VOLUME 47, ISSUE 9
June 1, 2015 Rule Proposals
Law and Public Safety
Division of Consumer Affairs State Board of Polysomnography
Proposed Amendment: N.J.A.C. 13:44L-5.4
Unlicensed Practice of Polysomnography; Exemptions
Authorized By: State Board of Polysomnography, Dorcas O'Neal, Executive Director.
Authority: N.J.S.A. 45:14G-3 and 45:14G-7.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2015-056.
Submit comments by July 31, 2015, to:
Dorcas O'Neal, Executive Director
New Jersey State Board of Polysomnography
124 Halsey Street
PO Box 45051
Newark, NJ 07101
[page=1241] The agency proposal follows:
Summary
The State Board of Polysomnography (Board) is proposing to amend N.J.A.C. 13:44L-5.4(g) to resolve an inconsistency between the existing rule and N.J.S.A. 45:14G-3 to clarify that polysomnographic technicians may read or analyze the data obtained from home-based unattended self-administered diagnostic sleep tests. N.J.S.A. 45:14G-3 exempts from the definition of polysomnography "home-based unattended self-administered diagnostic tests, provided that any test results are read and analyzed by a licensed polysomnographic technologist or polysomnographic technician or licensed physician."
N.J.A.C. 13:44L-5.4(e) provides that an unattended diagnostic test is not considered to be the unlicensed practice of polysomnography, so long as: (1) the test is performed in a patient's home; (2) the patient places any sensors on him or herself; and (3) the test is performed using three or fewer channels of data. N.J.A.C. 13:44L-5.4(g) requires any diagnostic test performed pursuant to N.J.A.C. 13:44L-5.4(e) be read or analyzed by a licensed polysomnographic technologist or a licensed physician. Because the statute permits polysomnographic technicians to read and analyze unattended diagnostic tests but the rule does not, the Board is proposing to amend N.J.A.C. 13:44L-5.4(g) to resolve this inconsistency. The Board proposes to include polysomnographic technicians among the professionals who are permitted to read or analyze the data obtained from home-based unattended self-administered diagnostic tests.
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 believes that the proposed amendment will have a positive social impact because it will resolve an inconsistency between the rule and the statute and clarify that technicians may read and analyze home-based unattended self-administered diagnostic sleep tests.
Economic Impact
The Board believes that the proposed amendment may reduce the cost of care to the extent that providers of these tests will now know that they may hire technicians, as well as technologists and licensed physicians, to read or analyze the data obtained from home-based unattended self-administered diagnostic tests.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:14G-1 et seq., and is not subject to any Federal requirements or standards.
Jobs Impact
The Board does not believe that the proposed amendment will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The proposed amendment will have no impact on the agriculture industry in the State.
Regulatory Flexibility Statement
Since the approximately 284 polysomnographic technicians 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 amendment does not impose any new reporting, recordkeeping, or compliance requirements. Therefore, no regulatory flexibility analysis is required.
Housing Affordability Impact Analysis
The proposed amendment 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 cost associated with housing because the proposed amendment resolves an inconsistency between the statute and the existing rule to clarify that polysomnographic technicians may read and analyze home-based unattended self-administered diagnostic sleep tests.
Smart Growth Development Impact Analysis
The proposed amendment 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 amendment resolves an inconsistency between the statute and the existing rule to clarify that polysomnographic technicians may read and analyze home-based unattended self-administered diagnostic sleep tests.
Full text of the proposal follows (additions indicated in boldface
thus):
SUBCHAPTER 5. PRACTICE REQUIREMENTS
13:44L-5.4 Unlicensed practice of polysomnography; exemptions
(a)-(f) (No change.)
(g) The result from a diagnostic test that is exempt from this chapter pursuant to (e) above shall be read or analyzed by a licensed polysomnographic technologist, polysomnographic technician, or a licensed physician. |
