Rule Proposal

ME 49, ISSUE 18
ISSUE DATE: SEPTEMBER 18, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING

Proposed Amendments: N.J.A.C. 13:37-5.5 and 7.8

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Fee Schedule; Continuing Education
 
Authorized By: State Board of Nursing, Joanne Leone, Acting 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 2017-234.
 
Submit written comments by November 17, 2017, to:
 
   Joanne Leone, Acting Executive Director
   State Board of Nursing
   PO Box 45010
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:
 
Summary

P.L. 2011, c. 145 requires every advanced practice nurse to complete at least two credits of continuing education in topics related to end-of-life care every biennial renewal period. The Board of Nursing (Board) proposes to amend N.J.A.C. 13:37-7.8 to effectuate this requirement. The Board also proposes to amend N.J.A.C. 13:37-5.5 to create new fees for advanced practice nurses to obtain written verifications of certification and for certified sexual assault forensic nurses to obtain duplicate certificates and written verifications of certification. The Board has similar fees for its other licensing classes (for example, registered professional nurses) and needs these new fees to cover the costs it incurs providing this documentation.

The Board has determined that the comment period for this notice of proposal will 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 Board does not anticipate that the proposed amendments will have any impact on society.
 
Economic Impact

The proposed amendments to N.J.A.C. 13:37-5.5 will permit the Board to charge a fee for duplicate certificates and written verifications of certification for advanced practice nurses and certified sexual assault forensic nurses. This will have an economic impact on those who ask the Board for written verifications of certification, for those seeking certification in another state by endorsement, or for a duplicate certificate for those who have lost the original certificate. The Board does not anticipate that the proposed amendments to N.J.A.C. 13:37-7.8 will have any economic impact. The rule already requires advanced practice nurses to complete continuing education. The proposed amendment would not increase the number of continuing education [page=3097] credits and, therefore, will not impose new costs on advanced practice nurses.
 
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 result in an increase or decrease in 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

Advanced practice nurses and forensic nurses-certified sexual assault are individually certified by the Board under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., and they may be considered "small businesses" for the purposes of the Act.

The proposed amendments impose costs as detailed in the Economic Impact statement above. The Board does not believe that advanced practice nurses and certified sexual assault forensic nurses will need to employ any professional services to comply with the proposed new requirements. The proposed amendments impose no reporting or recordkeeping requirements, but the proposed amendments to N.J.A.C. 13:37-7.8 impose compliance requirements upon advanced practice nurses as detailed in the Summary above.

The proposed amendments ensure that the Board is covering the expenses it incurs issuing written verifications of certification and duplicate certificates and ensures that advanced practice nurses have education about end-of-life care; therefore, no differing compliance requirements are provided to advanced practice nurses or forensic nurses-certified sexual assault based upon business size.
 
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 fees charged by the Board and continuing education standards for advanced practice nurses.
 
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 fees charged by the Board and continuing education standards for advanced practice nurses.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 5.    GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE
 
13:37-5.5   Fee schedule
 
(a)-(b) (No change.)
 
(c) The following fees shall be charged by the Board in connection with certification of advanced practice nurses:
 
1.-6. (No change.)
 
7. Written verification of certification .......... 25.00
 
(d) (No change.)
 
(e) The following fees shall be charged by the Board in connection with certification of forensic nurses-certified sexual assault:
 
1.-6. (No change.)
 
7. Duplicate certificate .............................................  35.00
 
8. Written verification of certification ....................... 25.00
 
SUBCHAPTER 7.    CERTIFICATION OF ADVANCED PRACTICE NURSES
 
13:37-7.8   Continuing education
 
(a) Every biennial period, an advanced practice nurse shall complete the continuing education required for the renewal of a registered professional nurse license pursuant to N.J.A.C. 13:37-5.3 and the continuing education requirements of the national certifying agency whose examination the advanced practice nurse successfully passed pursuant to N.J.A.C. 13:37-7.4 or 7.5.
 
(b) Pursuant to P.L. 2011, c. 145 (N.J.S.A. 45:11-47.1), two credits of the continuing education completed pursuant to (a) above shall be in programs or topics related to end-of-life care.