Proposed Amendments: N.J.A.C. 13:44C-3.2, 3.4, 4.1, and 5.2

Requirements for Licensure; Licensure without Examination Due to Licensure in Another State; Renewal of License; Requirements for Temporary Licensure

Authorized By: Eric T. Kanefsky, Acting Director, Division of Consumer Affairs.

Authority: N.J.S.A. 45:3B-24.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2013-030.

Submit written comments by April 20, 2013 to:

Renee Clark, Executive Director
Audiology and Speech-Language Pathology Advisory Committee
Division of Consumer Affairs
124 Halsey Street
PO Box 45002
Newark, New Jersey 07101

The agency proposal follows:

Summary

N.J.A.C. 13:44C-3.2 requires an applicant for licensure as an audiologist or speech-language pathologist to pass the National Teacher's Examinations in audiology or speech-language pathology. The correct name for this examination is the Praxis Examination. The Acting Director proposes to amend N.J.A.C. 13:44C-3.2 and 3.4 to use the correct name for the examination. N.J.A.C. 13:44C-3.2 requires applicants to achieve a score of 600 on the Praxis Examination. The Acting Director proposes to amend this rule to recognize that a passing score on the Praxis examination changes based on determinations made by Praxis.

The Acting Director has become concerned with the number of disciplinary cases in which licensed audiologists and speech-language pathologists claim to be unfamiliar with the statutes and rules governing the practice of audiology and speech-language pathology. The Acting Director believes that every licensee should be familiar with these statutes and rules. In order to help raise awareness of the New Jersey statutes and rules applicable to the practice of licensed audiologists and speech-language pathologists, the Acting Director proposes to require applicants for licensure to complete an on-line jurisprudence orientation. The Acting Director also proposes that current licensees complete this orientation as a prerequisite for license renewal for the 2015 renewal period. The Acting Director proposes new N.J.A.C. 13:44C-3.2(c), 3.4(d), 4.1(i), and 5.2(c) to require applicants for licensure, applicants for temporary licensure, and current licensees renewing licensure to complete the on-line jurisprudence orientation. The Acting Director also proposes to amend N.J.A.C. 13:44C-3.4 to require that a license in another jurisdiction be current.

The Acting Director has determined that the comment period for this notice of proposal shall 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.

Social Impact

The proposed amendments will protect licensees and patients who use their services by helping to ensure that licensees are familiar with the laws and rules governing the practice of audiology and speech-language pathology in New Jersey.

Economic Impact

The proposed amendments will not impose any costs on licensees as there will be no fee imposed for completing the on-line jurisprudence orientation.

Federal Standards Statement

A Federal standards statement is not required because there are no Federal standards or requirements applicable to the subject matters of the proposed amendments.

Jobs Impact

The proposed amendments will not increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Acting Director does not believe that the proposed amendments will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Since the holders of audiology and speech-language pathology licenses are individually licensed by the Audiology and Speech-Language Pathology Advisory Committee (Committee), 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 proposed amendments will not have an economic impact. The Acting Director does not believe that licensees will need to employ professional services in order to comply with the proposed amendments. The proposed amendments do not impose any reporting or recordkeeping requirements, but do impose compliance requirements as detailed in the Summary above.

The Acting Director believes that the proposed amendments protect the health, safety, and welfare of individuals receiving audiology and speech-language pathology services from licensees by ensuring that licensees are familiar with the statutes and rules governing the practice of audiology and speech-language pathology. As the proposed amendments protect the health, safety, and welfare of such individuals, it should be applied uniformly to all licensees regardless of the size of the business.

Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments concern requirements for obtaining and renewing licensure.

Smart Growth Development Impact Analysis

The proposed amendments 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 proposed amendments concern requirements for obtaining and renewing licensure.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 3. REQUIREMENTS FOR LICENSURE AS AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST

13:44C-3.2 Requirements for licensure

(a) An applicant for licensure shall submit to the Committee proof that the applicant has:

1. (No change.)

2. [Achieved a score of 600 on] Passed the [National Teachers'] Praxis Examination[s] in audiology or speech-language pathology, as appropriate, administered and set by [the] Educational Testing Service [in Princeton, New Jersey].

[page=249] (b) (No change.)

(c) In addition to the requirements of (a) and (b) above, an applicant shall complete the jurisprudence on-line orientation.

13:44C-3.4 Licensure without examination due to licensure in another state

(a) An applicant who is currently licensed in another state as an audiologist or speech-language pathologist which has substantially equivalent requirements for licensure as those in New Jersey may obtain licensure without providing proof of achieving a passing score [in] on the [National Teachers'] Praxis Examination[s] in audiology or speech-language pathology.

(b)-(c) (No change.)

(d) In addition to the requirements of (b) and (c) above, an applicant shall complete the jurisprudence on-line orientation.

SUBCHAPTER 4. RENEWAL OF LICENSURE; REINSTATEMENT; INACTIVE LICENSURE

13:44C-4.1 Renewal of license

(a)-(h) (No change.)

(i) As part of the 2015 biennial license renewal, licensees shall complete the jurisprudence on-line orientation.

SUBCHAPTER 5. APPLICANTS FOR TEMPORARY LICENSURE AS AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST

13:44C-5.2 Requirements for temporary licensure

(a)-(b) (No change.)

(c) In addition to the requirements of (a) and (b) above, an applicant shall complete the jurisprudence on-line orientation.