5(a)6, [and] 7, and 12. A licensee who fails to renew the license within 30 days after the expiration date of the license shall be administratively suspended without a hearing.
(d) (No change.)
[page=946] (e) A person seeking reinstatement within five years following an administrative suspension of a license pursuant to (c) above shall submit the following to the Board:
1. (No change.)
2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:37-5.5(a)6 and the alternative to discipline surcharge fees as set forth in N.J.A.C. 13:37-5.5(a)12;
3.-5. (No change.)
(f)-(h) (No change.)
(i) A licensee who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon submission of the following:
1.-2. (No change.)
3. An affidavit of employment listing each job held during the period the licensee was on inactive status, which includes the name, address, and telephone number of each employer; [and]
4. The alternative to discipline surcharge fee as set forth in N.J.A.C. 13:37-5.5(a)12; and
[4.] 5. (No change in text.)
(j) (No change.)
SUBCHAPTER 7. CERTIFICATION OF ADVANCED PRACTICE NURSES
13:37-7.2 Educational requirements for certification
(a) An applicant for certification as an advanced practice nurse shall possess[;]:
1. A masters or doctoral degree in nursing from a school accredited by a nursing accrediting association recognized by the U.S. Department of Education; or
2. A masters or doctoral degree in nursing and shall have completed a post-masters or post-doctoral program that focuses on an advanced practice nursing specialty from a school accredited by a nursing accrediting association recognized by the U.S. Department of Education.
(b)-(d) (No change.)