53 N.J.R. 616(a)
VOLUME 53, ISSUE 8, APRIL 19, 2021
53 N.J.R. 616(a)
NJ - New Jersey Register > 2021 > APRIL > APRIL 19, 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 PHYSICAL THERAPY EXAMINERS
Administrative Code Citation
Proposed Amendment: N.J.A.C. 13:39A-5.3
Examination Standards for Applicants for Licensure as Physical Therapists and Physical Therapist Assistants
Authorized By: State Board of Physical Therapy Examiners, Lisa Tadeo, Executive Director.
Authority: N.J.S.A. 45:9-37.18.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-37.
Submit comments by June 18, 2021, to:
Lisa Tadeo, Executive Director
State Board of Physical Therapy Examiners
PO Box 45014
Newark, NJ 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
The State Board of Physical Therapy Examiners (Board) is aware of a number of applicants for licensure who repeatedly take and fail the licensing examination. In order to assist these applicants in passing the licensing examination and obtaining licensure, the Board proposes to add N.J.A.C. 13:39A-5.3(e) to require applicants who do not pass the licensing examination in three attempts to complete a 45-hour remediation course before taking the examination again. An applicant who has completed the remediation course will be permitted to retake the licensing examination. If he or she does not pass the licensing examination, he or she will be required to retake the remediation course before any further attempts to pass the licensing examination. The Board anticipates that this requirement will address deficiencies in an applicant's education and will facilitate the applicant's ability to pass the licensing examination. The Board points out that other professional licensing boards impose similar requirements, including the Board of Nursing and the Alcohol and Drug Counselor Committee.
The Board has determined that the comment period for this notice of proposal shall 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 proposed amendment will benefit applicants for licensure who have failed the licensing examination three times. These applicants will receive the additional education they need in order to successfully pass the examination and obtain licensure.
The proposed amendment will have an economic impact on applicants for licensure who fail the licensing examination three times. These applicants will be required to complete a remediation course for which they will have to pay a fee. The Board does not set this fee and does not know what sponsors will charge for the course.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment.
The Board does not believe 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 Statement
As applicants for licensure as physical therapists and physical therapist assistants are not yet licensed, they cannot provide physical therapy services. Therefore, the Board does consider these applicants "small businesses" for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., and a regulatory flexibility analysis is not required.
Housing Affordability Impact Analysis
The Board believes that 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 application requirements for physical therapists and physical therapist assistants that have failed the licensing exam three times.
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 in New Jersey because the proposed amendment concerns application requirements for physical therapists and physical therapist assistants that have failed the licensing exam three times.
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):
SUBCHAPTER 5. CREDENTIALING OF APPLICANTS
13:39A-5.3 Examination standards for applicants for licensure as physical therapists and physical therapist assistants
(a)-(d) (No change.)
(e) An applicant who does not pass the National Physical Therapy Examination for Physical Therapists or for Physical Therapist Assistants in three attempts shall submit to the Board, prior to taking the examination again, proof of successful completion of a remediation course, consisting of a minimum of 45 hours, which is either:
1. Conducted by a college or university physical therapy program approved by an accrediting agency recognized by the Council on Post Secondary Accreditation and the United States Department of Education; or
2. Sponsored by the American Physical Therapy Association (APTA) or the American Physical Therapy Association of New Jersey (APTANJ).
(f) An applicant who has met the requirements of (e) above may take the National Physical Therapy Examination for Physical Therapists or for Physical Therapist Assistants one more time. If the applicant does not pass the examination on this attempt, he or she shall be required to meet the requirements of (e) above again before taking the examination again, or any additional examinations.
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
and Contact Information (email address and telephone number)