Rule Proposal

52 N.J.R. 867(a)

VOLUME 52, ISSUE 8, APRIL 20, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 867(a)
NJ - New Jersey Register  >  2020  >  APRIL  >  APRIL 20, 2020  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
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. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > NEW JERSEY BOARD OF NURSING


Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:37-5.3 and 7.2


Text

Continuing Education; Educational Requirements for Certification
Authorized By: State Board of Nursing, Joanne Leone, Executive Director.
Authority: N.J.S.A. 45:11-24 and P.L. 2017, c. 28.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-044.
Submit comments by June 19, 2020, to:
Joanne Leone, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101
or electronically at:
http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
P.L. 2017, c. 28 requires registered professional nurses and licensed practical nurses to complete one credit of continuing education concerning prescription opioid drugs every biennial renewal period. The law also requires that an advanced practice nurse's initial education in pharmacology include issues concerning prescription opioid drugs. The Board of Nursing (Board) proposes to amend N.J.A.C. 13:37-5.3 and 7.2 to effectuate the requirements of P.L. 2017, c. 28. The amendments require registered professional nurses and licensed practical nurses to complete continuing education or initial education in pharmacologic therapy, addiction prevention and management, and issues concerning opioid drugs. An applicant for certification as an advanced practice nurse must complete this education as part of his or her six contact hours in pharmacology.
The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, this notice is excepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.
[page=868] Social Impact
The Board anticipates that the proposed amendments will have a positive social impact on registered professional nurses, licensed practical nurses, and advanced practice nurses, and the patients who receive services from these nurses, in that the proposed amendments will help to ensure that they are sufficiently aware of the risks attached with prescription opioid drugs.
Economic Impact
The Board anticipates that the proposed amendments may have an economic impact on registered professional nurses, licensed practical nurses, and applicants for certification as advanced practice nurses. These individuals will be required to complete continuing education and initial education in prescription opioid drugs and will need to pay for this education. The Board does not believe that the proposed amendments will have any other 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 Analysis
The Regulatory Flexibility Act (the 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 proposal will apply. A regulatory flexibility analysis is not required with regard to applicants for certification as advanced practice nurses because they cannot be considered "small businesses" because they do not yet have a certification to practice. Since registered professional nurses and licensed practical nurses are individually licensed 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 proposed amendments are the same for all licensees as outlined in the Economic Impact above. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments do not impose reporting or recordkeeping requirements, but do impose compliance requirements, as detailed in the Summary above.
As the compliance requirements contained in the proposed amendments are necessary to ensure that registered professional nurses and licensed practical nurses are sufficiently aware of the risks attached with prescription opioid drugs, the Board believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of the business.
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 proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern continuing education requirements for registered professional nurses and licensed practical nurses and initial education requirements for 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 continuing education requirements for registered professional nurses and licensed practical nurses and initial education requirements for advanced practice nurses.
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.
Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

  1. GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE
  2. Continuing education
  3. (No change.)
  4. Each applicant for biennial active license renewal shall complete, during the preceding biennial period, a minimum of 30 hours of continuing education that shall, commencing with the biennial renewal period beginning on June 1, 2020, include at least one hour in topics concerning prescription opioid drugs, including alternatives to opioids for managing and treating pain and the risks and signs of opioid abuse, addiction, and diversion.
  5. (No change.)
  6. CERTIFICATION OF ADVANCED PRACTICE NURSES
  7. Educational requirements for certification
  8. (No change.)
  9. 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] the topics set forth at (e) below, presented by:

1.-2. (No change.)
(e)The six contact hours required by (d) above shall include:

  1.  
  2. nagement; and
  3. Issues concerning opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.

52 N.J.R. 867(a)

VOLUME 52, ISSUE 8, APRIL 20, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 867(a)
NJ - New Jersey Register  >  2020  >  APRIL  >  APRIL 20, 2020  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
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. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > NEW JERSEY BOARD OF NURSING


Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:37-5.3 and 7.2


Text

Continuing Education; Educational Requirements for Certification
Authorized By: State Board of Nursing, Joanne Leone, Executive Director.
Authority: N.J.S.A. 45:11-24 and P.L. 2017, c. 28.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-044.
Submit comments by June 19, 2020, to:
Joanne Leone, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101
or electronically at:
http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
P.L. 2017, c. 28 requires registered professional nurses and licensed practical nurses to complete one credit of continuing education concerning prescription opioid drugs every biennial renewal period. The law also requires that an advanced practice nurse's initial education in pharmacology include issues concerning prescription opioid drugs. The Board of Nursing (Board) proposes to amend N.J.A.C. 13:37-5.3 and 7.2 to effectuate the requirements of P.L. 2017, c. 28. The amendments require registered professional nurses and licensed practical nurses to complete continuing education or initial education in pharmacologic therapy, addiction prevention and management, and issues concerning opioid drugs. An applicant for certification as an advanced practice nurse must complete this education as part of his or her six contact hours in pharmacology.
The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, this notice is excepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.
[page=868] Social Impact
The Board anticipates that the proposed amendments will have a positive social impact on registered professional nurses, licensed practical nurses, and advanced practice nurses, and the patients who receive services from these nurses, in that the proposed amendments will help to ensure that they are sufficiently aware of the risks attached with prescription opioid drugs.
Economic Impact
The Board anticipates that the proposed amendments may have an economic impact on registered professional nurses, licensed practical nurses, and applicants for certification as advanced practice nurses. These individuals will be required to complete continuing education and initial education in prescription opioid drugs and will need to pay for this education. The Board does not believe that the proposed amendments will have any other 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 Analysis
The Regulatory Flexibility Act (the 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 proposal will apply. A regulatory flexibility analysis is not required with regard to applicants for certification as advanced practice nurses because they cannot be considered "small businesses" because they do not yet have a certification to practice. Since registered professional nurses and licensed practical nurses are individually licensed 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 proposed amendments are the same for all licensees as outlined in the Economic Impact above. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments do not impose reporting or recordkeeping requirements, but do impose compliance requirements, as detailed in the Summary above.
As the compliance requirements contained in the proposed amendments are necessary to ensure that registered professional nurses and licensed practical nurses are sufficiently aware of the risks attached with prescription opioid drugs, the Board believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of the business.
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 proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern continuing education requirements for registered professional nurses and licensed practical nurses and initial education requirements for 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 continuing education requirements for registered professional nurses and licensed practical nurses and initial education requirements for advanced practice nurses.
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.
Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

  1. GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE
  2. Continuing education
  3. (No change.)
  4. Each applicant for biennial active license renewal shall complete, during the preceding biennial period, a minimum of 30 hours of continuing education that shall, commencing with the biennial renewal period beginning on June 1, 2020, include at least one hour in topics concerning prescription opioid drugs, including alternatives to opioids for managing and treating pain and the risks and signs of opioid abuse, addiction, and diversion.
  5. (No change.)
  6. CERTIFICATION OF ADVANCED PRACTICE NURSES
  7. Educational requirements for certification
  8. (No change.)
  9. 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] the topics set forth at (e) below, presented by:

1.-2. (No change.)
(e)The six contact hours required by (d) above shall include:

  1.  
  2. nagement; and
  3. Issues concerning opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.
Last Modified: 4/20/2020 9:58 AM