53 N.J.R. 495(a)
VOLUME 53, ISSUE 7, APRIL 5, 2021
53 N.J.R. 495(a)
NJ - New Jersey Register > 2021 > APRIL > APRIL 5, 2021 > RULE PROPOSALS > LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS
Interested Persons Statement
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.
LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF PHARMACY
Administrative Code Citation
Proposed Amendment: N.J.A.C. 13:39-1.3
Authorized By: Anthony Rubinaccio, Executive Director, State Board of Pharmacy.
Authority: N.J.S.A. 45:1-15.1 and 45:14-47 and 48.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-029.
Submit written comments by June 4, 2021, to:
Anthony Rubinaccio, Executive Director
Board of Pharmacy
124 Halsey Street
PO Box 45013
Newark, New Jersey 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
The agency proposal follows:
The State Board of Pharmacy (Board) is proposing to amend its fees for out-of-State pharmacies to be consistent with the amount assessed to in-State pharmacies. The Board proposes to amend the fee schedule at N.J.A.C. 13:39-1.3(a)4 to increase from $ 175.00 to $ 275.00 the amount charged to out-of-State pharmacies for an application for permit, change of ownership/name, and change of location. When the Board first established the application fee for out-of-State pharmacies, the Board anticipated that its review and processing of such applications would be less than that of New Jersey resident pharmacies. The Board, however, notes that over time, to ensure the health and safety of New Jersey patients, the amount of work required to process these applications has increased significantly, so that it is now the same as that required for processing those in-State. In accordance with N.J.S.A. 45:1-3.2, the Board believes that the proposed fee increases are necessary in order to allow the Board to continue to carry out the regulatory responsibilities to protect the health, safety, and welfare of the public, with which it is charged, pursuant to N.J.S.A. 45:14-1 et seq.
As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
The proposed fee increases will have an impact upon applicants for an out-of-State pharmacy permit and those out-of-State pharmacies registered with the Board that apply for a change of ownership/name or of location. The proposed fee increases will have an impact on the Board and the public by enabling the Board to continue to meet its statutory responsibilities to protect the public, and to register out-of-State pharmacies.
The proposed fee increases will have an economic impact on the 1,146 out-of-State pharmacies and applicants for an out-of-State pharmacy permit who now will be required to remit higher fees. The increased permit and notification of change of ownership/name, and of location fees for out-of-State pharmacies will allow the Board to continue carry out the regulatory responsibilities with which it is charged to protect the health, safety, and welfare of the public.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:14-40 et seq., and there are no Federal laws or standards applicable to the proposed amendment.
The Board does not anticipate that the proposed amendment will increase or decrease jobs in the State.
Agriculture Industry Impact
The Board does not believe that the proposed amendment will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Currently, the Board regulates 1,146 out-of-State pharmacies. If these out-of-State pharmacies are considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.
The proposed amendment to the fee schedule does not impose any reporting, recordkeeping, or compliance requirements upon licensees, mortuaries, or upon applicants for licensure or registration. No additional professional services will be needed to comply with the proposed amendment. The costs of compliance with the proposed amendment are discussed in the Economic Impact. The Board believes that the proposed amendment should be uniformly applied to all applicants for permits and out-of-State pharmacies and, therefore, no differing compliance requirements for any businesses are provided based upon size.
Housing Affordability Impact Analysis
The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns fees for out-of-State pharmacies.
Smart Growth Development Impact Analysis
The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan because the proposed amendment concerns increased fees for out-of-State pharmacies.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. GENERAL PROVISIONS
13:39-1.3 Fee schedule
(a) The following fees shall be charged by the Board:
1.-3. (No change.)
4. For out-of-State pharmacies as follows:
i. Pharmacy permits
(1) Application for permit........................ [$ 175.00] $ 275.00
(2) (No change.)
(3) Change of ownership/name................ [$ 175.00] $ 275.00
(4) Change of location............................. [$ 175.00] $ 275.00
ii.-iv. (No change.)
5. (No change.)
In order to ensure your comments are received, please send your comments concerning any rule proposals
via email to DCAProposal@dca.lps.state.nj.us.
Please include the following in your email:
Email Subject Line: Rule Proposal Subject
Email Body: Comments to the Rule Proposal, Name, Affiliation
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