54 N.J.R. 1900(a)

VOLUME 54, ISSUE 19, OCTOBER 3, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 1900(a)
NJ - New Jersey Register  >  2022  >  OCTOBER  >  OCTOBER 3, 2022  >  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 > STATE BOARD OF MEDICAL EXAMINERS

Administrative Code Citation


Proposed Repeal and New Rule: N.J.A.C. 13:35-3.2  
Proposed Amendment: N.J.A.C. 13:35-3.14  
Proposed New Rules: N.J.A.C. 13:35-3.14A and 3.14B  
Proposed Repeal: N.J.A.C. 13:35-3.3
Text

 License Renewal
Authorized By: Board of Medical Examiners, Antonia Winstead, Executive Director.
Authority: N.J.S.A. 45:9-2.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2022-130.
Submit comments by December 2, 2022, to:

Antonia Winstead, Executive Director
Board of Medical Examiners
140 East Front Street, 2nd Floor
PO Box 183
Trenton, New Jersey 08625

or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:

Summary
N.J.S.A. 45:1-7.1 and 7.4 establish standards for renewing, reinstating, and reactivating medical, osteopathic, and podiatric licensure. N.J.S.A. 45:1-7.5 establishes standards for issuing licenses to applicants licensed in other states. The Board of Medical Examiners (Board) proposes amendments, repeals, and new rules to effectuate the provisions at N.J.S.A. 45:1-7.1, 7.4, and 7.5 for licensed physicians and podiatrists.
The proposed amendments, repeals, and new rules would allow the Board to issue a license to an applicant licensed in another state with licensure standards substantially equivalent to the Board's standards, as long as the applicant has been practicing for at least two years within the five years prior to applying for a license. The proposed amendments, repeals, and new rules would also revise reactivation requirements for inactive licensees and reinstatement requirements for licensees who have a suspended license for failure to renew. Reactivation applicants would have to submit the renewal fee and evidence of completing the continuing education credits required for the current renewal period. Reinstatement applicants would have to submit the same information, along with the past due fee from the last renewal period. If the Board concludes that an applicant would not be able to practice safely, the Board could require the applicant to pass an examination, complete a refresher course, or meet any other Board-imposed requirement. The proposed amendments, repeals, and new rules will make it easier for individuals to reactivate or reinstate licenses.
N.J.A.C. 13:35-3.2 sets forth qualifications for licensure by endorsement for physicians. The section requires the Board to issue a license to practice medicine and surgery to applicants who can show that they meet the requirements to take the licensing examination. The section also sets forth certifications applicants must hold, or examinations the applicants must have taken and passed, in order to qualify for a license.
N.J.A.C. 13:35-3.3 sets forth qualifications for licensure by endorsement for podiatrists. The existing section requires the Board to issue a license to practice podiatry to applicants who can show they meet requirements for admission to the licensing examination and that they passed the National Board of Podiatric Medical Examiners examination. The Board proposes to repeal existing N.J.A.C. 13:35-3.2 and replace it to set forth qualification requirements for licensure by reciprocity for both physicians and podiatrists, pursuant to N.J.S.A. 45:1-7.5. The Board proposes to repeal and reserve N.J.A.C. 13:35-3.3, as podiatrists will be covered by proposed new N.J.A.C. 13:35-3.2, this section is no longer needed. The proposed replacement of N.J.A.C. 13:35-3.2 removes the requirements that applicants must show to meet requirements for admission to the licensing examination and removes reference to the specific certifications and examinations that applicants are required to hold or pass. The proposed new rule allows the Board to issue a license to an applicant if the Board determines that the state in which the applicant is licensed has standards for licensure substantially equivalent to Board standards and the applicant has been practicing for at least two years [page=1901] within the five years prior to applying for a license. Applicants would have to submit documentation from every state in which they are licensed, or were ever licensed, indicating that their licenses are in good standing. Applicants would have to undergo a criminal history background check and designate agents in New Jersey for service of process if they will not reside or have offices in New Jersey. The proposed new rule provides standards for determining if a license is in good standing and whether an examination is substantially similar to that required by the Board. The Board would be permitted to revoke a license obtained through fraud, deception, or misrepresentation. The Board could grant a license to an applicant whose license was not in good standing due to a pending action, disciplinary proceeding, or criminal charge, as long as the alleged conduct that is the subject of the action, proceeding, or charge was not related to the practice of medicine or surgery or podiatry; would not adversely affect public health, safety, or welfare; would not result in economic or physical harm; or create a significant threat of such harm. If the Board does not receive documentation verifying an individual's education, training, and examination results within six months of the Board issuing a license to that individual, the Board must revoke the license after providing the individual with an opportunity to be heard.
N.J.A.C. 13:35-3.14 sets forth renewal and inactive licensure requirements for licensees. Subsections (a), (b), (c), and (d) require licensees to renew licensure every two years by submitting a renewal application and renewal fee. The Board is required to send renewal notices to licensees at least 60 days prior to the expiration of a license. If a licensee does not renew a license prior to its expiration, the licensee may renew the license within 30 days of expiration by submitting a renewal application, renewal fee, and late fee. If a licensee does not renew licensure within 30 days of expiration, the license will be suspended. The Board proposes to amend this section to incorporate the licensure renewal requirements at N.J.S.A. 45:1-7.1. Pursuant to the proposed amendments at N.J.A.C. 13:35-3.14(b), the Board must send out notices that explain the option to renew as inactive and provide that a late notice of renewal will allow for a renewal to be returned within 60 days of the notice, or 30 days from the date of license expiration. Pursuant to proposed new N.J.A.C. 13:35-3.14(c), licensees can renew by choosing inactive status. At recodified N.J.A.C. 13:35-3.14(e), a licensee that does not renew a license by the end of the 30-day late period would be suspended. This provision is amended for clarification of the procedure. Existing N.J.A.C. 13:35-3.14(e) through (i) are deleted, but subsections (g), (h), and (i), which address inactive license status and the process to reactivate an inactive license, have been relocated to proposed new N.J.A.C. 13:35-3.14A with amendments. Subsections (e) and (f) have been relocated to proposed new N.J.A.C. 13:35-3.14B. New N.J.A.C. 13:35-3.14(f) addresses the continued practice of a suspended practitioner.
New N.J.A.C. 13:35-3.14A incorporates requirements for reactivation of licensure, pursuant to N.J.S.A. 45:1-7.4. A licensee seeking to reactivate a license would be required to submit a renewal application, a certification of employment listing jobs held while a license was inactive, the active renewal fee, evidence of having completed the continuing education credits required for the current renewal period, and a completed criminal history authorization form. New N.J.A.C. 13:35-3.14A(b) would permit licensees to satisfy continuing education requirements by showing that they completed the requirements of another state in which they were licensed. New N.J.A.C. 13:35-3.14A(c) would permit the Board to require a licensee to pass an examination, or meet any other Board-imposed requirement, if the Board determines that there is a reason to conclude that the licensee would not be able to practice safely. The proposed new rule provides criteria for determining if a practice deficiency exists.
Existing N.J.A.C. 13:35-3.14(e) and (f) establish the process by which licensees with suspended licenses may reinstate those licenses. These provisions have been relocated to new N.J.A.C. 13:35-3.14B to incorporate requirements for reinstatement of a suspended license, pursuant to N.J.S.A. 45:1-7.4. Pursuant to new N.J.A.C. 13:35-3.14B(a), a licensee seeking to reinstate a license would have to submit a reinstatement application, a certification of employment listing jobs held during the period a license was suspended, the current renewal fee and the past due fee from the last renewal period, a reinstatement fee, evidence of completing the continuing education credits required for the current renewal period, and a completed criminal history authorization form. Pursuant to new N.J.A.C. 13:35B(b), licensees could satisfy continuing education requirements by showing that they completed the requirements of another state in which they were licensed. New N.J.A.C. 13:35-3.14B(c) would permit the Board to require a licensee to pass an examination, or meet any other Board-imposed requirement, if the Board determines that there is a reason to conclude that a licensee would not be able to practice safely. Criteria for determining if a practice deficiency exists are provided.
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 proposed amendments, repeals, and new rules will make it easier for licensees to resume practicing after a period of inactivation or suspension, which will increase the availability of medical professionals for New Jersey patients. For example, the proposed amendments, repeals, and new rules allow licensees to satisfy the Board's continuing education requirements by submitting proof of compliance with another state's continuing education requirements. The proposed amendments, repeals, and new rules also remove provisions that imposed harsher requirements for licensees whose licenses were suspended or inactive for more than five years, which could encourage licensees who have been suspended or inactive for a long period of time to return to practice.
Economic Impact
The Board believes that the proposed amendments, repeals, and new rules may have a positive economic impact upon licensees seeking to reactivate or reinstate their license. Accepting continuing education requirements of another state would save licensees the costs associated with completing New Jersey continuing education requirements. Licensees seeking reinstatement may also realize a positive economic benefit because they will no longer be required to pay all past delinquent renewal fees.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments, repeals, and new rules do not involve any Federal laws or standards.
Jobs Impact
The Board does not believe that the proposed amendments, repeals, and new rules will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The Board does not believe that the proposed amendments, repeals, and new rules will have any impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
As physicians and podiatrists are individually licensed by the Board pursuant to 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 economic impact on small businesses is the same as for all businesses as set forth in the Economic Impact statement. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendments, repeals, and new rules. The proposed amendments, repeals, and new rules impose no reporting or recordkeeping requirements, but impose compliance requirements upon licensees, as detailed in the Summary above.
As the compliance requirements contained in the proposed amendments, repeals, and new rules are necessary to ensure that licensees comply with the renewal, reactivation, and reinstatement requirements at N.J.S.A. 45:1-7.1, 7.4, and 7.5, the Board believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of a business.
Housing Affordability Impact Analysis
The proposed amendments, repeals, and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments, repeals, and new rules would evoke a change in the average costs associated with housing because the proposed amendments, repeals, and new rules [page=1902] concern license renewal requirements for licensed physicians and podiatrists.
Smart Growth Development Impact Analysis
The proposed amendments, repeals, and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments, repeals, and new 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 amendments, repeals, and new rules concern license renewal requirements for licensed physicians and podiatrists.
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.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 3. LICENSING EXAMINATIONS AND ENDORSEMENTS, LIMITED EXEMPTIONS FROM LICENSURE REQUIREMENTS; POST-GRADUATE TRAINING
[13:35-3.2 Endorsement; physicians
(a) The Board shall grant without examination a license to practice medicine and surgery to any person who shall furnish proof that he or she can fulfill the requirements of law relating to applicants for admission by examination and who:
1. Has presented certification of either the National Board of Medical Examiners or Osteopathic Examiners that the applicant has attained diplomate status from either of those organizations;
2. Has been licensed in another state upon successful passage of a non-FLEX written plenary examination taken in English prior to December 31, 1972, and submits proof of active and reputable practice of medicine and surgery for 10 or more years;
3. Has been licensed in another state upon successful passage of a non-FLEX written plenary examination and presents proof of certification as a diplomate of any specialty board recognized by the American Board of Medical Specialties or the American Osteopathic Association;
4. Has taken the FLEX exam prior to January 1981, and attained a FLEX weighted average of 74.5 or better;
5. Has taken the FLEX exam between January 1981 and June 1985, and attained a weighted score of 75 or better;
6. Has taken the FLEX exam between June 1985 and December 1994 and attained a FLEX weighted average of 75 or better in each of the two components;
7. Has presented certification from either the National Board of Medical Examiners or Osteopathic Examiners that the applicant has successfully passed the first two parts of the examination administered by those entities, as well as proof of the attainment of a score of 75 or better on Component II of the FLEX or passing scores on Step 3 of the USMLE; or
8. Has taken the full USMLE examination sequence in a manner consistent with New Jersey standards, as set forth in N.J.A.C. 13:35-3.1.]
13:35-3.2 Licensure by reciprocity
(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who holds a valid, current license in good standing issued by another state, if:
1. The Board determines that the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;
2. The applicant has been practicing medicine or surgery or podiatry for a period of at least two years within the five years prior to the date of application; and
3. The requirements at (b) below are satisfied.
(b) Prior to the issuance of the license, the Board shall have received:
1. Documentation from any state in which the applicant is, or was ever, licensed that the applicant's license(s) is in good standing;
2. Results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police that do not disclose a conviction for a disqualifying crime; and
3. Designation of an agent in New Jersey for service of process, if the applicant is not a New Jersey resident and does not have an office in New Jersey.
(c) For purposes of this section, "good standing" means that:
1. No action has been taken against the applicant's license by any licensing board;
2. No action adversely affecting the applicant's privileges to practice medicine or surgery or podiatry has been taken by any out-of-State institution, organization, or employer;
3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice medicine or surgery or podiatry;
4. All fines levied by any out-of-State board have been paid; and
5. There is no pending or final action by any criminal authority for violation of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.
(d) For purposes of this section, "substantially equivalent" examination requirements need not be identical to the current examination requirements of New Jersey, but such examination requirements shall be nationally recognized and of comparable scope and rigor.
(e) The Board will consider an applicant's experience to compensate for disparity in substantial equivalence in education and examination requirements at (a) above.
(f) The Board may grant a license to an applicant seeking reciprocity who does not meet the good standing requirements at (a) due to any of the following, provided the alleged conduct of the applicant does not demonstrate a serious inability to practice medicine or surgery or podiatry; did not adversely affect the public health, safety, or welfare; did not result in economic or physical harm to a person; and did not create a significant threat of such harm or adverse effect:
1. A pending action by a licensing board;
2. A pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice;
3. A pending disciplinary proceeding; or
4. A pending criminal charge or arrest for a crime.
(g) If, within six months after the issuance of the license, the Board has not received documentation verifying the person's education, training, and examination results, the Board shall, after the licensee has been given notice and an opportunity to be heard, revoke the license.
(h) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license determined by the Board to have be issued based on licensure obtained in another state through fraud, deception, or misrepresentation.
13:35-3.3 [Endorsement; podiatric physicians] (Reserved)
[The Board shall grant without examination a license to practice podiatry to any person who shall furnish proof of satisfaction of the requirements of law relating to applicants for admission by examination and who shall further furnish proof of certification by the National Board of Podiatric Medical Examiners certifying that the applicant has attained a passing score in said examination.]
[page=1903] 13:35-3.14 Biennial license renewal[; license suspension; reinstatement of suspended license; inactive status; return from inactive status]
(a) (No change.)
(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. 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 failure to renew, provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(c) Licensees may renew their license by choosing inactive status. Licensees electing to renew as inactive shall not engage in the practice of medicine or surgery or podiatry or hold themselves out as eligible to engage in the practice of medicine or surgery or podiatry in New Jersey until such time as the license is returned to active status.
[(c)] (d) (No change in text.)
[(d)] (e) A [license that is not renewed] licensee who fails to submit a renewal application within 30 days of [its] license expiration shall [be automatically] have the license suspended without a hearing. [An individual who continues to practice with a suspended license shall be deemed to be engaged in unlicensed practice.]
[(e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Board upon completion of the following:
1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:35-6.13;
2. Completion of the continuing education units required for each biennial registration period for which the licensee was suspended, if appropriate; and
3. Submission of an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer.
(f) In addition to the fulfilling the requirements set forth in (e) above, a licensee whose license has been automatically suspended for more than five years who wishes to return to have his or her license reinstated shall reapply for licensure and, in accordance with N.J.S.A. 45:5-9b or 45:9-6.1, whichever is appropriate, shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.
(g) Renewal applications shall provide the licensee with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:35-6.13 and shall not engage in practice.
(h) A licensee 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 reinstatement fee;
2. The completion of the continuing education units required for each biennial registration period for which the licensee was on inactive status, if appropriate; and
3. Submission of an affidavit of employment listing each job held during the period the licensee was on inactive status which includes the name, address, and telephone number of each employer.
(i) In addition to the fulfilling the requirements set forth in (h) above, a licensee who has been on inactive status for more than five years who wishes to return to practice shall reapply for licensure and, consistent with N.J.S.A. 45:5-9b or 45:9-6.1, whichever is appropriate, shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.]
(f) A licensee who continues to engage in the practice of medicine or surgery or podiatry with a suspended license shall be deemed to be engaging in the unlicensed practice of medicine or surgery or podiatry and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.
13:35-3.14A License reactivation
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:35-3.14(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period of inactive license which includes the name, address, and telephone number of each employer;
3. The active renewal fee set forth at N.J.A.C. 13:35-6.13;
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:35-6.15; and
5. A completed Criminal History Certification of Authorization form.
(b) An applicant seeking reactivation of an inactive New Jersey license who holds a valid, current license in good standing issued by another state to engage in the practice of medicine or surgery or podiatry and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements at (a)4 above. If the other state does not have any continuing education requirements, the requirements at (a)4 above shall apply.
(c) If the Board's review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to and successfully pass an examination or an assessment of skills, or other requirements as determined by the Board prior to reactivation of the license. If that examination, assessment, or other requirement identifies deficiencies or educational needs, the Board may require the applicant as a condition of reactivation of licensure to take and successfully complete education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary, to ensure that the applicant practices with reasonable skill and safety. In making its determination whether there are practice deficiencies requiring remediation, the Board may consider the following:
1. Length of time license was inactive;
2. Employment history;
3. Professional history;
4. Disciplinary history and any action taken against the applicant's license or registration by any professional or occupational board;
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of medicine or surgery, podiatry, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction;
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional or occupational board in New Jersey, any other state, the District of Columbia, or any other jurisdiction; and
7. Civil litigation related to the practice of medicine or surgery, podiatry, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction.
13:35-3.14B License reinstatement
(a) A licensee who has had a license suspended pursuant to N.J.A.C 13:35-3.14(e) who seeks reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license that includes the name, address, and telephone number of each employer;
3. The renewal fee set forth at N.J.A.C. 13:35-6.13 for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
[page=1904] 5. The reinstatement fee set forth at N.J.A.C. 13:35-6.13;
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:35-6.15; and
7. A completed Criminal History Certification of Authorization form.
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of medicine or surgery or podiatry and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements at (a)6 above. If the other state does not have any continuing education requirements, the requirements at (a)6 above shall apply.
(c) If the Board's review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require the applicant to submit to and successfully pass an examination or an assessment of skills, or other requirements as determined by the Board prior to reinstatement of the license. If that examination, assessment, or other requirement identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reinstatement of licensure to take and successfully complete education or training requirements, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to ensure that the applicant practices with reasonable skill and safety. In making its determination whether there are practice deficiencies requiring remediation, the Board may consider the following:
1. Length of time the license was suspended;
2. Employment history;
3. Professional history;
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of medicine or surgery, podiatry, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction;
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional or occupational board in New Jersey, any other state, the District of Columbia, or any other jurisdiction; and
7. Civil litigation related to the practice of medicine or surgery, podiatry, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction.