51 N.J.R. 1091(a)

VOLUME 51, ISSUE 13, JULY 1, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1091(a)
NJ - New Jersey Register  >  2019  >  JULY  >  JULY 1, 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 > BOARD OF MEDICAL EXAMINERS

Administrative Code Citation

Proposed Repeal and New Rule: N.J.A.C. 13:35-10.4

Proposed Amendments: N.J.A.C. 13:35-10.7, 10.8, and 10.20

Proposed New Rules: N.J.A.C. 13:35-10.3A, 10.4A, and 10.4B
Text

Licensed Athletic Trainers
License Renewal

Authorized By: State Board of Medical Examiners, William Roeder, Executive Director.

Authority: N.J.S.A. 45:9-37.38.

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

Proposal Number: PRN 2019-097.

Submit comments by August 30, 2019, to:

   William Roeder, Executive Director
   State Board of Medical Examiners
   PO Box 183
   Trenton, New Jersey 08625
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The proposal of the agency follows:

Summary
N.J.S.A. 45:1-7.1 and 7.4 establish standards for renewing, reinstating, and reactivating licensure. N.J.S.A. 45:1-7.5 establishes standards for issuing licenses to applicants licensed in other states. The Board of Medical Examiners (Board) proposes amendments and new rules to effectuate the provisions of N.J.S.A. 45:1-7.1, 7.4, and 7.5 for licensed athletic trainers. Proposed new N.J.A.C. 13:35-10.3A allows the Board to issue a license to an applicant if the Board determines that the state in which the applicant is licensed has standards for licensure substantially equivalent to the Board's standards and the applicant has been practicing for at least two years prior to applying for a license. An applicant would have to submit documentation from every state in which he or she is currently licensed, or was ever licensed, indicating that his or her licenses are in good standing. An applicant would also have to undergo a criminal history background check and designate an agent in New Jersey for service of process if he or she will not reside or have an office in New Jersey. The proposed amendments provide standards for determining if a license is in good standing and whether an examination is substantially similar to that required by the Board. The Board would be permitted to revoke a license obtained through fraud, deception, or misrepresentation. The Board could grant a license to an applicant whose license was not in good standing due to a pending action, disciplinary proceeding, or criminal charge, as long as the alleged conduct that is the subject of the action, proceeding, or charge was not related to practicing athletic training.

N.J.A.C. 13:35-10.4 sets forth renewal requirements for licensed athletic trainers. The Board proposes to repeal and replace this rule to incorporate licensure renewal requirements from N.J.S.A. 45:1-7.1. Under the proposed new rule, the Board is required to send out notices on renewal to licensed athletic trainers at least 60 days prior to the expiration of licenses. Renewal notices must explain the option to renew as inactive. Licensed athletic trainers are permitted to renew within 30 days of license expiration by paying a late renewal fee. A licensed athletic trainer who does not renew a license by the end of this 30-day late period will be suspended. A licensed athletic trainer who renews as inactive or whose license has been suspended cannot engage in the practice of athletic training.

Proposed new N.J.A.C. 13:35-10.4A addresses standards for the reactivation of licensure pursuant to N.J.S.A. 45:1-7.4. A licensed athletic trainer seeking to reactivate a license would be required to submit a renewal application, a certification of employment listing jobs held while a license was inactive, the active renewal fee, and evidence of having completed the continuing education credits required for the current renewal period. The proposed new rule permits licensed athletic trainers to satisfy continuing education requirements by showing that they completed the requirements of another state in which they were licensed. The proposed amendments permit the Board to require a licensed athletic trainer to pass an examination, complete a refresher course, or meet any other Board imposed requirement, if the Board determines that there is a reason to conclude that the licensed athletic trainer would not be able to practice safely. The proposed amendments provide criteria for determining if a practice deficiency exists.

Proposed new N.J.A.C. 13:35-10.4B sets forth license reinstatement standards. Under the proposed new rule, a licensed athletic trainer seeking to reinstate a license is required to submit a reinstatement application, a certification of employment listing jobs held during the period a license was suspended, the current renewal fee and the past due fee from the last renewal period, a reinstatement fee, and evidence of completing the continuing education credits required for the current renewal period. A licensed athletic trainer may satisfy continuing education requirements by showing that he or she completed the requirements of another state in which he or she was licensed. The proposed new rule permits the Board to require a licensed athletic trainer to pass an examination, complete a refresher course, or meet any other Board imposed requirement, if the Board determines that there is a reason to conclude that a licensed athletic [page=1092] trainer would not be able to practice safely. The proposed amendments provide criteria for determining if a practice deficiency exists.

The Board also proposes to amend N.J.A.C. 13:35-10.7(a) to recognize that a referral for athletic training services may come from a physician who is not licensed in New Jersey. Proposed amendments to N.J.A.C. 13:35-10.8(a) remove reference to an athlete's illness, the treatment of which is not within a licensed athletic trainer's scope of practice. Proposed amendments to N.J.A.C. 13:35-10.20(b) remove a definition for "athlete," which is unnecessary as the term is adequately defined in N.J.A.C. 13:35-10.2.
The Board has provided a 60-day comment period for this notice of proposal. 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 amendments, repeal, and new rules will make it easier for licensed athletic trainers to resume practicing after a period of inactivation or suspension. The proposed amendments, repeal, and new rules allow licensed athletic trainers to satisfy the Board's continuing education requirements by submitting proof of compliance with another state's continuing education requirements. The Board will have the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.

Economic Impact

The Board believes that proposed amendments, repeal, and new rules may have a positive economic impact upon licensed athletic trainers seeking to reactivate or reinstate their license. Accepting continuing education requirements of another state would save licensed athletic trainers the costs associated with completing the Board's continuing education requirements. Licensed athletic trainers seeking reinstatement may realize a positive economic benefit because they will no longer be required to pay all past delinquent renewal fees. There may be a negative economic impact for licensed athletic trainers who are seeking reactivation or reinstatement if the Board deems them in need of remediation and they are required to pass an examination or complete additional education or training.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments, repeal, and new rules.

Jobs Impact

The Board does not believe that the proposed amendments, repeal, and new rules will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments, repeal, and new rules will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Since athletic trainers are individually licensed by the Board 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 economic impact on small businesses is the same as for all businesses as set forth in the Economic Impact above. The Board does not believe that licensed athletic trainers will need to employ any professional services to comply with the requirements of the proposed amendments, repeal, and new rules. The proposed amendments, repeal, and new rules impose no reporting or recordkeeping requirements but impose compliance requirements upon licensed athletic trainers as detailed in the Summary above.

As the compliance requirements contained in the proposed amendments, repeal, and new rules are necessary to ensure that licensed athletic trainers are in compliance with the renewal, reactivation, and reinstatement requirements of P.L. 2013, c. 182, the Board believes that the proposed amendments, repeal, and new rules must be uniformly applied to all licensed athletic trainers and no exemptions are provided based on the size of a business.

Housing Affordability Impact Analysis

The proposed amendments, repeal, and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments, repeal, and new rules would evoke a change in the average costs associated with housing because the proposed amendments, repeal, and new rules concern license renewal requirements for licensed athletic trainers.

Smart Growth Development Impact Analysis

The proposed amendments, repeal, and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments, repeal, and new rules 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, repeal, and new rules concern license renewal requirements for licensed athletic trainers.

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 rule proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:35-10.4.

Full text of the proposed amendments and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 10. ATHLETIC TRAINERS

13:35-10.3A      Licensure by reciprocity

(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:
1. The Board determines that the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;
2. The applicant has been practicing in the profession of athletic training for a period of at least two years immediately prior to the date of application; and
3. The requirements of (b) below are satisfied.
(b) Prior to the issuance of the license, the Board shall have received:
1. Documentation from any state in which the applicant is, or ever was, licensed, indicating that the applicant's license(s) is in good standing;
2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police, which do not disclose a conviction for a disqualifying crime; and
3. Designation of an agent in New Jersey for service of process if the applicant is not a New Jersey resident and does not have an office in New Jersey.
(c) For purposes of this section, "good standing" means that:
1. No action has been taken against the applicant's license by any licensing board;
2. No action adversely affecting the applicant's privileges to practice athletic training has been taken by any out-of-State institution, organization, or employer;
3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice athletic training;
4. All fines levied by any out-of-State board have been paid; and
5. There is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including: criminal homicide; [page=1093] aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.
(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.
(e) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.
(f) The Board may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement of (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest does not demonstrate a serious inability to practice athletic training, adversely affect the public health, safety, or welfare or result in economic or physical harm to a person or create a significant threat of such harm.

13:35-10.4        Biennial license renewal

(a) The Board shall send a notice of renewal to each licensed athletic trainer at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensed athletic trainer of the option to renew as inactive. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensed athletic trainer shall renew his or her license for a period of two years by submitting a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:35-10.19, prior to the date of license expiration.
(c) A licensed athletic trainer may renew his or her license by choosing inactive status. A licensed athletic trainer electing to renew as inactive shall not engage in the practice of athletic training, or hold him- or herself out as eligible to engage in the practice of athletic training, in New Jersey until such time as the license is returned to active status.
(d) If a licensed athletic trainer does not renew the license prior to its expiration date, the licensed athletic trainer may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:35-10.19. During this 30-day period, the license shall be valid and the licensed athletic trainer shall not be deemed practicing without a license.
(e) A licensed athletic trainer who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(f) A licensed athletic trainer who continues to engage in the practice of athletic training with a suspended license shall be deemed to be engaging in the unlicensed practice of athletic training and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:35-10.4A      License reactivation

(a) A licensed athletic trainer who holds an inactive license pursuant to N.J.A.C. 13:35-10.4(c) may apply to the Board for reactivation of an inactive license. A licensed athletic trainer seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period of inactive license that includes the name, address, and telephone number of each employer;
3. If the renewal application is sent during the first year of the biennial renewal period, the renewal fee for the biennial period for which reactivation is sought, as set forth in N.J.A.C. 13:35-10.19. If the renewal application is sent during the second year of the biennial period, half of the renewal fee for the biennial period for which reactivation is sought, as set forth in N.J.A.C. 13:35-10.19; and
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth in N.J.A.C. 13:35-10.21.
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of athletic training and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above apply.
(c) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reactivation of licensure, to take and successfully complete education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following factors including, but not limited to:
1. Length of time license was inactive;
2. Employment history;
3. Professional history;
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of athletic training or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
6. Pending proceedings against a professional or occupational license issued to the licensed athletic trainer by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
7. Civil litigation related to the practice of athletic training or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:35-10.4B      License reinstatement

(a) A licensed athletic trainer who has had his or her license suspended, pursuant to N.J.A.C. 13:35-10.4(e), may apply to the Board for reinstatement. A licensed athletic trainer applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license that includes the name, address, and telephone number of each employer;
3. The renewal fee set forth in N.J.A.C. 13:35-10.19 for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth in N.J.A.C. 13:35-10.19; and
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth in N.J.A.C. 13:35-10.21.
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of athletic training and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any [page=1094] continuing education requirements, the requirements of (a)6 above apply.
(c) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following factors including, but not limited to:
1. Length of time license was suspended;
2. Employment history;
3. Professional history;
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of athletic training or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
6. Pending proceedings against a professional or occupational license issued to the licensed athletic trainer by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
7. Civil litigation related to the practice of athletic training or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:35-10.7    Scope of practice

(a) A licensed athletic trainer in an interscholastic, intercollegiate, intramural, or professional athletic setting, in a setting where he or she is providing evaluation and immediate athletic training services for an injury suffered outside of the interscholastic, intercollegiate, intramural, or professional athletic setting pursuant to N.J.A.C. 13:35-10.6(b) or in any other setting pursuant to a referral from a physician (who may, in this instance, be licensed in another state), may provide to an athlete:
1.-4. (No change.)
(b)-(f) (No change.)
13:35-10.8    Records
(a) A licensed athletic trainer shall prepare and maintain for each athlete a contemporaneous, permanent record that accurately reflects the evaluation and treatment of the athlete's [illness or] injury by the licensed athletic trainer.
(b)-(f) (No change.)
13:35-10.20  Sexual misconduct
(a) (No change.)
(b) As used in this section, the following terms have the following meanings, unless the context indicates otherwise:
["Athlete" means any person who is the recipient of athletic training services rendered by a licensed athletic trainer as set forth in N.J.A.C. 13:35-10.4.]
…
(c)-(l) (No change.)