VOLUME 47, ISSUE 3
ISSUE DATE: March 16, 2015
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey State Board of Mortuary Science
Proposed Amendment: N.J.A.C. 13:36-10.3
Continuing Education: Removal of Post-Course Examination
Authorized By: New Jersey State Board of Mortuary Science, Khaled Madin, Acting Executive Director.
Authority: N.J.S.A. 45:1-15, 45:7-38, and 45:7-72.2.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2015-038.
Submit written comments by June 5, 2015, to:
Khaled Madin, Acting Executive Director
New Jersey State Board of Mortuary Science
124 Halsey Street
PO Box 45009
Newark, New Jersey 07101
or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
The agency proposal follows:
The State Board of Mortuary Science (Board) proposes to amend N.J.A.C. 13:36-10.3 to remove the requirement for a post-course or program examination to earn continuing education credit hours for the subject areas of preneed funeral arrangements and funeral directing ethics and State law and rules relating to the practice of mortuary science.
The Board believes that required in-person attendance at continuing education courses regarding these subject areas during every biennial renewal cycle suffices to assure the professional competence of licensees in these areas. The additional requirement to complete a post-course examination is not necessary to protect the welfare of the public.
The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
The Board believes that the proposed amendment will have a positive social impact on licensees and continuing education providers without having a negative impact on the welfare of the public. The post-course examinations and evaluation of the results were not consistent among the continuing education providers, which lead to different standards for licensees to attain continuing education credits.
The Board believes that the proposed amendment will not have any impact on licensees and may have a positive economic impact on continuing education providers. Continuing education providers may realize cost savings by not dedicating resources to the creation of the examination and assessment of examination results.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:7-72.2 and is not subject to any Federal requirements or standards.
The Board does not believe that the proposed amendment will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The proposed amendment will have no impact on the agriculture industry in the State.
Regulatory Flexibility Statement
The proposed amendment does not impose any reporting, recordkeeping, or compliance requirements. Therefore, no regulatory flexibility analysis is required.
Housing Affordability Impact Analysis
The proposed amendment will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed amendment concerns the continuing education post-course examination requirement.
Smart Growth Development Impact Analysis
The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rule 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 amendment concerns the continuing education post-course examination requirement.
Full text of the proposal follows (deletions indicated in brackets [thus]):
SUBCHAPTER 10. CONTINUING EDUCATION
13:36-10.3 Minimum credit hours for biennial license renewal
(a) (No change.)
(b) A licensee shall obtain 10 credit hours of continuing education in courses or programs approved by the Board, consistent with the following requirements:
1. A licensee shall obtain at least two credit hours in each biennial licensing period in preneed funeral arrangements. The two credit hours shall require in-person attendance [and shall include a post-course or program examination];
2. A licensee shall obtain at least three credit hours in each biennial licensing period in funeral directing ethics and in New Jersey law and rules relating to the practice of mortuary science. The three credit hours shall require in-person attendance [and shall include a post-course or program examination];
3.-5. (No change.)
(c) (No change.)