NEW JERSEY REGISTER
VOLUME 41, ISSUE 16
ISSUE DATE: AUGUST 17, 2009
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING
Proposed Amendment: N.J.A.C. 13:37-1.11
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 2009-258.
Submit written comments by October 16, 2009 to:
George Hebert, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101
The agency proposal follows:
N.J.A.C. 13:37-1.11 dictates that every nursing program require an individual liability insurance policy for each student. The Board has been approached by some nursing programs that contend that an aggregate liability insurance policy that covers each student individually would be less expensive and would provide adequate coverage for students. The Board has reviewed this and has determined that an aggregate liability insurance policy that covers each student would provide adequate coverage, as long as the aggregate policy covers the full limit for each student. The Board proposes to amend N.J.A.C. 13:37-1.11, so that nursing programs may require an aggregate liability insurance policy.
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 Board believes that the proposed amendment will have a positive impact on society. The proposed amendment will maintain the requirement for student liability insurance protection for the benefit of nursing programs and the public, while allowing programs to determine the most appropriate method of providing insurance.
The Board believes that an aggregate insurance policy will be more affordable than individual liability insurance acquired by students. Allowing nursing programs to have aggregate policies will reduce costs to students to whom the cost of insurance is passed on by nursing programs.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment.
This proposed amendment will not increase or decrease 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
Since nursing programs are individually accredited by the Board, they may be considered small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.
The proposed amendment will have the same economic impact on small businesses as it does on all businesses as set forth in the Economic Impact above. Nursing programs will not need to employ any professional services to comply with the requirements of the proposed amendment. The proposed amendment does not impose reporting or recordkeeping requirements, but does impose compliance requirements as detailed in the Summary above.
Smart Growth Impact
The Board does not anticipate that the proposed amendment will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
Housing Affordability Impact
The proposed amendment will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed amendment concerns liability insurance for nursing students.
Smart Growth Development Impact
The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rule 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 liability insurance for nursing students.
Full text of the proposal follows (additions indicated in boldface thus):
SUBCHAPTER 1. PROGRAMS IN NURSING EDUCATION
13:37 -1.11 Maintaining accreditation: criteria for student admission, promotion and completion of the program
(a) Every nursing program shall:
1.-5. (No change.)
6. Require either individual liability insurance for each student or an aggregate liability insurance policy, which covers each student individually and which covers the full limit for each student;
7.-9. (No change.)
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