VOLUME 47, ISSUE 2
January 19, 2016 Rule Proposals
Law and Public Safety
Division of Consumer Affairs New Jersey State Board of Dentistry
Proposed New Rule: N.J.A.C. 13:30-2.8
Credit Towards Registration as a Limited Registered Dental Assistant in Orthodontics for Education, Training, and Experience Received While Serving as a Member of the Armed Forces
Authorized By: State Board of Dentistry, Jonathan Eisenmenger, Executive Director.
Authority: N.J.S.A. 45:1-15 and P.L. 2013, c. 49.
Calendar
Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2016-001.
Submit comments by:
May 19, 2016, to:
Jonathan Eisenmenger, Executive Director
New Jersey State Board of Dentistry
124 Halsey Street
PO Box 45005
Newark, New Jersey 07101
The agency proposal follows:
Summary
The State Board of Dentistry (Board) is proposing new N.J.A.C. 13:30-2.8 to implement P.L. 2013, c. 49 (the Act), which mandates that a professional or occupational board designated in section 2 of P.L. 1978, c. 73 ( N.J.S.A. 45:1-15) that issues a professional or occupational license, certificate of registration, or certificate for which professional training, education, or experience is required, give credit towards its requirements for licensure or registration for any portion of the training, education, and experience received by an applicant while serving as a member of the Armed Forces of the United States (Armed Forces) that is substantially equivalent to the training, education, or experience required for licensure or registration.
Proposed new N.J.A.C. 13:30-2.8(a) would permit an applicant for a certificate of registration as a limited registered dental assistant in orthodontics (LRDA-O) who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for registration under N.J.A.C. 13:30-2.3, to apply to the Board for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for registration as a LRDA-O.
Proposed new N.J.A.C. 13:30-2.8(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Board for registration as a LRDA-O.
Proposed new N.J.A.C. 13:30-2.8(b)2i would require the applicant to submit a verification of his or her military experience and training to the Board for determining substantial equivalence to the Board's experience and training requirements.
Proposed new N.J.A.C. 13:30-2.8(b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to education courses and/or training [page=38] that are not part of a Board-approved educational program in dental assisting as set forth in N.J.A.C. 13:30-2.3(b).
Proposed new N.J.A.C. 13:30-2.8(b)3 would require that the applicant comply with all other requirements for registration, including successful completion of the examination requirements set forth in N.J.A.C. 13:30-2.3.
Under proposed new N.J.A.C. 13:30-2.8(c), the applicant would be responsible for providing timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration. If all of the applicant's military training, education, or experience is not deemed equivalent to the Board's requirements, proposed new N.J.A.C. 13:30-2.8(d) would require the Board to credit whatever portion of the applicant's military training, education, or experience it deems to be substantially equivalent towards meeting the requirements of registration. Additionally, proposed N.J.A.C. 13:30-2.8(e) provides that evidence of such education, training, or experience will be assessed on a case-by-case basis.
The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The Board has determined that proposed new N.J.A.C. 13:30-2.8 would help New Jersey veterans transition from military to civilian life. New Jersey veterans who have received training, education, and experience while in the military would be able to have that training, education, and experience evaluated for substantial equivalence to Board requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent would be credited towards the requirements for registration, as applicable. This procedure would create an efficient process for registering veterans who have received valuable education and work skills while in the military in professional careers, benefitting veterans, as noted in the Economic Impact statement below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed new rule would have no adverse effect on public health, safety, or welfare.
Economic Impact
The Board believes that proposed new N.J.A.C. 13:30-2.8 may have a positive economic impact on New Jersey veterans. Crediting substantially equivalent education received in the military towards the requirements for registration may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving registration. Achieving registration may translate into landing high paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.
Federal Standards Statement
A Federal standards analysis is not required because the proposed new rule is governed by P.L. 2013, c. 49 and N.J.S.A. 45:6-1 et seq., and is not subject to any Federal requirements or standards.
Jobs Impact
The Board does not believe that the proposed new rule will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The proposed new rule will have no impact on the agriculture industry in the State.
Regulatory Flexibility Statement
The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed new rule will apply. A regulatory flexibility analysis is not required because the proposed new rule applies only to applicants for registration who cannot be considered small businesses because they do not yet have a certificate of registration to practice as a limited registered dental assistant in orthodontics.
Housing Affordability Impact Analysis
The proposed new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the new rule would evoke a change in the average costs associated with housing because the proposed new rule concerns requiring the Board to grant credit towards registration as a LRDA-O for substantially equivalent education, training, and experience received while in the Armed Forces.
Smart Growth Development Impact Analysis
The proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the new rule 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 new rule concerns requiring the Board to grant credit towards registration as a LRDA-O for substantially equivalent education, training, and experience received while in the Armed Forces.
Full text of the proposed new rule follows:
13:30-2.7 (Reserved)
13:30-2.8 Credit towards registration as a limited registered dental assistant in orthodontics for education, training, and experience received while serving as a member of the Armed Forces
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for registration as a limited registered dental assistant in orthodontics under N.J.A.C. 13:30-2.3 may apply to the Board for recognition of the applicant's training, education, and/or experience received while serving as a member of the Armed Forces, which the Board shall consider together with any training, education, and/or experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and/or experience required for registration as a limited registered dental assistant in orthodontics.
(b) The Board shall issue a registration as a limited registered dental assistant in orthodontics to the applicant if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and/or education the applicant has received in the military, together with any training, education, and/or experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and/or education required for registration under N.J.A.C. 13:30-2.3.
i. An applicant seeking credit for military training and/or experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
ii. An applicant seeking credit for education courses and/or training completed while in the military that are not part of a Board-approved educational program in dental assisting in which the expanded functions or duties as listed in N.J.A.C. 13:30-2.5 are taught, as set forth in N.J.A.C. 13:30-2.3(b), shall submit to the Board a Joint Services Transcript of his or her education courses and/or training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to those of a Board-approved educational program in dental assisting in which the expanded functions or duties as listed in N.J.A.C. 13:30-2.5 are taught as required for registration under N.J.A.C. 13:30-2.3. For the purpose of determining substantial equivalence of the applicant's military education courses and/or training, the Board shall consider only those education courses and/or training relevant to the practice of a limited registered dental assistant in orthodontics that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.
iii. An applicant seeking credit for education courses and/or training completed while in the military that are not part of a Board-approved program in expanded functions in orthodontics as set forth in N.J.A.C. [page=39] 13:30-2.3(b) shall submit to the Board a Joint Services Transcript of his or her education courses and/or training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to those in a program in expanded functions in orthodontics approved by the Board as required for registration under N.J.A.C. 13:30-2.3. For the purpose of determining substantial equivalence of the applicant's military education courses and/or training, the Board shall consider only those education courses and/or training relevant to the practice of a limited registered dental assistant in orthodontics that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for registration, including successful completion of the examination requirements as set forth in N.J.A.C. 13:30-2.3.
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration.
(d) If the applicant's military training, education, and/or experience, or a portion thereof, is not deemed to be substantially equivalent to that required for registration as a limited registered dental assistant in orthodontics, the Board shall credit whatever portion of the military training, education, and/or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:30-2.3 for the issuance of the registration as a limited registered dental assistant in orthodontics.
(e) Satisfactory evidence of such education, training, and/or experience shall be assessed on a case-by-case basis. |
