NEW JERSEY REGISTER
VOLUME 37, NUMBER 9
MONDAY, MAY 2, 2005
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF DENTISTRY
FEE SCHEDULES

Proposed Amendment: N.J.A.C. 13:30-8.1

Authorized By: New Jersey State Board of Dentistry, Sally-Jo Placa, D.M.D., President.

Authority: N.J.S.A. 45:6-1 et seq., 45:1-3.2 and 45:1-15.1.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-158.

Submit comments by July 1, 2005 to:

Joanne Boyer, Acting Executive Director

New Jersey State Board of Dentistry

124 Halsey Street

PO Box 45005

Newark, New Jersey 07101

The agency proposal follows:

Summary

The New Jersey State Board of Dentistry (the Board) proposes to amend N.J.A.C. 13:30-8.1, which sets forth the Board's fee schedules for dentists, dental branch offices, dental hygienists, registered dental assistants, limited registered dental assistants, limited registered orthodontic assistants, and industrial and corporate clinics. Pursuant to N.J.S.A. 45:1-3.2, all professional and occupational licensing boards must fund their operating costs through the assessment of licensing and other fees. The statute further requires the fees to be set at a level that will raise sufficient funds to meet, but not exceed, the estimated amount needed to cover costs. The proposed new fee schedules comply with these statutory requirements.

Based on the analysis conducted by the Division of Consumer Affairs, the Board is proposing that all initial and renewal license and registration fees be increased for dentists, dental branch offices, dental hygienists, registered dental assistants, limited registered dental assistants, and limited registered orthodontic assistants to raise revenues to meet anticipated expense levels consistent with the Board's statutory obligation. The Board is also proposing an increase in the initial and renewal branch office registration fees imposed upon dentists as well as an increase to the annual renewal fee currently charged to all industrial and corporate agencies which operate dental clinics pursuant to the requirements of N.J.A.C. 13:30-4.

In addition, the Board is proposing to eliminate the fee charge related to a licensee or registrant changing his or her address. The Board also proposes to make technical amendments clarifying nomenclature so that the fee schedules are consistent in their references with other portions of N.J.A.C. 13:30.

The fees established in N.J.A.C. 13:30-8.1 provide the Board with its primary source of revenue and are all allocated to the Board's ongoing maintenance costs including: salaries of Board staff and Board member per diem compensation; costs incurred in regulating the licensed community, such as reviewing and filing data submitted by licensees; responding to complaints and concerns of consumers and the public at large; adjudicating disciplinary matters with regard to licensees; regulating compliance requirements of licensees; and the general regulation of the licensed community. Moreover, the Board must reimburse different Divisions and Bureaus of the State for services rendered and costs prorated to the Board for various initiatives. These costs include: costs allocable to the Division of Law for legal services; costs incurred by the Enforcement Bureau of the Division of Consumer Affairs for routine and special inspections and investigations of licensees' facilities and practices; and compliance costs of Division-wide initiatives, such as the purchase and implementation of a Division-wide licensing database system.

The Board, pursuant to N.J.S.A. 45:1-3.2, must establish and/or increase fees to cover its expenses. The fees that are the subject of this proposal are necessary for the Board to perform its statutory obligations to the regulated community and to the public at large in maintaining professional and ethical business practices in the practice of dentistry. As a result of significant fringe benefit increases as well as significantly increasing costs for enforcement activities, an increase in fees is now necessary to ensure that the Board will generate sufficient funds to cover expenses for the next biennial licensing period.

The Board notes that a separate proposal to readopt N.J.A.C. 13:30, pursuant to Executive Order No. 66(1978) and N.J.S.A. 52:14B-5.1, published on April 18, 2005, in the New Jersey Register at 37 N.J.R. 1149(a), if adopted, would readopt N.J.A.C. 13:30-8.1 without change.

The Board has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The proposed amendments will affect all applicants obtaining their initial licenses and registrations as well as all licensees and registrants choosing to have their biennial licenses and registrations renewed for the following professions: dentists, dental hygienists, registered dental assistants, limited registered dental assistants, and limited registered orthodontic assistants. In addition, dentists maintaining branch offices as well as individuals and entities seeking to renew dental clinic permits obtained pursuant to N.J.A.C. 13:30-4 will be affected. Individuals and entities that submit changes of addresses will be affected by the elimination of the related fee.

The proposed fee increases will enable the Board to continue to meet its operating expenses incurred in fulfilling its statutory obligations to evaluate applicants for licensure, investigate complaints, initiate appropriate disciplinary and enforcement actions and regulate the practice of dentistry.

Economic Impact

The proposed new fee schedules will have an economic impact on approximately 17,460 licensed individuals and clinics as well as applicants for licensure and registration who will be required to pay increased licensing and registration fees.

The Board proposes that the initial license fee for dentists be increased from $280.00 to $390.00 for fees paid during the first year of a biennial renewal period and from $140.00 to $195.00 for fees paid during the second year of a biennial renewal period. The Board proposes that the biennial license renewal fee be increased from $280.00 to $390.00 for active status and from $110.00 to $140.00 for inactive status.

For dental branch offices, the Board proposes that the initial registration fee be increased from $70.00 to $90.00 for fees paid during the first year of a biennial renewal period and from $35.00 to $45.00 for fees paid during the second year of a biennial renewal period. The Board proposes that the biennial registration renewal fee be increased from $70.00 to $90.00.

For dental hygienists, the Board proposes that the initial license fee be increased from $80.00 to $120.00 for fees paid during the first year of a biennial renewal period and from $40.00 to $60.00 for fees paid during the second year of a biennial renewal period. The Board proposes that the biennial license renewal fee be increased from $80.00 to $120.00 for active status and from $40.00 to $50.00 for inactive status.

For registered dental assistants, limited registered dental assistants and limited registered orthodontic assistants, the Board proposes that the initial registration fee be increased from $80.00 to $90.00 for fees paid during the first year of a biennial renewal period and from $40.00 to $45.00 for fees paid during the second year of a biennial renewal period. The Board proposes that the biennial registration renewal fee be increased from $80.00 to $90.00 for active status, and the Board proposes a new $50.00 fee for inactive status registration.

For industrial and corporate dental clinics, the Board proposes that the annual registration fee be increased from $80.00 to $100.00.

For all licensees and registrants, the Board proposes that the $15.00 change of address fee be eliminated.

The proposed fee increases and new fee will generate sufficient revenues to enable the Board to continue to comply with N.J.S.A. 45:1-3.2, which requires all professional and occupational licensing Boards within the scope of subtitle 1 of Chapter 45 to raise funds to cover operating costs. In compliance with the statute, the sums to be raised are estimated not to exceed the amount required to fund the Board's operations. The proposed amendments do not impose any direct costs on the public.

Federal Standards Statement

A Federal standards analysis is not required because the proposed rule amendments are not subject to any Federal standards or requirements.

Jobs Impact

The Board does not expect that the proposed rule amendments will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The Board believes that the proposed rule amendments will not affect the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires that the Board provide a description of the types and an estimate of the number of small businesses to which the rules apply. If, for purposes of the Act, the approximately 17,460 licensees of the Board and Committees under the Board are considered "small businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements including the kind of professional services likely to be needed to comply with the requirements of the proposed rule amendments.

The Board does not believe that the proposed rule amendments will require any additional reporting or recordkeeping requirements. Compliance requirements consist of paying an increased initial license or registration fee and an increased renewal fee in a timely manner. The compliance costs are set out under the Economic Impact above. There are no capital costs associated with compliance, and no professional services are needed in order to comply. The increased initial and renewal license and registration fees and new fee have been set at the lowest amount that will cover the Board's operating expenses. To ensure a sufficient source of revenue and assess the fees equally among all licensees, no difference in fees is proposed based on the size of the licensee's business.

Smart Growth Impact

The Board does not believe that the proposed rule amendments will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows :

<< NJ ADC 13:30-8.1 >>

13:30-8.1 Fee schedules

(a) The application fees charged by the <<+New Jersey State+>> Board of Dentistry shall be the following:

1.-4. (No change.)

(b) The biennial <<+license and+>> registration fees charged by the <<+ New Jersey State+>> Board of Dentistry shall be the following:

1. Dentists:

i. Initial license fee:

(1) If paid during the first year of a biennial renewal period ............................................ $390.00
(2) If paid during the second year of a biennial renewal period .................................... $195.00
ii. Active license renewal .................................... $390.00
iii. Inactive license renewal .................................. $140.00
iv. Initial branch office registration, dentist:
(1) If paid during the first year of a biennial renewal period ............................................ $ 90.00
(2) If paid during the second year of a biennial renewal period .................................... $ 45.00
v. Branch office renewal registration renewal, dentist ....... $ 90.00

2. Dental Hygienists:
i. Initial license fee:
(1) If paid during the first year of a biennial renewal period ............................................ $120.00
(2) If paid during the second year of a biennial renewal period .................................... $ 60.00
ii. Active license renewal .................................... $120.00
iii. Inactive license renewal .................................. $ 50.00
3. Registered Dental Assistants, Limited Registered Dental Assistants and Limited Registered Orthodontic Assistants:
i. Initial registration fee:
(1) If paid during the first year of a biennial renewal period ............................................ $ 90.00
(2) If paid during the second year of a biennial renewal period .................................... $ 45.00
ii. Active registration renewal ............................... $ 90.00
iii. Inactive registration renewal ............................. $ 50.00

(c)-(d) (No change.)

(e) Other fees:

1.-2. (No change.)

3. Licensure of dentists by credentials--application fee .......... $250.00
4. Licensure of dental hygienists by credentials--application fee . $125.00
5.-7. (No change.)
8. Industrial or corporate dental clinic permit
i. (No change.)
ii. Annual renewal .......................................... $100.00

(f) (No change.)



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