55 N.J.R. 647(a)

VOLUME 55, ISSUE 8, APRIL 17, 2023
RULE PROPOSALS

Reporter
55 N.J.R. 647(a)
NJ - New Jersey Register > 2023 > APRIL > APRIL 17, 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 > NEW JERSEY BOARD OF NURSING

Administrative Code Citation


Proposed Amendment: N.J.A.C. 13:37-2.3

Text

English Proficiency Examination
Authorized By: State Board of Nursing, Mary E. Fortier, EdD, RN, CNL, 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 2023-027.
Submit written comments by June 16, 2023, to:
Mary E. Fortier, 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
The Board of Nursing (Board) has received a request from the Occupational English Test (OET) organization to accept its English language examination as an English proficiency examination for applicants who have graduated from a nursing program in a foreign country. The Board has reviewed the OET examination and has determined that it provides an accurate assessment of an applicant's ability to communicate in English and is comparable to the Test of English as a Foreign Language (TOEFL) examination and the International English Language Testing System (IELTS) examination that the Board currently recognizes in its rule. Accordingly, the Board is proposing to amend N.J.A.C. 13:37-2.3 to recognize the OET examination as a valid examination of English proficiency.
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 believes that the proposed amendment will have a positive impact on applicants for licensure who were educated in foreign nursing programs. These applicants will have more options for examinations that assess English proficiency and will, therefore, find it easier to meet this requirement for licensure.
Economic Impact
The Board does not believe that the proposed amendment will have any economic impact.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment.
Jobs Impact
The Board does not believe that the proposed amendment 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 amendment will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
The proposed amendment applies only to applicants for licensure and, as these applicants are unlicensed, they cannot practice nursing and, therefore, are not considered "small businesses" pursuant to the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Accordingly, a regulatory flexibility analysis is not required.
Housing Affordability Impact Analysis
The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns English proficiency examinations for individuals educated in foreign countries who are applying for a nursing license.
Smart Growth Development Impact Analysis
The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment 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 amendment concerns English proficiency examinations for individuals educated in foreign countries who are applying for a nursing license.
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 (addition indicated in boldface thus):
SUBCHAPTER 2. LICENSURE BY EXAMINATION; REGISTERED PROFESSIONAL AND LICENSED PRACTICAL NURSES
13:37-2.3 Application requirements; graduates of foreign nursing programs
(a) An applicant for licensure who graduated from a foreign nursing program shall submit:
1.-2. (No change.)
3. Proof that the applicant has achieved a passing score on the Test of English as a Foreign Language (TOEFL) examination, the International [page=648] English Language Testing System (IELTS) examination, the Occupational English Test (OET) examination, or the Test of English in International Communications (TOEIC) examination, within the past two years; and
4. (No change.)
(b)-(d) (No change.)