51 N.J.R. 944(a)

VOLUME 51, ISSUE 12, JUNE 17, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 944(a)
NJ - New Jersey Register  >  2019  >  JUNE  >  JUNE 17, 2019  >  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 > AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:44C-7.2A
Text

Physician Present During Licensed Speech-Language Pathologist Performing Fiber Optic Endoscopic Examination of Swallowing

Authorized By: Paul R. Rodriguez, Acting Director, Division of Consumer Affairs.

Authority: N.J.S.A. 45:3B-24.

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

Proposal Number: PRN 2019-083.

Submit written comments by August 16, 2019, to:

   Renee Clark, Executive Director
   Audiology and Speech-Language Pathology Advisory Committee
   Division of Consumer Affairs
   124 Halsey Street
   PO Box 45002
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

N.J.A.C. 13:44C-7.2A authorizes trained, licensed speech-language pathologists to perform Fiber Optic Endoscopic Examination of Swallowing (FEES). The rule requires that a physician who received training during residency in endoscopic examination be present whenever a licensed speech-language pathologist performs FEES. The Audiology and Speech-Language Pathology Advisory Committee (Committee) received a letter requesting that licensed speech-language pathologists be permitted to perform FEES when physicians who complete training in endoscopic examination post-residency are present. The letter contended that physicians who complete post-residency training in endoscopic examination have the same capabilities in endoscopic examinations as those who completed such training during residency. The Committee agrees with this letter and the Director of the Division of Consumer Affairs (Director) proposes to amend N.J.A.C. 13:44C-7.2A, so that a licensed speech-language pathologist could perform FEES when a physician who completed training in endoscopic examinations during post-residency is present. The Director also proposes to amend N.J.A.C. 13:44C-7.2A to use the correct name for the Department of Health.
The Director 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 proposed amendment would make it easier for licensed speech-language pathologists to perform FEES. As these licensees can only perform FEES in the presence of physicians who have training in endoscopic examination, allowing this training to occur post-residency will increase the number of physicians who can be present during FEES and increase the ability of licensed speech-language pathologists to provide FEES.

Economic Impact

The Director does not anticipate that the rulemaking will have any economic impact.

Federal Standards Statement

A Federal standards statement is not required because there are no Federal standards or requirements applicable to the rulemaking.

Jobs Impact

The rulemaking will not increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Director does not believe that the proposed amendment will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Since the holders of speech-language pathology licenses are individually licensed by the Committee, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The rulemaking will not have any economic impact and the Director does not believe that licensees will need to employ professional services in order to comply with this rulemaking. The proposed amendment does not impose any reporting or recordkeeping requirements but does impose compliance requirements as detailed in the Summary above.
The Director believes that the rulemaking protects the health, safety, and welfare of individuals receiving FEES performed by licensed speech-language pathologists. As the rulemaking protects public health, safety, and welfare, it should be applied uniformly to all licensees regardless of the size of the business.

Housing Affordability Impact Analysis

The rulemaking will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns standards for FEES performed by licensed speech-language pathologists.

Smart Growth Development Impact Analysis

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment 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 concerns standards for FEES performed by licensed speech-language pathologists.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Director 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 7.   AUTHORIZED PRACTICE

13:44C-7.2A    Scope of Practice: Fiber Optic Endoscopic Examination of Swallowing (FEES)

(a)-(c) (No change.)

(d) A licensed speech-language pathologist shall only perform FEES in a healthcare facility licensed by the Department of Health [and Senior Services] or in the office of a physician who received training during residency or post-residency in endoscopic examination.

(e) FEES shall only be performed when a physician who received training during residency or post-residency in endoscopic examination is present.

(f) (No change.)