Proposed Repeal: N.J.A.C. 13:37-5.6
Responsibilities of Licensure
Authorized By: State Board of Nursing, George Hebert, Executive Director.
Authority: N.J.S.A. 45:11-23 et seq., specifically 45:11-24.d(19).
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2012-179.
Submit written comments by April 5, 2013 to:
George Hebert, Executive Director
State Board of Nursing
Post Office Box 45010
Newark, New Jersey 07101
The agency proposal follows:
Under N.J.A.C. 13:37-5.6 a licensee holding multiple licenses is to be held to the level of his or her highest licensure regardless of his or her employment status. This rule addresses situations in which a professional licensed as a registered professional nurse and as a licensed practical nurse is working in a position that is not recognized as either a registered professional nursing position or licensed practical nursing position, respectively. The most common example of this is when a registered professional nurse holding a license as a licensed practical nurse is working as a licensed practical nurse. Under N.J.A.C. 13:37-5.6, such an individual would be held to the practice standards of a registered professional nurse, even though he or she was employed as a licensed practical nurse.
The New Jersey Hospital Association (NJHA) has reached out to the Board of Nursing (Board) with concerns about the rule. According to the NJHA, N.J.A.C. 13:37-5.6 has been interpreted as prohibiting hospitals and other healthcare facilities from employing a nurse in any role other than as a registered professional nurse or a licensed practical nurse. The rule does not prohibit such employment; however, the Board wishes to remove any perceived barriers to employment. The Board proposes to repeal N.J.A.C. 13:37-5.6.
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 rule proposed for repeal will have a positive social impact on nurses. NJHA has represented that N.J.A.C. 13:37-5.6 is perceived as prohibiting hospitals and other healthcare entities from employing registered professional nurses or licensed practical nurses in jobs that are not specifically "nursing" jobs and as a result nurses are not being employed in non-nursing jobs. The proposed repeal will remove this perceived barrier to employment.
The rule proposed for repeal may have a beneficial economic impact on nurses in that the repeal removes perceived barriers to employment. The Board does not anticipate that the rule proposed for repeal will have any other economic impact.
Federal Standards Statement
A Federal standards analysis is not required because no Federal laws or standards applicable to the subject matter of the rule proposed for repeal.
By removing perceived barriers to employment, the rule proposed for repeal may increase the number of jobs available to registered professional nurses and licensed practical nurses.
Agriculture Industry Impact
The Board does not believe that the rule proposed for repeal will have any impact on the agriculture industry of this State.
Regulatory Flexibility Statement
Since the nurses are individually licensed by the Board under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The rule proposed for repeal does not impose any costs. The Board does not believe that nurses will need to employ any professional services to comply with the requirements of the rule proposed for repeal. The rule proposed for repeal imposes no compliance, reporting, or recordkeeping requirements.
Housing Affordability Impact Analysis
The rule proposed for repeal 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 [page=201] housing because the rule proposed for repeal concerns responsibilities of licensure for nurses.
Smart Growth Development Impact Analysis
The rule proposed for repeal 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 rule proposed for repeal concerns responsibilities of licensure for nurses.
Full text of the rule proposed for repeal follows (addition indicated in boldface thus; deletions indicated in brackets [thus]):
13:37-5.6 [Responsibilities of licensure] (Reserved)
[A licensee shall be held to the level of practice associated with his or her licensure, either as a registered professional nurse or licensed practical nurse, regardless of his or her employment status. For example, when a registered professional nurse is employed as a licensed practical nurse, he or she will be held to the standards of a registered professional nurse.]
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