NEW JERSEY REGISTER
VOLUME 40, ISSUE 12
ISSUE DATE: JUNE 16, 2008
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFARS
ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS
Proposed Amendment: N.J.A.C. 13:44H-10.1
Authorized By: Orthotics and Prosthetics Board of Examiners, Laura Anderson, Executive Director
Authority: N.J.S.A. 45:12B-26
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2008-186.
Submit written comments by August 15, 2008 to:
Laura Anderson, Executive Director
Orthotics and Prosthetics Board of Examiners
Post Office Box 45034
124 Halsey Street
Newark, NJ 07101
The agency proposal follows:
The Orthotics and Prosthetics Board of Examiners (the Board) proposes to amend N.J.A.C. 13:44H-10.1 to increase licensing fees for orthotists, prosthetists, prosthetist-orthotists, orthotist assistants, prosthetists assistants and prosthetist-orthotist assistants. 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. This financial analysis indicates that the Board must increase licensing fees in order to cover the costs it is projected to incur in the future. N.J.A.C. 13:44H-10.1(a)5 refers to a "prosthetics-orthotist." The correct term is "prosthetist-orthotist." The Board proposes to amend N.J.A.C. 13:44H-10.1, so that the correct term is used in the rule. 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 the fee schedule at N.J.A.C. 13:44H-10.1 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 orthotic and prosthetic services to the general public.
The proposed amendments to N.J.A.C. 13:44H-10.1 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 orthotic and prosthetic 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 statement is not required because there are no Federal standards or requirements applicable to the rule proposed for amendment.
The Board does not believe that the proposed amendments will result in an increase or decrease in the number 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 orthotists, prosthetists, prosthetist-orthotists, pedorthists, orthotist assistants, prosthetist assistants and prosthetist-orthotist assistants are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. The costs imposed by the amendments are the same for all licensees as set forth above in the Summary Economic Impact above. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposal. 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 orthotists, prosthetists, prosthetist-orthotists, orthotist assistants, prosthetist assistants and prosthetist-orthotist assistants. The Board proposes a uniform increase in fees for all licensees and applicants. Therefore, no differing compliance requirements are imposed upon any licensee or applicants for licensure.
Smart Growth Impact Statement
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 proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
13:44H-10.1 Fee schedule
(a) The following fees shall be charged by the Orthotics and Prosthetics Board of Examiners:
1.-2. (No change.)
3. Initial license fee for orthotist, prosthetist and prosthetist-orthotist:
i. If paid during the first year of the biennial renewal period ...................................................................... $[350.00]410.00
ii. If paid during the second year of the biennial renewal period ...................................................................... $[175.00]205.00
4. Initial license fee for orthotist assistant, prosthetist assistant and prosthetist-orthotist assistant:
i. If paid during the first year of the biennial renewal period ...................................................................... $[150.00]210.00
ii. If paid during the second year of the biennial renewal period ............................................. $[75.00]105.00
5. Biennial license renewal for orthotist, prosthetist and [prosthetics] prosthetist-orthotist... $[350.00] 410.00
6. Biennial license renewal orthotist assistant, prosthetist assistant and prosthetist-orthotist assistant $[150.00] 210.00
7.-13. (No change.)