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RULE PROPOSALS
VOLUME 45, ISSUE 20
ISSUE DATE: October 21, 2013
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF VETERINARY MEDICAL EXAMINERS

 Proposed Amendments: N.J.A.C. 13:44-1.1, 1.2, 1.4, 1.6, and 5.1

Proposed Repeals: N.J.A.C. 13:44-1.3 and 2

Eligibility for Admission to New Jersey State Jurisprudence Examination; Required Documentation; Admission to New Jersey State Jurisprudence Examination; New Jersey State Jurisprudence Examination; Passing Score; Examination Review; Licensure by Endorsement; Renewal of License; Eligibility for Temporary Permit; Fee Schedule
 
Authorized By: State Board of Veterinary Medical Examiners, Jonathon Eisenmenger, Executive Director.
 
Authority: N.J.S.A. 45:16-3.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2013-146.
 
Submit comments by December 20, 2013, to:
 
   Jonathon Eisenmenger, Executive Director
   State Board of Veterinary Medical Examiners
   PO Box 45020
   Newark, NJ 07101
 
[page=2325] The agency proposal follows:
 
Summary

To obtain a license as a veterinarian in New Jersey, an applicant is required to pass the State Jurisprudence Examination. This examination is offered four times a year by the Board of Veterinary Medical Examiners (Board). The Board has determined that an online jurisprudence orientation will provide a review of the statutes and rules pertinent to the practice of veterinary medicine in New Jersey comparable to that which the examination provides. The online orientation could be completed at any time after an applicant has demonstrated that he or she has met all of the other licensure requirements, significantly cutting down on the time it takes to obtain a license because applicants will no longer need to wait to take the examination. The Board proposes to amend N.J.A.C. 13:44-1.1, 1.2, 1.4, and 1.6, so that reference to the New Jersey State Jurisprudence Examination will be replaced with a reference to the Jurisprudence Orientation. As the examination will no longer be offered, the Board proposes to repeal N.J.A.C. 13:44-1.3, which outlines the review process for applicants who do not pass the examination, and to amend N.J.A.C. 13:44-5.1 to remove the fee for the examination.

N.J.S.A. 45:16-9.7 authorizes the Board to issue a temporary permit to a qualified veterinary graduate. These graduates are individuals who have met all of the requirements for licensure except passing the State Jurisprudence Examination. The temporary permit allows such individuals to provide veterinary services under the supervision of a licensee while they wait to take and be informed of the results of the Jurisprudence Examination. As the Board has proposed to replace the examination with an online jurisprudence orientation, there will be no more waiting period. An applicant who has completed all of the other requirements for licensure will be able to complete the online orientation immediately and the temporary permit is no longer necessary. The Board proposes to amend N.J.A.C. 13:44-1.1 to remove reference to the temporary permit and N.J.A.C. 13:44-5.1 to remove the fee for the temporary permit. The Board also proposes to repeal N.J.A.C. 13:44-2.1 and 2.2, which outline requirements for the temporary permit.

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.
 
Social Impact

The proposed amendments and repeals will benefit applicants for veterinary licenses. Applicants will be able to complete the online Jurisprudence Orientation sooner than they can complete the Jurisprudence Examination, which will reduce the time it takes to obtain a license.
 
Economic Impact

The proposed amendments and repeals will have a positive economic impact on applicants for veterinary licenses, as they will no longer be required to pay the $ 100.00 examination fee. The Board does not anticipate that the proposed amendments and repeals will have any other economic impact.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments and repeals.
 
Jobs Impact

The proposed amendments and repeals will not increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

The Board does not believe that the proposed amendments and repeals will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Statement

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the impact of a rulemaking on small businesses. A regulatory flexibility analysis is not required because the proposed amendments and repeals only apply to applicants for licensure who are not considered "small businesses" because they are not yet licensed.
 
Housing Affordability Impact Analysis

The proposed amendments and repeals will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the proposed amendments and repeals would evoke a change in the average costs associated with housing because the proposed amendments and repeals concern the Jurisprudence Examination and temporary permit requirements for veterinarians.
 
Smart Growth Development Impact Analysis

The proposed amendments and repeals will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments and repeals 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 amendments and repeals concern the Jurisprudence Examination and temporary permit requirements for veterinarians.
 
Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:44-1.3 and 2.
 
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    LICENSURE BY EXAMINATION; LICENSURE BY WAIVER OF EXAMINATION; BIENNIAL LICENSE RENEWAL; REINSTATEMENT
 
13:44-1.1   Eligibility [for admission] to take New Jersey [State] Jurisprudence [Examination] Orientation
 
(a) As a prerequisite to taking the New Jersey [State] Jurisprudence [Examination] Orientation, an applicant shall submit to the Board:
 
1.-2. (No change.)
 
[(b) An applicant who meets the requirements of (a) above, who has either received a doctoral degree in veterinary medicine from a veterinary college or university accredited by the American Veterinary Medical Association (AVMA) or has completed an ECFVG program, and has completed an application to sit for the next scheduled licensing examination shall be eligible for a temporary permit to be employed as an assistant veterinarian in New Jersey under the responsible supervision of a New Jersey licensed veterinarian at a practice located in the State of New Jersey, pursuant to the provisions of N.J.A.C. 13:44-2.1 and 2.2.]
 
[(c)] (b) (No change in text.)
 
13:44-1.2   Required documentation[; admission] to take the New Jersey [State] Jurisprudence [Examination] Orientation
 
(a) An applicant for licensure shall submit or arrange to have submitted to the Board[, at least two months prior to the New Jersey State Jurisprudence Examination] the following:
 
1.-6. (No change.)
 
13:44-1.3   (Reserved)
 
13:44-1.4   Licensure by endorsement
 
(a) The Board shall issue a license to an applicant who:
 
1.-5. (No change.)
 
6. Has [passed] completed the New Jersey [State] Jurisprudence [Examination] Orientation.
 
(b)-(c) (No change.)
 
13:44-1.6   Renewal of license
 
(a)-(i) (No change.)
 
(j) A licensee who has been on inactive status for more than five years who wishes to return to the practice of veterinary medicine shall meet the requirements of (g) above and [successfully] complete the New Jersey [State] Jurisprudence [Examination] Orientation.
 
SUBCHAPTER 2.   (RESERVED)
 
SUBCHAPTER 5.    FEE SCHEDULE
 
13:44-5.1   Fee schedule
 
(a) The following fee shall be charged by the Board:
 
1.-2. (No change.)
 
[3. Licensing examination.................................................... $ 250.00
 
[page=2326] 4. Temporary permit.............................. $ 100.00]
 
Recodify existing 5.-12. as 3.-10. (No change in text.)


 

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