• NJ - New Jersey Register
• 2024
• APRIL
• APRIL 1, 2024
• RULE PROPOSALS
• LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Continuing Education

Authorized By: Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, Renee Clark, Executive Director.

Authority: N.J.S.A. 52:17B-41.13.

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

Proposal Number: PRN 2024-034.

Submit written comments by May 31, 2024, to:

Renee Clark, Executive Director
State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians
PO Box 45031
Newark, NJ 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx

The agency proposal follows:

Summary

The State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians (Board) proposes amendments to its continuing education rules to increase the number of continuing education credits licensed ophthalmic dispensers must complete to renew their license. The proposed amendments also allow ophthalmic dispensers to complete continuing education credits through distance learning.

N.J.A.C. 13:33-6.1 requires ophthalmic dispensers to complete 12 credits of continuing education every biennial period. Two credits may be carried over into a succeeding biennial period, but only if they are earned during the last six months of the preceding biennial period. The Board proposes to increase the number of required credits from 12 to 15 and to increase the number of credits which may be carried over from two to three to reflect that the Board is increasing the total number of required credits. The proposed amendments also allow licensed ophthalmic dispensers to carry over credits, if they were earned during the last year of the preceding biennial period. In addition, N.J.A.C. 13:33-6.1 currently states that one credit is equal to one hour of attendance at a course. The Board proposes to amend this provision to make one credit equal to at least 50 minutes of instruction during a one-hour period of attendance at a course. This amendment recognizes that sponsors may provide a short break during a course. Moreover, licensed ophthalmic dispensers are currently required to complete two credits of continuing education in the statutes and rules governing their practice. The Board proposes to reduce this requirement to one credit to reflect that Board statutes and rules do not change often and that licensed ophthalmic dispensers will be able to review the current status of laws and rules and any recent changes to them during a one-credit course. The Board also proposes to allow ophthalmic dispensers to complete continuing education credits through courses presented through videotape, audiotape, computer media, or the internet. Any course presented in such a manner will be required to include an examination that the licensee must pass to receive credit for the course.

Recodified N.J.A.C. 13:33-6.1(l) sets forth the requirements for continuing education sponsors. The Board proposes to amend this [page=458] subsection to remove a redundant reference to seminars and programs, and to require sponsors to submit applications for approval no less than 60 days prior to the date a course will be offered. Currently, an application for approval must include, among other things, the date, time, and place of a course and the mechanism to assess the value of a course. As the date, time, and place of a course are not relevant to whether it should receive Board approval, the Board proposes to delete these requirements and to introduce new requirements that an application include course duration, credits, areas of instruction, and that the application indicate the biennial period during which a course will be provided. The Board proposes to delete the requirement that applications include the mechanism to assess the value of a course as this is an ambiguous and unnecessary requirement. The Board further proposes to require sponsors to maintain a list of licensed ophthalmic dispensers obtained from the Board and to notify licensees of any course that they plan to offer no less than 30 days prior to the date the course will be offered. Sponsors will be required to verify the identity of attendees and submit to the Board, upon request, records of attendance. Failure to comply with a request will result in suspension of approval for a sponsor to offer continuing education credits. The proposed amendments also provide that sponsors of a course presented through videotape, audiotape, computer media, or the internet must require attendees to pass an examination on the course.

The Board is proposing amendments at N.J.A.C. 13:33-6.1 that would allow the Board to direct an ophthalmic dispenser to complete additional continuing education credits for specific reasons. Any credits completed pursuant to such direction from the Board will not count towards continuing education requirements. The Board proposes to amend N.J.A.C. 13:33-6.2 to remove the reference to "classroom hours," as this term could be misinterpreted as requiring licensed ophthalmic dispensers to complete such continuing education in-person.

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

Social Impact

The Board does not anticipate that the rulemaking will have any social impact.

Economic Impact

The rulemaking will have an economic impact in that it will increase the number of required continuing education credits from 12 to 15. Licensed ophthalmic dispensers will bear the cost of completing these additional three credits.

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 this rulemaking will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

This rulemaking will not have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Any ophthalmic dispenser licensed by the Board or continuing education sponsor that is a "business which is resident in this State, independently owned and operated and not dominant in its field, and which employs fewer than 100 full-time employees" constitutes a "small business" within the meaning of the Regulatory Flexibility Act (RFA), N.J.S.A. 52:14B-16 et seq. To the extent a licensed ophthalmic dispenser or continuing education sponsor qualifies as a "small business" pursuant to the RFA, the following analysis applies pursuant to N.J.S.A. 52:14B-19.

The costs imposed on small businesses are the same as those imposed on all businesses as discussed in the Economic Impact statement. The Board does not believe that ophthalmic dispensers or continuing education sponsors will need to employ any professional services to comply with the requirements of the rulemaking. The proposed amendments impose no reporting or recordkeeping requirements. However, they do impose compliance requirements as detailed in the Summary above.

By revising the application process and allowing sponsors to offer continuing education courses online with an examination requirement to ensure attendees have absorbed the material, the rulemaking ensures the validity of continuing education completed by ophthalmic dispensers and offered by continuing education sponsors. Accordingly, no differing compliance requirements are provided for any ophthalmic dispensers based on the size of a 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 rulemaking would evoke a change in the average costs associated with housing because the proposed amendments concern continuing education requirements for ophthalmic dispensers.

Smart Growth Development Impact Analysis

The rulemaking 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, pursuant to the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern continuing education requirements for ophthalmic dispensers.

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 6. CONTINUING EDUCATION

13:33-6.1 Continuing education requirements

(a) (No change.)

(b) Each ophthalmic dispenser licensed by the Board shall successfully complete [12] 15 credits per biennial period of approved continuing education course work as set forth [in] at (c), (d), [and] (e), and (f) below. One credit shall equal [one hour] at least 50 minutes of instruction during a one-hour period of attendance at an approved course. [Two] Three credits may be carried over into a succeeding biennial period [only] if the credits were earned during the last [six months] year of the preceding biennial period.

(c) The [12] 15 credits required [under] pursuant to (b) above shall consist of:

1. [Two] One credit[s] in statutes and rules governing the practice of ophthalmic dispensing;

2.-3. (No change.)

(d) No more than two of the [12] 15 credits required [under] pursuant to (b) above may be in topics related to management, sales, or marketing.

(e) Ophthalmic dispensers may complete credits through a course presented through videotape, audiotape, computer media, or the internet. Such a course shall include an examination, which ophthalmic dispensers must pass to obtain credit for the course.

Recodify existing (e)-(j) as (f)-(k) (No change in text.)

[(k)] (l) Any person [desiring] seeking approval as a sponsor of a continuing education course[, seminar or program] shall:

1. Complete and submit the written application form provided by the Board, no less than 60 days prior to the date a course will be offered, and submit the continuing education sponsor fee pursuant to N.J.A.C. 13:33-8.8(a)11. The application form shall provide the following:

i. (No change.)

ii. The title and a complete description of course offering, including course duration, credits earned, and area of instruction as listed at (c) above;

[iii. The date, time (beginning and end) and place of course offering;]

iii. Biennial period during which the course will be provided; and

iv. Curriculum vitae of each speaker[; and].

[v. The mechanism to be used to assess program value.]

[page=459] 2. Secure Board approval prior to offering any continuing education course[, seminar or program] and prior to representing that any course[, seminar or program] fulfills the requirements of this section;

3. [Notify] Maintain an updated list of licensed ophthalmic dispensers available from the Board and notify all licensees, no less than 30 days prior to the date a course is offered, of the time, place, and date of [the] a live course being offered; [and]

4. Monitor the attendance at each approved course, verify the identity of attendees, furnish to each enrollee a verification of attendance, and maintain records of attendance for at least six years from the date of the course[.];

5. Submit to the Board, upon request, records of attendance required pursuant to (l)4 above. Failure to provide the Board with this information shall result in the suspension of a sponsor's ability to provide further continuing education credits; and

6. Require ophthalmic dispensers to pass an examination at the end of a course presented through videotape, audiotape, computer media, or the internet in order to obtain credit for the course.

[(l)] (m) An ophthalmic dispenser on inactive status who seeks to return to active status shall submit proof to the Board of successful completion of [12] 15 credits of approved continuing education course work, a minimum of three of which shall be in the dispensing of contact lenses, for each biennial period of approved inactive status.

(n) The Board may direct or order an ophthalmic dispenser to complete continuing the education credit:

1. As part of a disciplinary or remedial measure, in addition to the required 15 hours of continuing education; or

2. To correct a deficiency in the ophthalmic dispenser's continuing education requirements.

(o) Any continuing education credit hours completed by an ophthalmic dispenser in compliance with an order or directive from the Board as set forth at (n) above shall not be used to satisfy the minimum continuing education requirements as set forth in this section.

13:33-6.2 Continuing education for dispensing of contact lenses

(a) During each biennial registration period, a licensed ophthalmic dispenser shall complete pursuant to N.J.A.C. 13:33-6.1, a continuing education course of at least three [classroom hours] credits covering the dispensing of contact lenses. Such course shall include, at a minimum, instruction in the following areas related to contact lenses:

1.-4. (No change.)