51 N.J.R. 911(a)

VOLUME 51, ISSUE 12, JUNE 17, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 911(a)
NJ - New Jersey Register  >  2019  >  JUNE  >  JUNE 17, 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 > BOARD OF EXAMINERS OF OPHTHALMIC DISPENSERS AND OPHTHALMIC TECHNICIANS

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:33-6.1
Text

Continuing Education

Authorized By: New Jersey 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 2019-088.

Submit written comments by August 16, 2019, to:

   Renee Clark, Executive Director
   State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians
   PO Box 45031
   Newark, New Jersey 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 impose new standards for continuing education courses. N.J.A.C. 13:33-6.1 requires ophthalmic dispensers to complete 12 credits of continuing education every biennial period, of which at least three credits must be in dispensing of contact lenses. The Board proposes to amend this rule to require that two credits be in statutes and rules governing the practice of ophthalmic dispensing and at least five credits be in topics relevant to the practice of ophthalmic dispensing. The Board also proposes to amend the rule, so that ophthalmic dispensers could take no more than two credits of continuing education in topics related to management, sales, or marketing.

Proposed amendments to N.J.A.C. 13:33-6.1 would require newly licensed ophthalmic dispensers to complete one credit of continuing education in blood borne pathogens. During the 2021-2022 biennial renewal period, currently licensed ophthalmic dispensers would also be required to complete one credit in blood borne pathogens. N.J.A.C. 13:33-6.1 imposes requirements on sponsors of continuing education courses. The Board proposes to amend these provisions to require sponsors to maintain records of attendance for courses for at least six years from the date of the course.

[page=912] 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 anticipate that the rulemaking will have any social impact.

Economic Impact

The Board does not believe that the rulemaking will have any 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 increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Board does not believe that the rulemaking will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Since the ophthalmic dispensers 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. Continuing education sponsors may also be considered "small businesses" under the Act.

The proposed amendments will not impose any costs. The Board does not believe that ophthalmic dispensers will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting requirements; but do impose compliance and recordkeeping requirements as detailed in the Summary above.

As the proposed amendments ensure the validity of continuing education completed by ophthalmic dispensers, no differing compliance requirements are provided for any ophthalmic dispensers based on 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 continuing education requirements for ophthalmic dispensers.

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 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.

Regulations

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 credits per biennial period of approved continuing education course work[, of which a minimum of three such credits shall be in the dispensing of contact lenses in compliance with N.J.A.C. 13:33-6.2] as set forth in (c), (d), and (e) below. One credit shall equal one hour of attendance at an approved course. Two credits may be carried over into a succeeding biennial period only if earned during the last six months of the preceding biennial period.

(c) The 12 credits required under (b) above shall consist of:

1. Two credits in statutes and rules governing the practice of ophthalmic dispensing;
2. At least five credits in topics relevant to the practice of ophthalmic dispensing; and
3. At least three credits in dispensing of contact lenses in compliance with N.J.A.C. 13:33-6.2.
(d) No more than two of the 12 credits required under (b) above may be in topics related to management, sales, or marketing.
(e) An ophthalmic dispenser applying for his or her first biennial renewal shall have completed one credit of continuing education on blood borne pathogens, which includes information on how blood borne pathogens are spread, how to avoid exposure to blood borne pathogens, and what to do if exposed to blood borne pathogens.
(f) During the biennial renewal period beginning on January 1, 2021, every ophthalmic dispenser shall complete one credit of continuing education on blood borne pathogens, which includes information on how blood borne pathogens are spread, how to avoid exposure to blood borne pathogens, and what to do if exposed to blood borne pathogens.
Recodify existing (c)-(f) as (g)-(j) (No change in text.)

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

1.-3. (No change.)

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

[(h)] (l) (No change in text.)