55 N.J.R. 1140(a)

VOLUME 55, ISSUE 11, JUNE 5, 2023
RULE PROPOSALS

Reporter
55 N.J.R. 1140(a)
NJ - New Jersey Register  >  2023  >  JUNE  >  JUNE 5, 2023  >  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 SOCIAL WORK EXAMINERS

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:44G-6.3, 6.4, and 6.7      

Text

 Content Areas for Continuing Education Credit; Sources of Continuing Education Credits and Credit-Hour Calculations; Board Recognition of Continuing Education Approval Entities
Authorized By: State Board of Social Work Examiners, Edie Nugent, Acting Executive Director.
Authority: N.J.S.A. 45:15BB-11.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2023-049.
Submit written comments by August 4, 2023, to:
Edie Nugent, Executive Director
State Board of Social Work Examiners
PO Box 45033
Newark, New Jersey 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
The State Board of Social Work Examiners (Board) proposes amendments to its continuing education rules to clarify requirements, remove outdated provisions, and recognize additional courses that may satisfy continuing education requirements.
N.J.A.C. 13:44G-6.3 requires the Board to maintain a list of approved continuing education programs, courses, and seminars. The Board no longer approves continuing education programs, courses, or seminars. The Board, therefore, proposes to amend N.J.A.C. 13:44G-6.3 to delete subsection (d), which requires it to maintain this list. In addition, N.J.A.C. 13:44G-6.3 requires that continuing education programs or courses in social and cultural competence be approved by the Board. As the Board is no longer approving any continuing education courses or programs, it proposes to delete subsection (d) as well.
Pursuant to N.J.A.C. 13:44G-6.4, programs or courses offered by the National Association of Social Workers (NASW) are recognized as sources for continuing education hours. The Board proposes to amend this section, so that programs or courses offered by NASW state chapters will also be recognized as sources for continuing education hours. The Board believes that the scope and rigor of such courses and programs are comparable to those offered by the national association. The proposed amendments at N.J.A.C. 13:44G-6.4 also recognize programs or courses offered by providers approved by the Association of Social Work Boards (ASWB), the NASW, or NASW state chapters, as sources for continuing education hours. Furthermore, N.J.A.C. 13:44G-6.4 requires an academic institution that offers continuing education programs be regionally accredited. The Board proposes to amend this requirement to clarify that a regional accrediting body must be recognized by the United States Department of Education, Office of Postsecondary Education. The proposed amendments also require that any continuing education programs, courses, coursework, or training meet the requirements at N.J.A.C. 13:44G-6.2 and 6.3, which set forth standards for content areas for continuing education.
N.J.A.C. 13:44G-6.7 establishes standards for entities that seek to be recognized by the Board as continuing education approval entities. The Board is concerned that licensees and certificate holders may be confused as to whether a continuing education course or program is approved for a specific biennial renewal period if the timeframe for approval issued by an approving entity does not run concurrently with the biennial licensure renewal period. The Board, therefore, proposes to amend N.J.A.C. 13:44G-6.7 to require that an approval issued by a recognized approving entity be effective only for the biennial licensure renewal period during which it is issued. The Board proposes to amend the section, so that Board recognition of an approving entity will be valid for two years, except for the first time the Board recognizes an entity. Such first-time recognition will be valid until the end of the biennial licensure renewal period during which it is issued. The proposed amendments also require that applications for renewal of Board recognition be submitted by February 1 of every even numbered year, so that the Board has sufficient time to review such applications prior to the start of the biennial licensure renewal period, which is September 1.
As the Board has provided a 60-day comment period for 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 anticipates that the proposed amendments will have a beneficial impact on licensees and certificate holders because it provides for additional sources of continuing education credits of continuing education programs and courses, which will increase the number of programs and courses that licensees and certificate holders may complete to satisfy continuing education requirements. The proposed amendments will also benefit licensees and certificate holders by eliminating any confusion as to whether approval for a continuing education course or program is valid for a particular biennial licensure renewal period, as all approvals will be effective only for the biennial licensure renewal period in which they are issued.
Economic Impact
The Board believes that the proposed amendments will have a positive economic impact on entities that seek Board recognition as continuing education approval entities. Currently, Board recognition is valid for one year. At the end of this period, the entity must reapply to the Board and pay the approval entity fee of $ 100.00. The proposed amendments will increase the period during which Board recognition is valid to two years. Approval entities will only have to pay the approval entity fee once every two years, as opposed to once a year, cutting their costs for Board recognition in half.
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 Board does not believe that the proposed amendments will 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.
[page=1141] 
Regulatory Flexibility Analysis
Any social worker licensed or granted a certificate by the Board or continuing education sponsor that is a "business which is resident in this State, independently owned and operated and not dominant in its field, and which employs fewer than 100 full-time employees" constitutes a "small business" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (RFA). To the extent that a licensee or certificate holder, or continuing education sponsor qualifies as a "small business" pursuant to the RFA, the following analysis applies, pursuant to N.J.S.A. 52:14B-19.
The proposed amendments will not impose any costs. The Board does not believe that licensees, certificate holders, or continuing education approval entities will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting or recordkeeping requirements on licensees or certificate holders. The proposed amendments impose no reporting or recordkeeping requirements for continuing education approval entities. However, the proposed amendments do impose compliance requirements, as detailed in the Summary above.
As the proposed amendments minimize confusion by ensuring that continuing education course approvals are tied to biennial licensure renewal periods, no differing compliance requirements are provided for any continuing education approval entities.
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 continuing education requirements for social workers.
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 concern continuing education requirements for social workers.
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 6. CONTINUING EDUCATION
13:44G-6.3 Content areas for continuing education credit
(a)-(c) (No change.)
[(d) The Board shall maintain a list of all approved programs, courses and seminars at its offices.
(e) A course or program in the subject area of social and cultural competence for the purpose of fulfilling the three contact hours of continuing education requirement shall be subject to the approval of the Board. A course or program in the subject area approved by the Board of Marriage and Family Therapy Examiners, the Professional Counselor Examiners Committee or the Alcohol and Drug Counselor Committee shall be deemed acceptable by this Board.]
13:44G-6.4 Sources of continuing education credits and credit-hour calculations
(a)-(b) (No change.)
(c) As of November 19, 2012, a licensee or certificate holder may obtain continuing education hours only from the following sources:
1. (No change.)
2. Attendance at programs or courses offered by providers approved by the Association of Social Work Boards (ASWB): one credit for each hour of attendance;
[2.] 3. Attendance at programs or courses offered by the National Association of Social Workers (NASW) or state chapters of the NASW: one credit for each hour of attendance;
4. Attendance at programs or courses offered by providers approved by the National Association of Social Workers (NASW) or state chapters of the NASW: one credit for each hour of attendance;
Recodify existing 3.-4. as 5. - 6. (No change in text.)
[5.] 7. Attendance at continuing education programs offered [at a regionally accredited] by an academic institution accredited by a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education: one credit for each hour of attendance;
Recodify existing 6.-16. as 8. - 18. (No change in text.)
(d) Continuing education programs, courses, coursework, or training recognized at (c) above shall meet the requirements at N.J.A.C. 13:44G-6.2 and 6.3.
13:44G-6.7 Board recognition of continuing education approval entities
(a) An entity that wishes to obtain Board recognition as an entity that may approve continuing education courses shall submit the approval entity applicant fee set forth at N.J.A.C. 13:44G-4.1(a)16i and apply to the Board for such recognition, in writing, indicating that it:
1.-9. (No change.)
10. Maintains records as to continuing education course approvals and denials; [and]
11. Responds to applications for continuing education course approval within 90 days of receipt of a request[.]; and
12. Issues approvals for continuing education courses that are effective only for the biennial licensure renewal period during which the approvals are issued.
(b) Board recognition shall be valid for [one] two year s, except for the first Board recognition issued to an entity, which shall be valid until the end of the biennial licensure renewal period during which it is issued. An entity shall reapply for Board recognition by submitting the information required [under] pursuant to (a) above by February 1 of every even numbered year.
(c)-(d) (No change.)