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NEW JERSEY REGISTER
RULE PROPOSALS
VOLUME 42, ISSUE 11
ISSUE DATE: JUNE 7, 2010
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING

Proposed Amendments: N.J.A.C. 13:37-5.2 and 8.3

Biennial License Renewal; Sexual Misconduct

Authorized By: State Board of Nursing, George Hebert, 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 2010-056.

Submit written comments by August 6, 2010 to:
   George Hebert, Executive Director
   State Board of Nursing
   P.O. Box 45010
   Newark, New Jersey 07101

The agency proposal follows:

Summary
 N.J.A.C. 13:37-5.2 requires a nurse, whose license has been administratively suspended or inactive for more than five years to fulfill the requirements for initial licensure, including retaking the licensing examination, as a prerequisite for reinstating or reactivating licensure. This requirement is imposed to ensure that a nurse who has not been practicing in the previous five years is competent to safely and effectively practice in New Jersey. However, a nurse who has been working in another state while his or her license was inactive or administratively suspended will have maintained such competency by virtue of the ongoing practice in that other state. The Board of Nursing (Board) proposes to amend N.J.A.C. 13:37-5.2, so that a nurse seeking to reactivate or reinstate a license after more than five years will not have to complete the requirements for initial licensure if he or she has been working as a nurse in another state. The Board also proposes to amend N.J.A.C. 13:37-8.3 to correct grammatical errors.

The Board has determined that the comment period for this notice of proposal will 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 have a positive social impact on nurses. The proposed amendment to N.J.A.C. 13:37-5.2 recognizes that nurses who worked in other states during periods of inactivation or suspension have maintained competency. Permitting these individuals to reactivate or reinstate licensure without completing the requirements for initial licensure will make it easier for these individuals to return to practice in New Jersey without jeopardizing the public. The Board believes that the proposed amendment could benefit society. Making it less burdensome for nurses to reinstate or reactivate licensure could increase the number of nurses in New Jersey who can provide services to [page=1000] the public. The Board does not anticipate that this proposed amendment will have any other impact on society.

Economic Impact
The proposed amendment to N.J.A.C. 13:37-5.2 may have a beneficial economic impact on nurses who worked in another state and are seeking reactivation or reinstatement after more than five years. These nurses will not have to complete the requirements for initial licensure, which will decrease the costs of reactivation or reinstatement. The Board does not believe that the proposed amendment 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 amendment.

Jobs Impact
The Board does not believe that the proposed amendments will result in an increase or decrease in the number of jobs in New Jersey.

Agriculture Industry Impact
The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis
Since the nurses are individually licensed by the Board 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 costs imposed by the proposed amendments are the same for all nurses as set forth in the Economic Impact statement above. The Board does not believe that nurses will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting or recordkeeping requirements, but impose compliance requirements as detailed in the Summary above.

The proposed amendment requires a nurse who worked in another state during administrative suspension or a period of inactive licensure to submit an affidavit indicating that he or she worked in the other state if he or she is seeking to reinstate or reactivate New Jersey licensure. As this requirement is imposed in order to ensure that nurses are adequately prepared to perform nursing services, no differing compliance requirements are imposed upon any nurse.

Smart Growth Impact
The Board does not anticipate that the proposed amendments 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.

Housing Affordability Impact
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 reinstatement or reactivation of licensure for nurses.

Smart Growth Development Impact
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 reinstatement or reactivation of licensure for nurses.

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

13:37-5.2   Biennial license renewal

(a)-(f) (No change.)

(g) A licensee who has worked in another state as a nurse during the period of administrative suspension shall be permitted to reinstate licensure without meeting the requirement of (f) above if he or she submits:

1. Proof that the licensee held a license in good standing in the state in which he or she worked; and

2. An affidavit to the Board, from the licensee's employer, which indicates that the licensee worked during the period of suspension as a nurse in the other state.

Recodify existing (g)-(j) as (h)-(k) (No change in text.)

(l) A licensee who has worked in another state as a nurse while on inactive status shall be permitted to reactivate licensure without meeting the requirement of (k) above if he or she submits:

1. Proof that the licensee held a license in good standing in the state in which he or she worked; and

2. An affidavit to the Board, from the licensee's employer, which indicates that the licensee worked during the period of suspension as a nurse in the other state.

SUBCHAPTER 8.    NURSING PRACTICE

13:37-8.3   Sexual misconduct

(a)-(g) (No change.)

(h) A licensee shall not engage in any activity performed with a patient or client, which would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or is for the sexual arousal or the sexual [or] gratification of the licensee, [or] client or patient or which constitutes an act of sexual abuse.

(i)-(k) (No change.)

   
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