50 N.J.R. 1987(a)

VOLUME 50, ISSUE, SEPTEMBER 17, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 1987(a)
NJ - New Jersey Register  >  2018  >  SEPTEMBER  >  SEPTEMBER 17, 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

Proposed Amendment: N.J.A.C. 13:37A-2.1

Text

Application for Licensure
Authorized By: State Board of Massage and Bodywork Therapy, ToniAnn Petrella-Diaz, Acting Executive Director.

Authority: N.J.S.A. 45:11-67 and P.L. 2017, c. 56.

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

Proposal Number: PRN 2018-084.

Submit written comments by November 16, 2018, to:

   ToniAnn Petrella-Diaz, Acting Executive Director
   State Board of Massage and Bodywork Therapy
   Division of Consumer Affairs
   124 Halsey Street
   PO Box 47032
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

Previously, N.J.S.A. 45:11-60 permitted an applicant for licensure as a massage and bodywork therapist to qualify for licensure either by completing a course of study of at least 500 hours or by passing a written examination approved by the State Board of Massage and Bodywork Therapy (Board). P.L. 2017, c. 56 amended N.J.S.A. 45:11-60 to require that applicants for licensure complete both the course of study and pass the written examination. The Board proposes to amend N.J.A.C. 13:37A-2.1 to effectuate P.L. 2017, c. 56. The proposed amendments require applicants to complete a course of study of at least 500 hours in massage and bodywork therapies and to pass a written examination. Proposed amendments to subsection (b) require applicants to submit proof that they have passed a Board-approved written examination. Existing subsection (c) sets forth application requirements for individuals who qualify for licensure solely by passing an examination. The Board proposes to delete this subsection, as an individual can no longer qualify for licensure solely by passing a written examination.

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 is excepted from the rulemaking calendar requirement.

Social Impact

The Board anticipates that the proposed amendments will have a beneficial impact on individuals who receive services from licensed massage and bodywork therapists in that licensees will be better prepared to provide services due to completing a course of study in massage and bodywork therapy and passing a written examination in such therapies.

Economic Impact

The proposed amendments will have an economic impact on individuals who apply for licensure as massage and bodywork therapists. Currently, applicants are required to complete either a course of study in massage and bodywork therapy or to pass a written examination. The proposed amendments will require applicants to complete both the course of study and the examination. This will increase costs for applicants as they will now be required to pay for both an education and the examination.

Federal Standards Statement

A Federal standards statement is not required because there are no Federal standards or requirements applicable to the subject matter of the proposed amendments.

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 Statement

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the rulemaking will apply. A regulatory flexibility analysis is not required because the proposed amendments only apply to applicants for licensure who cannot be considered "small businesses" because they do not yet have a license to practice massage and bodywork therapy.

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 rule would evoke a change in the average costs associated with housing because the proposed amendments concern [page=1988] application requirements for licensure as massage and bodywork therapists.

Smart Growth Development Impact Analysis

The proposed amendments 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 amendments concern application requirements for licensure as massage and bodywork therapists.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.

Regulations

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

SUBCHAPTER 2.    LICENSURE

13:37A-2.1   Application for licensure

(a) An applicant for licensure shall qualify for licensure by [either]:

1. Successfully completing a course of study of at least 500 hours in massage and bodywork therapies; [or] and

2. (No change.)

(b) An individual who applies for a license [under (a)1 above] shall submit to the Board:

1. (No change.)

2. An official transcript, which indicates that the applicant has completed an associate degree in massage and bodywork or a course of study outlined in [(d)] (c) below from a school accredited or approved by:

i.-iv. (No change.)

3.Proof that the applicant has successfully passed the written examination offered by the FSMTB, NCBTMB, or NCCAOM;

Recodify existing 3.-5. as 4.-6. (No change in text.)

[(c) An individual who applies for a license under (a)2 above shall submit to the Board:

1. A completed application;

2. Proof that the applicant has successfully passed the written examination offered by the FSMTB, NCBTMB, or NCCAOM;

3. A completed Criminal History Certification of Authorization form;

4.  Proof that the applicant has current certification in CPR, Firstaid, and use of an automated external defibrillator (AED) from courses offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.; and

5. The application fee set forth in N.J.A.C. 13:37A-7.1.]

[(d)] (c) (No change in text.)

[(e)] (d) For purposes of [(d)]

(c) above, one credit in a course taken in a college or university shall constitute 15 hours of course study.

[(f)] (e) Hours completed during one area of a course of study in massage and bodywork therapy shall not be counted towards completion of another area of that course. For example, one hour spent performing massage, bodywork, and somatic therapy that is completed as part of theory and practice pursuant to [(d)3] (c)3 above shall not be counted towards the 100 hours of clinical practice required by [(d)5] (c)5 above.

[(g)] (f) The Board shall issue a license to an applicant who qualifies pursuant to [(a)1 or 2] (a) above if the applicant is not disqualified for licensure pursuant to the provisions of N.J.S.A. 45:1-14 et seq.