51 N.J.R. 925(a)

VOLUME 51, ISSUE 12, JUNE 17, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 925(a)
NJ - New Jersey Register  >  2019  >  JUNE  >  JUNE 17, 2019  >  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 PHARMACY

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:39-3A.2
Text

Criteria for Continuing Education Credit

Authorized By: Anthony Rubinaccio, Executive Director, State Board of Pharmacy.

Authority: N.J.S.A. 45:1-15.1 and 45:14-47 and 48.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-089.

Submit written comments by August 16, 2019, to:

   Anthony Rubinaccio, Executive Director
   Board of Pharmacy
   124 Halsey Street
   PO Box 45013
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

The State Board of Pharmacy (Board) is proposing to amend N.J.A.C. 13:39-3A.2, which sets forth the criteria for the sources of continuing education. The Board is proposing to delete subsection (b), which allows a pharmacist to seek Board approval for continuing education credit for attendance at a program or course that is not offered by an American Council of Pharmaceutical Education (ACPE)-approved provider or that has not been pre-approved by the Board.

Because subsection (b) allows a pharmacist to seek approval from the Board after having attended for a program or course, a pharmacist may learn, after attending and paying money for the course or program, that it does not meet the Board's requirements. In addition, in some cases, pharmacists are belatedly learning that, because the courses do not meet Board requirements, they have not satisfied their biennial continuing education requirements.

The Board believes that deleting this provision will provide pharmacists with clear guidance as to whether credit will be accepted by the Board for satisfying the biennial continuing education requirements. In accordance with subsection (a), the Board will continue to recognize
ACPE-approved programs and continuing education programs pre-approved by the Board, pursuant to N.J.A.C. 13:39-3A.6.

To avoid the proposed amendment affecting a pharmacist in the midst of a biennial period, the Board proposes to make the effective date of the [page=926] proposed deletion May 1, 2019, which is the start of the current biennial period after the current one.

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 Board of Pharmacy believes that the proposed amendment will have a positive social impact upon pharmacists by providing them clarity as to whether credit will be accepted by the Board to satisfy the biennial continuing education requirements.

Economic Impact

The Board of Pharmacy believes the proposed amendment may have a positive economic impact on pharmacists. To the extent pharmacists will not expend money on courses or programs that are not approved for continuing education, they may save money by not having to pay for additional approved continuing education credits.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:14-40 et seq., and there are no Federal laws or standards applicable to the proposed amendment.

Jobs Impact

The Board does not anticipate that the proposed amendment will result in an increase or decrease in the number of jobs in the State.

Agriculture Industry Impact

The Board does not anticipate that the proposed amendment will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Board licenses 17,155 pharmacists. If pharmacists are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies. The proposed amendment does not impose any additional or new reporting or recordkeeping requirements upon licensees. The proposed amendment does impose a new compliance requirement upon pharmacists, which is discussed in the Summary above. There are no costs associated with compliance and the positive economic impact is discussed in the Economic Impact above. The Board believes that the proposed amendment should be uniformly applied to all licensees in order to ensure that they are held to the same standard of qualifying continuing education. Therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.

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 amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns criteria for continuing education for pharmacists.

Smart Growth Development Impact Analysis

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the 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 criteria for continuing education for pharmacists.

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.

Regulations

Full text of the proposal follows (deletions indicated in brackets [thus]):

1. CONTINUING EDUCATION
2. Criteria for continuing education credit
3. (No change.)
4. A licensee seeking credit for attendance at a program or course that is not offered by an American Council of Pharmaceutical Education approved provider and that has not been approved by the Board pursuant to N.J.A.C. 13:39-3A.6, shall submit for Board review and approval, on a form provided by the Board, information similar to that which is required to be submitted by a sponsor pursuant to N.J.A.C. 13:39-3A.6(a), the continuing education review fee set forth at N.J.A.C. 13:39-1.3 and the verification of attendance.]