54 N.J.R. 35(a)

VOLUME 54, ISSUE 1, JANUARY 3, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 35(a)
NJ - New Jersey Register  >  2022  >  JANUARY  >  JANUARY 3, 2022  >  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 PSYCHOLOGICAL EXAMINERS

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:42-3.1, 3.2, 3.6, 5.1, 5.3, 5.4, and 10.21
Text

  Jurisprudence Online Examination
Authorized By: State Board of Psychological Examiners, Karen Day-Burr, Acting Executive Director.
Authority: N.J.S.A. 45:14B-13.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2022-003.
Submit comments by March 4, 2022, to:

Karen Day-Burr, Acting Executive Director
State Board of Psychological Examiners
124 Halsey Street
PO 45017
Newark, New Jersey 07101

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

The agency proposal follows:
Summary
To obtain a license as a psychologist in New Jersey, an applicant is required to pass a jurisprudence examination that the Board of Psychological Examiners (Board) administers in person. The Board has determined that an online jurisprudence examination will provide a review of the statutes, rules, and regulations pertinent to the practice of psychology in New Jersey comparable to that which the in-person examination provides. The online examination could be completed at any time after an applicant has demonstrated that he or she has met all of the other licensure requirements, significantly cutting down on the time it takes to obtain a license because applicants will no longer need to wait to take the examination. The Board proposes to amend N.J.A.C. 13:42-3.1, 3.2, 3.6, 5.1, 5.3, 5.4, and the heading of Subchapter 3, so that references to the jurisprudence examination will be replaced with references to the jurisprudence online examination.  
N.J.A.C. 13:42-10.21 sets forth continuing education requirements for licensees. The Board proposes to amend N.J.A.C. 13:42-10.21 to require licensees to complete the jurisprudence online examination as part of continuing education requirements. Completing the jurisprudence online examination will count as one continuing education credit. The section allows licensees to earn up to 20 continuing education credits through specific methods. The Board proposes to amend this provision to reduce this to 19 credits to reflect the fact that the Board will require all licensees to complete one credit of continuing education by completing the jurisprudence online examination.  
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 proposed amendments will benefit applicants for licensure as a psychologist. Applicants will be able to complete the jurisprudence online examination sooner than they can complete the in-person jurisprudence examination, which will reduce the time it takes to obtain a license.  
Economic Impact  
The proposed amendments may have a beneficial impact on licensees, as they will obtain one continuing education credit for completing the jurisprudence online examination for which there is no charge.  
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 proposed amendments will not increase or decrease the number of jobs in New Jersey.  
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 Analysis  
Since the holders of psychology licenses are individually licensed by the Board, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.  
The proposed amendments will not have any economic impact and the Board does not believe that licensees will need to employ professional services in order to comply with the rulemaking. The proposed amendments do not impose any reporting or recordkeeping requirements, but do impose compliance requirements as detailed in the Summary above.  
The Board believes that the proposed amendments protects the health, safety, and welfare of individuals receiving psychological services from licensees by ensuring that licensees are familiar with the statutes, rules, and regulations governing professional practice in New Jersey. As the proposed amendments protects public health, safety, and welfare, it should be applied uniformly to all licensees regardless of the size of the business.  
[page=36]     
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 licensure and continuing education requirements for psychologists.  
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 concern licensure and continuing education requirements for psychologists.  
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 3.   ONE-YEAR UNSUPERVISED AND THREE-YEAR SUPERVISED TEMPORARY PERMITS FOR TRAINING PENDING JURISPRUDENCE   ONLINE EXAMINATIONS   
13:42-3.1    One-year unsupervised permit  
(a) The Board shall issue a numbered temporary permit for the unsupervised practice of psychology for a period not to exceed one year to a psychologist who:  
1.-3. (No change.)  
4. Meets all requirements of New Jersey law other than [passing of]   completing  the jurisprudence   online examination in this State;  
5.-8. (No change.)  
(b) The holder of an unsupervised temporary permit pursuant to (a) above shall, within 90 days of issuance of the permit, [take]   complete  the jurisprudence   online examination. Failure to meet this deadline may, upon notice to the permit holder, result in revocation of the permit.  
(c)-(d) (No change.)  
13:42-3.2    Three-year supervised permit  
(a) The Board shall issue a numbered temporary permit for the supervised practice of psychology for a period not to exceed three years to a qualified individual who meets all   the  requirements of New Jersey law, including the Practicing Psychology Licensing Act, N.J.S.A. 45:14B-1 et seq., other than the requisite number of hours of post-doctoral supervised experience and/or passing [of] the written   examination and   completing the jurisprudence   online examination[s] and has not engaged in any act or practice which would be the basis for denying a permit under the Uniform Enforcement Act, N.J.S.A. 45:1-14 et seq. An applicant for licensure who has not completed the requirement for post-doctoral supervised experience shall be required to obtain a three-year supervised permit and comply with all of the provisions of this subchapter, including those applicants who intend to obtain the supervised experience in a practice or facility that is otherwise exempt pursuant to N.J.S.A. 45:14B-6 or 45:14B-8 or N.J.A.C. 13:42-1.2, 1.3, 1.4, or 1.5.  
(b) (No change.)  
(c) The permit holder shall obtain the required supervised experience and successfully complete the written   examination  and jurisprudence   online examination[s] prior to the expiration of the permit.  
(d) (No change.)  
13:42-3.6    Responsibilities of applicant for one-year unsupervised and three-year supervised temporary permits  
(a) (No change.)  
(b) The applicant shall request, in writing, the issuance of a one-year unsupervised or three-year supervised temporary permit to practice psychology until passing [of] the written   examination and   completing the jurisprudence   online examination[s] and/or for the purpose of meeting the supervised experience requirement.  
(c)-(l) (No change.)  
SUBCHAPTER 5.   EXAMINATION  
13:42-5.1    Board-approved written examination; jurisprudence   online examination  
(a) (No change.)  
(b) A candidate who passes the written Examination for Professional Practice in Psychology shall then take the Board's [written] jurisprudence   online examination within 90 days of notification of passing the Examination for Professional Practice in Psychology.  
13:42-5.3    Licensure by reciprocity  
(a)-(e) (No change.)  
(f) An applicant shall [take a three-credit continuing education course in New Jersey laws and rules governing the practice of psychology offered by entities approved pursuant to N.J.A.C. 13:42-10.21(a)]   complete the jurisprudence online examination.  
(g) (No change.)  
13:42-5.4    License without examination  
(a) A psychologist who holds a diploma from the American Board of Professional Psychology awarded by examination, and who meets all other requirements of New Jersey law, shall be licensed following [satisfactory] completion of the jurisprudence  online examination.  
(b) A psychologist shall be licensed following [satisfactory] completion of the jurisprudence   online  examination without having to take the Examination for Professional Practice in Psychology sponsored by the Association of State and Provincial Psychology Boards (ASPPB), if he or she:  
1.-2. (No change.)  
SUBCHAPTER 10.  GENERAL OBLIGATIONS OF A LICENSEE  
13:42-10.21   Continuing education programs  
(a) (No change.)  
(b) A licensee may complete up to [20]   19 of the required 40 continuing education credits from the following:  
1.-5. (No change.)  
(c)   A licensee shall successfully complete one of the required 40 continuing education credits through completion of the Board's jurisprudence online examination.  
[(c)]  (d) (No change in text.)