56 N.J.R. 2267(a)

VOLUME 56, ISSUE 23, DECEMBER 2, 2024
RULE PROPOSALS

Reporter
56 N.J.R. 2267(a)
NJ - New Jersey Register  >  2024  >  DECEMBER  >  DECEMBER 2, 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 PHARMACY

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:39-2.2 and 2A.5      

Text

 Examination Requirements for Licensure and Reciprocal Licensure
Authorized By: New Jersey State Board of Pharmacy, Anthony Rubinaccio, Executive Director.
Authority: N.J.S.A. 45:1-15.1, 45:14-47, and 45:14-48.
Calendar Reference: See Summary for explanation of exception to calendar requirement.
Proposal Number: PRN 2024-134.
Submit comments by January 31, 2025, to:
Anthony Rubinaccio
New Jersey State Board of Pharmacy
124 Halsey Street
PO Box 45013
Newark, NJ 07101
Or electronically at: http://www.njconsumeraffairs.gov/Pro-posals/Pages/default.aspx
The agency proposal follows:
Summary
The State Board of Pharmacy (Board) is proposing to amend N.J.A.C. 13:39-2.2 and 2A.5 due to changes in how results are reported for two licensing examinations. Both the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE) now provide results on a pass/fail basis, without a numerical score. As scores are valid for five years, the Board proposes to amend its rules to address the results that the Board will accept as passing through both a numerical and a pass/fail method of reporting examination scores. Throughout the rulemaking, the Board also proposes to replace gendered language with gender-neutral language.
The Board proposes to delete existing N.J.A.C. 13:39-2.2(a) and (b), which set forth the initial licensure requirement for a passing numerical score of not less than 75 on the NAPLEX and MPJE, respectively. [page=2268] Existing N.J.A.C. 13:39-2.2(a) and (b) also require an applicant who fails either examination to repeat it. The Board proposes new N.J.A.C. 13:39-2.2(a) to require an applicant for initial licensure to pass both the NAPLEX and the MPJE, and to specify that passage of these examinations requires that the applicant receive either a score of "pass" or, if the applicant receives a numerical score, a score of not less than 75. The Board proposes new N.J.A.C. 13:39-2.2(b), which requires an applicant who fails either the NAPLEX or the MPJE to repeat the failed examination.
Existing N.J.A.C. 13:39-2A.5 requires applicants for reciprocal licensure to receive a passing MPJE score of not less than 75. The Board proposes to amend N.J.A.C. 13:39-2A.5 to state that passage of the MPJE requires that the applicant receive either a score of "pass" or, if the applicant receives a numerical score, a score of not less than 75.
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 that the proposed amendments will have a positive social impact on licensees and the public because the proposed amendments will bring the rules into conformity with how NAPLEX and MPJE results are reported.
Economic Impact
The Board does not anticipate that the proposed amendments will have an economic impact because the proposed amendments will update the requirements for passing scores on existing licensure examinations but will not make any changes to the examinations that applicants must pass.
Federal Standards Statement
There are no Federal laws or standards applicable to the proposed amendments, which are governed by N.J.S.A. 45:14 et seq.
Jobs Impact
The Board does not anticipate that the proposed amendments will result in an increase or decrease in the number of jobs in the State because the proposed amendments will bring the rules into conformity with how NAPLEX and MPJE results are reported.
Agriculture Industry Impact
The Board does not anticipate that the proposed amendments will have any impact on the agriculture industry in the State because the proposed amendments will bring the rules into conformity with how NAPLEX and MPJE results are reported.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not required because applicants for licensure are not considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., as they are not yet licensed.
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 will bring the rules into conformity with how NAPLEX and MPJE results are reported.
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 will bring the rules into conformity with how NAPLEX and MPJE results are reported.
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 proposed amendments follows (additions indicated in boldface thus; deletions indicate in brackets [thus]):
SUBCHAPTER 2. REQUIREMENTS FOR INITIAL LICENSURE
13:39-2.2 Licensure examination scores
[(a) An applicant for initial licensure shall attain a passing score of not less than 75 on the North American Pharmacist Licensure Examination (NAPLEX). If an applicant fails the NAPLEX, he or she shall be required to repeat the examination.
(b) An applicant for initial licensure shall attain a passing score of not less than 75 on the Multistate Pharmacy Jurisprudence Examination (MPJE). If an applicant fails the MPJE, he or she shall be required to repeat the examination.]
(a) An applicant for initial licensure shall pass both the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE). Passage of these examinations requires that the applicant receive either a score of "pass" or, if the applicant receives a numerical score, a score of not less than 75.
(b) If an applicant fails either the NAPLEX or the MPJE, the applicant shall be required to repeat the failed examination.
(c) (No change.)
SUBCHAPTER 2A. REQUIREMENTS FOR RECIPROCAL LICENSURE
13:39-2A.5 Multistate Pharmacy Jurisprudence Examination
An applicant for reciprocal licensure shall pass the Multistate Pharmacy Jurisprudence Examination (MPJE). [A passing score of not less than 75 shall be attained.] Passage of the MPJE requires the applicant receive either a score of "pass" or, if the applicant receives a numerical score, a score of not less than 75. If an applicant fails the examination, [he or she] the applicant shall be required to repeat the examination.