VOLUME 39, ISSUE 9
MAY 7, 2007
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF RESPIRATORY CARE
Proposed Amendments: N.J.A.C. 13:44F-5.1 and 8.1
Click here to view Interested Persons Statement
Authorized By: State Board of Respiratory Care, Dorcas O'Neal, Executive Director.
Authority: N.J.S.A. 45:14E-7 and 14.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2007-148.
Submit comments by July 6, 2007 to:
Dorcas O'Neal, Executive Director
State Board of Respiratory Care
124 Halsey Street
Newark, New Jersey 07101
The agency proposal follows:
The proposed amendments implement changes in the Respiratory Care Practitioner Licensing Act, N.J.S.A. 45:14E-1 et seq., made by P.L. 2004, c. 167, which became effective December 7, 2004. More specifically, as a result of the changes in the law, the Board of Respiratory Care (the Board) is proposing to amend N.J.A.C. 13:44F-5.1, Temporary license, to delete the option of renewing a temporary license and to establish that upon expiration of the temporary license it must be surrendered to the Board. The Board is proposing this amendment so that the rules are consistent with N.J.S.A. 45:14E-14a.
As a result of deleting the option of renewing a temporary license, the Board is proposing to delete from N.J.A.C. 13:44F-8.1 the $ 45.00 fee associated with a temporary license renewal.
As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
The proposed amendments may have a negative social impact upon temporary licensees who do not obtain permanent licensure within the six-month time frame that the temporary license is valid. If these individuals do not become licensed during the time they hold a temporary license, they cannot perform respiratory care duties once the temporary license expires. Therefore, they will have to obtain other work until they obtain a permanent license.
Although the proposed amendments may have a negative social impact upon temporary licensees, the proposed amendments weigh strongly in favor of the public interest because they prohibit temporary licensees from continuing to practice respiratory care for periods of time without obtaining permanent licensure status.
The proposed amendments may have an economic impact upon those temporary licensees who do not obtain permanent licensure within the six-month time frame that the temporary license is valid. Such individuals will have to obtain some other form of employment since they would be precluded from working in the respiratory care field. However, the Board believes that if any adverse economic impact is experienced by these individuals as a result of the proposed amendments, it is significantly outweighed by the consumer protection measures these amendments afford.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:14E-1 et seq., and, therefore, are not subject to any Federal standards or requirements.
The Board does not expect that the proposed amendments will result in the creation or loss of jobs in the State. However, the proposed amendments will have a jobs impact upon those respiratory care practitioners who would have been able to renew, but no longer are permitted to do so. These individuals will have to seek employment elsewhere.
Agriculture Industry Impact
The Board does not believe that the proposed amendments will have any impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
If, for purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (Act) licensees are considered "small businesses" within the meaning of the Act, then the following analysis applies.
The proposed amendments will impose compliance requirements upon licensees since the amendments establish the process a temporary licensee must comply with when the temporary license expires. Once the temporary license expires, it must be surrendered to the Board.
In addition, surrendering the temporary license to the Board also imposes reporting and recordkeeping requirements upon holders of these licenses. These licensees must keep track of when the license expires and then must surrender the license to the Board.
No professional services will be needed to comply with the proposed amendments. In order to ensure that all State temporary licensed respiratory care practitioners are subject to the same professional requirements and foster uniform provision of respiratory care services to patients, no differing compliance requirements based on size with the business have been provided.
Smart Growth Impact
The proposed amendments are not anticipated to have an impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
13:44F-5.1 Temporary license
(a)-(c) (No change.)
(d) The holder of a temporary license shall take the examination administered by the National Board of Respiratory Care or its successor organization within six months of issuance of the temporary license unless the temporary license holder can demonstrate undue hardship to the Board. The temporary licensee shall submit a request to the National Board of Respiratory Care to inform the Board of the temporary licensee's test results. The temporary license shall expire six months from the date of issuance [except that if the candidate fails the examination, the provisions of (d)2 and 3 below apply].
1. (No change.)
[2. If a temporary licensee is notified that he or she has failed the examination for the first time, the temporary license shall expire 10 days from such notification and if he or she intends to continue in the practice of respiratory care, he or she shall:
i. Apply to the Board for a one-time temporary license renewal; and
ii. Submit to the Board the temporary license renewal fee as set forth in N.J.A.C. 13:44F-8.1.
3. Upon issuance of the second temporary license, the temporary licensee shall take the respiratory care examination within six months of the issuance of the temporary license.
4. Upon notification by the Board that he or she has passed the second examination, the temporary licensee shall submit the initial license fee as set forth in N.J.A.C. 13:44-8.1 within 10 days if he or she intends to practice respiratory care in the State of New Jersey. If a temporary licensee fails the examination for the second time, the temporary license shall expire and he or she shall surrender the license to the Board.]
2. Upon expiration of the temporary license, the temporary license shall be surrendered to the Board.
[(e) Unless the temporary license holder can demonstrate undue hardship to the Board, the second temporary license shall expire at the end of the six month period.]
(a) State Board of Respiratory Care charges for licensure and other services as follows:
1.-5. (No change.)
6. Six-month temporary license......... $ 40.00
[i. Temporary license renewal.......... $ 40.00]
7.-11. (No change.)