​​​​​​50 N.J.R. 1699(a)

VOLUME 50, ISSUE 15, AUGUST 6, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 1699(a)
NJ - New Jersey Register  >  2018  >  AUGUST  >  AUGUST 6, 2018  >  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 > NEW JERSEY STATE BOARD OF RESPIRATORY CARE

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:44F-3.1, 3.3, 4.1, 8.4, 10.1, 10.2, 10.3, and 10.4

Proposed Repeals and New Rules: N.J.A.C. 13:44F-7

Text

Respiratory Care Practitioner Licensing Act Rules

Authorized By: New Jersey State Board of Respiratory Care, Dorcas O'Neal, Executive Director.
Authority: N.J.S.A. 45:1-15 and 45:14E-4; and P.L. 2013, c. 182.

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

Proposal Number: PRN 2018-066.

Submit written comments by October 5, 2018, to:

   Dorcas O'Neal, Executive Director
   New Jersey State Board of Respiratory Care
   124 Halsey Street
   PO Box 45031
   Newark, New Jersey 07101
​

The agency proposal follows:

Summary

The Board of Respiratory Care (Board) is proposing repeals and new rules to implement P.L. 2013, c. 182, which became effective on July 1, 2014. The law modifies the reinstatement and reactivation requirements for professional or occupational licensees. The Board is also proposing amendments to correct terminology, update rules, and codify current standards of practice and licensure requirements.

The Board proposes a technical amendment at N.J.A.C. 13:44F-3.1(a)9 to remove the hyphen in "cardiopulmonary." The Board proposes new N.J.A.C. 13:44F-3.1(a)12iii to include apnea testing and monitoring in the list of testing techniques that may be employed by a respiratory care practitioner. This proposed amendment codifies the Board's position that respiratory care practitioners may conduct apnea testing and monitoring.

N.J.A.C. 13:44F-3.3 concerns the delegation of respiratory care services by licensed practitioners to unlicensed persons. The Board proposes to amend N.J.A.C. 13:44F-3.3(f) to extend to 72 hours, the period of time for the follow-up visit to occur after delivery of nebulizer compressors, concentrators, and medical gas cylinders. The Board is further amending N.J.A.C. 13:44F-3.3(f) to provide that if the nebulizer compressor, concentrator, or medical gas cylinder is used in conjunction with an artificial airway, including transtracheal oxygen catheters, the follow-up visit will continue to be within 24 hours of delivery.

The Board proposes new N.J.A.C. 13:44F-4.1(c) to codify the existing requirement that an applicant for initial licensure must complete a Certification and Authorization Form for a Criminal History Background Check. N.J.S.A. 45:1-29 mandates that, prior to issuing an initial license, a health care board must first determine that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may disqualify the applicant from being licensed or otherwise authorized to practice as a health care professional.

To implement P.L. 2013, c. 182, which modifies the reinstatement and reactivation requirements for professional or occupational licensees, the Board proposes to repeal existing N.J.A.C. 13:44F-7, which relates to license renewal, reactivation of an inactive license, and reinstatement of a license that has been administratively suspended, and replace this subchapter with new rules.

Proposed new N.J.A.C. 13:44F-7.1 relates to license renewal. Proposed subsection (a) details the Board's responsibility for providing licensees with renewal notices. Proposed subsection (b) requires licensees to renew their license prior to license expiration. Proposed subsection (c) permits licensees to place their license on inactive status. Proposed subsection (d) establishes a 30-day grace period after the license has expired, during which time a licensee may still renew the license and continue to practice. Proposed subsection (e) mandates that any license not renewed by the end of the grace period will be administratively suspended. Proposed subsection (f) sets forth the consequences for continued practice after an individual's license has been administratively suspended.

Proposed new N.J.A.C. 13:44F-7.2 relates to reactivation of an inactive license. Proposed subsection (a) lists the documentation that a licensee who has placed his or her license on inactive status must provide to the Board when applying for reactivation of his or her license. Proposed subsection (b) sets forth the criteria that the Board must consider when reviewing an application to determine practice deficiencies and grants the Board discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.

[page=1700] Proposed new N.J.A.C. 13:44F-7.3 relates to reinstatement of a license that has been administratively suspended. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Board in order to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Board must consider when reviewing an application to determine practice deficiencies and grants the Board discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.

The Board proposes to amend N.J.A.C. 13:44F-8.4 to correct the mailing address for the Board.

N.J.A.C. 13:44F-10.1 delineates the continuing education requirements with which licensees must comply for biennial license renewal. The Board proposes to delete N.J.A.C. 13:44F-10.1(a)1 and 2 because the effective dates for the continuing education requirements have passed.

N.J.A.C. 13:44F-10.2 concerns the approval of continuing education courses and programs and the determination of credit. The Board proposes to amend N.J.A.C. 13:44F-10.2(a)1 to include the American Thoracic Society and the American Academy of Sleep Medicine as acceptable sources of continuing education. The Board proposes to amend N.J.A.C. 13:44F-10.2(a)4 to correct the name of the American Academy of Pediatrics in Neonatal Resuscitation Protocol; "Protocol" will be replaced with "Program." In addition, the Board does not believe that it is necessary to require a licensee to take any continuing education in a live format. Accordingly, the Board proposes to amend N.J.A.C. 13:44F-10.2(a)6 to remove the cap on the number distance learning credits that may be taken during a biennial licensure period. The Board also proposes new N.J.A.C. 13:44F-10.2(a)7 to award continuing education credit for instructional activity. In addition, the Board proposes new N.J.A.C. 13:44F-10.2(a)8 to allow licensees to attain 10 continuing education credits for each successfully completed advanced credentialing examination. Under the existing rule, the Board awards credit only for those advanced credentialing examinations that are approved for continuing education credit by the American Association for Respiratory Care (AARC). The Board notes that there are advanced credentialing examinations that are not approved by AARC for continuing education credit, but which the Board believes should qualify for such credit. The Board further believes that recognizing these advanced credentialing examinations for continuing education credits will encourage licensees to participate in additional education. The Board is proposing to maintain on its website a list of Board-approved advanced credentialing examinations that are nationally recognized and that relate to the content area set forth in N.J.A.C. 13:44F-10.1(c).

In addition, the Board proposes to amend N.J.A.C. 13:44F-10.2(b) to allow for partial credits awarded in excess of one instructional hour for the same continuing education program, course, or seminar.
The Board proposes to amend N.J.A.C. 13:44F-10.3, which outlines continuing education recordkeeping requirements for licensees and the Board's authority to conduct continuing education audits, to include recordkeeping requirements for those seeking continuing education credit for instructional activity.

The Board proposes to amend N.J.A.C. 13:44F-10.4 to correct the cross-reference regarding the mailing address of the Board.

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 believes that the proposed amendments, repeals, and new rules will have a positive impact upon the general public by continuing to safeguard the public health, safety, and welfare by ensuring appropriate practice standards, which will enable licensees to provide the highest quality care in the performance of respiratory care services.

Proposed new N.J.A.C. 13:44F-7.2 and 7.3, relating to reactivation and reinstatement, will make it easier for licensees to resume the practice of respiratory care after holding an inactive license or a period of administrative suspension. The proposed new rules eliminate the differing standards based upon the period of suspension or inactivity for those licensees that have been inactive or administratively suspended for five years or less and those that have been inactive or administratively suspended for more than five years. Under the existing rules, if an applicant has been on inactive status or on administrative suspension for more than five years, he or she must reapply for initial licensure, regardless of his or her individual circumstances, such as continued practice in another jurisdiction. Under the proposed new rules, the Board would assess each application for reactivation or reinstatement on a case-by-case basis; if an applicant can demonstrate competency, he or she would be able to reinstate or reactivate his or her license without having to apply for initial licensure.

In addition, the Board believes that the proposed amendments to N.J.A.C. 13:44F-10.2 may have a positive impact upon licensed respiratory care practitioners by providing licensees with additional sources of continuing education to satisfy their continuing education obligations and by providing them with more freedom to choose the sources of their continuing education credits.

Economic Impact

The Board believes that the proposed amendment to N.J.A.C. 13:44F-3.3 may have an economic impact upon licensees to the extent respiratory care practitioners can see a greater number of patients because they will be able to conduct follow-up visits within 72 hours after the delivery of a nebulizer, compressor, or medical gas cylinder, except for those that could be used in conjunction with an artificial airway, including transtracheal oxygen catheters. To the extent patients are currently billed for these follow-up visits, they will continue to incur such costs.

The Board believes that proposed new N.J.A.C. 13:44F-7 will continue to have an economic impact on applicants for renewal, reactivation, and reinstatement. Under proposed new N.J.A.C. 13:44F-7, licensees will continue to bear the costs associated with license renewal, reactivation, and reinstatement. However, the dollar amount for each of the existing fees for renewal, reactivation, and reinstatement remains unchanged. In addition, proposed N.J.A.C. 13:44F-7.1, concerning licensure renewal, may have an economic impact upon licensees to the extent that licensees who submit their renewal applications within 30 days of their license expiration date must submit a late fee, in addition to the standard license renewal fee charged by the Board.

The Board believes that proposed new N.J.A.C. 13:44F-7.2 may have a positive economic impact upon licensees to the extent they seek to reactivate their license in the second year of the biennial renewal period because the fee is prorated. In addition, the Board believes that proposed new N.J.A.C. 13:44F-7.2 and 7.3 may have an economic impact upon licensees seeking to reactivate or reinstate their license. Accepting continuing education requirements of another state may save licensees the costs associated with completing the Board's continuing education requirements. Proposed new N.J.A.C. 13:44F-7.3 may also have an economic impact upon licensees seeking reinstatement because, in accordance with P.L. 2013, c. 182, they are no longer required to pay all past delinquent renewal fees but only the one for the biennial period immediately preceding the renewal period for which reinstatement is sought.

Proposed new N.J.A.C. 13:44F-7.2 and 7.3 may have an economic impact upon licensees seeking reactivation or reinstatement of their license to the extent the Board deems them in need of remediation and they are required to pass an examination or complete additional education or training.

The Board believes that, by removing the restrictions regarding the maximum number of credits that may be earned through distance learning courses, the proposed amendment to N.J.A.C. 13:44F-10.2(a)6 may have a positive economic impact on licensees because of decreased costs to complete continuing education requirements. The Board further believes that the proposed amendments may have a small impact on continuing education providers. Continuing education providers that develop distance learning programs may be able to offset a loss, if any, of revenues from decreased attendance at live events. Although the tuition for distance learning programs may be lower than for live events, distance learning programs may attract more students than live events because of their convenience. The Board also believes that proposed [page=1701] new N.J.A.C. 13:44F-10.2(a)7 will have a positive economic impact on those respiratory care practitioners who engage in instructional activities because they will have a way to attain, for no cost, up to six continuing education credits per biennial licensure period.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments, repeals, and new rules are governed by N.J.S.A. 45:1-15 and 45:14E-1 et seq., and are not subject to any Federal requirements or standards.

Jobs Impact

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

Agriculture Industry Impact

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

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 3,745 respiratory care practitioners. If Board licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

As proposed for amendment, N.J.A.C. 13:44F-4.1 codifies the existing statutory compliance requirement to submit a Certification and Authorization Form for a Criminal History Background Check.

The rules in Subchapter 7 will continue to impose various compliance requirements upon licensed respiratory care practitioners. Proposed new N.J.A.C. 13:44F-7.1 establishes compliance requirements that licensees must follow in connection with the renewal of their licenses, and proposed new N.J.A.C. 13:44F-7.2 and 7.3 establish compliance requirements for licensees applying for reactivation and reinstatement, including compliance with the continuing education requirements.

Proposed new N.J.A.C. 13:44F-7.1 requires licensees to remit their renewal applications to the Board, along with the specified renewal fee, prior to the date of their license expiration. If a licensee submits the renewal application within 30 days following the date of his or her license expiration, he or she must also submit a late fee with the application. If a licensee fails to submit the renewal application within 30 days of the license expiration date, he or she must cease engaging in the practice of respiratory care because his or her license is considered suspended. A licensee electing to renew his or her license as inactive is required to pay the inactive renewal fee and is prohibited from engaging in the practice of respiratory care until the license is returned to active status.

Pursuant to proposed new N.J.A.C. 13:44F-7.2, a licensee who elected inactive status and wishes to resume the active practice of respiratory care must submit a renewal application, a renewal fee, a certification of employment, and evidence of compliance with the continuing education requirements outlined in the rule.

Proposed new N.J.A.C. 13:44F-7.3 requires a licensee applying for reinstatement to submit a reinstatement application, a reinstatement fee, a renewal fee and the delinquent renewal fee, a certification of employment, and evidence of having completed all relevant continuing education requirements.

No additional professional services will be needed to comply with the proposed new rules, repeals, and amendments. The costs of compliance with the proposed new rules, repeals, and amendments are discussed in the Economic Impact statement above. The Board believes that the proposed new rules and amendments should be uniformly applied to all licensees in order to ensure the health, safety, and welfare of the general public in the provision of respiratory care services and, therefore, no differing compliance requirements for any licensee are provided based upon the size of the business.

Housing Affordability Impact Analysis

The proposed amendments, repeals, and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments, repeals, and new rules concern the practice of respiratory care, continuing education, and licensure renewal, reactivation, and reinstatement requirements.

Smart Growth Development Impact Analysis

The proposed amendments, repeals, and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the 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, repeals, and new rules concern the practice of respiratory care, continuing education, and licensure renewal, reactivation, and reinstatement 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 rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:44F-7.

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

SUBCHAPTER 3.    AUTHORIZED PRACTICE
13:44F-3.1    Scope of practice

(a) For the purposes of treating, managing, controlling, and caring for patients with deficiencies and abnormalities of the cardiac and pulmonary system, a respiratory care practitioner may perform the following duties under the direction or supervision of a physician:

1.-8. (No change.)

9. Performance of [cardio-pulmonary] cardiopulmonary resuscitation;

10.-11. (No change.)

12. Testing techniques to assist in diagnosis, monitoring, treatment, and research including, but not limited to:

i. Measurement of cardiopulmonary volumes, pressure, and flow; [and]
ii. Drawing and analyzing of samples of arterial, capillary, and venous blood; and

iii.Apnea testing and monitoring; and

13. (No change.)

(b)-(d) (No change.)

13:44F-3.3    Delegation by a respiratory care practitioner to unlicensed persons

(a)-(e) (No change.)

(f) The licensed respiratory care practitioner who delegates tasks set forth in (d) above in an outpatient setting shall ensure that a follow-up visit from a licensee or a person exempt from respiratory care licensure pursuant to N.J.S.A. 45:14E-[9(c)]9.c takes place consistent with the following:

1. Except as provided in (f)2 below, within 24 hours of the delivery of the equipment, including compressors, concentrators, and cylinders that could be used in conjunction with an artificial airway, including transtracheal oxygen catheters, to the patient for the purpose of conducting an in-person assessment of the equipment.

2. Within 72 hours of the delivery of nebulizer compressors, concentrators, and medical gas cylinders, except for those that could be used in conjunction with an artificial airway, including transtracheal oxygen catheters.

3. The follow-up visit shall be documented in writing.

Recodify existing 1.-2. as i.-ii. (No change in text.)

SUBCHAPTER 4.    APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION
13:44F-4.1    Eligibility for licensure

(a)-(b) (No change.)

[page=1702] (c)An applicant shall submit, with the completed application form and the required fee, a Certification and Authorization Form for a Criminal History Background Check.

SUBCHAPTER 7.              LICENSE RENEWALS
13:44F-7.1        License renewal

(a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 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 licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:44F-8.1, prior to the date of license expiration.

(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of respiratory care in New Jersey, or hold himself or herself out as eligible to engage in the practice of respiratory care in New Jersey, until such time as the license is returned to active status.

(d) If a licensee does not renew the license prior to its expiration date, the licensee 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. 13:44F-8.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.

(e) A licensee 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 licensee who continues to engage in the practice of respiratory care with a suspended license shall be deemed to be engaging in the unauthorized practice of respiratory care 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.

13:44F-7.2        License reactivation

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:44F-7.1(c) may apply to the Board for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:

1. A renewal application;

2. A certification of employment, listing each job held during the period the license was inactive, which includes the name, address, and telephone number of each employer;

3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:44F-8.1.

i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:44F-8.1.

ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:44F-8.1; and

4. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:44F-10.1.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of respiratory care and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph shall apply.

(b) 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 any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the 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 non-exhaustive issues:

1. Length of duration license was inactive;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing board;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of respiratory care 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 licensee by a professional 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 respiratory care or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:44F-7.3        License reinstatement

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:44F-7.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:

1. A reinstatement application;

2. A certification of employment listing each job held during the period of suspended license, which includes the name, address, and telephone number of each employer;

3. The renewal fee 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. 13:44F-8.1; and

6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:44F-10.1.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of respiratory care and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph shall apply.

(b) 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 any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to assure that the [page=1703] applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the 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 non-exhaustive issues:

1. Length of duration license was suspended;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing board;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of respiratory care 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 or certificate issued to the licensee by a professional 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 respiratory care or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

SUBCHAPTER 8.    GENERAL PROVISIONS

13:44F-8.4    Office location; Board information

(a) The offices of the Board are located at 124 Halsey Street, PO Box 45031, Newark, New Jersey [07102] 07101.

(b) (No change.)

SUBCHAPTER 10.  CONTINUING EDUCATION

13:44F-10.1  Continuing education requirements for biennial renewal

(a) A licensee applying for biennial license renewal shall complete, during the preceding biennial period, 30 continuing education (CE) credits as specified in (c) below. Applicants for initial licensure are exempt from the continuing education requirements of this section for the initial biennial period of licensure.

[1. A licensee shall be required to complete 15 CE credits, 10 CE credits in respiratory care clinical practices and five CE credits in any health care related field, for the biennial renewal period beginning on April 1, 2006, if this section becomes effective on or before April 1, 2007.

2. A licensee shall be exempt from the CE requirements for the biennial renewal period beginning on April 1, 2006, if this section becomes effective after April 1, 2007.]

(b)-(f) (No change.)

13:44F-10.2  Approval of continuing education programs, courses, seminars, and articles; determination of credits

(a) The following are acceptable sources of continuing education, provided the subject matter falls within the content areas set forth in N.J.A.C. 13:44F-10.1(c):

1. Successful completion of programs, courses, or seminars offered or approved by the New Jersey Society for Respiratory Care, the American Association for Respiratory Care, the American Medical Association, [or] the American Nursing Association, the American Thoracic Society, or the American Academy of Sleep Medicine: one continuing education credit for each course credit awarded;

2.-3. (No change.)

4. Successful completion of any certification or recertification course approved by the American Heart Association in Pediatric Advanced Cardiac Life Support (PALS) or Advanced Cardiac Life Support (ACLS) or approved by the American Academy of Pediatrics in Neonatal Resuscitation [Protocol] Program (NRP): one continuing education credit for each instructional hour awarded, with a maximum of 12 credits per biennial licensure period;

5. Authorship of published peer-reviewed textbooks, articles, or manuals directly related to respiratory care: three credits for each textbook, article, or manual; [and]

6. Successful completion of videotaped, Internet, and other distance learning courses, approved by one of the organizations listed in (a)1 above, with verification by the course provider that the course was monitored and successfully completed by the licensee: one continuing education credit for each course credit awarded [with a maximum of 20 credits per biennial licensure period.];

7. Participation in instructional activities, such as developing curriculum for and/or teaching a new program, course, lecture, or presentation, provided the program, course, lecture, or presentation is directly related to the practice of respiratory care in the State.

i. As used in this paragraph, "new program, course, lecture, or presentation" means that the licensee has never taught or developed curriculum for that course or program in any educational setting: one credit per hour of program or course instruction with a maximum of six credits per biennial licensure period; and

8. Successful completion of an advanced credentialing examination, which does not meet the requirements of (a)2 above, and that is approved by the Board.

i. The Board shall award licensees 10 credits per examination.

ii. A list of Board-approved advanced credentialing examinations shall be posted on the Board's website at http://www.njconsumeraffairs.gov/resp/Pages/default.aspx.

iii. The Board shall approve for credit an advanced credentialing examination provided that it is nationally recognized and the subject matter falls within the content area set forth in N.J.A.C. 13:44F-10.1(c).

(b) A licensee shall receive one continuing education credit for each hour of attendance at programs, courses, and seminars approved by one of the organizations listed in (a)1 above. [Credit shall not be granted for courses that are less than one instructional hour long.] For purposes of this [subchapter] section, an "instructional hour" represents a 60-minute clock hour with no less than 50 minutes of content within the hour. Programs may include one 10-minute break for each instructional hour. [One-half credit hour of continuing education may be earned for 25 minutes of instruction or participation after the first credit hour increment has been earned.] The Board will accept partial credit after the first credit hour increment has been earned for the same program, course, and seminar offered by one of the organizations listed in (a)1 above. Credit shall not be granted for programs, courses, and seminars that are less than one instructional hour long.

13:44F-10.3  Licensee certification of compliance; recordkeeping; audit

(a) A licensee shall:

1.-2. (No change.)

3. Provide to the Board upon request, documentation of the licensees completion of continuing education requirements as follows:

i.-iii. (No change.)

iv. For authored textbooks or manuals: the textbook or manual; [and]

v. Videotaped, Internet, and other distance learning courses: written verification from the course provider[.]; and

vi. For instructional activity: documentation, including a copy of the course content, location, date and time of course, duration of course by hour, and letter from provider confirming that the licensee taught the course or program or, if no provider, a copy of the attendance sheet.

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

13:44F-10.4  Waiver or modification of continuing education requirements

(a)-(b) (No change.)

​(c) A licensee shall apply for an extension, waiver, or other modification no later than 60 days prior to the end of the biennial licensing period. All requests shall be sent to the offices of the Board, as provided in N.J.A.C. 13:44F-[2.2]8.4, by certified mail, return receipt requested.