Rule Proposal

Proposed Amendments: N.J.A.C. 13:37-5.5, 7.1, 7.2, 7.4, 7.6, and 7.7
 
Fee Schedule; Application for Certification; Educational Requirements for Certification; Examination Requirements for Certification; Certification by Endorsement; Biennial Certificate Renewal; Certificate Suspension; Reinstatement of Suspended Certificate; Inactive Status; Return from Inactive Status
 
Authorized By: State Board of Nursing, Joanne Leone, Acting Executive Director.
 
Authority: N.J.S.A. 45:11-24.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2016-114.
 
Submit written comments by September 16, 2016, to:
 
   Joanne Leone, Acting Executive Director
   State Board of Nursing
   PO Box 45010
   Newark, New Jersey 07101
   
The agency proposal follows:
 
Summary

Effective September 4, 2012, N.J.A.C. 13:37-16, governing the regulation of certified massage, bodywork, and somatic therapists by the Board of Nursing (Board) was repealed (see 43 N.J.R. 2721(a); 44 N.J.R. 2185(b)). At that time, fees connected with the certification of massage, bodywork, and somatic therapists were not deleted from Board rules. The Board proposes to delete N.J.A.C. 13:37-5.5(f), which sets forth massage, bodywork, and somatic therapist fees.

Currently, the American Board of Nursing Specialties and the National Commission for Certifying Agencies are recognized by the Board as organizations that may accredit national certifying agencies. The Board proposes to amend N.J.A.C. 13:37-7.1, 7.4, 7.6, and 7.7, so that national certifying agencies accredited by the Institute for Credentialing Excellence will also be recognized as meeting Board requirements for advanced practice nurses certification bodies. The Board has reviewed the Institute for Credentialing Excellence and has found that it is substantially similar to the other entities recognized by the Board. The Board also proposes to amend N.J.A.C. 13:37-7.2 to include the American Board of Nursing Specialties and the Institute for Credentialing Excellence as entities that may accredit credentialing agencies that approve organizations that present education in pharmacology related to controlled dangerous substances.

[page=1429] 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 Board does not anticipate that the proposed amendments will have any social impact.
 
Economic Impact

The proposed amendments will not have any economic impact.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
 
Jobs Impact

The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.
 
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 Statement

Since advanced practice nurses are 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 proposed amendments will not impose any costs and the Board does not believe that advanced practice nurses will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no compliance, reporting, or recordkeeping requirements.
 
Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on the affordability of 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 amendments concern accrediting entities for national certifying agencies that certify advanced practice nurses.
 
Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments 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 amendments concern accrediting entities for national certifying agencies which certify advanced practice nurses.
 
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)-(e) (No change.)
 
[(f) The following fees shall be charged by the Board in connection with certification of massage, bodywork and somatic therapists:

1.	Application fee........................................			$ 75.00
2.	Initial certification fee
	i. If paid during the first year of a biennial			$ 120.00
	renewal period.....................................
	ii. If paid during the second year of a biennial			$ 60.00
	renewal period.....................................
3.	Renewal of certification...............................			$ 120.00
4.	Late certification renewal.............................			$ 50.00
	Plus the applicable
	biennial certification
	renewal fee set forth
	in (f)3 above
5.	Lapsed certificate fee.................................			$ 100.00
	Plus the applicable
	biennial certification
	renewal fee set forth
	in (f)3 above
6.	Duplicate certificate..................................			$ 35.00
7.	Inactive license fee.......................................			(to be established by
8.	Verification of certification for endorsement........			$ 30.00
9.	Written verification of certification.................			$ 25.00]

 
SUBCHAPTER 7.    CERTIFICATION OF ADVANCED PRACTICE NURSES
 
13:37-7.1   Application for certification
 
(a) (No change.)
 
(b) An applicant for certification as an advanced practice nurse shall complete a course of study and successfully complete an examination in an advanced practice nursing specialty credentialed by a national certifying agency[,] that is accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies.
 
(c) (No change.)
 
(d) Each applicant for certification as an advanced practice nurse shall submit the following to the Board:
 
1.-3. (No change.)
 
4. Proof that the applicant is currently certified by a national certifying agency that is accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies; and
 
5. (No change.)
 
13:37-7.2   Educational requirements for certification
 
(a)-(c) (No change.)
 
(d) In addition to the requirements of (a) and (c) above, an applicant shall have completed six contact hours in pharmacology related to controlled dangerous substances, including pharmacologic therapy and addiction prevention and management, presented by:
 
1. An organization that has been approved by a credentialing agency accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies; or
 
2. (No change.)
 
13:37-7.4   Examination requirements for certification
 
An applicant for certification shall pass an advanced practice examination in his or her area of specialization offered by a national certifying agency that is accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies.
 
13:37-7.6   Certification by endorsement
 
(a) (No change.)
 
(b) An applicant for advanced practice nurse certification who is certified in another state shall submit to the Board:
 
1.-3. (No change.)
 
4. Proof that the applicant is currently certified by a national certifying agency that is accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies; and
 
5. (No change.)
 
13:37-7.7   Biennial certificate renewal; certificate suspension; reinstatement of suspended certificate; inactive status; return from inactive status
 
(a) All certificates for advanced practice nurses shall be issued for a two-year certification period[, which] that coincides with the advanced practice nurse's registered professional nurse licensure renewal period. An advanced practice nurse who seeks renewal of the certificate shall submit a renewal application, proof that the applicant is currently certified by a national certifying agency that is accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies, [page=1430] and the renewal fee set forth in N.J.A.C. 13:37-5.5 prior to the expiration date of the certificate. An advanced practice nurse who is certified prior to June 16, 2008, shall not have to show that he or she is certified by a national certifying agency.
 
(b) (No change.)
 
(c) If an advanced practice nurse does not renew the certificate prior to its expiration date, the advanced practice nurse may renew the certificate within 30 days of its expiration by submitting a renewal application, proof that the applicant is currently certified by a national certifying agency that is accredited by the American Board of Nursing Specialties, the Institute for Credentialing Excellence, and/or the National Commission for Certifying Agencies, a renewal fee, and a late fee, as set forth in N.J.A.C. 13:37-5.5.
 
(d)-(j) (No change.)

 

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