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NEW JERSEY REGISTER
VOLUME 34, NUMBER 17
TUESDAY, SEPTEMBER 3, 2002
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MORTUARY SCIENCE
LICENSURE BY CREDENTIALS


Proposed New Rule: N.J.A.C. 13:36-4.15

Authorized By: State Board of Mortuary Science, Paul Brush, Executive Director.

Authority: N.J.S.A. 45:7-38, 45:7-49.1 and 45:1-15.
Calendar Reference: See Summary below for explanation of exception to calendar requirements.
Proposal Number: PRN 2002-309.

Submit comments by November 2, 2002 to:

Paul Brush, Executive Director

State Board of Mortuary Science

124 Halsey Street

PO Box 45009

Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to its general rulemaking authority, N.J.S.A. 45:7-38, the State Board of Mortuary Science (the Board) proposes a new rule at N.J.A.C. 13:36- 4.15, concerning licensure by credentials, to implement the provisions of P.L. 1999, c.404, amended by P.L. 2001, c.83, which supplements the provisions of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq. The amendatory act, codified at N.J.S.A. 45:7-49.1, establishes requirements for applicants licensed in other states or jurisdictions who are seeking a license to practice mortuary science in New Jersey. The Board proposes new rule N.J.A.C. 13:36-4.15 in order to clarify the requirements articulated in N.J.S.A. 45:7-49.1 and to provide clear guidance to applicants regarding what information must be submitted to the Board for its review.

N.J.S.A. 45:7-49.1 provides that after successful completion of the law examination, and upon payment of a fee and submission of a written application, the Board may issue a license to a practitioner of mortuary science who is licensed in another state if the applicant has met education and experience requirements that are substantially equivalent to the Board's requirements, provided the applicant has been engaged in the practice of mortuary science for at least two years prior to the submission of his or her application. N.J.S.A. 45:7-49.1 provides further that the Board may issue a license to a practitioner of mortuary science who does not meet the Board's training and experience requirements, but who otherwise meets the Board's other licensure requirements, if the applicant has been engaged in the practice of mortuary science for at least five years prior to making application to the Board.

Proposed new rule N.J.A.C. 13:36-4.15 codifies the requirements of N.J.S.A. 45:7-49.1, but also clarifies for applicants what information the Board will look to in reviewing an application for licensure by credentials. N.J.A.C. 13:36-4.15(a) provides that the Board will issue a license to any person who holds a valid license to practice mortuary science in another jurisdiction, provided the applicant has met education and experience requirements that are substantially equivalent to the education and experience requirements in New Jersey, and provided the applicant passes the Mortuary Jurisprudence examination, and satisfies the requirements set forth in N.J.A.C. 13:36-4.15(a)1 through 5. Specifically, the applicant must submit a completed application which documents and certifies the applicant's education and experience. In addition, the applicant must submit an application fee, and a certification verifying that he or she has been engaged in the practice of mortuary science for at least two years immediately preceding the date of application. An applicant must also submit a certification verifying the status of his or her license to engage in the practice of mortuary science, including whether that license is in good standing in all jurisdictions in which the applicant is licensed, and a certification documenting any final or pending public disciplinary action that has been taken against the applicant in other jurisdictions. The certifications submitted as part of the application must be obtained from the licensing authority in the referenced jurisdictions.

Proposed subsection (b) sets forth the application requirements for those applicants seeking licensure by credentials who have education requirements which are substantially equivalent to the Board's requirements, but who do not meet the Board's experience requirements. Subsection (b) provides that the Board will issue a license to such an applicant if he or she submits a certification verifying that he or she has been actively engaged in the practice ofmortuary science for at least five years immediately preceding the submission of the application. In addition, the applicant must pass the Mortuary Jurisprudence examination and must submit a completed application verifying the applicant's education, the appropriate fee, and certifications verifying the applicant's licensure status in all jurisdictions in which he or she is licensed to practice mortuary science, and documenting the applicant's disciplinary history in all such jurisdictions.

Subsection (c) provides that all applicants for licensure by credentials must pass the Mortuary Jurisprudence examination administered by the Board pursuant to N.J.A.C. 13:36-3.2. Upon review of the application, the Board will notify the applicant whether he or she is eligible to sit for the examination. Subsection (d) provides that notwithstanding satisfaction of the requirements set forth in subsections (a), (b) and (c), an application for licensure by credentials, nevertheless, may be denied for any reason delineated in the Uniform Enforcement Act at N.J.S.A. 45:1-21.

The Board believes that the requirements established pursuant to N.J.A.C. 13:36-4.15 are reasonable and necessary to ensure that the Board receives sufficient information with which to make an informed decision regarding an applicant's request for licensure by credentials.

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 new rule will have a positive impact upon individuals from other jurisdictions seeking to become licensed practitioners of mortuary science in New Jersey. The proposed new rule will provide such individuals with clear direction as to the requirements they must satisfy before they can be licensed pursuant to N.J.S.A. 45:7-49.1. The proposed new rule will also have a positive impact upon consumers by ensuring that only those applicants who have achieved education and experience substantially equivalent to the requirements for New Jersey licensees will be permitted to use their credentials for licensure as practitioners of mortuary science in this State.

Economic Impact

The Board believes that the proposed new rule may have a positive economic impact upon individuals who seek to become licensed by credentials to the extent that such individuals will be able to obtain employment as licensed practitioners of mortuary science in the State. The proposed new rule, however, may further impact such individuals economically to the extent that applicants for licensure by credentials must remit the fee specified in N.J.A.C. 13:36- 1.6 as part of their application. In addition, such individuals may incur administrative expenses associated with submitting the documentation required pursuant to N.J.A.C. 13:36-4.15. Applicants will also incur the added expense associated with taking the Mortuary Jurisprudence examination. The Board believes that such costs are outweighed by the benefit to consumers in ensuring that only the most qualified applicants are granted licensure by credentials.

The proposed new rule will also have an economic impact upon the Board to the extent that the Board will incur administrative expenses in the processing and reviewing of licensure by credential applications. The Board, however, anticipates that those costs will be offset by the fees collected for such applications.

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rule is governed by N.J.S.A. 45:7-32 et seq., and is not subject to any Federal standards or requirements.

Jobs Impact

The Board does not believe that the proposed new rule will result in the creation or loss of jobs in the State. It is possible, however, that the proposed new rule may result in the creation of jobs to the extent that individuals from other jurisdictions whoare granted licenses to engage in the practice of mortuary science in New Jersey may choose to establish registered mortuaries in the State thereby generating additional employment opportunities for licensees.

Agriculture Industry Impact

The Board does not believe that the proposed new rule will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed new rule will apply. Currently, the Board licenses approximately 1,807 practitioners and approximately 774 mortuaries. If, for purposes of the Act, Board licensees are considered "small businesses" within the meaning of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed new rule, 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 new rule, to outline the manner in which it has designed the rule to minimize any adverse economic impact upon small businesses, and to set forth whether the rule establishes differing compliance requirements for small businesses.

Proposed new rule N.J.A.C. 13:36-4.15 does not impose any reporting, recordkeeping or compliance requirements upon Board licensees. The proposed new rule does, however, impose compliance requirements upon individuals licensed in other jurisdictions who wish to become licensed in New Jersey. N.J.A.C. 13:36-4.15(a) requires all applicants for licensure by credentials who have met education and experience requirements that are substantially equivalent to the education and experience requirements for initial licensure in New Jersey to submit a completed application for licensure, the fee provided for in N.J.A.C. 13:36-1.6, and a certification verifying that the applicant has been engaged in the practice of mortuary science for at least two years. The applicant must also submit a certification from the licensing authority in every jurisdiction in which he or she has been licensed to practice mortuary science, verifying the applicant's licensure status, including whether the license is in good standing, as well as a disciplinary history from all such jurisdictions.

N.J.A.C. 13:36-4.15(b) requires an applicant for licensure by credentials who has obtained education which is substantially equivalent to the Board's education requirements, but who does not have equivalent experience, to submit a completed licensure application, the fee set forth in N.J.A.C. 13:36-1.6, and a certification from the licensing authority in the jurisdiction in which the applicant is currently licensed, verifying that the applicant has been engaged in the practice of mortuary science for at least five years. Applicants must also submit certifications from the licensing authorities verifying the applicant's licensure status in each jurisdiction in which the applicant is licensed to practice mortuary science, as well as a disciplinary history from all such jurisdictions.

N.J.A.C. 13:36-4.15(c) requires all applicants for licensure by credentials to pass the Mortuary Jurisprudence examination, upon notification from the Board that the applicant is eligible to sit for the examination, and upon payment of the examination fee.

No professional services will be needed to comply with the proposed new rule. The costs of compliance with the proposed new rule are discussed in the Economic Impact above. The Board believes that the proposed new rule should be uniformly applied to all applicants seeking licensure by credentials in order to ensure uniform application of N.J.S.A. 45:7-49.1 and, therefore, no differing compliance requirements for any applicants for licensure are provided.

Smart Growth Impact

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

Full text of the proposed new rule follows:

<< NJ ADC 13:36-4.15 >>

13:36-4.15 Licensure by credentials

<<+(a) The Board shall issue a license to engage in the practice of mortuary science to any person who holds a valid license or certification to practice mortuary science issued by another state or possession of the United States, or the District of Columbia, provided that the applicant has met education and experience requirements substantially equivalent to the requirements set forth at N.J.A.C. 13:36-3.1, has satisfied the requirement of (c) below, and submits the following:+>>

<<+1. A completed application documenting and certifying the applicant's education and experience;+>>

<<+2. The fee set forth at N.J.A.C. 13:36-1.6(a)1;+>>

<<+3. A certification verifying that the applicant has been actively engaged in the practice of mortuary science for at least two years immediately preceding the submission of the application;+>>

<<+4. A certification from the licensing authority in each jurisdiction in which the applicant has been licensed or certified verifying the applicant's licensure status; and+>>

<<+5. A certification from the licensing authority in each jurisdiction in which the applicant has been licensed or certified documenting any final or pending public disciplinary action taken against the applicant.+>>

<<+(b) In the event that an applicant for licensure under (a) above has met education requirements which are substantially equivalent to the requirements set forth in N.J.A.C. 13:36-3.1, but has not attained the practical training and experience requirements which are substantially equivalent to the requirements set forth at N.J.A.C. 13:36-3.1, the Board shall issue a license to engage in the practice of mortuary science provided the applicant submits the items listed in (a)1, 2, 4 and 5 above, submits a certification verifying that the applicant has been actively engaged in the practice of mortuary science for at least five years immediately preceding the submission of the application, and has satisfied the requirement of (c) below.+>>

<<+(c) An applicant applying for licensure pursuant to (a) or (b) above shall pass the Mortuary Jurisprudence examination administered by the Board pursuant to N.J.A.C. 13:36-3.2, upon notification from the Board that the applicant is eligible to sit for the examination and upon payment of the fee set forth in N.J.A.C. 13:36-1.6(a)4.+>>

<<+(d) Notwithstanding (a), (b) and (c) above, the Board may deny an application for licensure by credentials for any of the reasons set forth in N.J.S.A. 45:1-21.+>>



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Rule Proposals State Board of Mortuary Science of New Jersey Consumer Affairs
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Posted September 3, 2002