VOLUME 37, ISSUE 21
ISSUE DATE: NOVEMBER 7, 2005
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING
37 N.J.R. 4179(a)
Proposed Amendments: N.J.A.C. 13:37-1.2 and 5.5
Application for Establishment of a New Program in Nursing; Fee Schedule
Authorized By: State Board of Nursing, George Hebert, Executive Director.
Authority: N.J.S.A. 45:1-3.2 and 45:11-24.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-399.
Submit written comments by January 6, 2006 to:
George Hebert, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101
The agency proposal follows:
Pursuant to the rulemaking authority in N.J.S.A. 45:11-24, the New Jersey Board of Nursing (the "Board") proposes amendments to N.J.A.C. 13:37-1.2 and 5.5. The amendments to N.J.A.C. 13:37-1.2 require an educational institution applying to the Board for accreditation to submit the initial accreditation application fee with the application for accreditation. The Board currently charges this fee and proposes this amendment to clarify for the institution as to when this fee must be submitted. The amendments to N.J.A.C. 13:37-5.5 raise fees for initial licensure and licensure renewal for nurses, certified homemaker-home health aides and nurse practitioners/clinical nurse specialists. These amendments also delete a fee for a copy of LPN standards of practice, as the document does not exist and is therefor not available from the Board.
Pursuant to the statutory mandate set forth in N.J.S.A. 45:1-3.2, a professional board's fees must be set at an amount necessary to defray the expenses it incurs in performing its duties, but they may not exceed those expenses. A Division of Consumer Affairs fiscal officer recently completed a financial analysis which revealed that adjustments to these fees are necessary and appropriate to satisfy current and anticipated expense levels and to comport with N.J.S.A. 45:1-3.2.
The Board will be incurring a new cost for processing criminal history background checks required by N.J.S.A. 45:1-28 et seq. that will begin to be administered in fiscal year 2005. While applicants will be required to directly pay for the criminal history background check, the Board will incur costs in reviewing the results of these checks and for data entry associated with these checks. The fiscal officer has also projected increases in a number of expense categories from fiscal year 2005 to fiscal year 2006.
The Board has determined that the comment period for this proposal will 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.
The proposed amendments to N.J.A.C. 13:37-1.2 will clarify for applicants when the initial accreditation application fee is due. The proposed amendments to the fee schedule at N.J.A.C. 13:37-5.5 should produce a positive impact upon the public as the fee increase will provide the Board with the appropriate funding to continue the licensure program and to oversee the conduct of the professionals who render nursing services to the general public.
The proposed amendment to N.J.A.C. 13:37-1.2 clarifies the timing of payment of the initial accreditation application fee and has no economic impact. The proposed amendments to N.J.A.C. 13:37-5.5 will have an economic impact upon all applicants and licensees by increasing fees for initial licenses and biennial renewals. The Board has determined that the proposed fee increases are essential in order for the Board to raise the revenue necessary to continue to discharge its statutory obligation to regulate the nursing profession. The Board believes that the increases are consistent with the statutory provisions contained in N.J.S.A. 45:1-3.2, which allows the Board to charge licensure fees to defray the expenses it incurs.
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 of jobs in this State.
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 the individuals who will pay the fees amended by the proposed amendments will be individually licensed by the Board, they may be considered "small businesses" for the purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.
The costs imposed by the proposed amendments are the same for all licensees as outlined above in the Economic Impact statement. The Board does not believe that licensees 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 compliance requirements upon licensees.
The proposed fee increases are set at a level sufficient to meet the ongoing costs associated with regulating nurses, homemaker-home health aides and nurse practitioners/clinical nurse specialists. The Board proposes a uniform increase in fees for all licensees and applicants so that these costs will be borne equally by all licensees and certificants. Therefore, no differing compliance requirements are imposed upon any licensee or applicants for licensure.
Smart Growth Impact
The Board does not anticipate that the proposed amendments will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
13:37-1.2 Application for establishment of a new program in nursing
(a) An educational institution seeking to establish a new program in nursing shall submit in writing to the Board an application consisting of the following items:
1.-4. (No change.)
5. Curricula vitae for all faculty and consultants responsible for the development and administration of the program; [and]
6. A letter from the chief executive officer which reflects that he or she has secured initial and continued financial support for the program[.]; and
7. The initial accreditation application fee set forth in N.J.A.C. 13:37-5.5(d)1.
(b)-(g) (No change.)
13:37-5.5 Fee schedule
(a) The following fees shall be charged by the Board in connection with licensure of professional and practical nurses:
1. (No change.)
2. Initial license fee ................................................... [65.00] 120.00
3. Application for licensure by endorsement......... 75.00 plus [65.00]
initial license fee set
forth in (a)2 above
4. (No change.)
5. Renewal of license (biennial)
i. Active................................................................ [65.00] 120.00
ii. Inactive............................................................... [30.00] 60.00
6.-10. (No change.)
[11. Copy of L.P.N. Standards of Practice................................. 3.00]
(b) The following fees shall be charged by the Board in connection with certification of homemaker-home health aides:
1.-4. (No change.)
5. Initial certification fee
i. If paid during the first year of a biennial renewal period [20.00] 30.00
ii. If paid during the second year of a biennial renewal period [10.00] 15.00
6. Renewal of certificate (biennial)............................... [20.00] 30.00
7.-10. (No change.)
(c) The following fees shall be charged by the Board in connection with certification of nurse practitioners/clinical nurse specialists:
1. (No change.)
2. Initial certification fee
i. If paid during the first year of a biennial renewal period [100.00] 160.00
ii. If paid during the second year of a biennial renewal period [50.00] 80.00
3. Renewal of certification (biennial)....................... [100.00] 160.00
4.-7. (NRenneo change.)
(d)-(f) (No change.)
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.