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VOLUME 46, ISSUE 20
ISSUE DATE: October 20, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey State Board of Respiratory Care



Proposed New Rule: N.J.A.C. 13:44F-4.4

Credit Towards Licensure for Education, Training, and Experience Received While Serving as a Member of the Armed Forces
 
Authorized By: New Jersey State Board of Respiratory Care, Dorcas O'Neal, Executive Director.
 
Authority: N.J.S.A. 45:1-15 and 45:14E-4.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-187.
 
Submit comments by December 19, 2014, to:
 
   Dorcas O'Neal Executive Director
   New Jersey State Board of Respiratory Care
   124 Halsey Street
   P.O. Box 45031
   Newark, New Jersey 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment.
 
The agency proposal follows:
 
Summary

The State Board of Respiratory Care (Board) is proposing to add a new rule to N.J.A.C. 13:44F to implement P.L. 2013, c. 49 (the Act), which mandates that a professional or occupational board designated in section 2 of P.L. 1978, c. 73 (N.J.S.A. 45:1-15) that issue a professional or occupational license, certificate of registration, or certificate for which professional training, education, or experience is required, give credit towards its requirements for licensure or certification for any portion of the training, education, and experience received while serving as a member of the Armed Forces of the United States (Armed Forces) that is substantially equivalent to the training, education, or experience required for licensure or certification.

Proposed new N.J.A.C. 13:44F-4.4(a) would permit an applicant for a respiratory care license who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:44F-4.1, to apply to the Board for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:44F-4.4(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Board for licensure. Proposed new N.J.A.C. 13:44F-4.4(b)2i would require the applicant to submit verification of his or her military experience and training to the Board for determining substantial equivalence to the Board's experience requirements.

Proposed new N.J.A.C. 13:44F-4.4(b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to a Committee on Accreditation for Respiratory Care-accredited program.

Proposed new N.J.A.C. 13:44F-4.4(b)3 would require that the applicant comply with all other requirements for licensure, including successful completion of the examination requirement.

Under proposed new N.J.A.C. 13:44F-4.4(c) the applicant would be responsible for providing timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration. If all of the applicant's military training, education, or experience is not deemed substantially equivalent to the Board's requirements, N.J.A.C. 13:44F-4.4(d) would require the Board, as appropriate, to credit whatever portion of the applicant's military training, education, or experience it deems to be substantially equivalent towards meeting the requirements of licensure. Additionally, proposed new N.J.A.C. 13:44F-4.4(e) provides that evidence of such education, training, or experience will be assessed on a case-by-case basis.

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.
 
Social Impact

The Board has determined that the proposed new rule would help New Jersey veterans transition from military to civilian life. New Jersey veterans who have received relevant training, education, and experience while in the military would be able to have that training, education, and experience evaluated for substantial equivalence to Board requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent would be credited towards the requirements for licensure or certification, as appropriate. This procedure would create an efficient process for licensing or certifying veterans in professional careers who have received valuable education and work skills while in the military, benefitting veterans as noted in the Economic Impact statement below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed new rule would have no adverse effect on public health, safety, or welfare.
 
Economic Impact

The Board believes that the proposed new rule may have a positive economic impact on New Jersey veterans. Crediting substantially [page=2097] equivalent education received in the military towards the requirements for licensure and certification may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure or certification. Obtaining licensure may translate into landing higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.
 
Federal Standards Statement

A Federal standards analysis is not required because the proposed new rule is governed by P.L. 2013, c. 49, and N.J.S.A. 45:14E-4, and is not subject to any Federal requirements or standards.
 
Jobs Impact

The Board does not believe that the proposed new rule will result in the creation or loss of jobs in the State, other than as discussed in the Economic Impact above.
 
Agriculture Industry Impact

The proposed new rule will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Statement

The Regulatory Flexibility 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 new rule will apply. A regulatory flexibility analysis is not required because the proposed new rule only applies to applicants for licensure or certification who are not considered small businesses because they do not yet have a license to practice respiratory care.
 
Housing Affordability Impact Analysis

The proposed new rule 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 new rule requires the Board to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure.
 
Smart Growth Development Impact Analysis

The proposed new rule 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 new rule requires the Board to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure.
 
Full text of the proposed new rule follows:
 
13:44F-4.4   Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:44F-4.1 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
 
(b) The Board shall issue a license to the applicant if the applicant presents evidence to the Board that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant has received in the military, together with any training, experience, and education obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:44F-4.1.
 
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military that are not part of a training program accredited by the Committee on Accreditation for Respiratory Care or its successor shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the educational requirements under N.J.A.C. 13:44F-4.1. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of respiratory care that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
 
3. The applicant complies with all other requirements for licensure, including successful completion of the National Board for Respiratory Care Entry Level Examination as set forth in N.J.A.C. 13:44F-4.1 and 4.2.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education, or experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:44F-4.1 for the issuance of the license.
 
(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.

 

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

PRN 2014-187

Comments:

       
   
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