Authorized By: New Jersey State Board of Dentistry, Joanne Magrath, Acting Executive Director.

Authority: N.J.S.A. 45:1-15 and 45:6-1 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2024-024.

Submit comments by May 3, 2024, to:

Joanne Magrath, Acting Executive Director
New Jersey State Board of Dentistry
124 Halsey Street
PO Box 45005
Newark, NJ 07101
or electronically at:
http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx

The agency proposal follows:

Summary

The State Board of Dentistry (Board) proposes to amend its rules at N.J.A.C. 13:30-1.2, regarding the requirements for licensure to practice dentistry because the two-part examination cited in the existing rule at N.J.A.C. 13:30-1.2(b)4, (d)3, and (e)4 has been discontinued and replaced with one integrated examination. The existing rule requires applicants for licensure to practice dentistry to successfully complete Parts I and II of the National Board Dental Examination (NBDE). Part I of the NBDE was discontinued in 2020, and Part II of the NBDE was discontinued in 2022. These tests have been replaced by the Integrated National Board Dental Examination (INBDE), which launched on August 1, 2020. The Board proposes to amend N.J.A.C. 13:30-1.2(b)4, (d)3, and (e)4 to require applicants for licensure to practice dentistry to submit documentation of their successful completion of either Parts I and II of the NBDE or the INBDE. In addition, the Board proposes to correct a typographical error at N.J.A.C. 13:30-1.2(d) by replacing "of" with "or."

As the Board has provided a 60-day comment period on this notice of proposal, 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 believes the proposed amendments will have a positive social impact because they require applicants for licensure to practice dentistry to successfully complete an examination that evaluates a candidate's fitness for licensure as a dentist, while providing applicants who have already passed the discontinued two-part examination with the ability to apply for licensure using the discontinued two-part examination.

Economic Impact

The Board does not anticipate that the proposed amendments will add to the economic impact of the existing rule because the proposed amendments merely update the examination requirement, but do not create a new requirement.

Federal Standards Statement

There are no Federal laws or standards appliable to the proposed amendments.

Jobs Impact

The Board does not believe that the proposed amendments will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

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 rulemaking will apply. A regulatory flexibility analysis is not required because the proposed amendments apply only to applicants for licensure, who are not considered "small businesses" because they do not yet have a license to practice.

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 the requirements for licensure to practice dentistry.

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, pursuant to the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern the requirements for licensure to practice dentistry.

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.

[page=316] Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1. LICENSURE TO PRACTICE DENTISTRY

13:30-1.2 Application for licensure to practice dentistry

(a) (No change.)

(b) To qualify as a candidate for dental licensure, an applicant shall submit a completed application to the Board, which shall contain the following information and materials:

1.-3. (No change.)

4. Results of the successful completion of [parts I and II of the National Board Dental examination;] either of the following:

i. Parts I and II of the National Board Dental Examination; or

ii. The Integrated National Board Dental Examination;

5.-9. (No change.)

(c) (No change.)

(d) A candidate for dental licensure who has successfully completed the ADEX dental examination and who has not practiced as a licensed dentist for a period of five years [of] or more prior to the date of application shall re-take the ADEX examination or a Board-approved refresher course with a post-course examination. The Board shall use the results of the clinical or post-course examination to assess competency and practice proficiencies. If the examination identifies deficiencies or educational needs, the Board may require the applicant, as a condition of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to [assure] ensure that the applicant practices with reasonable skill and safety. A candidate for dental licensure shall submit a completed application to the Board, which shall contain the following information and materials:

1.-2. (No change.)

3. Results of the successful completion of [parts I and II of the National Board Dental examination;] either of the following:

i. Parts I and II of the National Board Dental Examination; or

ii. The Integrated National Board Dental Examination;

4.-8. (No change.)

(e) A candidate for dental licensure by credentials, who is licensed to practice dentistry in another state or jurisdiction, shall submit a completed application to the Board, which shall contain the following information and materials:

1.-3. (No change.)

4. Results of the successful completion of [parts I and II of the National Board Dental Examination;] either of the following:

i. Parts I and II of the National Board Dental Examination; or

ii. The Integrated National Board Dental Examination;

5.-10. (No change.)

(f)-(g) (No change.)