54 N.J.R. 336(a)

VOLUME 54, ISSUE 4, FEBRUARY 22, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 336(a)
NJ - New Jersey Register  >  2022  >  FEBRUARY  >  FEBRUARY 22, 2022  >  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 BOARD OF NURSING

Administrative Code Citation


Proposed New Rules: N.J.A.C. 13:37-5.4 and 14.18
Text

  Power of Attorney and Loan Ban
Authorized By: State Board of Nursing, Joanne Leone, Executive Director.
Authority: N.J.S.A. 45:11-24.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2022-019.
Submit written comments by April 23, 2022, to:

Joanne Leone, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101

or electronically at:

http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:
Summary
The Board of Nursing (Board) proposes two new rules to prohibit nurses and certified homemaker-home health aides from having power of attorney over patients or clients and from accepting loans from patients or clients. The proposed new rules also require that, when a nurse or certified homemaker-home health aide receives a gift worth more than $ 50.00 from patients or clients, the nurse or certified homemaker-home health aide must document the receipt of the gift.  
Proposed new N.J.A.C. 13:37-5.4 prohibits a registered professional nurse, licensed practical nurse, or advanced practice nurse from having power of attorney over a patient or former patient. The proposed new rule also prohibits a nurse from accepting a monetary loan from a patient or former patient. If a nurse receives a gift worth more than $ 50.00 from a patient, patient's family, or patient's guardian, the nurse would be required to document the value of the gift and the date it was provided. This document must also include the name and signature of the patient, patient's family, or patient's guardian who provided the gift. This document must be maintained by the nurse and be provided to the Board upon request. Failure to comply with the requirements of the proposed new rule would be deemed professional misconduct pursuant to N.J.S.A. 45:1-21, subjecting the nurse to discipline by the Board.  
Proposed new N.J.A.C. 13:37-14.18 prohibits a certified homemaker-home health aide from having power of attorney over a client or former client. The proposed new rule also prohibits a certified homemaker-home health aide from accepting a monetary loan from a client or former client. If a certified homemaker-home health aide receives a gift worth more than $ 50.00 from a client, client's family, or client's guardian, the certified homemaker-home health aide would be required to document the value of the gift and the date it was provided. This document must also include the name and signature of the client, client's family, or client's guardian who provided the gift and must be signed by the certified homemaker-home health aide and a representative of the agency that employs the certified homemaker-home health aide. The document would have to be maintained by the agency that employs the certified homemaker-home health aide and would have to be provided to the Board upon request. Failure to comply with the requirements of the proposed new rule would be deemed professional misconduct pursuant to N.J.S.A. 45:1-21, subjecting the homemaker-home health aide to discipline by the Board.  
[page=337] The Board has determined that the comment period for this notice of proposal will 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 new rules will protect patients and clients who receive services from nurses and certified homemaker-home health aides in that they address inappropriate relationships and financial transactions between nurses and patients and between certified homemaker-home health aides and clients.  
Economic Impact  
The proposed new rules will impose costs on nurses and certified homemaker-home health aides by requiring them to document gifts valued at more than $ 50.00 and to maintain this documentation. The Board does not believe that the proposed new rules will have any other economic impact.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed new rules do not involve any Federal standards or requirements.  
Jobs Impact  
The Board does not believe that the proposed new rules will result in an increase or decrease in the number of jobs in New Jersey.  
Agriculture Industry Impact  
The Board does not believe that the proposed new rules will have any impact on the agriculture industry of this State.  
Regulatory Flexibility Analysis  
Since nurses and certified homemaker-home health aides are individually licensed or certified 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 costs imposed on small businesses are the same as those imposed on all businesses as detailed in the Economic Impact statement. The Board does not believe that nurses and certified homemaker-home health aides will need to employ any professional services to comply with the requirements of the proposed new rules. The proposed new rules impose no reporting requirements but impose compliance and recordkeeping requirements as detailed in the Summary above.  
The Board believes that the proposed new rules further the welfare and safety of patients and clients who receive services from nurses and certified homemaker-home health aides. Therefore, the proposed new rules must be applied uniformly to all nurses and certified homemaker-home health aides.  
Housing Affordability Impact Analysis  
The proposed new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed new rules would evoke a change in the average costs associated with housing because the proposed new rules concern financial dealings by nurses and certified homemaker-home health aides.  
Smart Growth Development Impact Analysis  
The proposed new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed new 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 new rules concern financial dealings by nurses and certified homemaker-home health aides.  
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 proposed new rules follows:  
SUBCHAPTER 5.   GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE  
13:37-5.4   Power of attorney; financial misconduct  
(a) A licensee or certificant shall not have power of attorney over a patient or former patient.  
(b) A licensee or certificant shall not accept a monetary loan from a patient or former patient.  
(c) Any time a licensee or certificant is given money in an amount greater than $ 50.00, or a gift valued at greater than $ 50.00, directly by a patient, a patient's family, or a patient's guardian, the licensee or certificant must document:  
1. The amount of money or value of the gift;  
2. The date the gift was provided; and  
3. The name and signature of the patient, patient's family member, or patient's guardian who provided the gift.  
(d) The documentation required at (c) above shall be maintained by the licensee or certificant and be provided to the Board upon request.  
(e) Failure to comply with (a), (b), (c), or (d) above shall be deemed professional misconduct pursuant to N.J.S.A. 45:1-21(e).  
SUBCHAPTER 14. HOMEMAKER-HOME HEALTH AIDES  
13:37-14.18   Power of attorney; financial misconduct  
(a) A certified homemaker-home health aide shall not have power of attorney over a client or former client.  
(b) A certified homemaker-home health aide shall not accept a monetary loan from a client or former client.  
(c) Any time a certified homemaker-home health aide is given money in an amount greater than $ 50.00, or a gift valued at greater than $ 50.00, directly by a client, a client's family, or a client's guardian, the certified homemaker-home health aide must document:  
1. The amount of money or value of the gift;  
2. The date the gift was provided; and  
3. The name and signature of the client, client's family member, or client's guardian who provided the gift.  
(d) The documentation required at (c) above shall be:  
1. Signed by the certified homemaker-home health aide and a representative of the agency that employs the homemaker-home health aide;  
2. Maintained by the agency that employs the homemaker-home health aide; and  
3. Provided to the Board upon request.  
(e) Failure to comply with (a), (b), (c), or (d) above shall be deemed professional misconduct pursuant to N.J.S.A. 45:1-21(e).