link to http://www.state.nj.us/search.html

NEW JERSEY REGISTER
VOLUME 35, NUMBER 16
MONDAY, AUGUST 18, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF NURSING
Eligibility Requirements For Licensure By Endorsement, Examination Scores For
Licensure By Endorsement And Application Requirements For Licensure By
Endorsement

Proposed Repeal and New Rule: N.J.A.C. 13:37-4.1

Proposed Repeal: N.J.A.C. 13:37-4.2

Proposed Recodification with Amendment: N.J.A.C. 13:37-4.3 as 4.2

Authorized By: State Board of Nursing, George Hebert, Acting Executive Director.

Authority: N.J.S.A. 45:11-24.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2003-339.

Submit comments by October 17, 2003 to:

George Hebert, Acting Executive Director

State Board of Nursing

PO Box 45010

Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to its rulemaking authority in N.J.S.A. 45:11-24, the New Jersey Board of Nursing (the Board) proposes to amend N.J.A.C. 13:37-4.1, concerning eligibility requirements for licensure by endorsement, and N.J.A.C. 13:37-4.3, concerning application requirements for licensure by endorsement. The Board further proposes to repeal N.J.A.C. 13:37-4.2, concerning examination scores for licensure by endorsement.

N.J.A.C. 13:37-4.1(a) sets forth eligibility requirements for applicants for licensure by endorsement. Such applicants are required to meet all of the qualifications for the type of licensure sought pursuant to N.J.S.A. 45:1-14 et seq. and 45:11-23 et seq. and N.J.A.C. 13:37. Applicants also must be licensed by examination in a jurisdiction that is a member of the National Council of State Boards of Nursing and have attained a passing score on the licensing examination as outlined in N.J.A.C. 13:37-4.2 and 4.3. The Board proposes to amend this rule so that a registered professional nurse or licensed practical nurse who is licensed in another state, territory or possession of the United States, or the District of Columbia, will be eligible for licensure by endorsement if he or she meets the requirements of N.J.S.A. 45:1-14 et seq., 45:11-26 and 45:11-27. This amendment clarifies which sections of N.J.S.A. 45:11-23 et seq. specifically apply to licensure and deletes the redundant reference to N.J.A.C. 13:37. The amendment deletes the requirement that applicants be licensed by examination in a jurisdiction which is a member of the National Council of State Boards of Nursing; this reflects the fact that every jurisdiction that licenses nurses in the United States does so through an examination and that every jurisdiction is a member of the National Council of State Boards of Nursing. The amendment also deletes reference to passing scores on the licensing examination as set forth by N.J.A.C. 13:37-4.2 and 4.3, this reflects amendments to those rules and the deletion of the requirement that applicants achieve specific scores on the licensing examination.

N.J.A.C. 13:37-4.1(b) states that attendance in, or successful completion of, a professional nursing program is not a substitute for a licensed practical nursing program and will not qualify an applicant for licensure as a licensed practical nurse. The Board proposes to amend this subsection to clarify that this provision applies to applicants for licensure by endorsement as a practical nurse. The Board proposes to delete N.J.A.C. 13:37-4.1(c) and (d) because their provisions are redundant and covered in other places by these rules or N.J.S.A. 45:1-21.

The Board proposes to repeal N.J.A.C. 13:37-4.2. The Board does not believe it is necessary to review an endorsement applicant's test score to determine if the applicant has the minimum competency to practice as a nurse in New Jersey. The Board believes a more meaningful measure of qualification for an endorsement applicant is the status of the applicant's license in the other states of licensure and not the grade achieved on the initial licensure examination.

N.J.A.C. 13:37-4.3 has been recodified as N.J.A.C. 13:37-4.2. Subsection (a) requires an applicant for licensure by endorsement to submit all the documents required by N.J.A.C. 13:37-2.3, the initial license and application for licensure by endorsement fees and a written verification of licensure in good standing from the state of original licensure and the state where the applicant is currently licensed. This verification must indicate that the applicant attained the score on the licensing examination required by New Jersey at the time the applicant was originally licensed. This subsection is proposed for amendment to require an applicant to submit to the Board a completed application, the initial license fee and application for licensure by endorsement fee as set forth in N.J.A.C. 13:37-5.5(a)2 and 3, and written or electronic verification of licensure in good standing from every state, territory or possession of the United States, or the District of Columbia, in which the applicant is, or ever was, licensed.

Subsection (b) of N.J.A.C. 13:37-4.3 states that an applicant who was licensed in a state that did not require the national licensing examination, or who failed to obtain a passing score on the licensing examination, must apply for licensure pursuant to N.J.A.C. 13:37-2. The Board proposes to delete this subsection as it is unnecessary; every jurisdiction requires applicants to take and pass the national licensing examination.

The Board has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the amendments, new rule and repeals will have a positive impact on licensees from another state who apply for licensure in New Jersey. The proposed amendments and repeal streamline for these applicants the process by which they may become licensed in this State. This clarification will make it easier for these applicants to become licensed in New Jersey while maintaining the high standards for licensure that protect patients in New Jersey. The Board believes that the proposed amendments will benefit patients in New Jersey. By streamlining the licensure by endorsement process, more out-of-State nurses will be encouraged to apply for licensure in New Jersey which will increase the number of qualified nurses who can provide safe and effective nursing care to patients.

Economic Impact

The Board does not anticipate that the proposed amendments, new rule and repeals will have any new or additional economic impact on out-of-State nurses who apply for nursing licenses in New Jersey. Such applicants currently are required to pay an application fee of $75.00 and these amendments and new rule do not increase the already established cost.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the proposed amendments, new rule and repeals.

Jobs Impact

The Board does not believe that the proposed amendments, new rule and repeals will create new jobs in the State. The Board does believe that by modifying the requirements for licensure by endorsement it will be easier for nurses from other states to be licensed in this State, which will increase the number of nurses who are available to provide nursing services in New Jersey.

Agriculture Industry Impact

The Board does not believe that the proposed amendments, new rule and repeals will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed amendments, and new rules will apply. A regulatory flexibility analysis is not required because the proposed amendments only apply to applicants for licensure who are not considered "small businesses" because they do not yet have a license to practice nursing.

Smart Growth Impact

The Board does not anticipate that the proposed amendments, new rule and repeals will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposal follows:

<< NJ ADC 13:37-4.1 >>

<<-13:37-4.1 Eligibility requirements->>

<<-(a) Each applicant for licensure by endorsement shall:->>

<<-1. Meet all of the qualifications for the type of licensure sought, as set forth in N.J.S.A. 45:1-14 et seq., 45:11-23 et seq. and this chapter;->>

<<-2. Be licensed by examination in a jurisdiction which is a member of the National Council of State Boards of Nursing; and->>

<<-3. Have attained a passing score on the licensing examination consistent with the provisions of N.J.A.C. 13:37-4.2 and 4.3.->>

<<-(b) Attendance in or successful completion of the professional nursing program shall not serve as an equivalent or substituted qualification for the practical nursing educational requirement.->>

<<-(c) An applicant who is deficient in the required curriculum content set forth in N.J.A.C. 13:37-1.13 or who fails to provide written verification of licensure in good standing from the state of original licensure and from the state in which the applicant is currently licensed shall not be eligible for licensure by endorsement.->>

<<-(d) Any applicant who obtains his or her credentials (for example, transcripts, licensure) through fraud, deception, misrepresentation, false promise or false pretense shall not be eligible to be licensed.->>

<< NJ ADC 13:37-4.1 >>

<<+13:37-4.1 Eligibility requirements for licensure by endorsement+>>

<<+(a) A registered professional nurse or licensed practical nurse licensed in another state, territory or possession of the United States, or the District of Columbia, who wishes to be licensed in New Jersey may be licensed by endorsement in this State if he or she meets the requirements for licensure as set forth in N.J.S.A. 45:1-14 et seq., 45:11-26 and 45:11-27.+>>

<<+(b) An applicant for licensure by endorsement as a licensed practical nurse shall have graduated from a practical nurse program. Attendance in or successful completion of a professional nursing program shall not serve as an equivalent for the practical nursing educational requirement.+>>

<< NJ ADC 13:37-4.2 >>

<<-13:37-4.2 Examination scores; professional nurses->>

<<-(a) Applicants for professional nurse licensure by endorsement shall be required to have attained a passing score on the licensing examination as follows:->>

<<-1. If licensed prior to March 1954, the passing score required in the state of original licensure;->>

<<-2. If licensed between March 1954 and July 1982, the passing score required in New Jersey in all subjects of State Board Test Pool Examination;->>

<<-3. If licensed after July 1982, the score required for all applicants for licensure by NCLEX-RN.->>

<<-(b) Applicants for practical nurse licensure by endorsement shall be required to have attained a passing score on the licensure examination as follows:->>

<<-1. If licensed prior to January 1, 1949, the passing score required in the state of original licensure;->>

<<-2. If licensed between January 1, 1949 and December 31, 1960, a score of 350;->>

<<-3. If licensed after January 1, 1961, a score of 375 on the State Board Test Pool Examination;->>

<<-4. If licensed after October 1982, a score of 350 on the NCLEX-PN;->>

<<-5. If licensed after October 1989, a "pass" score on the NCLEX-PN.->>

<< NJ ADC 13:37-4.2 >>

<< NJ ADC 13:37-4.3 >>

13:37-<<-4.3->><<+4.2+>> Application requirements<<-;->> <<+ for+>> licensure by endorsement

(a) <<-Each->> <<+An+>> applicant for licensure by endorsement shall submit or arrange to submit the following to the Board:

1. <<-All of the documents required in N.J.A.C. 13:37-2.3;->> <<+A completed application form, provided by the Board, which requests information concerning the applicant's educational and experiential background;+>>

2.<<+ +>><<-An->> <<+A non-refundable+>> initial license fee and application for licensure by endorsement fee as set forth in N.J.A.C. 13:37<<+-+>><<-5.8(a)2 and 3->><<+5.5(a)2 and 3+>>; and

3. Written <<+or electronic+>> verification of <<+status of+>> licensure <<-in good standing->> from <<-the->> <<+every+>> state<<+, territory or possession of the United States, or the District of Columbia,+>> in which the applicant was <<-originally->> <<+ever+>> licensed <<-and from the state in which the applicant is currently licensed->>. The verification shall <<+either+>> be forwarded directly to the Board from the applicable state board<<+, if written, or if electronic, be issued by the applicable state board+>>. <<-The verification from the state of original licensure shall indicate that the applicant attained a passing score on the national licensing examination equal to that required of candidates in New Jersey at the time of the applicant's initial licensure in the original state of licensure.->>

<<-(b) Where the state of original licensure did not utilize the examinations referred to in this subsection or the applicant otherwise fails to attain a passing score, the applicant shall be required to apply for licensure by examination pursuant to N.J.A.C. 13:37-2.->>



Rule Proposals | New Jersey Board of Nursing | Medical and Mental Health Related Professional Boards | Consumer Affairs Home Page | NJ Dept. of Law and Public Safety Home Page | State of NJ Home Page | Feedback Survey
If you have any comments or questions, our e-mail address is: askconsumeraffairs@lps.state.nj.us
Posted August 2003