52 N.J.R. 1392(a)                      VOLUME 52, ISSUE 14, JULY 20, 2020

RULE PROPOSALS                                      

Reporter

52 N.J.R. 1392(a)
NJ - New Jersey Register  >  2020    >  JULY   >  JULY 20, 2020   >  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 Amendments: N.J.A.C. 13:35-2A.10 and 2A.12                            


Text



Nitrous Oxide for Pain Relief   

                                                      
Authorized By: New Jersey 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 2020-064.                 

Submit written comments by September 18, 2020, to:                 


William Roeder, Executive Director
State Board of Medical Examiners
Office of the Commissioner
PO Box 183
Trenton, New Jersey 08625-0183

Or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx                                            

The agency proposal follows:                 

Summary                                      

The Board of Medical Examiners (Board) received a request from a health care facility to permit licensed midwives to administer nitrous oxide as labor analgesia. The Board has reviewed this request and has determined that the administration of nitrous oxide is within the training and scope of a licensed midwife, and that it is, therefore, appropriate for midwives to administer nitrous oxide for pain relief both during labor and after delivery, so long as they do so only in health care facilities licensed by the Department of Health. Health care facilities licensed by the Department of Health have policies and procedures in place to ensure that nitrous oxide is safely stored and administered. Although licensed midwives practice in a variety of settings other than health care facilities licensed by the Department of Health, including patients' homes, many of these outpatient settings lack similar policies and procedures to ensure that nitrous oxide is safely stored and administered. Accordingly, the Board proposes to limit licensed midwives' ability to administer nitrous oxide as labor analgesia to health care facilities licensed by the Department of Health.                    

The Board proposes to amend N.J.A.C. 13:35-2A.10 and 2A.12, so that licensed midwives may administer or facilitate the administration of nitrous oxide for pain relief during the intrapartum and postpartum stages when they are providing services in a health care facility licensed by the Department of Health.                    

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 amendments will benefit patients who receive services from licensed midwives, as they will be able to obtain pain relief through the use of nitrous oxide.                    

Economic Impact                                         

The proposed amendments will not have an economic impact.                    

Federal Standards Statement                                         

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.                     

Jobs Impact                                         

The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.                    

Agriculture Industry Impact                                         

The Board believes that the proposed amendments will have no impact upon the agricultural industry in New Jersey.                    

[page=1393]   Regulatory Flexibility Statement                                         

Since licensed midwives are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.                    

There are no costs imposed by the proposed amendments and the Board does not believe that licensed midwives will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements.                    

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 licensed midwives using nitrous oxide to provide pain relief.                    

Smart Growth Development Impact Analysis                                          

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood 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 in New Jersey because the proposed amendments concern licensed midwives using nitrous oxide to provide pain relief.                    

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.                    

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

SUBCHAPTER 2A. LIMITED LICENSES: MIDWIFERY                     

13:35-2A.10    Intrapartum management                    

(a) A licensee's scope of practice during intrapartum stages includes:                    

1.-3. (No change.)                    

4. Repairing [first and second degree]   first- and second-degree episiotomies and lacerations; [and]                     

5. Using local anesthesia[.]; and                                         

6. In a health care facility licensed by the Department of Health, administering or facilitating the administration of nitrous oxide for pain relief.                                         

(b)-(c) (No change.)                    

13:35A-2A.12 Postpartum care                    

(a) A licensee's scope of practice during the postpartum stage includes:                    

1. Assessment and treatment; [and]                    

2. Contraceptive services[.]; and                                         

3. In a health care facility licensed by the Department of Health, administering or facilitating the administration of nitrous oxide for pain relief.