New Jersey Statewide Navigation Bar
NJ Department of Law & Public Safety Home
  New Jersey Division of Consumer Affairs
   
 

NEW JERSEY REGISTER
VOLUME 36, NUMBER 11
MONDAY, JUNE 7, 2004
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MEDICAL EXAMINERS
REGISTRATION AND PERMIT REQUIREMENTS FOR GRADUATE MEDICAL EDUCATION PROGRAMS IN
MEDICINE OR PODIATRY


Proposed Amendment: N.J.A.C. 13:35-1.5

Authorized By: State Board of Medical Examiners, William Roeder, Executive Director.

Authority: N.J.S.A. 45:9-2 and 45:1-15.1.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2004-220.

Submit comments by August 6, 2004 to:

William Roeder, Executive Director

State Board of Medical Examiners

140 East Front Street

PO Box 183

Trenton, New Jersey 08625-0183

The agency proposal follows:

Summary

Pursuant to its general rulemaking authority set forth at N.J.S.A. 45:9-2 and 45:1-15.1, the State Board of Medical Examiners (the Board) is proposing an amendment to N.J.A.C. 13:35-1.5, concerning registration and permit requirements for graduate medical education programs. N.J.A.C. 13:35-1.5 requires graduates of medical or podiatric schools who are unlicensed in New Jersey and are seeking authorization to practice medicine or podiatry as residents in the first year of graduate medical education programs in the State to be registered with the Board. Currently, N.J.A.C. 13:35-1.5(c)1ii requires an applicant for registration as a medical resident to certify that he or she has graduated from a medical school which, during each year of the applicant's attendance, was either accredited by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association (AOA), or was listed in the World Directory of Medical Schools. Subparagraph (c)1ii further provides that if the applicant has attended more than one medical school, he or she must certify that each school attended was either accredited by LCME or AOA, or was listed in the World Directory of Medical Schools during the time the applicant was matriculated, and that the applicant's didactic training was completed in the jurisdiction where the school is authorized to confer a medical degree.

The Board is proposing that N.J.A.C. 13:35-1.5(c)1ii be amended to clarify that the requirement that an applicant's didactic training be completed in the jurisdiction where the medical school is authorized to confer a medical degree applies to all applicants for medical residency registration, and not, as currently written, to only those applicants who have attended more than one medical school. In proposing amendments to N.J.A.C. 13:35-1.5 in 1999 as part of the Board's readoption of the rules in Chapter 35, which appeared in the New Jersey Register at 31 N.J.R. 1742(a), the Board noted in the Summary that the amendment to subparagraph (c)1ii was intended to require a resident's didactic training to be completed in the jurisdiction where the school is authorized to confer the medical degree. The Summary made no reference to the requirement's applicability to applicants who had attended multiple medical schools. In proposing the amendment to the text of the rule, however, this requirement was inadvertently appended to the end of subparagraph (c)1ii, making it appear as if the requirement applied only to those applicants who had attended more than one medical school. The Board also notes that by virtue of subsection (l), this same requirement is made applicable to those seeking permits to participate in post-graduate training beyond the first year.

The Board is proposing to amend N.J.A.C. 13:35-1.5(c)1ii at this time in order to ensure that applicants for registration as medical residents in this State have been appropriately trained. If a student's didactic training is obtained in a jurisdiction in which the medical school is not authorized to confer a degree, the Board has no way to independently verify that the training meets objective educational standards because the didactic training is not subject to oversight by the accrediting educational authority in the jurisdiction where it is provided. The Board, therefore, believes that the proposed amendment is necessary to protect the health, safety and welfare of New Jersey citizens because it will help to ensure that only the most qualified applicants are granted authorization to practice medicine as residents in this State.

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

Social Impact

The Board believes that the proposed amendment to N.J.A.C. 13:35-1.5(c) 1ii will have a positive impact upon the medical profession in the State. The proposed amendment will clarify that an applicant for registration as a medical resident must have completed his or her didactic training in the jurisdiction where the medical school was authorized to confer the medical degree. The proposed amendment will help to ensure that all applicants for registration or a permit as medical residents in this State have been appropriately trained. In addition, the proposed amendment may have a negative impact upon some applicants for registration or a permit as medical residents in this State who may be unable to satisfy this requirement. The Board, however, believes that any impact upon such applicants is outweighed by the benefit to New Jersey citizens in ensuring that only the most qualified applicants are granted authorization to practice medicine as residents in this State.

Economic Impact

The Board believes that the proposed amendment to N.J.A.C. 13:35-1.5(c) 1ii may have an economic impact upon medical school graduates seeking to be registered as residents in graduate medical education programs in this State, to the extent that applicants for registration or a permit who completed their didactic training in jurisdictions in which the medical schools they attended were not authorized to confer medical degrees will be unable to become registered residents in the State. The Board, however, believes that the economic impact that will be borne by such applicants as a result of the proposed amendment is outweighed by the benefit to New Jersey citizens in ensuring that only the most qualified applicants are granted authorization to practice medicine as residents in the State.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:9-1 et seq., and is not subject to any Federal standards or requirements.

Jobs Impact

The proposed amendment will not result in the creation or loss of jobs in the State.

Agriculture Impact

The proposed amendment will not have any impact upon the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to provide a description of the types and an estimate of the number of small businesses to which the proposed amendment will apply. If, for purposes of the Act, the 34,573 physicians and podiatrists licensed by the Board are considered "small businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed amendment, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed amendment, to outline the manner in which it has designed the proposed amendment to minimize any adverse economic impact upon small businesses, and to set forth whether the proposed amendment establishes differing compliance requirements for small businesses.

The proposed amendment does not impose any reporting, recordkeeping or compliance requirements upon Board licensees. The proposed amendment does, however, impose compliance requirements upon applicants seeking authorization from the Board to practice medicine as residents in graduate medical education programs, which are discussed in the Summary above.

No additional professional services will be needed to comply with the proposed amendment. The proposed amendment may impose economic costs upon applicants seeking authorization to practice medicine as residents in the State, which are discussed in the Economic Impact statement above. The Board is proposing this amendment to N.J.A.C. 13:35-1.5(c)1ii in order to ensure that all applicants for registration or a permit as medical residents in the State have been appropriately trained and, therefore, the Board believes that the proposed amendment should be uniformly applied to all such applicants. As a result, no differing compliance requirements for any applicants for medical residency registration or a permit are provided.

Smart Growth Impact

The Board does not believe that the proposed amendment will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows :

<< NJ ADC 13:35-1.5 >>

13:35-1.5 Registration and permit requirements for graduate medical education programs in medicine or podiatry

(a)-(b) (No change.)

(c) A registration applicant shall certify that he or she:

1. Has attained the preliminary educational prerequisites for licensure, including:

i. (No change.)

ii. With respect to medical residents, graduation from a medical school which, during each year of attendance, was either accredited by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association (AOA) or listed in the World Directory of Medical Schools <<+ and that the didactic training was completed in the jurisdiction where the school is authorized to confer a medical degree+>>. If the applicant has attended more than one medical school, he or she shall certify that each school attended was accredited or listed in the World Directory of Medical Schools during the same time he or she was matriculated <<-and that the didactic training was completed in the jurisdiction where the school is authorized to confer a medical degree->>.

iii.-v. (No change.)

2.-5. (No change.)

(d)-(y) (No change.)

 

  

  

  

  

  

bottom navigation graphic
Division:Consumer Protection | File Complaint | Licensing Boards | Rule Adoptions | Rule Proposals | Meeting Minutes | License Renewal Information
Departmental: lps home | contact us | news | about us | FAQs | library | employment | programs and units | services a-z
statewide: nj home | my new jersey | people | business | government | departments | search
 
Copyright State of New Jersey, 1996-2003
New Jersey Home Contact Us Privacy Notice Legal Statement
New Jersey Home My New Jersey People Business Government Departments