Authorized By: Hearing Aid Dispensers Examining Committee, Antonia Winstead, Executive Director.

Authority: N.J.S.A. 45:9A-7.

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

Proposal Number: PRN 2023-038.

Submit written comments by July 14, 2023, to:

Antonia Winstead, Executive Director
Hearing Aid Dispensers Examining Committee
Division of Consumer Affairs
124 Halsey Street
PO Box 45002
Newark, New Jersey 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

N.J.A.C. 13:35-8.17 establishes examination requirements for licensure as a hearing aid dispenser. The Hearing Aid Dispensers Examining Committee (Committee) proposes to amend N.J.A.C. 13:35-8.17 to recognize that written examination applicants are required to pass the International Licensing Examination (ILE) given by the International Hearing Society. The Committee also proposes to amend the section to recognize that the name of the examination on laws and rules governing the practice of hearing aid dispensing is the "jurisprudence examination."

N.J.A.C. 13:35-8.17 requires a candidate to retake the written examination if he or she fails a section of the ILE. The Committee proposes to delete this provision. The Committee proposes two new amendments to address passing the examinations. The first amendment, new N.J.A.C. 13:35-8.17(c), requires that a candidate pass the ILE prior to taking the jurisprudence or practical examinations. The second amendment, new N.J.A.C. 13:35-8.17(g), requires that an applicant pass the jurisprudence and practical examinations within two years of passing the ILE. If a candidate does not pass the jurisprudence and practical examinations within this two-year timeframe, the candidate would be required to retake the ILE.

As the Board of Medical Examiners (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

Requiring applicants to pass the practical and jurisprudence examination within two years of passing the ILE will protect those who [page=989] use the services of hearing aid dispensers by ensuring that newly licensed individuals have recently established their competency to practice by passing the licensing examinations. The Committee does not believe that the proposed amendments will have any other impact on society.

Economic Impact

The proposed amendments would have an economic impact on applicants who do not pass the practical or jurisprudence examination within two years of passing the ILE. Such applicants would incur the cost of retaking the ILE, before they could retake the practical and jurisprudence examinations.

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 Committee does not anticipate that the proposed amendments will increase or decrease the number of jobs in the State.

Agriculture Industry Impact

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

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Committee 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 a small business 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 examination requirements for those seeking licensure as hearing aid dispensers.

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 concerns examination requirements for those seeking licensure as hearing aid dispensers.

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 8. HEARING AID DISPENSERS

13:35-8.17 Licensing examination

(a) (No change.)

(b) The written examination shall consist of [two sections, one section relating to theory and knowledge about fitting and dispensing hearing aids; and the other section testing knowledge relating to the laws and regulations governing the practice of fitting and dispensing hearing aids.

1. In order to pass the licensing examination the candidate shall attain a passing score as determined by the examining agency on the written section of the examination relating to theory and knowledge about fitting and dispensing hearing aids and a score of 70 or greater on the written section of the examination relating to laws and regulations.

2. Candidates who fail all or any section of the written examination shall be required to sit for the entire licensing examination during the next regularly scheduled examination with one exception: candidates failing only the law and regulation section may be admitted to a re-examination for this section only.]:

1. The International Licensing Examination (ILE) offered by the International Hearing Society (IHS); and

2. A jurisprudence examination offered by the Committee, testing knowledge relating to the laws and rules governing the practice of fitting and dispensing hearing aids.

(c) A candidate shall not be eligible to take the jurisprudence or practical examinations until he or she has successfully passed the ILE.

(d) In order to pass the jurisprudence examination, a candidate shall attain a score of 70 or greater.

Recodify existing (c)-(d) as (e)-(f) (No change in text.)

(g) A candidate who has successfully passed the ILE shall have two years from the date he or she passed the ILE to take and successfully pass the jurisprudence and practical examinations. A candidate who has not passed the jurisprudence and/or practical examinations within this two-year time period shall be required to retake and pass the ILE prior to retaking the jurisprudence and practical examinations.