51 N.J.R. 713(a)

VOLUME 51, ISSUE 10, MAY 20, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 713(a)
NJ - New Jersey Register  >  2019  >  MAY  >  MAY 20, 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 > STATE BOARD OF MEDICAL EXAMINERS

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:35-6.15
Text

Continuing Medical Education
Authorized By: State Board of Medical Examiners, William Roeder, Executive Director.
Authority: N.J.S.A. 45:9-2.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-055.

  Submit written comments by July 19, 2019, to:
   William Roeder, Executive Director
   State Board of Medical Examiners
   PO Box 183
   Trenton, New Jersey 08625-0183
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary
P.L. 2010, c. 89 amended N.J.S.A. 45:9-7.1 to grant the Board of Medical Examiners (Board) the authority to recognize volunteer medical services as satisfying up to 10 percent of the continuing education hours required in order to renew a license. "Volunteer medical services" is defined as medical care provided without charge to low-income patients for health care services for which the patient is not covered by any public or private third-party payer. The Board proposes to amend N.J.A.C. 13:35-6.15 to effectuate P.L. 2010, c. 89.
N.J.A.C. 13:35-6.15 requires licensees to complete 100 continuing medical education credits every biennial renewal period. These credits must be in Category I or Category II courses recognized by the American Medical Association, American Osteopathic Association, or the American Podiatric Medical Association, with at least 40 credits in Category I. Proposed new subsection (l) permits licensees to obtain up to 10 hours of continuing medical education credits by providing medical care outside of their offices to low-income patients. Licensees will obtain one continuing education credit for every two hours spent providing such care. Proposed new subsection (m) specifies that credit hours obtained by providing volunteer medical services will not count towards the 40 credit hours required in Category I courses. Proposed new subsection (n) permits the Board to deny a licensee the opportunity to obtain credits through volunteer medical services if the licensee has to complete continuing education credit hours to maintain competence or to address developments in science or technology.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed amendment will benefit society by encouraging licensees to provide volunteer medical services.

Economic Impact

The proposed amendment will have a positive economic impact on licensees who provide volunteer medical services. These licensees will obtain continuing education credit hours for completing such services, saving them the money they would otherwise have to pay to continuing education course sponsors to take continuing education courses. These savings would be offset by income licensees lose through providing volunteer services, as opposed to providing services for a fee. The proposed amendment will also benefit patients who receive volunteer medical services.

Federal Standards Statement

A Federal standards analysis is not required because there are no applicable Federal laws or standards.

Jobs Impact

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

Agriculture Industry Impact

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

Regulatory Flexibility Statement

A regulatory flexibility analysis is not required as the proposed amendment does not impose reporting, recordkeeping, or compliance requirements on small businesses.

Housing Affordability Impact Analysis

The proposed amendment 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 continuing education requirements.

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 concerns continuing education requirements.

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):

SUBCHAPTER 6. GENERAL RULES OF PRACTICE

13:35-6.15 Continuing medical education

(a)-(k) (No change.)

(l) A licensee may obtain up to 10 continuing medical education credits per biennial period by providing medical care outside of his or her medical office, without charge, to low-income patients for health care services for which patients are not covered by any public or private third-party payer. A licensee will obtain one continuing medical education credit for every two hours spent providing such volunteer medical services and shall document completion of such hours pursuant to (h)2 above.

(m) Continuing medical education credits obtained pursuant to (l) above shall not count towards the 40 credits required in Category I pursuant to (b) above.

(n) The Board may deny a licensee an opportunity to obtain any or all continuing medical education credits pursuant to (l) above if the Board determines that:

1. The licensee must complete all continuing medical education credits in order to maintain or restore professional competence; or

2. The licensee must complete continuing medical education credits in order to address developments in science or technology.