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New Jersey Board of Nursing

Proposed Amendment: N.J.A.C. 13:37-1.8
Maintaining Accreditation: Curriculum Organization and Content
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 2006-393.

Submit written comments by February 2, 2007 to:

   George Hebert, Executive Director
   State Board of Nursing
   PO Box 45010
   Newark, New Jersey 07101

The agency proposal follows:


N.J.S.A. 45:1-29 requires that every applicant for a health care professional license undergo a criminal history background check as a prerequisite for licensure. This includes applicants for registered professional nurse and licensed practical nurse licenses. The Board of Nursing (Board) proposes to amend N.J.A.C. 13:37-1.8 to require that, prior to admitting an individual to a nurse education program, the program inform the individual that a criminal history background check is a prerequisite to licensure. The Board believes that this will ensure that applicants for licensure are aware of the criminal history background check and that applicants will have time to resolve any issues they may have with a criminal background before they apply for licensure.

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

Social Impact

The proposed amendment provides information about licensing procedures to individuals before they are admitted to nurse education programs. This information will benefit these individuals as they will be aware that a criminal history background check is a prerequisite of licensure before they begin their education. The Board believes that providing this information will encourage students to resolve any issues they have with a criminal history background prior to applying for licensure, which should reduce the time between initial application and issuance of licensure for these individuals.

Economic Impact

The proposed amendment will require nurse education programs to provide information about criminal history background checks to individuals before they are admitted into the program. The cost of providing this information will be borne by the program. The Board believes this cost will be negligible.

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 believes that the proposed amendment will not increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Board does not believe that the proposed amendment will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Some nurse education programs may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.

The costs imposed by the proposed amendment are the same for all programs as outlined above in the Economic Impact above. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendment. The proposed amendment imposes no reporting or recordkeeping requirements, but imposes compliance requirements upon nurse education programs.

The proposed amendment will ensure that prospective students are aware that a criminal history background check is a prerequisite of licensure. As this protects all students, no differing compliance requirements are imposed upon nurse education programs depending on size.

Smart Growth Impact

The Board does not anticipate that the proposed amendment 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 (addition indicated in boldface thus):

13:37-1.8   Maintaining accreditation: curriculum organization and content

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

(h) Before an individual is admitted to a nursing education program, the program shall inform the individual that a criminal history background check is a prerequisite for licensure as a registered professional nurse or a licensed practical nurse.

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