Rule Proposal

​VOLUME 49, ISSUE 16
ISSUE DATE: AUGUST 21, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MEDICAL EXAMINERS

Proposed Amendment: N.J.A.C. 13:35-6.

Proposed Repeals: N.J.A.C. 13:35-5.1, 5.2, and 6.8

Click here to view Interested Persons Statement

Minimum Eye Examination; Contact Lenses; Minimum Standards and Tolerances of Optical Lenses; Delegation of Administration of Subcutaneous and Intramuscular Injections to Certified Medical Assistants; Prescribing, Administering or Dispensing Amygdalin (laetrile)
 
Authorized By: State Board of Medical Examiners, William Roeder, Executive Director.
 
Authority: N.J.S.A. 45:9-2.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-202.
 
Submit written comments by October 20, 2017, to:
 
   William Roeder, Executive Director
   State Board of Medical Examiners
   PO Box 183
   Trenton, New Jersey 08625-0183
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:
 
Summary

Executive Order No. 2 (2010) requires State agencies to: "... identify those regulations and processes that impede responsible economic development as a result of: i) providing insufficient or contradictory guidance (inter and intra-agency) to applicants for permits, thus leading to delay or denial of the permit applications; or ii) exceed legislative intent or federal standards without well-documented cause, thus placing the state at a competitive disadvantage in attracting investment and jobs." The Board of Medical Examiners (Board) has reviewed N.J.A.C. 13:35 and has identified three rules that might be considered as impeding economic development and that are not expressly required by legislation. N.J.A.C. 13:35-5.1 establishes standards for eye examinations. N.J.A.C. 13:35-5.2 establishes standards and tolerances for optical lenses. The Board does not dictate such standards for any other field of practice and it believes that imposing such standards on ophthalmologists is unnecessary, as these doctors should be permitted to exercise their discretion in determining the best practices to follow for their patients. N.J.A.C. 13:35-6.8 establishes standards for the prescription, administration, or dispensing of amygdalin. There is no need to have these standards because there is no particular medical concern with the prescription of amygdalin as there is for other medications, such as steroids, for which the Board has rules on prescriptions. The Board proposes to repeal these three rules.

N.J.A.C. 13:35-6.4 incorrectly identifies the National Healthcare Association (NHA) as an entity that accredits post-secondary medical assisting education programs. The NHA does not accredit such programs; it certifies medical assistants. The Board proposes to amend N.J.A.C. 13:35-6.4 to correct this mistake and to recognize that the American Medical Certification Association (AMCA) and National Association for Health Professionals (NAHP) also certify medical assistants.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The proposed amendment and repeals will benefit society by repealing rules that impede responsible economic development. The proposed repeals of N.J.A.C. 13:35-5.1 and 5.2 will have a positive [page=2746] impact by permitting licensees to exercise their professional discretion in determining the best practices to follow for their individual patients.
 
Economic Impact

The proposed amendment and repeals will have a positive economic impact on licensees by repealing rules that impede responsible economic development.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment or repeals.
 
Jobs Impact

The proposed amendment and repeals will not increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

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

A regulatory flexibility analysis is not required as the proposed amendment and repeals do not impose reporting, recordkeeping, or compliance requirements on small businesses, as defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.
 
Housing Affordability Impact Analysis

The proposed amendment and repeals will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment and repeals would evoke a change in the average costs associated with housing because the proposed amendment and repeals concern the repeal of rules governing eye examinations and the prescription of amygdalin.
 
Smart Growth Development Impact Analysis

The proposed amendment and repeals 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 amendment and repeals concern the repeal of rules governing eye examinations and the prescription of amygdalin.
 
Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:35-5 and 6.8.
 
Full text of the proposed amendment follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 5.              (RESERVED)
 
SUBCHAPTER 6.    GENERAL RULES OF PRACTICE
 
13:35-6.4   Delegation of administration of subcutaneous and intramuscular injections to certified medical assistants
 
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
 
1. (No change.)
 
2. "Certified medical assistant" means a graduate of a post-secondary medical assisting education program accredited by the [National Healthcare Association (NHA), or its successor, The] Committee on Allied Health Education and Accreditation of the American Medical Association (CAHEA), or its successor; Accrediting Bureau of Health Education Schools (ABHES), or its successor; or any accrediting agency recognized by the U.S. Department of Education. The educational program shall include, at a minimum, 600 clock hours of instruction and shall encompass training in the administration of intramuscular and subcutaneous injections and instruction and demonstration in: pertinent anatomy and physiology appropriate to injection procedures; choice of equipment; proper technique including sterile technique; hazards and complications; and emergency procedures. The medical assistant must also maintain current certification from the Certifying Board of the American Association of Medical Assistants (AAMA), the National Center for Competency Testing (NCCT) or registration from the American Medical Technologists (AMT), National Healthcareer Association (NHA), American Medical Certification Association (AMCA), National Association for Health Professionals (NAHP), or any other recognized certifying body approved by the Board.
 
(b)-(d) (No change.)
 
13:35-6.8          (Reserved)