52 N.J.R. 505(a)

VOLUME 52, ISSUE 6, MARCH 16, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 505(a)
NJ - New Jersey Register  >  2020  >  MARCH  >  MARCH 16, 2020  >  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 VETERINARY MEDICAL EXAMINERS


Administrative Code Citation


Proposed Repeal and New Rule: N.J.A.C. 13:44-1.4  

Proposed Amendment: N.J.A.C. 13:44-1.6  

Proposed New Rules: N.J.A.C. 13:44-1.7 and 1.8  

Proposed Repeal: N.J.A.C. 13:44-1.5


Text

  Licensure by Reciprocity; Renewal of License; License Reactivation; License Reinstatement

Authorized By: State Board of Veterinary Medical Examiners, Jonathan Eisenmenger, Executive Director.
Authority: N.J.S.A. 45:16-3 and P.L. 2013, c. 182.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2020-023.

Submit written comments by May 15, 2020, to:

Jonathan Eisenmenger, Executive Director
State Board of Veterinary Medical Examiners
PO Box 45020
Newark, New Jersey 07101
or electronically at:   http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

The State Board of Veterinary Medical Examiners (Board) proposes amendments, repeals, and new rules to implement P.L. 2013, c. 182. This statute revises standards for licensure through reciprocity, renewal of licensure, reactivation of inactive licenses, and reinstatement of suspended licenses.   

Existing N.J.A.C. 13:44-1.4 establishes standards for issuing a license to an individual licensed to practice veterinary medicine in another state. The Board proposes to repeal the existing section and replace it to implement the standards for licensure by reciprocity from P.L. 2013, c. 182. Under the proposed new rule, an applicant would be issued a license if the Board determines that the state in which the applicant is licensed has standards for licensure substantially equivalent to Board standards and the applicant has been practicing for at least two years within a five-year period prior to applying for a license. An applicant would have to submit documentation from every state in which he or she is currently licensed or was ever licensed indicating that his or her licenses are in good standing. An applicant would also have to undergo a criminal history background check and designate an agent in New Jersey for service of process if he or she will reside or have an office in New Jersey. The proposed new rule provides standards for determining if a license is in good standing and whether an examination is substantially similar to that required by the Board. The Board would consider an applicant's experience if his or her education and examination was not substantially similar to that required by the Board for licensure. The Board would have grounds to revoke a license obtained through fraud, deception, or misrepresentation. An applicant would have to complete the Jurisprudence Orientation. The Board could grant a license to an applicant whose license was not in good standing due to a pending action, disciplinary proceeding, or criminal charge, as long as the alleged conduct that is the subject of the action, proceeding, or charge was not related to practicing veterinary medicine.  
Existing N.J.A.C. 13:44-1.5 establishes documentation that an applicant licensed in another state must submit to the Board. The Board proposes to repeal this section as documentation requirements are part of proposed new N.J.A.C. 13:44-1.4.   

Existing N.J.A.C. 13:44-1.6 establishes renewal requirements for licensure. The section requires licensees to renew licenses every two years by submitting a renewal application and renewal fee. Licensees are permitted to renew within 30 days of license expiration by paying a late renewal fee. Licensees who do not renew a license during this 30-day late period are suspended and cannot practice veterinary medicine until a license is reinstated. The section provides different requirements for license reinstatement depending on the number of years a license was suspended. The section permits licensees to renew as inactive. Inactive licensees cannot practice veterinary medicine until a license is reactivated. The proposed amendments to N.J.A.C. 13:44-1.6 provide new wording for provisions regarding license renewal, inactive licensure, and suspension of licensure for failure to renew in order conform to wording in P.L. 2013, c. 182. The proposed amendments delete provisions regarding reinstatement and reactivation of licensure. These provisions are addressed in proposed new N.J.A.C. 13:44-1.7 and 1.8.   

Proposed new N.J.A.C. 13:44-1.7 pertains to reactivation of inactive licenses. P.L. 2013, c. 182 changed the reactivation process. A licensee applying to reactivate a license would have to submit a certification listing each job held during the period of inactive licensure. Under existing N.J.A.C. 13:44-1.6, a licensee is required to submit a reinstatement fee when reactivating a license, under the proposed new rule, a reinstatement fee is not required. A licensee would be required to pay the renewal fee, which would be pro-rated if the applicant is reactivating his or her license during the second year of a biennial renewal period. The proposed new rule requires licensees to submit evidence of completion of the continuing education credits required for the current renewal period. Existing N.J.A.C. 13:44-1.6 requires licensees to complete all of the continuing education credits for every renewal period the license was inactive. The proposed new rule permits licensees to satisfy continuing education requirements by showing that they completed the requirements of another state in which they were licensed. The proposed new rule permits the Board to require licensees to pass an examination, complete a refresher course, or meet any other Board imposed requirement, if the Board determines that there is a reason to conclude that the licensee would not be able to practice safely. The proposed new rule provides criteria for determining if a practice deficiency exists.   

Proposed new N.J.A.C. 13:44-1.8 pertains to reinstatement of administratively suspended licenses. P.L. 2013, c. 182 changed the reinstatement process. In addition to requirements for reinstatement that are part of existing N.J.A.C. 13:44-1.6, the proposed new rule revises the process, so that licensees applying for reinstatement need to submit the current renewal fee and the past due fee from the last renewal period. Existing N.J.A.C. 13:44-1.6 requires licensees to submit every past due renewal fee. The proposed new rule requires licensees to submit evidence of completion of the continuing education credits required for the current renewal period. Existing N.J.A.C. 13:44-1.6 requires licensees to complete the continuing education credits for every renewal period the license was suspended. The proposed new rule permits a licensee to satisfy continuing education requirements by showing that he or she completed the requirements of another state in which he or she was licensed. Existing N.J.A.C. 13:44-1.6 requires every licensee who seeks to reinstate a license more than five years after being suspended to pass the licensing examination. The proposed new rule permits the Board to require licensees to pass an examination, complete a refresher course, or meet any other Board imposed requirement, if the Board determines that there is a reason to conclude that a licensee would not be able to practice safely. The proposed new rule provides criteria for determining if a practice deficiency exists. 

  
The Board has provided a 60-day comment period for this notice of proposal. Therefore, 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, new rules, and repeals will make it easier for licensees to resume practicing after a period of inactivation or suspension. The proposed amendments allow licensees to satisfy the Board's continuing education requirements by submitting proof of compliance with another state's continuing education requirements. Licensees seeking reinstatement will no longer be require to retake the licensing examination if the period of administrative suspension is for more than five years. The Board will have the flexibility to determine if [page=506] remediation is necessary to continue to ensure the safety and welfare of the public.   

Economic Impact   

The Board believes that proposed amendments, new rules, and repeals may have a positive economic impact upon licensees seeking to reactivate or reinstate their license. Accepting continuing education requirements of another state would save licensees the costs associated with completing the Board's continuing education requirements. Licensees seeking reinstatement may realize a positive economic benefit because they will no longer be required to pay all past delinquent renewal fees but only the one for the renewal period immediately preceding the renewal period for which reinstatement is sought. There may be a negative economic impact for licensees who are seeking reactivation or reinstatement if the Board deems them in need of remediation and they are required to pass an examination or complete additional education or training.   

Federal Standards Statement   

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments, new rules, and repeals.   

Jobs Impact 

 The Board does not believe that the proposed amendments, new rules, and repeals will increase or decrease the number of jobs in New Jersey.   

Agriculture Industry Impact  

The Board does not believe that the proposed amendments, new rules, and repeals will have any impact on the agriculture industry of this State.  

Regulatory Flexibility Analysis   

Since licensees are individually licensed or certified by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.  
The proposed amendments, new rules, and repeals impose the same costs on small businesses as on all businesses as discussed in the Economic Impact statement above. The Board does not believe that licensees will need to employ any professional services to comply with the proposed amendments, new rules, and repeals. The proposed amendments, new rules, and repeals do not impose any recordkeeping or reporting requirements, but imposes compliance requirements as discussed in the Summary above.  
As the compliance requirements contained in the proposed amendments, new rules, and repeals are necessary to ensure that licensees are in compliance with the renewal, reactivation, and reinstatement requirements of P.L. 2013, c. 182, the Board believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of a business.   

Housing Affordability Impact Analysis  

The proposed amendments, new rules, and repeals will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments, new rules, and repeals would evoke a change in the average costs associated with housing because the proposed amendments, new rules, and repeals concern licensure through reciprocity and licensure renewal, reactivation, and reinstatement requirements.   

Smart Growth Development Impact Analysis  

The proposed amendments, new rules, and repeals will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments, new rules, and repeals 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, new rules, and repeals concern licensure through reciprocity and licensure renewal, reactivation, and reinstatement requirements.   

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 rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:44-1.4 and 1.5.  
Full text of the proposed new rules and amendments follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):   

SUBCHAPTER 1.   LICENSURE BY EXAMINATION; LICENSURE BY WAIVER OF EXAMINATION; BIENNIAL LICENSE RENEWAL; REINSTATEMENT   

13:44-1.4          Licensure by reciprocity   

(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:  
1. The Board determines that the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;  
2. The applicant has been practicing in the profession of veterinary medicine for a period of at least two years within the five years prior to the date of application; and  
3. The requirements of (b) below are satisfied.  
(b) Prior to the issuance of the license, the Board shall have received:  
1. Documentation from any state in which the applicant is, or was ever, licensed that the applicant's license(s) is in good standing;  
2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police do not disclose a conviction for a disqualifying crime; and  
3. Designation of an agent in New Jersey for service of process if the applicant is not a New Jersey resident and does not have an office in New Jersey.  
(c) For purposes of this section, "good standing" means that:  
1. No action has been taken against the applicant's license by any licensing board;  
2. No action adversely affecting the applicant's privileges to practice veterinary medicine has been taken by any out-of-State institution, organization, or employer;  
3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice veterinary medicine;  
4. All fines levied by any out-of-State board have been paid; and  
5. There is no pending or final action by any criminal authority for violation of any law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.  
(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.  
(e) The Board shall consider an applicant's experience to compensate for disparity in substantial equivalence in the education and examination requirements under (a) above.  
(f) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.  
(g) An applicant shall complete the New Jersey Jurisprudence Orientation.  
(h) The Board may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement of (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the[page=507]   applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest does not demonstrate a serious inability to practice veterinary medicine, adversely affect the public health, safety, or welfare, or result in economic or physical harm to a person, or create a significant threat of such harm.   

13:44-1.5          (Reserved)   

13:44-1.6   Renewal of license   

[(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant for renewal shall attest that the continuing education requirements of N.J.A.C. 13:44-4.10 have been completed during the prior biennial period.]  
[(b)]   (a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license.   The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalty or fines shall apply to the holder for [any unlicensed practice during the period following the licensure expiration, not to exceed the number of days short of 60 before the renewals were issued]   failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.  
[(c) The licensee shall, prior to the date of expiration of the license, submit to the Board:  
1. The renewal application; and  
2. The renewal fee pursuant to N.J.A.C. 13:44-5.1.  
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:44-5.1. A licensee who fails to renew the license within 30 days after the expiration date of the license shall be suspended without a hearing.  
(e) A person who continues to practice or hold himself or herself out as a licensed veterinarian after being suspended shall be deemed to have committed unlicensed practice pursuant to N.J.S.A. 45:16-9, even if no notice of suspension has been provided to the person.  
(f) A person seeking reinstatement within five years following the suspension of a license shall submit the following to the Board:  
1. A completed reinstatement application;  
2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:44-5.1;  
3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:44-5.1;  
4. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:44-4.10 for each biennial period the license is suspended; and  
5. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.  
(g) A person seeking reinstatement after more than five years following the suspension of a license shall successfully pass the examinations required for initial licensure as set forth in N.J.A.C. 13:44-1.1 and shall submit:  
1. A completed reinstatement application;  
2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:44-5.1;  
3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:44-5.1; and  
4. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.  
(h) Renewal applications for all licensees shall provide the applicant with the option of either active or inactive renewal. Applicants electing to renew as inactive shall not practice or hold themselves out to the public as licensed veterinarians.  
(i) A licensee who has been on inactive status for more than five years who wishes to return to the practice of veterinary medicine shall meet the requirements of (g) above and complete the New Jersey Jurisprudence Orientation  
1. Payment of the reinstatement fee;  
2. Submission of evidence of completion of the continuing education credits that are required per biennial period for each biennial period that the applicant is on inactive status; and  
3. Submission of an affidavit of employment listing each job held during the period the licensee was on inactive status which includes the name, address, and telephone number of each employer.  
(j) A licensee who has been on inactive status for more than five years who wishes to return to the practice of veterinary medicine shall meet the requirements of (g) above and complete the New Jersey Jurisprudence Orientation.]  
(b)   A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth at N.J.A.C. 13:44-5.1, prior to the date of license expiration.  
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew as inactive shall not engage in the practice of veterinary medicine, or hold him- or herself out as eligible to engage in the practice of veterinary medicine, in New Jersey until such time as the license is returned to active status.  
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth at N.J.A.C. 13:44-5.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed as practicing without a license.  
(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.  
(f) A licensee who continues to engage in the practice of veterinary medicine with a suspended license shall be deemed to be engaging in the unlicensed practice of veterinary medicine and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.  
13:44-1.7   [(Reserved)]   License reactivation  
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:44-1.6(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:  
1. A renewal application;  
2. A certification of employment listing each job held during the period the license was inactive that includes the names, addresses, and telephone numbers of each employer;  
3. If the renewal application is sent during the first year of the biennial renewal period, the renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:44-5.1. If the renewal application is sent during the second year of the biennial period, half of the renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:44-5.1; and  
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:44-4.10.  
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of veterinary medicine and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above shall apply.  
(c) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reactivation of licensure, to take, and successfully complete, education or training, or to submit to supervision, monitoring, or [page=508]   limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board may consider the following:  
1. Length of time license was inactive;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of veterinary medicine or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and  
7. Civil litigation related to the practice of veterinary medicine or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.   

13:44-1.8   [(Reserved)]   License reinstatement   

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C 13:44-1.6(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:  
1. A reinstatement application;  
2. A certification of employment listing each job held during the period of suspended license that includes the names, addresses, and telephone numbers of each employer;  
3. The renewal fee set forth at N.J.A.C. 13:44-5.1 for the biennial period for which reinstatement is sought;  
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;  
5. The reinstatement fee set forth at N.J.A.C. 13:44-5.1; and  
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:44-4.10.  
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of veterinary medicine and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any continuing education requirements, the requirements of (a)6 above apply.  
(c) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reinstatement of licensure, to take, and successfully complete, education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board may consider the following:  
1. Length of time license was suspended;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of veterinary medicine or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and  
7. Civil litigation related to the practice of veterinary medicine or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.