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NEW JERSEY REGISTER
RULE PROPOSALS
VOLUME 42, ISSUE 11
ISSUE DATE: JUNE 7, 2010
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING

Proposed Amendment: N.J.A.C. 13:37-5.5
Proposed Repeal and New Rule: N.J.A.C. 13:37-9.8
Proposed Recodification: N.J.A.C. 13:37-6.3 and 6.4 as 8.1 and 8.2

Fee Schedule; Standards for Joint Protocols between Advanced Practice Nurses and Collaborating Physicians; Identification Tags; Renewal of Certification

Authorized By: State Board of Nursing, George Hebert, Executive Director.
Authority: N.J.S.A. 45:11-24 and P.L. 2001, c. 81.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2010-057.

Submit written comments by August 6, 2010 to:
   George Hebert, Executive Director
   State Board of Nursing
   P.O. Box 45010
   Newark, New Jersey 07101

The agency proposal follows:

Summary
Pursuant to the requirements of N.J.S.A. 45:1-7.1, 7.2 and 7.3, the New Jersey Board of Nursing (the Board) proposes to repeal and replace N.J.A.C. 13:37-9.8, dealing with the biennial renewal of Forensic Nurse - Certified Sexual Assault (FN-CSA) certification.  N.J.S.A. 45:1-7.1, 7.2 and 7.3 set forth standards for renewal of licensure or certification that every professional licensing board is required to follow. These standards include procedures for renewal of certification, for obtaining an inactive certification and for the automatic suspension of certification for non-renewal. The existing rule proposed for repeal states that certifications are valid for two years and sets forth how a certificant may renew certification. The proposed new rule states that certificates will expire at the same time as the certificant's registered professional nurse license. An FN-CSA who does renew the certificate prior to its expiration will have a 30-day grace period to renew. After these 30 days have passed, the certificate will be administratively suspended. A suspended FN-CSA may reinstate a suspended certificate by paying certain fees and submitting an [page=1001] affidavit listing jobs held during the period of suspension. If a certificate has been suspended for more than five years, an FN-CSA will be required to complete the initial requirements for certification. A FN-CSA who worked in another state during the period of suspension will not be required to complete these requirements. The amendments allow an FN-CSA to renew the certificate in an inactive status. An FN-CSA with an inactive certification cannot practice as an FN-CSA. An FN-CSA who seeks to reactivate a certificate will be required to meet the same standards as an FN-CSA who was administratively suspended.

The Board is proposing to amend N.J.A.C. 13:37-5.5 to include inactive certification, late certificate renewal and reinstatement of certification fees for FN-CSAs. The Board also proposes to recodify N.J.A.C. 13:37-6.3, which deals with standards for joint protocols for advanced practice nurses, and N.J.A.C. 13:37-6.4, which deals with identification tag requirements, to N.J.A.C. 13:37-8.1 and 8.2.
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.

Social Impact
The proposed amendment and new rule clarify the renewal process and implement new procedures for FN-CSAs who petition the Board to resume active practice after holding an inactive certification or are returning to active certification from suspension or inactive certification. These new procedures ensure that FN-CSAs are sufficiently prepared to safely and effectively practice forensic nursing after a period of professional inactivity.

Economic Impact
 N.J.A.C. 13:37-9.8 requires FN-CSAs to renew certification biennially and to pay the certification renewal fee. FN-CSAs will bear the cost of paying the renewal fee. Proposed new N.J.A.C. 13:37-9.8 imposes requirements for individuals who are returning to active certification from suspension or inactive certification. In complying with these requirements, such individuals will incur costs, as discussed in the Summary above.

Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rule or amendment.

Jobs Impact
The proposed new rule, repeal and amendment will not increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact
The Board does not believe that the proposed new rule, repeal or amendment will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis
Since the individuals who will be required to renew certification under the proposed new rule will be individually 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 costs imposed by the new rule and amendment are the same for all FN-CSAs as set forth above in the Economic Impact statement. The Board does not believe that FN-CSAs will need to employ any professional services to comply with the requirements of the new rule. The proposed new rule imposes no reporting or recordkeeping requirements, but does impose compliance requirements upon FN-CSAs as discussed in the Summary above.

The new rule imposes renewal requirements on FN-CSAs in order to ensure that every FN-CSA is properly certified to perform forensic nursing services. Therefore, no differing compliance requirements are imposed upon any FN-CSA.

Smart Growth Impact
The Board does not anticipate that the proposed new rule or amendment 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.

Housing Affordability Impact
The proposed amendment and new rule will have an insignificant impact on affordable 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 amendment and new rule concern renewal of FN-CSA certifications.

Smart Growth Development Impact
The proposed amendment and new rule 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 amendment and new rule concern renewal of FN-CSA 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

13:37-5.5   Fee schedule

(a)-(d) (No change.)

(e) The following fees shall be charged by the Board in connection with certification of forensic nurses-certified sexual assault:

1.-2. (No change.)

3. Renewal of certification (biennial)[................................... 100.00]

i. Active.............................................................................. 100.00

ii. Inactive............................................................................ 50.00

4. (No change.)

5. Late certificate renewal.................................................. 50.00

6. Reinstatement of certification....................................... 100.00

(f) (No change.)

Recodify existing 13:37-6.3 and 6.4 as 8.1 and 8.2 (No change in text.)

SUBCHAPTER 9.    FORENSIC NURSE--CERTIFIED SEXUAL ASSAULT PROGRAM

[13:37-9.8   Renewal of certification

(a) Certification as a FN-CSA shall be valid for two years.

(b) Certified FN-CSAs shall renew certification biennially by submitting to the Board:

1. A completed application for renewal; and

2. The biennial renewal fee, pursuant to N.J.A.C. 13:37-5.5(d)3.]

13:37-9.8   Renewal of certification

(a) All FN-CSA certificates shall be issued for a two-year certification period, which coincides with the FN-CSA's registered professional nurse licensure renewal period. An FN-CSA who seeks renewal of the certificate shall submit a renewal application and the biennial renewal fee set forth in N.J.A.C. 13:37-5.5, prior to the expiration date of the certificate.

(b) The Board shall send a notice of renewal to each FN-CSA at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for any uncertified practice during the period following the certification expiration, not to exceed the number of days short of 60 before the renewals were issued.

(c) If an FN-CSA does not renew the certificate prior to its expiration date, the FN-CSA may renew the certificate within 30 days of its expiration by submitting a renewal application and a renewal fee as set forth in N.J.A.C. 13:37-5.5(e). If the FN-CSA has not paid a reinstatement fee for renewal of licensure as a registered professional nurse within the same biennial period, the FN-CSA shall pay, in addition to the renewal fee, the reinstatement fee from N.J.A.C. 13:37-5.5(e).

(d) A certificate that is not renewed within 30 days of its expiration shall be administratively suspended. An individual who continues to practice with an administratively suspended certificate shall be deemed to be engaged in unlicensed practice.

[page=1002] (e) An FN-CSA whose certificate has been administratively suspended for five years or less for nonpayment of a biennial renewal fee pursuant to (c) above may be reinstated by the Board upon completion of the following:

1. Payment of all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:37-5.5(e);

2. Submission of an affidavit of employment listing each job held during the period the certificate was suspended, including the name, address and telephone number of each employer; and

3. If the FN-CSA has not paid a reinstatement fee for licensure as a registered professional nurse within the same biennial period, the FN-CSA shall pay, in addition to the renewal fees, the reinstatement fee from N.J.A.C. 13:37-5.5(e).

(f) An FN-CSA whose certificate has been administratively suspended for failure to renew for more than five years who wishes to have his or her certificate reinstated shall reapply for certification pursuant to N.J.A.C. 13:37-9.3, including retaking and successfully completing:

1. An FN-CSA education course approved by the Board and the Director of the Division of Criminal Justice pursuant to N.J.A.C. 13:37-9.5;

2. The FN-CSA clinical requirements pursuant to N.J.A.C. 13:37-9.6; and

3. The FN-CSA clinical examination given by an approved clinical examination facility pursuant to N.J.A.C. 13:37-9.7(d).

(g) An FN-CSA who has worked in another state as forensic nurse during the period of suspension shall be permitted to reinstate certification without meeting the requirement of (f) above if he or she submits an affidavit to the Board, from his or her employer, which indicates that he or she worked during the period of suspension as a forensic nurse in the other state.

(h) Renewal applications shall provide the FN-CSA with the option of either active or inactive status. An FN-CSA electing inactive status shall pay the inactive certificate fee set forth in N.J.A.C. 13:37-5.5 and shall not practice as an FN-CSA in New Jersey.

(i) An FN-CSA who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon completion of the following:

1. Payment of the active status fee set forth in N.J.A.C. 13:37-5.5; and

2. Submission of an affidavit of employment listing each job held during the period the FN-CSA was on inactive status, including the name, address and telephone number of each employer.

(j) An FN-CSA who has been on inactive status for more than five years who wishes to return to practice shall reapply for certification pursuant to N.J.A.C. 13:37-9.3, including retaking and successfully completing:

1. An FN-CSA education course approved by the Board and the Director of the Division of Criminal Justice pursuant to N.J.A.C. 13:37-9.5;

2. The FN-CSA clinical requirements pursuant to N.J.A.C. 13:37-9.6; and

3. The FN-CSA clinical examination given by an approved clinical examination facility pursuant to N.J.A.C. 13:37-9.7(d).

(k) An FN-CSA who has worked in another state as forensic nurse during the period of inactive status shall be permitted to reactivate certification without meeting the requirement of (j) above if he or she submits an affidavit to the Board, from his or her employer, which indicates that he or she worked during the period of inactive status as a forensic nurse in the other state.

   
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