Rule Proposal

​​​​VOLUME 49, ISSUE 17
ISSUE DATE: SEPTEMBER 5, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF NURSING

Proposed Readoption with Amendments:N.J.A.C. 13:37

Click here to view Interested Persons Statement

Rules of the State Board of Nursing
 
Authorized By: State Board of Nursing, Dorothy Smith Carolina, Executive Director.
 
Authority: N.J.S.A. 45:11-24.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-218.
 
Submit comments by November 4, 2017, to:
 
   Dorothy Smith Carolina, Executive Director
   State Board of Nursing
   PO Box 45010
   Newark, New Jersey 07101
   or electronically at:  http://www.njconsumeraffairs.gov/proposals/pages/default.aspx.
 
[page=2896] The agency proposal follows:
 
Summary

The State Board of Nursing (Board) proposes to readopt N.J.A.C. 13:37 with amendments. These rules were scheduled to expire on December 15, 2017, pursuant to N.J.S.A. 52:14B-5.1. As the Board filed this notice of proposal prior to the expiration date, that date is extended 180 days to June 13, 2018, pursuant to N.J.S.A. 52:14B-5.1.c(2).

The Board undertook a thorough review of the existing provisions of N.J.A.C. 13:37 in order to delete unnecessary or unreasonable rules. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable, and responsive to the purposes for which they were originally promulgated. These rules have had a beneficial impact on the regulation and conduct of the nursing profession by enabling the Board to have in place procedures that serve and protect the public's best interests. The following summarizes each subchapter in N.J.A.C. 13:37 and any amendments proposed to the existing rules.

Subchapter 1 sets forth the standards and the process for the accreditation of programs in nursing education. N.J.A.C. 13:37-1.1 sets forth what schools, divisions, or departments of nursing are eligible to obtain accreditation as a nursing program. N.J.A.C. 13:37-1.2 sets forth the information a new program in nursing must submit to the Board when applying for accreditation. N.J.A.C. 13:37-1.3 outlines the requirements a program on provisional accreditation must meet in order to be fully accredited. N.J.A.C. 13:37-1.4 details the requirements for the organization and administration of a nursing program in order to maintain accreditation. N.J.A.C. 13:37-1.5 sets forth standards for developing and communicating the philosophy, organizing framework, objectives, and outcomes of a nursing program. N.J.A.C. 13:37-1.6 requires every nursing program to have an administrator and requires that the administrator meet the requirements of N.J.A.C. 13:37-1.7.

N.J.A.C. 13:37-1.7 sets forth qualifications for the faculty of nursing programs. N.J.A.C. 13:37-1.8 outlines required curriculum content. N.J.A.C. 13:37-1.9 requires every program to provide classrooms and laboratories for students, and office space, conference rooms, and equipment for faculty. N.J.A.C. 13:37-1.10 requires nursing programs to provide clinical experiences through an affiliation with a clinical agency and to have a written agreement with the clinical agency. Pursuant to N.J.A.C. 13:37-1.11, programs must have admission policies, criteria for granting course credit to students with advanced standing, policies governing payment of tuition, dates for the beginning and ending of each term, an appeals process for students, individual liability insurance for each student, and policies regarding health and guidance services.

N.J.A.C. 13:37-1.12 sets forth standards for the review of nursing programs. The Board may conduct a survey of any nursing program to ensure that it is in compliance with the requirements of Subchapter 1. The section also requires the Board to conduct a survey and an on-site visit of programs every eight years, unless the on-site visit has been waived pursuant to N.J.A.C. 13:37-1.14.

N.J.A.C. 13:37-1.13 states that accreditation of a nursing program is valid for eight years and sets forth the procedures for renewal. N.J.A.C. 13:37-1.14 permits a program to submit a request for a waiver of the on-site visit.

N.J.A.C. 13:37-1.15 sets forth standards for program recordkeeping and reporting. N.J.A.C. 13:37-1.16 requires a program to notify the Board of changes in ownership or of the dean, director, chair, or administrator of the program. The section also requires a program to apply to the Board for approval to make a major curriculum change. N.J.A.C. 13:37-1.17 provides that a program will be placed on conditional accreditation if less than 75 percent of its graduates, for three successive years, pass the licensing examination. N.J.A.C. 13:37-1.18 states that a program may be placed on conditional accreditation if the program fails to meet or maintain the requirements of Subchapter 1.

N.J.A.C. 13:37-1.19 provides that a program on conditional accreditation that fails to achieve the goals of its action plan will be placed on probation. A program on probation may not admit new students. N.J.A.C. 13:37-1.20 requires a program that voluntarily ceases operations to notify the Board that the program is closing. Subchapter 1 is proposed for readoption without change.

Subchapter 2 sets forth the licensing examination requirements for registered professional and licensed practical nurses. N.J.A.C. 13:37-2.1 requires applicants for licensure to meet the requirements set forth in N.J.S.A. 45:1-14 et seq., and 45:11-26 and 27 and take either the National Council Licensure Examination for Registered Nurses (NCLEX-RN) or the National Council Licensure Examination for Practical Nurses (NCLEX-PN). If an applicant fails three licensing examinations, he or she must take 30 hours of remediation courses.

N.J.A.C. 13:37-2.2 requires applicants to submit a completed application form, an application fee, and a written certification from the registrar or a program administrator attesting that the applicant has completed the requirements for graduation. N.J.A.C. 13:37-2.3 sets forth application requirements for graduates of foreign nursing programs. Subchapter 2 is proposed for readoption without change.

Subchapter 3 is reserved.

Subchapter 4 concerns licensure by endorsement. N.J.A.C. 13:37-4.1 sets forth eligibility requirements for licensure by endorsement. N.J.A.C. 13:37-4.2 sets forth the items that an applicant for licensure by endorsement must submit with a completed application form. N.J.A.C. 13:37-4.3 sets forth the procedure for obtaining a temporary courtesy license. Such a license is available to nurses licensed in other states who are the spouses of active duty members of the military stationed in New Jersey. A temporary courtesy license is valid for one year and may be renewed for an additional year. Subchapter 4 is proposed for readoption without change.

Subchapter 5 contains general requirements for licensure. N.J.A.C. 13:37-5.1 requires that a person engaging in the practice of nursing hold a current license. N.J.A.C. 13:37-5.2 requires licensees to renew licenses biennially and describes renewal options.

N.J.A.C. 13:37-5.3 requires licensees to complete 30 hours of continuing education every biennial renewal period. The section sets forth the various methods by which licensees may complete continuing education hours and how licensees are required to document completion of hours. The Board may waive continuing education requirements for reasons of hardship. Subsection (d) sets forth the methods of obtaining continuing education hours. The Board proposes to amend this subsection to recognize that licensees may obtain continuing education hours through completion of courses or programs approved by or offered by entities accredited by the American Nurse Credentialing Center. Subsections (j) and (k) require registered professional nurses to complete continuing education in organ and tissue donation and recovery by February 7, 2014. As this date has passed, the requirement is no longer applicable and the Board proposes to delete subsections (j) and (k).

N.J.A.C. 13:37-5.4 is reserved. N.J.A.C. 13:37-5.5 sets forth the fees the Board charges. N.J.A.C. 13:37-5.6 is reserved. N.J.A.C. 13:37-5.7 requires licensees who change their address to notify the Board of such change within 30 days. The section additionally states that mailing to the address registered with the Board constitutes effective notice.

N.J.A.C. 13:37-5.8 requires licensees and certificants to report to the Board any incident or series of incidents that violates N.J.S.A. 45:11-23 et seq., or N.J.A.C. 13:37 or 13:45C. The Board proposes to amend the section to correct the citation to N.J.S.A. 45:11-23 et seq. N.J.A.C. 13:37-5.9 requires a licensee or certificant to self-report to the Board if the licensee or certificant is incapable of discharging the functions of a licensee or certificant or if certain events occur calling the certificant or licensee's competence into question. The section also states that licensees and certificants who violate N.J.S.A. 45:11-23 et seq., or 45:1-14 et seq., may be subject to disciplinary action.

Subchapter 6 concerns the delegation of nursing tasks. N.J.A.C. 13:37-6.1 states that nursing procedures are determined by the Nursing Practice Act. N.J.A.C. 13:37-6.2 states that a registered professional nurse is responsible for nursing care delivered to patients, including nursing tasks delegated to licensed practical nurses or ancillary nursing personnel. The level of supervision required is based upon the condition of the patient, the nature of the tasks, and the education, skill, and training of the individual to whom tasks have been delegated.

N.J.A.C. 13:37-6.3 prohibits a registered professional nurse from delegating a task if he or she determines the delegation would violate standards of practice. N.J.A.C. 13:37-6.4 sets forth documentation requirements when a registered professional nurse delegates the [page=2897] administration of medication. The section also sets forth information the nurse must provide to the person who will be administrating a medication based on the nurse's delegation. N.J.A.C. 13:37-6.5 sets forth tasks that a registered professional nurse may not delegate. N.J.A.C. 13:37-6.6 states that Subchapter 6 does not deal with the assignment of nursing tasks. Subchapter 6 is proposed for readoption without change.

Subchapter 7 concerns the certification and practice of advanced practice nurses. N.J.A.C. 13:37-7.1 sets forth the application process for certification as an advanced practice nurse. N.J.A.C. 13:37-7.2 sets forth the educational requirements for certification. A provision in subsection (b) applies to applicants specializing in anesthesia who applied for certification prior to June 16, 2009. As this date has passed, the Board proposes to delete this provision.

N.J.A.C. 13:37-7.3 is reserved. N.J.A.C. 13:37-7.4 requires applicants to pass an advance practice examination in his or her area of specialization.

N.J.A.C. 13:37-7.5 is a reserved section. N.J.A.C. 13:37-7.6 allows advanced practice nurses who are certified in another state to obtain certification in New Jersey without examination. N.J.A.C. 13:37-7.7 requires advanced practice nurses to renew certification biennially and to show that they are currently certified by a national certifying agency. N.J.A.C. 13:37-7.8 requires advanced practice nurses to complete, every biennial period, the continuing education required for renewal of registered professional nurse licensure and the continuing education requirements of their national certifying agency.

N.J.A.C. 13:37-7.9 sets forth standards for advanced practice nurse prescriptive practice. N.J.A.C. 13:37-7.9A imposes limitations on prescribing, administering, or dispensing of controlled dangerous substances, with specific limitations for opioid drugs, and establishes special requirements for the management of acute and chronic pain. N.J.A.C. 13:37-7.10 sets forth standards and procedures to be followed by advanced practice nurses who dispense prescription medications. N.J.A.C. 13:37-7.11 clarifies that none of the statutes or rules regarding advanced practice nurses prevent an individual licensed as a registered professional nurse from practicing nursing. N.J.A.C. 13:37-7.12 is reserved.

Subchapter 8 sets forth standards for nursing practice. N.J.A.C. 13:37-8.1 sets forth standards for joint protocols between advanced practice nurses and collaborating physicians. N.J.A.C. 13:37-8.2 requires licensees to wear an identification tag while practicing, unless a licensee can show a risk to his or her safety or a substantial invasion of privacy and request a waiver of this requirement from the Board. N.J.A.C. 13:37-8.3 concerns sexual misconduct. Subchapter 8 is proposed for readoption without change.

Subchapter 9 concerns the forensic nurse - certified sexual assault (FN-CSA) program. N.J.A.C. 13:37-9.1 sets forth the purpose and scope of the subchapter and N.J.A.C. 13:37-9.2 defines the terms used in the subchapter. N.J.A.C. 13:37-9.3 sets forth eligibility and application requirements for certification. N.J.A.C. 13:37-9.4 is reserved. N.J.A.C. 13:37-9.5 deals with applications for FN-CSA education program approval.

N.J.A.C. 13:37-9.6 sets forth the clinical education requirements for applicants for FN-CSA certification. N.J.A.C. 13:37-9.7 sets forth requirements for clinical education facilities. N.J.A.C. 13:37-9.8 requires certificants to renew certification every two years. N.J.A.C. 13:37-9.9 sets forth the circumstances under which the Board and the Director of the Division of Criminal Justice may revoke or suspend certification. N.J.A.C. 13:37-9.10 provides for certification by endorsement for an FN-CSA who is certified in another state. Subchapter 9 is proposed for readoption without change.

Subchapters 10, 11, 12, and 13 are reserved.

Subchapter 14 concerns certified homemaker-home health aides. N.J.A.C. 13:37-14.1 sets out the purpose and scope of the subchapter. N.J.A.C. 13:37-14.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:37-14.3 sets forth the duties of a certified homemaker-home health aide and circumstances under which a certified homemaker-home health aide may administer medications.

N.J.A.C. 13:37-14.4 contains requirements for homemaker-home health aide (CHHA) training programs. N.J.A.C. 13:37-14.5 sets forth the information that must be included in a home care or hospice care training program. N.J.A.C. 13:37-14.6 details application requirements for training programs seeking Board approval. N.J.A.C. 13:37-14.7 requires every program to have a program coordinator. The section sets forth qualifications to be a program coordinator and the responsibilities of a program coordinator. N.J.A.C. 13:37-14.8 sets forth qualifications to be an instructor in a training program and the responsibilities of program instructors. N.J.A.C. 13:37-14.9 sets forth standard application requirements for certification. N.J.A.C. 13:37-14.10 requires that an applicant register for a competency examination upon completing a training program.

N.J.A.C. 13:37-14.11 sets forth the reciprocity process to obtain Board certification for those certified as CHHAs in other states. N.J.A.C. 13:37-14.12 requires certified homemaker-home health aides to wear an identification tag while practicing unless they can show a risk to their safety or a substantial invasion of privacy and request a waiver from the Board.

N.J.A.C. 13:37-14.13 requires certified homemaker-home health aides to renew certifications every two years. A certified homemaker-home health aide may renew his or her certification as inactive. If a certified homemaker-home health aide fails to renew his or her certification, the certification will be suspended without hearing. An inactive or suspended certified homemaker-home health aide cannot practice. N.J.A.C. 13:37-14.14 establishes standards for reactivating an inactive certification. N.J.A.C. 13:37-14.15 establishes standards for reinstating a suspended certification. N.J.A.C. 13:37-14.16 authorizes the Board to deny or revoke approval of a training program if the program sponsor fails to comply with N.J.S.A. 45:11- 20 et seq., or Subchapter 14. N.J.A.C. 13:37-14.17 deals with sexual misconduct. Subchapter 14 is proposed for readoption without change.

Subchapters 15 and 16 are reserved.

The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact

The rules proposed for readoption with amendments will continue to ensure proper care of patients. The rules establish practice standards and ensure that licensees and certificants remain accountable to the public and the Board. The rules proposed for readoption with amendments also benefit the Board, licensees, and certificants by providing procedures for the orderly administration of the Board and by establishing clear practice guidelines.

Subchapter 1 regulates the institutions that educate nurses. Generally, these rules benefit society by ensuring that nursing schools and programs are prepared to effectively and properly educate nurses.

Subchapter 2 delineates the eligibility of applicants for licensure. The rules require applicants to have passed either the NCLEX-RN or NCLEX-PN, which ensures that applicants have the knowledge and ability required for safe practice. Applicants who fail the licensing examination three times must take a remediation course before taking the examination a fourth time. This benefits the applicant by identifying and correcting areas of deficiency and enhances the applicant's chances of passing the examination. The rules also impose specific requirements on graduates of foreign nursing programs; these requirements ensure that graduates of foreign nursing programs meet the same standards as nurses who graduate from schools in the United States.

Subchapter 4 sets forth standards for licensing nurses by endorsement. This subchapter allows nurses, licensed in other states, to obtain licensure in this State if they meet New Jersey standards for licensure. This subchapter increases the number of nurses available to work in the State while ensuring that all nurses meet the same high standards for licensure.

Subchapter 5 sets forth general requirements of licensure. Licensees must report any incident that they believe violates the Nurse Practice Act or Board rules. Such reporting will advise the Board of inappropriate conduct and provide the opportunity to take measures to ensure the safety of the public.

Subchapter 6 sets forth responsibilities of delegation and ensures that the registered professional nurse will remain responsible for all nursing [page=2898] tasks delegated. A nurse who delegates must verify that the person to whom tasks have been delegated has the requisite knowledge and skill to perform the task. This ensures that nursing tasks are performed safely and effectively when they are delegated. The subchapter also sets forth specific requirements when a registered professional nurse delegates the administration of medication. This helps to ensure that such delegation is properly documented and the individuals to whom the administration of medication has been delegated will understand their responsibilities when administering medications.

Subchapter 7 sets out the standards for the practice and education of advanced practice nurses. Generally these rules benefit the public as they ensure that practitioners have the knowledge and skills necessary to perform advanced nursing tasks. The rules require that advanced practice nurses prescribe medications in accordance with the Nurse Practice Act, Board rules, and the written protocols developed by the nurse and the collaborating physician. This ensures that, when an advanced practice nurse prescribes medications, the prescription is made with the appropriate skill and knowledge to protect both certificants and patients.

Subchapter 8 sets forth standards for joint protocols between advanced practice nurses and collaborating physicians, ensuring that these nurses are prescribing medications in a safe and effective manner. The subchapter also requires licensees to wear identification tags so that patients can identify the individuals who are providing nursing services and protects patients by prohibiting licensees from engaging in sexual misconduct.

Subchapter 9 sets forth certification standards for forensic nurse - certified sexual assault. The rules provide for the proper preparation of nurses who provide forensic sexual assault examinations. Subchapter 14 sets forth certification standards for homemaker-home health aides that ensure the safety of those who use the services of homemaker-home health aides.
 
Economic Impact

Some of the rules proposed for readoption with amendments will have an economic impact on applicants for licensure, institutions that have nursing programs, licensees, and certificants.

Subchapter 1 imposes costs on institutions that have programs in nursing. These institutions must bear the costs of preparing an application for Board approval. Institutions are also required to draft and distribute a written statement of philosophy and objectives, provide for adequate classroom, office and library space, draft a written agreement about the relationship between the program and its clinical affiliate, provide individual liability insurance for every student, maintain records for students, and notify the Board before making a major curriculum change.

Subchapter 2 imposes costs on applicants for licensure. An applicant is required to complete a nursing education and to take either the NCLEX-RN or NCLEX-PN. The cost of completing an education varies greatly, depending on the tuition charged by the school an applicant attends and the length of the program. These costs are outweighed by the benefit of ensuring that licensees are adequately prepared to safely and effectively practice nursing.

An applicant must take a remediation course before retaking the NCLEX if he or she has failed the NCLEX three times. The cost of these courses is outweighed by the benefit an applicant receives from being adequately prepared to pass the licensing examination. N.J.A.C. 13:37-2.3 imposes costs on applicants from foreign nursing programs. These applicants must submit a transcript review performed by the Commission on Graduates of Foreign Nursing Schools and must, if they are applying for a license as a licensed practical nurse, take courses that cover any areas in which they have insufficient education.

N.J.A.C. 13:37-4.2 requires an applicant for licensure by endorsement to submit an application and a written verification from every state in which he or she was ever licensed. N.J.A.C. 13:37-5.2 imposes costs on licensees who let their licenses lapse. N.J.A.C. 13:37-5.3 requires licensees to take continuing education courses. The costs of these courses are set by the sponsors who offer them. N.J.A.C. 13:37-5.5 sets forth the fees that the Board assesses for services rendered to its licensees. The fee schedule has an economic impact on licensees and applicants for licensure by establishing fees that they have to pay in order for the Board to be self-funding and in compliance with N.J.S.A. 45:1-3.2. N.J.A.C. 13:37-5.6 requires licensees to notify the Board of any change in address.

Subchapter 7 imposes costs on applicants for certification as advanced practice nurses. An applicant must graduate from a master's level program in advanced practice nursing, complete a pharmacology course, pass an examination offered by a certification agency, and hold current certification from a certification agency. The subchapter also imposes costs on nurses who have been certified as advanced practice nurses. N.J.A.C. 13:37-7.7 imposes costs on advance practice nurses who let their certification lapse. N.J.A.C. 13:37-7.8 requires advanced practice nurses to complete the continuing education required by national certifying agencies. The costs of these courses are set by the sponsors who offer them.

N.J.A.C. 13:37-8.1 has an economic impact in that the section requires advanced practice nurses to draft a joint protocol. The costs of drafting this protocol are borne by advanced practice nurses and their collaborating physicians. N.J.A.C. 13:37-8.2 requires licensees to wear an identification tag, unless they have obtained a waiver from the Board.

Subchapter 9 imposes costs on applicants for certification as forensic nurse - certified sexual assault. Applicants for certification are required to take an education course and complete clinical hours. Subchapter 14 imposes costs on programs that prepare homemaker-home health aides for certification. A sponsor of a homemaker-home health aide training program is required to properly equip classrooms and laboratories, submit an application and the resumes of all instructors to the Board, submit the annual program approval fee, maintain a file on the curriculum, hire a registered professional nurse to act as the program coordinator, and hire program instructors. The subchapter also imposes costs on certificants who must recertify biennially with the Board and pay the fee set out in N.J.A.C. 13:37-5.5.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the rules proposed for readoption with amendments.
 
Jobs Impact

The Board does not believe that the rules proposed for readoption with amendments will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

The Board does not believe that the rules proposed for readoption with amendments will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Analysis

Since the registered professional nurses, licensed practical nurses, advanced practice nurses, forensic nurses-certified sexual assault, and homemaker-home health aides are individually licensed or certified by the Board, under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The costs imposed by the rules proposed for readoption with amendments are the same for all licensees and certificants as outlined above in the Economic Impact statement. The Board does not believe that licensees and certificants will need to employ any professional services to comply with the requirements of the rules proposed for readoption with amendments. The rules proposed for readoption with amendments imposes compliance, reporting, and recordkeeping requirements as detailed in the Summary above.

As the compliance, reporting, and recordkeeping requirements contained in the rules proposed for readoption with amendments are necessary to adequately regulate licensees and certificants, and to protect consumers who use their services, the Board believes that the rules must be uniformly applied to all licensees and certificants and no exemptions are provided based on the size of the business.
 
Housing Affordability Impact Analysis

The rules proposed for readoption with amendments will have an insignificant impact on the affordability of housing in New Jersey and [page=2899] there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption with amendments concern the regulation of registered professional nurses, licensed practical nurses, advanced practice nurses, forensic nurses-certified sexual assault, and homemaker-home health aides.
 
Smart Growth Development Impact Analysis

The rules proposed for readoption with amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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 rules proposed for readoption with amendments concern the regulation of registered professional nurses, licensed practical nurses, advanced practice nurses, forensic nurses-certified sexual assault, and homemaker-home health aides.
 
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:37.
 
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 5.    GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE
 
13:37-5.3   Continuing education
 
(a)-(c) (No change.)
 
(d) A registered professional nurse or licensed practical nurse may obtain continuing education hours from the following:
 
1. (No change.)
 
2. Successful completion of continuing education courses or programs related to nursing approved by, or offered by entities accredited by, the American Nurse Credentialing Center: one hour for each 60 minutes of attendance;
 
Recodify existing 2.-15. as 3.-16. (No change in text.)
 
(e)-(i) (No change.)
 
[(j) By February 7, 2014, every registered professional nurse shall have completed a one-hour continuing education course that covers organ and tissue donation and recovery designed to address clinical aspects of the donation and recovery process.
 
(k) A registered professional nurse who completed a course that included a section on organ and tissue donation and recovery during his or her initial nursing education need not complete the continuing education course required by (j) above.]
 
13:37-5.8   Reporting of unlawful conduct
 
A licensee or certificant shall report to the Board any incident or series of incidents [which] that the licensee or certificant, in good faith, believes is in violation of the Nurse Practice Act, N.J.S.A. 45:11-23 et seq., this chapter, or N.J.A.C. 13:45C.
 
SUBCHAPTER 7.    CERTIFICATION OF ADVANCED PRACTICE NURSES
 
13:37-7.2   Educational requirements for certification
 
(a) (No change.)
 
(b) An applicant shall have completed the education required by (a) above no more than two years prior to submitting an application for certification to the Board. An education program completed more than two years prior to submission shall not qualify an applicant for certification. [Applicants specializing in anesthesia who have successfully completed the education required by (a) above need not show that they have completed that education within the last two years if they apply between June 16, 2008 and June 16, 2009.]
 
(c)-(d) (No change.)