56 N.J.R. 1844(a)

VOLUME 56, ISSUE 18, SEPTEMBER 16, 2024
RULE PROPOSALS

Reporter
56 N.J.R. 1844(a)
NJ - New Jersey Register  >  2024  >  SEPTEMBER  >  SEPTEMBER 16, 2024  >  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 DENTISTRY

Administrative Code Citation


Proposed Amendment: N.J.A.C. 13:30-2.2      

Text

 Registered Dental Assistant Expanded Functions Program
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 2024-108.
Submit comments by November 15, 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 Board of Dentistry (Board) proposes to amend N.J.A.C. 13:30-2.2, regarding the requirements for registration as a registered dental assistant (RDA). Currently, an applicant who successfully completes a program in expanded functions must also pass the New Jersey Expanded Functions Examination administered by the Dental Assisting National Board (DANB). The proposed amendments revise this requirement so that an applicant who successfully completes a Board-approved expanded functions program will not be required to pass the New Jersey Expanded Functions Examination. The Board also proposes to delineate the requirements of a Board-approved expanded functions program.
The Board proposes to amend N.J.A.C. 13:30-2.2(a) to restructure it for clarity and make one substantive change. N.J.A.C. 13:30-2.2(a)1 and (a)2i and ii all require a dental assistant applicant to pass the Certified Dental Assistant Examination administered by DANB within 10 years of the date of application. As all applicants are required to pass this examination, the Board proposes to relocate this requirement to N.J.A.C. 13:30-2.2(a), rather than repeating it in each paragraph and subparagraph.
N.J.A.C. 13:30-2.2(a)2i and ii require an applicant without a degree from an approved education program for dental assistants to obtain at least two years of work experience as a dental assistant during the five-year period prior to applying for registration. As all applicants without a degree are required to have this work experience, the Board proposes to relocate this requirement to N.J.A.C. 13:30-2.2(a)2, rather than repeating it in each subparagraph.
Currently, in addition to obtaining two years of experience, an applicant without a degree from an approved education program must either pass the New Jersey Expanded Functions Examination administered by DANB or take an expanded functions course and pass the New Jersey Expanded Functions Examination administered by DANB. The Board proposes to amend N.J.A.C. 13:30-2.2(a)2ii to remove the requirement that an applicant who has successfully completed and passed a Board-approved program in expanded functions also must pass the New Jersey Expanded Functions Examination administered by DANB. The Board proposes to offer a path to registration that does not require passage of the New Jersey Expanded Functions Examination for applicants who prefer to qualify through a program, rather than a standardized test.
The Board proposes to amend N.J.A.C. 13:30-2.2(b) to restructure it for clarity. Currently, N.J.A.C. 13:30-2.2(b)2 sets forth specific documentation that applicants must submit. Most of the paragraph, which includes provisions that require applicants to submit certificates of graduation, certificates of completion of the DANB examination for clinical competency in expanded functions, and certificates of completion of an approved expanded functions program, is proposed to be relocated as new N.J.A.C. 13:30-2.2(b)6. These provisions have been revised to establish that certificates of graduation are required from applicants who qualify pursuant to N.J.A.C. 13:30-2.2(a)1, certificates of completion of the New Jersey Expanded Functions Examination administered by DANB are required from applicants who qualify pursuant to N.J.A.C. 13:30-2.2(a)2i, and certificates of completion of an approved expanded functions program are required from applicants who qualify pursuant to N.J.A.C. 13:30-2.2(a)2ii. The Board proposes to amend the provision at existing N.J.A.C. 13:30-2.2(b)2iii, requiring documentation of completion of an expanded functions program, which is proposed for relocation as N.J.A.C. 13:30-2.2(b)6iii, to require that the expanded functions program be approved by the Board, that the program address competency in the expanded functions skills set forth at proposed new subsection (d), and that the applicants pass a final written examination.
Provisions currently at N.J.A.C. 13:30-2.2(b)2iv and v, requiring applicants to submit a certificate of completion of the Certified Dental Assistant Examination and a certificate of completion of the New Jersey Jurisprudence orientation, are proposed for relocation as N.J.A.C. 13:30-2.2(b)2 and 3. The rulemaking specifies that the DANB examination must be administered within 10 years prior to the date of application, consistent with existing N.J.A.C. 13:30-2.2(a)1 and (b)2i and ii. N.J.A.C. 13:30-2.2(b)3 and 4, which require applicants to submit criminal history background checks and the application fee, are proposed for recodification as N.J.A.C. 13:30-2.2(b)4 and 5, with no substantive change.
In addition to requiring documentation of completion of a program in expanded functions, existing N.J.A.C. 13:30-2.2(b)2iii sets forth approved providers of programs in expanded functions. The Board proposes to recodify the list of approved providers as new subsection (c). [page=1845] Institutions approved by the Commission on Dental Accreditation continue to be recognized as approved providers of expanded functions programs. Pursuant to the existing rule, the Board recognizes regionally accredited institutions of higher education and in-service training programs conducted by Federal, State, or local government agencies. Pursuant to proposed new subsection (c), expanded functions programs of regionally accredited institutions, Federal, State, or local government in-service programs, and other training institutions must be approved by the Board pursuant to proposed new subsections (d) and (e). As applicants who take these programs will no longer be required to pass the New Jersey Expanded Functions Examination administered by DANB, the Board is proposing to require Board approval for these expanded functions programs and to delineate program requirements.
The Board proposes new N.J.A.C. 13:30-2.2(d) to set forth the requirements of a Board-approved expanded functions program. The proposed new subsection requires that the program's instructors be licensed dentists, licensed dental hygienists, or registered dental assistants in good standing in New Jersey and sets forth the minimum number of hours and content that must be covered in a Board-approved expanded functions program. The proposed new subsection also requires a program to include a final written examination and demonstration of competency in the expanded functions at proposed N.J.A.C. 13:30-2.2(d)2i through v.
The Board proposes new N.J.A.C. 13:30-2.2(e) to set forth the process for obtaining Board approval of an expanded functions program. Providers of an expanded functions program, other than institutions approved by the Commission on Dental Accreditation, must submit the information required at proposed N.J.A.C. 13:30-2.2(e)1i through iv to the Board at least 90 days prior to the date of the proposed expanded functions program. This information includes a detailed, descriptive outline of the program's content, objectives, and schedule; the curriculum vitae of each instructor; the final written examination; and a detailed plan for competency evaluation. In addition, at proposed N.J.A.C. 13:30-2.2(e)2, 3, and 4, a Board-approved program in expanded functions shall maintain attendance sheets, evaluate the program using feedback from students and instructors, and obtain Board approval prior to representing to the public that the program fulfills the requirements at proposed N.J.A.C. 13:30-2.2(a)2ii. Proposed N.J.A.C. 13:30-2.2(e)4 states that Board approval is valid for two years; provided that the documentation submitted pursuant to proposed N.J.A.C. 13:30-2.2(e)1 remains unchanged.
As the Board has provided as 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 rulemaking will have a positive social impact because it expands the paths to registration available to RDA applicants. At the same time, the Board believes the proposed amendments will protect the public by delineating the requirements for expanded functions programs.
Economic Impact
The Board anticipates that the proposed amendments will have a positive economic impact on RDA applicants who qualify pursuant to N.J.A.C. 13:30-2.2(a)2ii. The proposed amendments at N.J.A.C. 13:30-2.2(a)2ii offer a path to registration that does not require passage of the New Jersey Expanded Functions Examination. Consequently, RDA applicants who qualify pursuant to N.J.A.C. 13:30-2.2(a)2ii will no longer have to bear the costs associated with the examination. In addition, to the extent the proposed amendments at N.J.A.C. 13:30-2.2(a)2ii allow the Board to grant additional applications for registration, the proposed amendments may have a positive economic impact on the regulated community and the public.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:6-48 et seq., and are not subject to any Federal requirements or standards.
Jobs Impact
The Board does not believe that the rulemaking will result in the creation or loss of jobs in the State. While the proposed amendments will not create new jobs, the proposed amendments at N.J.A.C. 13:30-2.2(a)2ii will expand the employment opportunities available to some RDA applicants.
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 proposed amendments will apply. A regulatory flexibility analysis is not required because the proposed amendments apply only to applicants for registration as RDAs. Applicants for registration are not considered "small businesses" because they do not yet have the registration necessary 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 rulemaking would evoke a change in the average costs associated with housing because the proposed amendments concern the requirements for RDA applicants.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the regulation 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 RDA applicants.
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 2. DENTAL ASSISTANTS
13:30-2.2 Application for registration as dental assistant
(a) An applicant [desiring to secure] seeking registration as a dental assistant shall have passed the Certified Dental Assistant Examination administered by the Dental Assisting National Board (DANB) within 10 years prior to the date of application, have a certificate of completion of the online New Jersey Jurisprudence orientation taken within six months of the date of application, and shall have:
1. Satisfactorily completed and graduated, within the past 10 years, from an educational program for dental assistants approved by the Board and the Commission on Dental Accreditation [and shall have taken the Certified Dental Assistant Examination administered by the Dental Assisting National Board (DANB) within 10 years prior to the date of application]; or
2. Successfully completed high school (or its equivalent), obtained at least two years of work experience as a dental assistant during the five-year period prior to making application for registration, and shall have:
[i. Obtained at least two years of work experience as a dental assistant during the five-year period prior to making application for registration, passed the Certified Dental Assistant Examination administered by DANB within 10 years prior to the date of application, successfully completed a Board-approved program in expanded functions, and passed the New Jersey Expanded Functions Examination administered by DANB; or]
[ii.] i. [Obtained at least two years of work experience as a dental assistant during the five-year period prior to making application for registration, passed the Certified Dental Assistant administered by DANB within 10 years prior to application, and passed] Passed the New Jersey Expanded Functions Examination administered by DANB[.]; or
[page=1846] ii. Successfully completed and passed a program in expanded functions approved by the Board pursuant to (c) below.
(b) An applicant for registration as a dental assistant shall submit a completed application to the Board that contains the following information and materials:
1. (No change.)
[2. Proof of the following, if applicable pursuant to (a) above:
i. A certificate of graduation from an approved educational program in dental assisting in which the expanded functions or duties listed in N.J.A.C. 13:30-2.4 are taught;
ii. A certificate of successful completion of an examination for clinical competency in expanded functions in dental assisting administered by DANB;
iii. A certificate of successful completion of an approved program in expanded functions in dental assisting. The Board shall recognize the following as providers of approved programs in expanded functions:
(1) An institution approved by the Commission on Dental Accreditation;
(2) Institutions of higher education which have met the standards of the Commission on Higher Education or a regional agency recognized by the Council on Post-Secondary Accreditation; or
(3) In-service training programs conducted at the graduate level by agencies of the Federal, State, or local government, which are substantially similar to programs described in (b)2iii(1) and (2) above;
iv. A certificate of successful completion of the Certified Dental Assistant Examination administered by DANB; and
v. A certificate of completion of the online New Jersey Jurisprudence orientation within six months of the date of application;]
2. A certificate of successful completion of the Certified Dental Assistant Examination administered by DANB within 10 years prior to the date of application;
3. A certificate of completion of the online New Jersey Jurisprudence orientation within six months of the date of application;
[3.] 4. Results from a criminal history background check conducted by the State of New Jersey pursuant to N.J.S.A. 45:1-28 et seq.; [and]
[4.] 5. The application fee set forth [in] at N.J.A.C. 13:30-8.1[.]; and
6. Proof of the following, as applicable pursuant to (a) above:
i. A certificate of graduation from an approved educational program in dental assisting in which the expanded functions or duties listed at N.J.A.C. 13:30-2.4 are taught, if applying pursuant to the qualifications set forth at (a)1 above;
ii. A certificate of successful completion of the New Jersey Expanded Functions Examination administered by DANB, if applying pursuant to the qualifications set forth at (a)2i above; or
iii. A certificate of successful completion of a Board-approved program in expanded functions in dental assisting certifying competency in all expanded functions skills at (d)2 below and passage of a final written examination, if applying pursuant to the qualifications set forth at (a)2ii above.
(c) The Board shall recognize the following as providers of approved programs in expanded functions:
1. Dental assisting programs approved by the Commission on Dental Accreditation; and
2. Regionally accredited institutions, in-service programs of Federal, State, or local government, and training institutions, provided the expanded functions program has been approved by the Board pursuant to (d) and (e) below.
(d) An expanded functions program shall:
1. Be taught by a licensed dentist, licensed dental hygienist, or registered dental assistant in good standing in New Jersey;
2. Provide a minimum of 15 hours of didactic training and 30 hours of clinical instruction in the following:
i. The expanded functions at N.J.A.C. 13:30-2.4;
ii. Patient pre-evaluation, including medical and dental history considerations;
iii. Recognition of adverse events;
iv. Emergency procedures and basic life support; and
v. Selection of appropriate armamentarium, agents, and techniques; and
3. Require passage of a final written examination and a demonstration of competency in the topics required at (d)2 above.
(e) All providers of an expanded functions program, other than dental assisting programs approved by the Commission on Dental Accreditation, shall:
1. Apply for Board approval by submitting the following to the Board at least 90 days prior to the date of the proposed expanded functions program:
i. A detailed, descriptive outline of the program's content, objectives, and schedule;
ii. The curriculum vitae of each instructor that indicates the instructor has met the requirements at (d)1 above;
iii. The final written examination; and
iv. A detailed plan for evaluation of clinical competency;
2. Maintain daily attendance sheets that include the time the student arrives and leaves, with the student's signature next to each time entry;
3. Evaluate the program by soliciting feedback from both students and instructors; and
4. Obtain Board approval prior to representing that the program fulfills the requirements at (a)2ii above. Board approval shall be valid for two years from the date of approval provided that documentation submitted pursuant to (e)1 above remains unchanged from the initial application.