Licensing Examination Requirements for Certified Shorthand Reporters.
Purpose:
To permit the department to accept a passing score on an exam determined by the State board to be acceptable for licensure.
Text of proposed rule:
Section 71.3 of the Regulations of the Commissioner of Education is amended, effective July 27, 2016, as follows:
Section 71.3 Licensing examinations.
[(a) Content. The examination shall consist of five parts:
(1) Transcription test. Candidates will be required to write, from dictation, in manual shorthand or on a shorthand writing machine, such court proceedings as may be selected by the State Board for Certified Shorthand Reporting for seven minutes, at speeds varying from 175 to 225 words a minute and to transcribe all or a portion of such dictation.
(2) Oral test. Candidates will be required to read aloud, within a specified time, such portion of such dictated matter as the examiners may specify.
(3) Medical reporting test. Candidates will be required to write, from dictation, court testimony on a medical subject given at a rate of 175 words a minute for five minutes and to transcribe all or a portion of such dictation. Candidates may use a medical dictionary for assistance in this test.
(4) Legal terminology and procedure test. Written questions will be asked on legal terminology and procedures, rules of evidence and court structure.
(5) English test. Written questions will be asked about grammar, word usage, vocabulary and punctuation.
(b) Passing score. To qualify for licensure, a candidate shall pass all parts of the examination. The passing score shall be 95.0 for the transcription test, the oral test and the medical reporting test. The passing score shall be 75.0 on the legal and English tests. Candidates will be rated on the accuracy of the transcription, on their speed and accuracy in reading notes orally, and on the spelling, punctuation and arrangement of the transcripts. Candidates shall pass the transcription and oral tests at a single examination before the other tests will be scored.
(c) Retention of credit. A candidate who passes both the transcription and oral tests at a single examination shall retain credit for those tests and any other parts passed at that examination or at subsequent examinations.
(d) Creation of transcript. Transcripts created during the examination shall be on paper 8 1/2 inches by 11 inches and all transcripts shall be double-spaced. Candidates may write shorthand with either pen or pencil, or may use shorthand writing machines, and shall transcribe their shorthand notes on a typewriter or on transcription equipment which is acceptable to the State Board for Certified Shorthand Reporting based upon a determination that such transcription equipment uses technology and/or software in common usage in the practice as a certified shorthand reporter and would not provide the candidate with an unfair advantage over other candidates who would use during the examination transcription equipment that uses technology and/or software in common usage in the practice as a certified shorthand reporter. Transcription of shorthand notes in longhand shall be acceptable only in the event that a candidate’s transcription equipment fails or malfunctions during the administration of the examination.
(e) Materials. Candidates shall be responsible for bringing to the examination materials that they plan to use during the examination, which shall include any of the following materials: notepaper or notebooks, stationery, medical dictionary, shorthand writing machines, pens, pencils, typewriters and transcription equipment.]
The department may accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Office of the Professions, Office of the Deputy Commissioner, State Education Department, State Education Building 2M, 89 Washington Ave., Albany, NY 12234, (518) 486-1765, email: opdepcom@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.
Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.
Section 7501 of the Education Law defines the practice of certified shorthand reporting.
Subdivision (1) of section 7504 of the Education Law authorizes the Commissioner of Education to promulgate regulations to establish the examination requirements for certified shorthand reporter licensure.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative intent of the aforementioned statutes that the Board of Regents and the Department to regulate the admission to and practice of the professions, including examination requirements for licensure.
The proposed amendment to section 71.3 of the Regulations of the Commissioner of Education will permit the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
Currently, in order to become licensed as a certified shorthand reporter in New York State, a candidate must pass a five part licensing examination. Pursuant to subdivision (a) of section 71.3 of the Regulations of the Commissioner of Education, such examination consists of: (1) a transcription test which requires candidates to write from dictation, in shorthand, selected court proceedings for seven minutes and to transcribe all or a portion of such dictation; (2) an oral test which requires candidates to read aloud a portion of such dictated matter; (3) a medical reporting test which requires candidates to write from dictation, court testimony on a medical subject for five minutes and to transcribe all or a portion of such dictation; (4) a legal terminology and procedure test which includes written questions on legal terminology and procedures, rules of evidence and court structure; and (5) an English test which includes written questions about grammar, word usage, vocabulary and punctuation.
Due to Department resource issues, the examination has not kept pace with the technology available to the shorthand reporting profession. For example, the examination requires that a printed transcript be presented, while most shorthand reporters record their transcripts electronically and then submit them in an electronic format. Additionally, the lack of candidates for licensure in this profession has resulted in a significant strain on Department resources to annually create and administer a paper examination that is outmoded and no longer reflects the current practices of the profession. The Department has issued a total of 18 certified shorthand reporting licenses since 2011 as follows; 2011 – 8; 2012 – 4; 2013 – 4; and 2014 – 2. In 2015, the Department held the examination for one candidate but no licenses were issued that year. It should be noted that this is a title only profession and does not have a protected scope of practice. Anyone, including those without the certified shorthand reporter (CSR) designation, may practice shorthand reporting. A certified shorthand reporting license is not required to practice this profession in New York State.
Based on the foregoing, the Department has determined that it is no longer cost effective for it to create and administer the licensing examination for applicants for licensure as certified shorthand reporters.
The proposed amendment to section 71.3 of the Regulations of the Commissioner of Education addresses the aforementioned situation by removing the Department created and administered five part licensing examination requirement and replacing it with language that permits the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
The State Board for Certified Shorthand Reporting has recommended to the Department that the Registered Professional Reporter (RPR) examination offered and conducted by the National Court Reporters Association (NCRA) be accepted as meeting the examination requirements for licensure as a certified shorthand reporter. The RPR examination consists of two parts: (1) a written knowledge test that consists of questions in the areas of technology, reporting practices and professional practices; and (2) a skills test which evaluates skills in the areas of literary, jury charge and testimony/ questions and answers. The format of the current examination prepared by the Department is different than the format of the RPR examination; however, the testing content areas are comparable.
Additionally, unlike the examination created and administered by the Department, which is only offered once a year, the RPR examination is held throughout the year and offers more opportunity for the applicants to meet the examination requirement for licensure. Without the acceptance of the RPR examination, applicants will not be able to satisfy the examination requirement for licensure. Since the RPR examination is nationally recognized, an increase in the number of applicants for licensure is anticipated.
3. NEEDS AND BENEFITS:
The purpose of the proposed amendment to section 71.3 of the Regulations of the Commissioner of Education is to address the aforementioned situation and confer benefits as discussed in the Legislative Objectives section by removing the Department created and administered five part licensing examination requirement and replacing it with language that permits the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
4. COSTS:
The proposed amendment eliminates the Department created and administered five part licensure examination and replaces it with language that permits the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting (State Board) to be acceptable for licensure as a certified shorthand reporter. It imposes no costs on the State or any local governments or the regulatory agency, but applicants will be required to pay the examination costs for any examination that the State has determined to be acceptable for licensure purposes.
(a) Costs to State government. There are no additional costs to State government.
(b) Costs to local government. There are no additional costs to local government.
(c) Costs to private regulated parties. Applicants seeking licensure in New York State as certified shorthand reporters will be required to pay the examination costs for any examination that State Board has determined to be acceptable for licensure purposes. Currently, applicants for licensure are required to pay an examination fee of $65 for the Department created and administered certified shorthand reporting licensure examination. As referenced above, the State Board has identified the RPR examination as an acceptable examination for licensure as a certified shorthand reporter. Presently, the total RPR examination costs are as follows: (1) $367.50 for NCRA student members; (2) $455 for NCRA reporter members; and $555 for non-NCRA members.
(d) Costs to the regulatory agency. There are no additional costs to the State Education Department. In fact, the State Education Department will no longer incur the expense of creating and administering the certified shorthand reporting licensure examination.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty, or responsibility upon local governments.
6. PAPERWORK:
A Certification of Examination Grades form will be created by the Department specifically for NCRA to certify the examination scores. This form will be filed with the existing application paperwork and will require no additional recordkeeping responsibilities associated with the proposed amendment.
7. DUPLICATION:
The proposed amendment does not duplicate any other existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment arose out of the lack of resources within the Department to continue creating and administering the certified shorthand reporting licensure examination. Additionally, as discussed above, the lack of candidates for licensure in this profession has resulted in a significant strain on Department resources to annually create and administer a paper examination that is outmoded and no longer reflects the current practices of the profession. There are no significant alternatives to the proposed amendment and none were considered.
9. FEDERAL STANDARDS:
No Federal standards apply to the subject matter of this rule making. The Federal government does not regulate the examination requirements for candidates for certified shorthand reporting licensure in New York State. Since there are no applicable federal standards, the proposed amendment does not exceed any minimum federal standards for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
If adopted at the July 2016 Regents meeting, the proposed amendment will become effective July 27, 2016. It is anticipated that regulated parties will be able to comply with the proposed amendments by the effective date.
Regulatory Flexibility Analysis
Currently, in order to become licensed as a certified shorthand reporter in New York State, a candidate must pass a five part licensing examination. Pursuant to subdivision (a) of section 71.3 of the Regulations of the Commissioner of Education, such examination consists of: (1) a transcription test which requires candidates to write from dictation, in shorthand, selected court proceedings for seven minutes and to transcribe all or a portion of such dictation; (2) an oral test which requires candidates to read aloud a portion of such dictated matter; (3) a medical reporting test which requires candidates to write from dictation, court testimony on a medical subject for five minutes and to transcribe all or a portion of such dictation; (4) a legal terminology and procedure test which includes written questions on legal terminology and procedures, rules of evidence and court structure; and (5) an English test which includes written questions about grammar, word usage, vocabulary and punctuation. The examination is created by the State Board for Certified Shorthand Reporters and the Office of Professions’ testing manager.
Due to Department resource issues, the examination has not kept pace with the technology available to the shorthand reporting profession. For example, the examination requires that a printed transcript be presented, while most shorthand reporters record their transcripts electronically and then submit them in an electronic format. Additionally, the lack of candidates for licensure in this profession has resulted in a significant strain on Department resources to annually create and administer a paper examination that is outmoded and no longer reflects the current practices of the profession. The Department has issued a total of 18 certified shorthand reporting licenses since 2011 as follows; 2011 – 8; 2012 – 4; 2013 – 4; and 2014 – 2. In 2015, the Department held the examination for one candidate but no licenses were issued that year. It should be noted that this is a title only profession and does not have a protected scope of practice. Anyone, including those without the certified shorthand reporter (CSR) designation may practice shorthand reporting. A certified shorthand reporting license is not required to practice this profession in New York State.
Based on the foregoing, the Department has determined that it is no longer cost effective for it to create and administer the licensing examination for applicants for licensure as certified shorthand reporters.
The proposed amendment to section 71.3 of the Regulations of the Commissioner of Education addresses the aforementioned situation by removing the Department created and administered five part licensing examination requirement and replacing it with language that permits the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
The State Board for Certified Shorthand Reporting has recommended to the Department that the Registered Professional Reporter (RPR) examination offered and conducted by the National Court Reporters Association (NCRA) be accepted as meeting the examination requirements for licensure as a certified shorthand reporter. The RPR examination consists of two parts: (1) a written knowledge test that consists of questions in the areas of technology, reporting practices and professional practices; and (2) a skills test which evaluates skills in the areas of literary, jury charge and testimony/ questions and answers. The format of the current examination prepared by the Department is different than the format of the RPR examination; however, the testing content areas are comparable.
The proposed amendment is applicable to candidates for certified shorthand reporting licensure only. The proposed amendment will not affect small business or local governments in New York State. The proposed amendment will not impose any new reporting, recordkeeping, or any other compliance requirements, or have an adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.
Rural Area Flexibility Analysis
Currently, in order to become licensed as a certified shorthand reporter in New York State, a candidate must pass a five part licensing examination. Pursuant to subdivision (a) of section 71.3 of the Regulations of the Commissioner of Education, such examination consists of: (1) a transcription test which requires candidates to write from dictation, in shorthand, selected court proceedings for seven minutes and to transcribe all or a portion of such dictation; (2) an oral test which requires candidates to read aloud a portion of such dictated matter; (3) a medical reporting test which requires candidates to write from dictation, court testimony on a medical subject for five minutes and to transcribe all or a portion of such dictation; (4) a legal terminology and procedure test which includes written questions on legal terminology and procedures, rules of evidence and court structure; and (5) an English test which includes written questions about grammar, word usage, vocabulary and punctuation. The examination is created by the State Board for Certified Shorthand Reporters and the Office of Professions’ testing manager.
Due to Department resource issues, the examination has not kept pace with the technology available to the shorthand reporting profession. For example, the examination requires that a printed transcript be presented, while most shorthand reporters record their transcripts electronically and then submit them in an electronic format. Additionally, the lack of candidates for licensure in this profession has resulted in a significant strain on Department resources to annually create and administer a paper examination that is outmoded and no longer reflects the current practices of the profession. The Department has issued a total of 18 certified shorthand reporting licenses since 2011 as follows; 2011 – 8; 2012 – 4; 2013 – 4; and 2014 – 2. In 2015, the Department held the examination for one candidate but no licenses were issued that year. It should be noted that this is a title only profession and does not have a protected scope of practice. Anyone, including those without the certified shorthand reporter (CSR) designation may practice shorthand reporting. A certified shorthand reporting license is not required to practice this profession in New York State.
Based on the foregoing, the Department has determined that it is no longer cost effective for it to create and administer the licensing examination for applicants for licensure as certified shorthand reporters.
The proposed amendment to section 71.3 of the Regulations of the Commissioner of Education addresses the aforementioned situation by removing the Department created and administered five part licensing examination requirement and replacing it with language that permits the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
The State Board for Certified Shorthand Reporting has recommended to the Department that the Registered Professional Reporter (RPR) examination offered and conducted by the National Court Reporters Association (NCRA) be accepted as meeting the examination requirements for licensure as a certified shorthand reporter. The RPR examination consists of two parts: (1) a written knowledge test that consists of questions in the areas of technology, reporting practices and professional practices; and (2) a skills test which evaluates skills in the areas of literary, jury charge and testimony/ questions and answers. The format of the current examination prepared by the Department is different than the format of the RPR examination; however, the testing content areas are comparable.
Additionally, unlike the Department created and administered examination, which is only offered once a year, the RPR examination is held throughout the year and offers more opportunity for the applicants to meet the examination requirement for licensure. Without the acceptance of the RPR examination, applicants will not be able to satisfy the examination requirement for licensure. Since the RPR examination is nationally recognized, an increase in the number of applicants for licensure is anticipated.
The proposed amendment is applicable only to candidates for licensure as certified shorthand reporters in New York State and does not impact entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural area flexibility analysis is not required, and one has not been prepared.
Job Impact Statement
Currently, in order to become licensed as a certified shorthand reporter in New York State, a candidate must pass a five part licensing examination. Pursuant to subdivision (a) of section 71.3 of the Regulations of the Commissioner of Education, such examination consists of: (1) a transcription test which requires candidates to write from dictation, in shorthand, selected court proceedings for seven minutes and to transcribe all or a portion of such dictation; (2) an oral test which requires candidates to read aloud a portion of such dictated matter; (3) a medical reporting test which requires candidates to write from dictation, court testimony on a medical subject for five minutes and to transcribe all or a portion of such dictation; (4) a legal terminology and procedure test which includes written questions on legal terminology and procedures, rules of evidence and court structure; and (5) an English test which includes written questions about grammar, word usage, vocabulary and punctuation. The examination is created by the State Board for Certified Shorthand Reporters and the Office of Professions’ testing manager.
Due to Department resource issues, the examination has not kept pace with the technology available to the shorthand reporting profession. For example, the examination requires that a printed transcript be presented, while most shorthand reporters record their transcripts electronically and then submit them in an electronic format. Additionally, the lack of candidates for licensure in this profession has resulted in a significant strain on Department resources to annually create and administer a paper examination that is outmoded and no longer reflects the current practices of the profession. The Department has issued a total of 18 certified shorthand reporting licenses since 2011 as follows; 2011 – 8; 2012 – 4; 2013 – 4; and 2014 – 2. In 2015, the Department held the examination for one candidate but no licenses were issued that year. It should be noted that this is a title only profession and does not have a protected scope of practice. Anyone, including those without the certified shorthand reporter (CSR) designation may practice shorthand reporting. A certified shorthand reporting license is not required to practice this profession in New York State.
Based on the foregoing, the Department has determined that it is no longer cost effective for it to create and administer the licensing examination for applicants for licensure as certified shorthand reporters.
The proposed amendment to section 71.3 of the Regulations of the Commissioner of Education addresses the aforementioned situation by removing the Department created and administered five part licensing examination requirement and replacing it with language that permits the Department to accept a passing score on an examination determined by the State Board for Certified Shorthand Reporting to be acceptable for licensure as a certified shorthand reporter.
The State Board for Certified Shorthand Reporting has recommended to the Department that the Registered Professional Reporter (RPR) examination offered and conducted by the National Court Reporters Association (NCRA) be accepted as meeting the examination requirements for licensure as a certified shorthand reporter. The RPR examination consists of two parts: (1) a written knowledge test that consists of questions in the areas of technology, reporting practices and professional practices; and (2) a skills test which evaluates skills in the areas of literary, jury charge and testimony/ questions and answers. The format of the current examination prepared by the Department is different than the format of the RPR examination; however, the testing content areas are comparable.
Additionally, unlike the Department created and administered examination, which is only offered once a year, the RPR examination is held throughout the year and offers more opportunity for the applicants to meet the examination requirement for licensure. Without the acceptance of the RPR examination, applicants will not be able to satisfy the examination requirement for licensure. Since the RPR examination is nationally recognized, an increase in the number of applicants for licensure is anticipated.
The amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, or have only a positive impact, no affirmative steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one was not prepared.
