50 N.J.R. 1249(a)

VOLUME 50, ISSUE 10, MAY 21, 2018

RULE PROPOSALS

NJ - New Jersey Register  >  2018  >  MAY  >  MAY 21, 2018  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS

Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.

At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.

Agency

LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:44H-2.1, 2.2, and 3.5

Text

Scope of Orthotist Practice; Orthotist Assistant; Scope of Prosthetist Practice; Prosthetist Assistant; Licensure as a Prosthetist Assistant, Orthotist Assistant, or Prosthetist-Orthotist Assistant

Authorized By: Orthotics and Prosthetics Board of Examiners, ToniAnn Petrella-Diaz, Acting Executive Director.

Authority: N.J.S.A. 45:12B-26.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2018-042.

Submit written comments by July 20, 2018, to:

   ToniAnn Petrella-Diaz, Acting Executive Director

   Orthotics and Prosthetics Board of Examiners

   PO Box 45034

   124 Halsey Street

   Newark, New Jersey 07101

   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.

The agency proposal follows:

Summary

N.J.A.C. 13:44H-2.1(b) and 2.2(b) set forth the scope of practice for licensed orthotist assistants and licensed prosthetist assistants. The rules set forth a list of tasks that assistants may perform. This list of tasks does not correspond to the scope of practice for licensed assistants established by the American Board for Certification in Orthotics and Prosthetics, which provides the licensing examination for assistants. The Orthotics and Prosthetics Board of Examiners (Board) proposes to amend N.J.A.C. 13:44H-2.1 and 2.2, so that the scope of practice for licensed orthotist assistants and licensed prosthetist assistants reflects the standards from the American Board for Certification in Orthotics and Prosthetics. Licensed assistants would be prohibited from providing an initial evaluation of a patient, developing or modifying an orthotic treatment or prosthetic treatment plan, or providing the final fitting of an orthotic or prosthetic appliance.

The Board also proposes to amend N.J.A.C. 13:44H-2.1 and 2.2, so that the scope of practice of licensed orthotists and licensed prothetists will include the development and implementation of an orthotic treatment plan or a prosthetic treatment plan. Such plans include the measuring, designing, constructing, assembling, fitting, adjusting, and servicing of orthotic appliances or prosthetic appliances.

The Board proposes to amend N.J.A.C. 13:44H-3.5 to recognize that the examination for an assistant license is provided by the American Board for Certification in Orthotics and Prosthetics. N.J.A.C. 13:44H-3.5 sets forth the educational requirements for licensure as an assistant. The Board proposes to amend the rule to require that, as part of this education, applicants complete courses in human anatomy, medical terminology, and general/fundamental physics from an accredited college or university. These courses are prerequisites to take the American Board for Certification in Orthotics and Prosthetics Assistant licensing examination.

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 national standard for licensed orthotist assistants and licensed prosthetist assistants practice is more extensive than the scope of practice currently provided for in the Board's rules. The proposed amendments recognize that it is appropriate for assistants to provide expanded services. This will benefit licensed assistants and the patients who receive orthotic or prosthetic services.

Economic Impact

The proposed amendments may have an economic benefit on licensed orthotists and prosthetists in that the proposed amendments will recognize that they may utilize licensed assistants for an increased range of orthotic or prosthetic services. The proposed amendments may also have an economic benefit for licensed assistants who may provide additional services.

The proposed amendments require applicants for licensure as orthotists and prosthetists assistants to take specific courses and this requirement will impose costs on applicants, in that they will have to pay to take such courses at colleges and universities.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.

Jobs Impact

The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The proposed amendments will not have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Since licensed orthotist assistants and licensed prosthetist assistants are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

The proposed amendments will not impose any costs on small businesses and the Board does not believe that licensed orthotist assistants or licensed prosthetist assistants will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any recordkeeping or reporting requirements, but do impose compliance requirements as detailed in the Summary above.

The proposed amendments protect the health, safety, and welfare of patients who receive orthotic and prosthetic services by allowing licensed orthotist assistants and licensed prosthetist assistants to provide the services that they are educated to perform. The Board believes that the proposed amendments must be uniformly applied to all licensed assistants and no exemptions are provided based on the size of a licensed assistant's business.

Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern the scope of practice of licensed orthotist assistants and licensed prosthetist assistants.

Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments 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 amendments concern the scope of practice of licensed orthotist assistants and licensed prosthetist assistants.

Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 2.    SCOPE OF PRACTICE

13:44H-2.1   Scope of orthotist practice; orthotist assistant

(a) The scope of practice of a licensed orthotist shall include patient evaluation for[, and the measuring, designing, constructing, assembling, fitting, adjusting and servicing of,] orthotic appliances or orthoses, which are prescribed by a licensed physician, podiatrist, or dentist for [page=1250] the correction or alleviation of musculoskeletal diseases, injuries, or deformities and the development and implementation of an orthotic treatment plan that includes the measuring, designing, constructing, assembling, fitting, adjusting, and servicing of orthotic appliances or orthoses.

[(b) A licensed orthotist may employ a licensed orthotist assistant for the molding, painting, cutting, mixing, grinding, polishing, sewing, laminating, gluing, screwing, riveting, fastening or vacuum forming of an orthotic appliance or orthosis, which tasks must be performed under the supervision of a licensed orthotist pursuant to N.J.A.C. 13:44H-3.6.]

(b) A licensed orthotist assistant may provide services identified in (a) above under the close supervision of a licensed orthotist pursuant to N.J.A.C. 13:44H-3.6.

(c) A licensed orthotist assistant shall not:

1. Provide the initial evaluation of a patient;

2. Develop or modify an orthotic treatment plan for a patient; or

3. Provide the final fitting of an orthotic appliance or orthoses.

13:44H-2.2   Scope of prosthetist practice; prosthetist assistant

(a) The scope of practice of a licensed prosthetist shall include patient evaluation for[, and the measuring, designing, constructing, assembling, fitting, adjusting and servicing of,] any type of upper and lower extremity prosthetic appliance prescribed by a physician licensed to practice medicine or surgery or a licensed doctor of podiatric medicine and the development and implementation of a prosthetic treatment plan that includes the measuring, designing, constructing, assembling, fitting, adjusting, and servicing of upper and lower extremity prosthetic appliances.

[(b) A licensed prosthetist may employ a prosthetist assistant for the molding, painting, cutting, mixing, grinding, polishing, sewing, laminating, gluing, screwing, riveting, fastening or vacuum forming of any type of upper and lower extremity prosthetic appliance which tasks shall be performed under the supervision of a prosthetist pursuant to N.J.A.C. 13:44H-3.6.]

(b) A licensed prosthetist assistant may provide services identified in (a) above under the close supervision of a licensed prosthetist pursuant to N.J.A.C. 13:44H-3.6.

(c) A licensed prosthetist assistant shall not:

1. Provide the initial evaluation of a patient;

2. Develop or modify a prosthetic treatment plan for a patient; or

3. Provide the final fitting of an upper or lower extremity prosthetic appliance.

SUBCHAPTER 3.    CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS

13:44H-3.5   Licensure as a prosthetist assistant, orthotist assistant, or prosthetist-orthotist assistant

(a) An applicant for licensure as a prosthetist assistant, orthotist assistant, or prosthetist-orthotist assistant shall submit to the Board:

1. A completed application form which shall include:

i.-ii. (No change.)

iii. [A certification from the applicant's supervising licensee stating] Proof that the applicant has completed a course of training in orthotics or prosthetics of at least 40 hours for licensure as an orthotist assistant or a prosthetist assistant, or a course of training of at least 80 hours for licensure as a prosthetist-orthotist assistant, which includes a course in human anatomy, a course in medical terminology, and a course in general/fundamental physics from a college or university accredited by a regional or national accrediting agency recognized by the United States Department of Education;

iv. (No change.)

2. Proof that the applicant has passed the [written, oral and practical] American Board for Certification in Orthotics and Prosthetics Assistant examination; and

3. (No change.)