56 N.J.R. 883(a)

VOLUME 56, ISSUE 10, MAY 20, 2024
RULE PROPOSALS

Reporter
56 N.J.R. 883(a)
NJ - New Jersey Register  >  2024  >  MAY  >  MAY 20, 2024  >  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 MASSAGE AND BODYWORK THERAPY

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:37A-2.1 through 2.5 and 6.1      

Text

 Professional Liability Insurance; Entities Providing Education in CPR, Firstaid, and Use of an Automated External Defibrillator
Authorized By: Board of Massage and Bodywork Therapy, Lisa Tadeo, ActingExecutive Director.
Authority: N.J.S.A. 45:11-67.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2024-060.
Submit comments by July 19, 2024, to:
Lisa Tadeo, Acting Executive Director
Board of Massage and Bodywork Therapy
Division of Consumer Affairs
124 Halsey Street
PO Box 45048
Newark, New Jersey 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
P.L. 2019, c. 405, requires applicants for licensure as massage and bodywork therapists and registered employers of licensed massage and bodywork therapists to maintain professional liability insurance. The law establishes the minimum amount of such insurance as no less than $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year. The Board of Massage and Bodywork Therapy (Board) proposes to amend N.J.A.C. 13:37A-2.1 through 2.5 and 6.1 to effectuate P.L. 2019, c. 405. The Board proposes further amendments addressed below.
The Board has received notice that the American Safety and Health Institute, EMP International Inc., and EMS Safety Services Inc., entities, which are recognized at N.J.A.C. 13:37A-2.1 and 2.3 as those that can approve or offer courses in CPR, Firstaid, and use of an automated external defibrillator (AED), have merged into a new entity, the Health & Safety Institute. The Board proposes to amend N.J.A.C. 13:37A-2.1 and 2.3 to delete references to the American Safety and Health Institute, EMP International Inc., and EMS Safety Services Inc., and to replace them with reference to the Health & Safety Institute.
The Board has also received a request from ProTrainings to be recognized as an entity that can approve or offer courses in CPR, Firstaid, and use of an AED. The Board has reviewed the courses offered by ProTrainings and has determined that they are substantially similar to courses offered by the American Heart Association. The Board proposes to amend N.J.A.C. 13:37A-2.1 and 2.3 to include ProTrainings as an entity that can approve or offer courses in CPR, Firstaid, and use of an AED.
The Board has determined that the comment period for this proposal shall be 60 days; 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 believes that the proposed amendments at N.J.A.C. 13:37A-2.1 through 2.5 and 6.1 will benefit society by ensuring that massage and bodywork licensees and registered employers of licensed massage and bodywork therapists have the resources to cover any damages due to malpractice on their part and to allow an additional entity to provide training.
Economic Impact
The proposed amendments at N.J.A.C. 13:37A-2.1 through 2.5 and 6.1 will impose costs on massage and bodywork licensees and registered employers of licensed massage and bodywork therapists. These costs are outweighed by the benefits the public receives by ensuring that licensees and registered employers have the resources to cover any damages due to malpractice and are required by statute.
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 does not believe that the proposed amendments will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Any licensed massage and bodywork therapist or registered employer who qualifies as 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" would constitute a "small business" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (RFA). To the extent a licensed massage and bodywork therapist or registered employer 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 outlined in the Economic Impact above. The Board does not believe that licensees or registered employers will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments do not impose reporting or recordkeeping requirements, but do impose compliance requirements as detailed in the Summary above.
As the compliance requirements in the proposed amendments are necessary to ensure that licensees and registered employers have the resources to cover any damages due to malpractice, the Board believes that the proposed amendments must be uniformly applied to all licensees and registered employers and no exemptions are provided based on the size of the business. Furthermore, the minimum insurance requirements are dictated by statute, and the Board does not have the ability to deviate from this standard.
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 rulemaking would evoke a change in the average costs associated with housing because the proposed rules concern entities that may approve or offer courses in CPR, Firstaid, and use of an AED, and malpractice insurance requirements for licensees and registered employers.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rulemaking would [page=884] 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 entities that may approve or offer courses in CPR, Firstaid, and use of an AED, and malpractice insurance requirements for licensees and registered employers.
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 2. LICENSURE
13:37A-2.1 Application for licensure
(a)-(b) (No change.)
(c) An individual who applies for a license shall submit to the Board:
1.-4. (No change.)
5. Proof that the applicant has current certification in CPR, Firstaid, and use of an automated external defibrillator (AED) from courses offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., [the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.] the Health & Safety Institute, or ProTrainings; [and]
6.Proof of coverage by a professional liability insurance policy in a minimum amount of $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year; and
[6.] 7. The application fee set forth [in] at N.J.A.C. 13:37A-7.1.
(d)-(g) (No change.)
13:37A-2.2 Licensure by reciprocity
(a) (No change.)
(b) Prior to the issuance of the license, the Board shall have received:
1. (No change.)
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 that does 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 or does not have an office in New Jersey[.]; and
4. Proof of coverage by a professional liability insurance policy in a minimum amount of $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year.
(c)-(f) (No change.)
13:37A-2.3 Renewal of license
(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant shall attest that [the]:
1. The continuing education requirements [of] at N.J.A.C. 13:37A-4.1 have been completed during the prior biennial period [and that the];
2. The applicant is currently certified in CPR and use of an automated external defibrillator (AED) from courses offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., [the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.] the Health & Safety Institute, or ProTrainings; and
3. The applicant has coverage by a professional liability insurance policy in a minimum amount of $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year.
(b)-(g) (No change.)
13:37A-2.4 License reactivation
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:37A-2.3(d) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:
1.-2. (No change.)
3. The active renewal fee set forth [in] at N.J.A.C. 13:37A-7.1; [and]
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth [in] at N.J.A.C. 13:37A-4.1[.]; and
5. Proof of coverage by a professional liability insurance policy in a minimum amount of $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year.
(b)-(c) (No change.)
13:37A-2.5 License reinstatement
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:37A-2.3(f) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1.-4. (No change.)
5. The reinstatement fee set forth [in] at N.J.A.C. 13:37A-7.1; [and]
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth [in] at N.J.A.C. 13:37A-4.1[.]; and
7. Proof of coverage by a professional liability insurance policy in a minimum amount of $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year.
(b)-(c) (No change.)
SUBCHAPTER 6. BUSINESS REGISTRATION
13:37A-6.1 Registration of employers
(a)-(b) (No change.)
(c) An applicant for registration shall submit to the Board a completed application that includes:
1.-3. (No change.)
4. The criminal history background of the individual or the owner or operator of the entity; [and]
5.Proof of coverage by a professional liability insurance policy in a minimum amount of $ 1,000,000 per occurrence and $ 3,000,000 aggregate per policy year; and
[5.] 6. (No change in text.)
(d)-(e) (No change.)