51 N.J.R. 1568(a)

VOLUME 51, ISSUE 20, OCTOBER 21, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1568(a)
NJ - New Jersey Register  >  2019  >  OCTOBER  >  OCTOBER 21, 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 PHYSICAL THERAPY EXAMINERS

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:39A-7.2 and 7.3
Text

 Supervising Licensed Physical Therapist Signing Licensed Physical Therapist Assistant's Notes

Authorized By: State Board of Physical Therapy Examiners, Lisa Tadeo, Executive Director.

Authority: N.J.S.A. 45:9-37.18.

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

Proposal Number: PRN 2019-136.
Submit comments by December 20, 2019, to:

Lisa Tadeo, Executive Director
State Board of Physical Therapy Examiners
PO Box 45014
Newark, New Jersey 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx .

The agency proposal follows:

 Summary
The Board of Physical Therapy Examiners (Board) recently adopted amendments to rules regarding supervision of licensed physical therapist assistants. One of the commenters on the notice of proposed amendments was concerned that some computer documentation systems would not allow a supervising licensed physical therapist to sign notes created by a licensed physical therapist assistant. The commenter recommended that the Board amend N.J.A.C. 13:39A-7.3, so that it would not require dual signatures if a computer documentation system did not allow it. The Board responded to this comment by pointing out that N.J.A.C. 13:39A-7.3(b) does not require dual signatures, it requires a signature in the record from a supervising licensed physical therapist indicating that the supervising licensed physical therapist reviewed the plan of care with the licensed physical therapist assistant. The Board also pointed out that N.J.A.C. 13:39A-7.2(e) requires a supervisor to cosign a licensed physical therapist assistant's notes. The Board stated that it did not believe that either requirement requires records to be kept on systems that allow for dual signatures. The Board also stated that it would amend N.J.A.C. 13:39A-7.2 and 7.3 for clarification. The Board proposes to amend N.J.A.C. 13:39A-7.2(e) and 7.3(b) so that, if patient records are maintained on computer recordkeeping systems that do not permit a supervising licensed physical therapist to sign a licensed physical therapist assistant's notes, the supervising licensed physical therapist will be able to enter a separate note in the record indicating that he or she reviewed the licensed physical therapist assistant's notes or the plan of care with the physical therapist assistant.

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 Board does not believe that the proposed amendments will have any social impact.

 Economic Impact

The Board does not believe that the proposed amendments will 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 result in the creation or loss of jobs in the State.

 Agriculture Industry Impact

The Board does not believe that the proposed amendments will have any impact on the agriculture industry in the State.

 Regulatory Flexibility Analysis

Since licensed physical therapists and licensed physical therapist assistants 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 proposed amendments will not have any economic impact. The Board does not believe that licensed physical therapists or licensed physical therapist assistants will need to employ any additional professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting requirements but impose compliance and recordkeeping requirements upon licensed physical therapists and licensed physical therapist assistants, as detailed in the Summary above.

The proposed amendments will protect the health, safety, and welfare of patients by ensuring that services provided by licensed physical therapist assistants are properly documented in patient records and are reviewed by supervising licensed physical therapists; therefore, no differing compliance requirements are provided to licensed physical therapists or licensed physical therapist assistants based upon the size of a business.

 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 recordkeeping requirements for licensed physical therapist assistants.

 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 recordkeeping requirements for licensed physical therapist assistants.

 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 ):

[page=1569] SUBCHAPTER 7.SUPERVISION OF LICENSED PHYSICAL THERAPIST ASSISTANTS

13:39A-7.2 Responsibilities of designated supervising licensed physical therapist

(a)-(d) (No change.)

(e) The supervising licensed physical therapist shall cosign the licensed physical therapist assistant's notes prior to the next provision of physical therapy services to that patient. If patient records are maintained on a computer recordkeeping system that does not permit a supervising licensed physical therapist to cosign a licensed physical therapist assistant's notes, the supervising licensed physical therapist shall enter a separate note in the patient record indicating that he or she has reviewed the licensed physical therapist assistant's notes.

(f) (No change.)

13:39A-7.3 Responsibilities of licensed physical therapist assistant

(a) (No change.)

(b) A licensed physical therapist assistant shall obtain the signature of the designated supervising licensed physical therapist indicating that the designated supervisor reviewed the plan of care and the date when that review took place. The supervising licensed physical therapist's signature in the record shall serve as evidence that the plan of care has been reviewed by the supervising licensed physical therapist and discussed with the physical therapist assistant. If patient records are maintained on a computer recordkeeping system that does not permit a supervising licensed physical therapist to sign a licensed physical therapist assistant's notes, the supervising licensed physical therapist shall enter a separate note in the patient record indicating that he or she has reviewed the plan of care.

(c)-(g) (No change.)