53 N.J.R. 496(a)

VOLUME 53, ISSUE 7, APRIL 5, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 496(a)
NJ - New Jersey Register  >  2021  >  APRIL  >  APRIL 5, 2021  >  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 Waiting Period
Authorized By: Anthony Rubinaccio, Executive Director, State Board of Pharmacy.
Authority: N.J.S.A. 45:14-47.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-030.
Submit written comments by June 4, 2021, to:

Anthony Rubinaccio, Executive Director
Board of Pharmacy
124 Halsey Street
PO Box 45013
Newark, New Jersey 07101

or electronically at:   http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx

The agency proposal follows:
Summary
The State Board of Pharmacy (Board) is proposing to remove the one-year waiting period before applicants who have failed either of the required examinations for licensure three or more times may attempt to retake that examination.  
In December 2017, the Board amended its rules to require applicants who have failed the North American Pharmacist Licensure Examination (NAPLEX) or Multistate Pharmacy Jurisprudence Examination (MPJE) [page=497] three or more times to wait one year before each subsequent attempt to retake the respective examination. The Board believed that a one-year period of time between subsequent attempts at reexamination would encourage applicants to take the time to explore resources needed to pass the test, and to study and prepare for the examination. Since the adoption of the rule, the Board has regularly received from applicants a request to waive the one-year waiting period because of economic hardship associated with the delay in retaking the examination and meeting the requirements for licensure. Although the Board encourages applicants to take the appropriate amount of time to study and prepare for the examination, it also wants to provide applicants with the flexibility to determine when they are ready to retake the examination. Accordingly, the Board proposes to delete N.J.A.C. 13:39-2.2(c) and 2A.5(b), which set forth the one-year waiting period for the respective examinations.  
The Board notes that the National Association of Boards of Pharmacy (NABP), the entity that administers the examinations, may establish its own minimum waiting period before retaking an examination. Any NABP-established minimum waiting period is not subject to the Board's control nor impacted by the Board's proposed amendments.  
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 by providing applicants for licensure with the flexibility to determine when they are prepared to retake the required examination for licensure. Eliminating the waiting period will not impact public health and safety because applicants must successfully pass the examinations to be eligible for licensure.  
Economic Impact  
The Board believes that the proposed amendments will not have any economic impact on the public. For those applicants who must retake the examination there will be an economic benefit to the extent the elimination of the waiting period reduces economic hardship.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:14-40 et seq., and there are no Federal laws or standards applicable to the proposed amendments.  
Jobs Impact  
The Board does not anticipate that the proposed amendments will increase or decrease jobs in the State.  
Agriculture Industry Impact  
The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.  
Regulatory Flexibility Statement  
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.  
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 removal of the waiting period to retake the examination for licensure.  
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 because the proposed amendments concern removal of the waiting period to retake the examination for licensure.  
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 (addition indicated in boldface   thus; deletions indicated in brackets [thus]):  
SUBCHAPTER 2. REQUIREMENTS FOR INITIAL LICENSURE  
13:39-2.2 Licensure examination scores  
(a)-(b) (No change.)  
[(c) If an applicant fails either the NAPLEX or the MPJE three times, for each subsequent attempt at reexamination, the applicant shall not be eligible to retake the examination for licensure until one year from the date of the last examination.  
1. The Board shall consider a failing score to include a "no score" and "not passing."]  
[(d)]   (c) (No change to text.)  
SUBCHAPTER 2A. REQUIREMENTS FOR RECIPROCAL LICENSURE  
13:39-2A.5 Multistate Pharmacy Jurisprudence Examination  
[(a)] An applicant for reciprocal licensure shall pass the Multistate Pharmacy Jurisprudence Examination. A passing score of not less than 75 shall be attained. If an applicant fails the examination, he or she shall be required to repeat the examination.  
[(b) If the applicant for reciprocal licensure fails the examination three times, for each subsequent attempt at reexamination, the applicant shall not be eligible to retake the examination for licensure until one year from the date of the last examination.  
1. The Board shall consider a failing score to include a "no score" and "not passing."]