VOLUME 46, ISSUE 11
ISSUE DATE: JUNE 2, 2014
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING
Proposed Amendments:N.J.A.C. 13:37-4.2 and 5.5
Proposed New Rule:N.J.A.C. 13:37-4.3
Application Requirements for Licensure by Endorsement; Temporary Courtesy License; Fee Schedule
Authorized By: State Board of Nursing, George Hebert, 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 2014-074.
Submit written comments by August 1, 2014, to:
George Hebert, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101
The agency proposal follows:
P.L. 2012, c. 76 established a procedure by which an individual who is licensed as a nurse in another state and who is the spouse of an active duty member of the Armed Forces of the United States may obtain a courtesy temporary nursing license in New Jersey. The Board of Nursing (Board) proposes to add N.J.A.C. 13:37-4.3 to effectuate P.L. 2012, c. 76. An applicant who seeks a temporary courtesy license will have to be licensed as a nurse in another state and be the spouse of an active duty member of the Armed Forces who has been transferred to New Jersey. An applicant would not be eligible for a license if he or she has committed an act that resulted in action being taken against his or her license, or was the subject of an investigation by a licensing entity, in the other state. An applicant will be required to submit an application, license and application fee, verification of licensure from every state in which he or she was ever licensed, proof that he or she practiced as a nurse for at least two of the last five years, and a completed Criminal History Certification of Authorization form. A temporary courtesy license would be valid for one year and could be renewed for an additional year upon application to the Board. The Board proposes to amend N.J.A.C. 13:37-5.5 to introduce a new temporary courtesy license fee of $ 60.00.
The Board also proposes to amend N.J.A.C. 13:37-4.2 to correct a mistaken citation to the fee for applications, which was not updated after an amendment in 2006 adding new N.J.A.C. 13:37-5.5(a)2.
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.
The proposed amendments and new rule will have a positive impact on nurses who are licensed in another state and are the spouses of active duty members of the Armed Forces of the United States who have been transferred to New Jersey. Such nurses will be able to obtain a temporary license and practice in New Jersey.
The proposed amendments and new rule would have an economic impact on individuals who seek a temporary courtesy license in that they will be bear the costs of submitting an application and the initial license and application fees.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rule and amendments.
The Board does not believe that the proposed amendments and new rule will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The Board does not believe that the proposed amendments and new rule will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
As applicants for temporary courtesy licenses are not licensed and, therefore, cannot provide nursing services, they do not constitute "small businesses" for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., and a regulatory flexibility analysis is not required.
Housing Affordability Impact Analysis
The proposed amendments and new rule will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments and new rule concern temporary courtesy nursing licenses.
Smart Growth Development Impact Analysis
The proposed amendments and new rule 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 proposed amendments and new rule concern temporary courtesy nursing licenses.
[page=1322] Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 4. LICENSURE BY ENDORSEMENT; PROFESSIONAL AND PRACTICAL NURSES
13:37-4.2 Application requirements for licensure by endorsement
(a) An applicant for licensure by endorsement shall submit or arrange to submit the following to the Board:
1. (No change.)
2. A non-refundable initial license fee and application for licensure by endorsement fee as set forth in N.J.A.C. 13:37-[5.5(a)2 and 3]5.5(a)3 and 4; and
3. (No change.)
13:37-4.3 [(Reserved)] Temporary courtesy license
(a) A registered professional nurse or licensed practical nurse may obtain a temporary courtesy license pursuant to P.L. 2012, c. 76, if he or she:
1. Is currently licensed in good standing in another state or territory of the United States, or the District of Columbia that has licensure requirements equivalent to those in New Jersey;
2. Is not a resident of New Jersey;
3. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a nursing license in New Jersey or has not been disciplined, or is not the subject of an investigation, by a professional or occupational licensing or credentialing entity in another jurisdiction;
4. Is the spouse of an active duty member of the Armed Forces of the United States who has been transferred to New Jersey in the course of his or her service; and
5. Is legally domiciled in New Jersey or has moved to New Jersey on a permanent change-of-station basis.
(b) An applicant for a temporary courtesy license shall submit, or arrange to submit, to the Board:
1. A completed application form, provided by the Board, which requests information concerning the applicant's educational and experiential background;
2. A non-refundable initial license fee and application for temporary courtesy license fee as set forth in N.J.A.C. 13:37-5.5(a)3 and 13;
3. Written or electronic verification of status of licensure from every state or territory of the United States, or the District of Columbia, in which the applicant was ever licensed. The verification shall either be forwarded directly to the Board from the applicable state board, if written, or if electronic, be issued by the applicable state board;
4. Proof that the applicant was engaged in the practice of nursing in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application; and
5. A completed Criminal History Certification of Authorization form.
(c) A temporary courtesy license shall be valid for one year.
(d) An individual who holds a temporary courtesy license may apply to the Board for an extension of the license for an additional year by submitting a renewal application to the Board.
SUBCHAPTER 5. GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE
13:37-5.5 Fee schedule
(a) The following fees shall be charged by the Board in connection with licensure of professional and practical nurses:
1.-12. (No change.)
13. Temporary courtesy license.......................................60.00
(b)-(f) (No change.)