Rule Proposal

​VOLUME 49, ISSUE 15
ISSUE DATE: AUGUST 7, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF MASSAGE AND BODYWORK THERAPY

Proposed Amendment: N.J.A.C. 13:37A-7.1

Click here to view Interested Persons Statement

Fee Schedule
 
Authorized By: New Jersey Board of Massage and Bodywork Therapy, ToniAnn Petrella-Diaz, Executive Director.
 
Authority: N.J.S.A. 45:11-67.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-145.​
 
Submit written comments by October 6, 2017, to:
 
   ToniAnn Petrella-Diaz, Executive Director
   New Jersey Board of Massage and Bodywork Therapy
   Division of Consumer Affairs
   124 Halsey Street
   Post Office Box 47032
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:
Summary

Pursuant to the statutory mandate set forth in N.J.S.A. 45:1-3.2, a professional board's fees must be set at an amount necessary to defray the expenses it incurs in performing its duties, but may not exceed those expenses. A Division of Consumer Affairs fiscal officer recently completed a financial analysis, which revealed that adjustments to the fees charged by the Board of Massage and Bodywork Therapy (Board) are necessary and appropriate to satisfy current and anticipated expense levels and comport with N.J.S.A. 45:1-3.2. The Board proposes amendments to N.J.A.C. 13:37A-7.1 to increase licensure fees from $ 120.00 to $ 240.00, for those obtaining an initial license in the first year of a biennial renewal period and for those renewing licensure, and from $ 60.00 to $ 120.00, for those obtaining an initial license in the second year of a biennial renewal period. The proposed amendments would also increase employer registration fees from $ 150.00 to $ 300.00. The existing fees were adopted in 2004, and are not sufficient to support the Board's operations for the upcoming biennial period.

The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice of proposal is excepted from the rulemaking calendar requirement.
 
Social Impact

The proposed amendments to the fee schedule should produce a positive impact on the public as the fee increase will provide the Board with the appropriate funding to continue the licensure program and to oversee the conduct of the professionals who render massage and bodywork therapy services to the general public.
 
Economic Impact

The proposed amendments will have an economic impact on applicants, licensees, and employers by increasing fees for initial licenses, biennial renewals, and employer registrations. The Board has determined that the proposed fee increases are essential in order for the Board to raise the revenue necessary to continue to discharge its statutory obligation to regulate the massage and bodywork profession. The Board believes that the increases are consistent with the statutory provisions contained in N.J.S.A. 45:1-3.2, which allow the Board to charge licensure fees to defray the expenses it incurs.
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the subject matter of the proposed amendments.
 
[page=2464] Jobs Impact

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

The Board does not believe that the proposed amendments will have any impact on the agriculture industry of the State.
 
Regulatory Flexibility Analysis

Since the holders of massage and bodywork therapy licenses and employers are individually licensed or registered by the Board, under the New Jersey Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The costs imposed by the proposed amendments are the same for all licensees and registrants as outlined above in the Economic Impact. The Board does not believe that licensees or registrants will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting or recordkeeping requirements, but impose compliance requirements upon licensees and registrants.

The proposed fee increases are set at a level sufficient to meet the ongoing costs associated with regulating massage and bodywork therapists and employers. The Board proposes a uniform increase in fees for all licensees and applicants. Therefore, no differing compliance requirements are imposed upon any licensee or employer.
 
Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on the 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 licensing and employer registration fees.
Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and it is extremely unlikely 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 because the proposed amendments concern licensing and employer registration fees.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):