NEW JERSEY REGISTER
VOLUME 33, NUMBER 13
MONDAY, JULY 2, 2001
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF RESPIRATORY CARE
TEMPORARY LICENSURE

Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.

Proposed Amendment: N.J.A.C. 13:44F-5.1

Authorized By: State Board of Respiratory Care, Dorcas K. O'Neal, Executive Director.

Authority: N.J.S.A. 45:14E-7.

Proposal Number: PRN 2001-264.

Submit comments by August 1, 2001 to:

Dorcas K. O'Neal, Executive Director
State Board of Respiratory Care
PO Box 45031
Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to its rulemaking authority set forth in N.J.S.A. 45:14E-7, the State Board of Respiratory Care (the Board) proposes to amend N.J.A.C. 13:44F-5.1 regarding temporary licensure. The Board seeks to amend the rule to reflect changes that have been made in the testing procedure of the National Board of Respiratory Care, which now provides the opportunity to take an instantly graded computer examination available nearly every day, rather than the traditional examination administered only three times per year.

The Board proposes to amend subsection (d) of N.J.A.C. 13:44F-5.1 to require the holder of a temporary license to take the examination administered by the National Board of Respiratory Care or its successor organization within six months of the issuance of the temporary licensee unless the holder can demonstrate undue hardship to the Board. The proposed amendment also specifies that the temporary license will expire six months from the date of issuance. Additionally, the Board proposes to amend N.J.A.C. 13:44F-5.1(d)1 to require that upon notification to the holder of the temporary license that he or she has passed the examination, the temporary licensee must submit the initial license fee required pursuant to 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. The proposed amendment to N.J.A.C. 13:44F-5.1(d)2 states that the temporary license expires 10 days from notification that the temporary licensee has failed the examination for the first time. The Board proposes to add a new paragraph (d)3 which states that upon issuance of the second temporary license, the temporary licensee must take the respiratory care examination within six months of the issuance of the temporary license. The amendment adding new paragraph (d)4 specifies that upon passage of the second examination, the temporary licensee must 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. Finally, the Board proposes to amend N.J.A.C. 13:44F-5.1(e) to require that unless the temporary license holder can demonstrate undue hardship to the Board, the second temporary license expires at the end of the six month period.

Social Impact

The proposed amendment to N.J.A.C. 13:44F-5.1 will benefit temporary licensees by providing them with the opportunity to hold a temporary permit for up to a year and undergo supervised training before full licensure. The supervision by a licensee will provide the temporary licensee with the additional opportunities for clinical training for the practice of respiratory care. The public will be assured that the provision of care by a temporary licensee will be under the supervision of a licensee and such full year of supervised work will provide the temporary licensee valuable training.

Economic Impact

Currently, temporary licensees are required to pay a fee for temporary licensure to the Board pursuant to N.J.A.C. 13:44F-8 and an examination fee established by the National Board of Respiratory Care. These fee payments are not affected or being changed by the proposed amendment. The amendment will not impose any additional economic impact upon licensees or temporary licensees. In addition, the proposed amendment will not have an economic impact on the general public or patients who receive services from temporary licensees.

Federal Standards Statement

There are no Federal standards or requirements applicable to the proposed amendment.

Jobs Impact

Although the proposed amendment may not increase or decrease jobs in the State, the proposed amendment may have an effect on jobs if a temporary licensee fails the National Board of Respiratory Care Examination twice, rendering the temporary licensee ineligible to practice respiratory care until having passed the examination. If the proposed amendment does not go into effect, temporary licensees will be required to take the next scheduled examination, which under the new National Board of Respiratory Care system, would require immediate examination.

Agriculture Industry Impact

The proposed amendment will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed amendment will apply. If, for the purposes of the Act, the approximately 3,246 licensed respiratory care therapists, 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 amendment 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, outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

The proposed amendment to N.J.A.C. 13:44F-5.1 imposes no reporting or recordkeeping requirements. However, the proposed amendment imposes several compliance requirements. Subsection (d) requires the holder of a temporary license to take the National Board of Respiratory Care Examination within six months of issuance of the temporary license unless the temporary license holder can demonstrate undue hardship to the Board. Additionally, if the temporary licensee intends to practice respiratory care in New Jersey, the temporary licensee must submit an initial license fee to the Board within 10 days of notification that he or she has passed the examination. If the temporary licensee fails the first examination and intends to continue to practice respiratory care in New Jersey, the temporary licensee must submit the temporary license renewal fee to the Board. Also, subsection (e) requires that unless the temporary license holder can demonstrate undue hardship to the Board, the second temporary license expires at the end of the six month period. Costs that may be incurred are discussed in the Economic Impact above, and no professional services should be required.

The Board believes that because the proposed amendment furthers the welfare of the public in its dealings with both the licensee and the temporary licensee practicing respiratory care, the proposed amendment must be applied uniformly to all licensees regardless of the size of the business.

Full text of the proposal follows:

<< NJ ADC 13:44F-5.1 >>

13:44F-5.1 Temporary license

(a)-(c) (No change.)

(d) <<-Except in the case of undue hardship, as determined by the Board, the->> <<+The+>> holder of a temporary license shall <<-be required to take the next scheduled examination->> <<+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 <<-automatically->> expire <<-45 days subsequent to the next examination->> <<+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. <<-If a->> <<+Upon notification that he or she has passed the examination, the+>> temporary licensee <<-passes the examination and intends to practice respiratory care in the State of New Jersey, he or she shall immediately apply for permanent licensure in the State of New Jersey by submitting a completed application to the Board together with the appropriate->> <<+shall submit the+>> initial license fee as set forth in N.J.A.C. 13:44-8.1 <<-no later than->> <<+within+>> 10 days <<-following the temporary licensee's receipt of test results->> <<+if the temporary licensee intends to practice respiratory care in the State of New Jersey+>>.

2. If a temporary licensee <<-fails->> <<+is notified that he or she has failed+>> the examination for the first time, the temporary license shall <<-automatically->> expire <<-upon->> <<+10 days from such+>> notification <<-to the temporary licensee of the test results by the National Board for Respiratory Care. The temporary licensee may reapply for the next examination->> and if he or she intends to continue in the practice of respiratory care, he or she shall <<-within ten days of the issuance of the test results->>:

i. Apply to the Board for a one-time temporary license renewal; and

ii. <<-Forward->> <<+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.+>>

<<-3.->><<+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 <<-automatically upon notification to the temporary licensee of the test results by the National Board for Respiratory Care->> and he or she shall surrender the license to the Board.

(e) <<-Except in the case of undue hardship, as determined by the Board, if the temporary license holder fails to appear on the scheduled date of the second examination, the->> <<+Unless the temporary license holder can demonstrate undue hardship to the Board, the second+>> temporary license shall <<-automatically->> expire <<+at the end of the six month period+>>.

33 N.J.R. 2244(a)


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Posted July 2, 2001