53 N.J.R. 114(a)

VOLUME 53, ISSUE 2, JANUARY 19, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 114(a)
NJ - New Jersey Register  >  2021  >  JANUARY  >  JANUARY 19, 2021  >  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 Readoption with Amendments: N.J.A.C. 13:39A  

Proposed Repeals and New Rules: N.J.A.C. 13:39A-5.5 and 5A  

Proposed New Rules: N.J.A.C. 13:39A-4.3 and 5.2A


Text

  Rules of the State Board of Physical Therapy Examiners
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 2021-007.
Submit written comments by March 20, 2021, 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 State Board of Physical Therapy Examiners (the Board) proposes to readopt N.J.A.C. 13:39A with amendments, repeals, and new rules. But for any extension that may be available under Executive Order No. 127 (2020), these rules were scheduled to expire on November 15, 2020, pursuant to N.J.S.A. 52:14B-5.1. As the Board filed this notice of proposal prior to the expiration date, that date is extended 180 days to May 14, 2021, pursuant to N.J.S.A. 52:14B-5.1.c(2).  
In compliance with N.J.S.A. 52:14B-5.1, the Board undertook a thorough review of the existing provisions at N.J.A.C. 13:39A in order to delete or repeal unnecessary or unreasonable rules and to propose new rules that the Board believes are needed to clarify and assist the regulation of physical therapists and physical therapist assistants. The Board believes that the rules proposed for readoption with amendments, new rules, and repeals, are necessary, reasonable, understandable, and responsive to the purposes for which they were originally promulgated. These rules have had a beneficial impact on the regulation and conduct of physical therapists and physical therapist assistants. The following summarizes each subchapter in N.J.A.C. 13:39A and the changes proposed to the existing rules.  
Subchapter 1 sets forth the organization and administration of the Board. It sets forth requirements for electing officers to the Board, allows the chairperson to act prior to a Board meeting, and sets forth the fees the Board may charge. The Board proposes to amend N.J.A.C. 13:39A-1.1, so that the Board secretary will assume the duties of the chairperson if the chairperson and vice chairperson are absent from a Board meeting and there has been no express delegation of responsibility.  
Subchapter 2 sets forth practice standards for physical therapists and physical therapist assistants. It provides definitions for the terms used throughout N.J.A.C. 13:39A, the scope of practice for physical therapists, the scope of practice for physical therapist assistants, standards for delegating to unlicensed persons, and standards for referring patients to other health care professionals. The subchapter also sets forth standards for the provision of wound debridement by a licensed physical therapist.  
Subchapter 3 sets forth recordkeeping requirements. The subchapter also sets forth standards for fees for professional services, requirements for displaying the Board-issued license, requirements for notification to the Board of change of address, and prohibitions against professional misconduct and sexual misconduct. The Board proposes to amend [page=115] N.J.A.C. 13:39A-3.1 to require a licensed physical therapist to include home exercise programs as part of a patient's record, if the licensed physical therapist provided the patient with such a program.  
N.J.A.C. 13:39A-3.4 requires licensed physical therapists to explain financial arrangements to patients. The Board proposes to amend this rule to require licensed physical therapists to provide patients with financial arrangements in writing prior to the commencement of treatment. Licensed physical therapists would have to obtain the patient's signature on a copy of the written financial arrangements provided to the patient and maintain this signed copy as part of the patient's record.  
Subchapter 4 sets forth acts that constitute unlicensed practice and prohibits licensees from aiding or abetting unlicensed practice. Proposed new N.J.A.C. 13:39A-4.3 requires a person to hold a license from the Board if the person practices physical therapy. The proposed new rule provides exemptions to this requirement. A person will not need a license if he or she is a student in a physical therapy program, is licensed in another field and is practicing pursuant to that license, is practicing physical therapy as an employee of the Federal government, is licensed to practice medicine and surgery and is rendering utilization management decisions, or is licensed in another jurisdiction and is teaching in New Jersey, is providing physical therapy as an employee of an athletic team, is providing physical therapy in New Jersey during a declared disaster or emergency, or has to move to New Jersey due to a declared disaster or emergency. If a person is providing physical therapy based upon licensure in another jurisdiction, he or she would be limited to practicing in New Jersey for no more than 30 days in a calendar year.  
Subchapter 5 sets forth standards for issuing licenses to applicants. The rules set forth eligibility standards for obtaining licenses as physical therapists and physical therapist assistants, examination standards for licensure, and standards for issuing a license as a physical therapist assistant based upon education, training, and experience received while serving in the Armed Forces. Proposed new N.J.A.C. 13:39A-5.2A establishes standards as to when the Board may consider an application for licensure abandoned. An application for a license will be deemed abandoned if an applicant has not submitted all of the information and documentation required to obtain a license and one year has elapsed since the last notice was sent to the applicant regarding the deficiencies in his or her application. If an application is deemed abandoned, the Board will close the application without notice and dispose of any information or documentation submitted by the applicant pursuant to the Division of Consumer Affairs' record retention plan. An applicant whose application has been deemed abandoned may reapply for a license.  
N.J.A.C. 13:39A-5.5 sets forth procedures for obtaining a license through endorsement. The Board proposes to repeal and replace this rule to effectuate the provisions of N.J.S.A. 45:1-7.5. Proposed new N.J.A.C. 13:39A-5.5 allows the Board to issue a license to an applicant if the Board determines that the state in which the applicant is licensed has standards for licensure substantially equivalent to Board standards and the applicant has been practicing for at least one year within the five years prior to applying for a license. An applicant would have to submit documentation indicating that his or her license in the other state is in good standing. An applicant would also have to undergo a criminal history background check and designate an agent in New Jersey for service of process if he or she will not reside or have an office in New Jersey. The proposed new rule provides standards for determining if a license is in good standing and whether an examination is substantially similar to that required by the Board. The Board would be permitted to revoke a license obtained through fraud, deception, or misrepresentation. An applicant will be required to complete the online assessment module on New Jersey laws and rules governing the practice of physical therapy. The Board could grant a license to an applicant whose license was not in good standing due to a pending action, disciplinary proceeding, or criminal charge, as long as the alleged conduct that is the subject of the action, proceeding, or charge was not related to the practice of psychology.  
N.J.A.C. 13:39A-5.7 establishes the passing score on the Test of English as Foreign Language (TOEFL) examination. The Board proposes to amend this rule, so that the passing score would be the same as that established by the Federation of State Boards of Physical Therapy.  
Existing Subchapter 5A sets forth standards for renewing licensure and is proposed for repeal and replacement. N.J.A.C. 13:39A-5A.1 establishes requirements for biennial licensure renewal. The Board proposes the new rule to effectuate N.J.S.A. 45:1-7.1. Under the new rule, the Board would send out renewal notices that explain the option to renew as inactive. Licensees would be permitted to renew within 30 days of license expiration by paying a late renewal fee. A licensee who did not renew a license by the end of this 30-day late period would be suspended. A licensee who renews as inactive or whose license has been suspended could not engage in the practice of physical therapy.  
Existing N.J.A.C. 13:39A-5A.2 addresses change of licensure from inactive to active. The Board proposes to replace the existing rule with this new rule, so that it addresses license reactivation. The proposed new rule effectuates N.J.S.A. 45:1-7.4. A licensee seeking to reactive a license would be required to submit a renewal application, a certification of employment listing jobs held while the license was inactive, the active renewal fee, and evidence of having completed the continuing education credits required for the current renewal period. The proposed new rule would permit a licensee to satisfy continuing education requirements by showing that he or she completed the requirements of another state in which he or she was licensed. The proposed new rule would permit the Board to require a licensee to pass an examination, complete a refresher course, or meet any other Board imposed requirement, if the Board determines that there is a reason to conclude that the licensee would not be able to practice safely. The proposed new rules provides criteria for determining if a practice deficiency exists.  
N.J.A.C. 13:39A-5A.3 addresses reinstatement of suspended licenses. The Board proposes this new rule to effectuate N.J.S.A. 45:1-7.4. The proposed new rule requires a licensee seeking to reinstate a license to submit a reinstatement application, a certification of employment listing jobs held during the period a license was suspended, the current renewal fee and the past due fee from the last renewal period, a reinstatement fee, and evidence of completing the continuing education credits required for the current renewal period. A licensee could satisfy continuing education requirements by showing that he or she completed the requirements of another state in which he or she was licensed. The proposed new rule would permit the Board to require a licensee to pass an examination, complete a refresher course, or meet any other Board-imposed requirement, if the Board determines that there is a reason to conclude that the licensee would not be able to practice safely. The proposed new rule provides criteria for determining if a practice deficiency exists.  
Subchapter 6 sets forth standards for issuing temporary licenses to physical therapists and physical therapist assistants licensed in another state in cases of medical emergency or teaching assignment. The rules require the supervision of a temporary visiting licensed physical therapist assistant by a New Jersey licensed physical therapist.  
Subchapter 7 sets forth supervision requirements for physical therapist assistants. The rules set forth the responsibilities of designated supervising licensed physical therapists and licensed physical therapist assistants.  
Subchapters 7A and 7B are reserved.  
Subchapter 8 sets forth requirements for advertising.  
Subchapter 9 imposes continuing education and competency requirements on licensees. Licensees are required to complete 30 credits every biennial period as a requirement of renewal. N.J.A.C. 13:39A-9.3 sets forth the courses that licensees may complete to obtain continuing education and competency credits. The Board proposes new subsection (c), so that, if a licensee leaves a course prior to the end of the course, the provider will assign partial credit for the course. This partial credit would be calculated based on the amount of time the licensee attended the course. N.J.A.C. 13:39A-9.6 sets forth requirements for providers of continuing education and competency courses. The existing rule requires providers to submit course information to the Board at least 45 days prior to the date of the course. The Board proposes to amend this provision, so that course information would be submitted at least 45 "business" days prior to the date of the course. The Board also proposes new subsection (b) to establish the criteria for determining whether a continuing education and competency instructor is qualified to teach a course.  
The Board has determined that the comment period for this notice of 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.  
[page=116]    
Social Impact  
The rules proposed for readoption with proposed amendments, new rules, and repeals have had a beneficial impact on society by establishing licensure procedures and standards of practice for physical therapists and physical therapist assistants. Regulatory authority over physical therapists and physical therapist assistants protects the public by ensuring that physical therapy services are rendered by competent individuals who have the knowledge and skills appropriate to practice physical therapy. Additionally, the public is shielded from being misled by incompetent or unauthorized persons and from unprofessional conduct on the part of licensed physical therapists and licensed physical therapist assistants.  
Proposed new N.J.A.C. 13:39A-5A.2 and 5A.3 will make it easier for licensed physical therapists or licensed physical therapist assistants to resume practicing after a period of inactivation or suspension. The proposed new rules allow licensees to satisfy the Board's continuing education requirements by submitting proof of compliance with another state's continuing education requirements. The Board will have the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.  
Economic Impact  
The rules proposed for readoption with proposed amendments, new rules, and repeals will impose costs on licensed physical therapists and licensed physical therapist assistants. The fee schedule in Subchapter 1 is projected to yield revenues sufficient to cover expenses incurred by the Board for the functions it performs. These fees are not being changed.  
Maintenance of patient records as mandated at Subchapter 3 will have an economic impact on licensees. Licensees will incur costs when they establish and maintain detailed records for every client for seven years from the date of the last entry. Licensees will also incur costs in order to comply with computer recordkeeping requirements. Licensees may also incur a minimal expense in having to post notices on their office premises. The provisions in Subchapter 5 will have an impact on all individuals seeking licensure as physical therapists in New Jersey. All applicants for licensure will incur costs associated with obtaining the education required prior to sitting for the licensure examination. Individuals seeking licensure will also have to pay an examination fee, as well as the costs associated with submitting an education transcript to the Board for review prior to sitting for the examination. Another cost will be incurred by applicants educated in a foreign country where English is not the primary language. These individuals are required to take either TOEFL examination and will have to pay the test fee.  
Proposed new N.J.A.C. 13:39A-5A.2 and 5A.3 may have a positive economic impact upon licensed physical therapists and licensed physical therapist assistants seeking to reactivate or reinstate licensure. Accepting continuing education requirements of another state would save licensed physical therapists and licensed physical therapist assistants the costs associated with completing the Board's continuing education requirements. Licensees seeking reinstatement may realize a positive economic benefit because they will no longer be required to pay all past delinquent renewal fees. There may be a negative economic impact for licensees who are seeking reactivation or reinstatement if the Board deems them in need of remediation and they are required to pass an examination or complete additional education or training.  
The continuing education requirements of Subchapter 9 impose costs on licensees. Every licensee is required to complete continuing education every biennial period. The costs for obtaining this education is borne by licensees.  
Federal Standards Statement  
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the rules proposed for readoption with proposed amendments, new rules, and repeals.  
Jobs Impact  
The Board does not believe that the rules proposed for readoption with proposed amendments, new rules, and repeals will either increase or decrease jobs in the State.  
Agriculture Industry Impact  
The Board does not believe that the rules proposed for readoption with proposed amendments, new rules, and repeals will have any impact on the agriculture industry of this State.  
Regulatory Flexibility Analysis  
As licensed physical therapist and licensed physical therapist assistants are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.  
The costs imposed on small businesses by the rules proposed for readoption with proposed amendments, new rules, and repeals are the same costs that are imposed on all businesses as outlined in the Economic Impact above. The Board believes that licensees will not need to employ the professional services to comply with the rules proposed for readoption with proposed amendments, new rules, and repeals. The rules contain no reporting requirements; however, the rules contain recordkeeping and compliance requirements that are described in the Summary above.  
As the compliance and recordkeeping requirements contained in the rules proposed for readoption with proposed amendments, new rules, and repeals are necessary to adequately regulate licensed physical therapists and licensed physical therapist assistants and protect the health, safety, and welfare of consumers who use their services, the Board believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of a licensee's business.  
Housing Affordability Impact Analysis  
The rules proposed for readoption with proposed amendments, new rules, and repeals 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 rules proposed for readoption with proposed amendments, new rules, and repeals concern the regulation of licensed physical therapists and licensed physical therapist assistants.  
Smart Growth Development Impact Analysis  
The rules proposed for readoption with proposed amendments, new rules, and repeals 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 rules proposed for readoption with proposed amendments, new rules, and repeals concern the regulation of licensed physical therapists and 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 rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:39A.  
Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:39A-5.5 and 5A.  
Full text of the proposed amendments and new rules follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):  
SUBCHAPTER 1.   AGENCY ORGANIZATION AND ADMINISTRATION  
13:39A-1.1 Election of officers  
The membership of the State Board of Physical Therapy Examiners shall once each year elect a chairperson, vice chairperson, and a secretary. The chairperson shall have the responsibility to conduct all meetings unless, in his or her discretion, a delegation of that responsibility is made. In the absence of the chairperson and an express delegation of responsibility, the vice chairperson shall assume all of the duties of chairperson.   In the absence of the chairperson and vice chairperson, and in the absence of an express delegation of responsibility, the secretary shall assume all of the duties of chairperson.  
[page=117] SUBCHAPTER 3.         BUSINESS PRACTICES; PROFESSIONAL CONDUCT  
13:39A-3.1 Patient records  
(a)-(b) (No change.)  
(c) The patient record shall include, in addition to personal identifying information, consents, and disclosures, at least the following information:  
1.-8. (No change.)  
9.    Home exercise programs, if provided to the patient;  
Recodify existing 9.-13. as   10.-14. (No change in text.)  
(d)-(e) (No change.)  
13:39A-3.4 Financial arrangements with clients and third party payors  
(a) (No change.)  
(b) Prior to the initiation of physical therapy, the licensed physical therapist or the licensed physical therapist's designee shall [explain to the patient], in an understandable manner,   provide,   in writing, the financial arrangements  prior to initiation of treatment. The licensed physical therapist or licensed physical therapist's designee shall have the patient sign a copy of the written financial arrangements and maintain the signed copy as part of the patient's record. The information provided to the patient shall include, but not be limited to:  
1.-4. (No change.)  
(c)-(e) (No change.)  
SUBCHAPTER 4.   UNLICENSED PRACTICE  
13:39A-4.3        License requirements and exemptions  
(a) No person shall practice physical therapy or act as a physical therapist or physical therapist assistant, unless the person holds a license from the Board or is exempt from licensing requirements pursuant to (b) below.  
(b) A person shall be exempt from the licensure requirement of (a) above, if he or she is:  
1. A student enrolled in a school or post-graduate course of physical therapy or in a course of study for training as a physical therapist assistant that is approved or recognized by the Board and is performing physical therapy or acting as a physical therapist assistant as part of his or her course of study or as part of a pro bono community-based service project under the supervision of a physical therapist licensed by the Board;  
2. Licensed to practice in New Jersey and is engaging in the practice for which he or she is licensed and he or she does not represent himself or herself as a physical therapist or physical therapist assistant;  
3. Employed by an agency, bureau, or division of the Federal government and is practicing physical therapy within the scope of his or her official duties;  
4. Licensed as a physical therapist in another jurisdiction of the United States or credentialed to practice physical therapy in another country and he or she is teaching, demonstrating, or providing physical therapy services in connection with teaching or participating in an educational seminar for no more than 30 days in a calendar year, or he or she is licensed or certified as a physical therapist assistant in a jurisdiction of the United States and is assisting such a physical therapist;  
5. Licensed as a physical therapist in a jurisdiction of the United States or credentialed in another country and he or she, by contract or employment, is providing physical therapy to patients affiliated with, or employed by, established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the State for no more than 30 days in a calendar year, or he or she is licensed or certified as a physical therapist assistant in a jurisdiction of the United States and is assisting such a physical therapist;  
6. Licensed as a physical therapist in another jurisdiction of the United States and he or she is providing physical therapy in New Jersey during a declared local, State, or national disaster or emergency, for no longer than 30 days following the declaration of the emergency, and he or she has notified the Board of his or her intent to practice, or he or she is licensed or certified as a physical therapist assistant in a jurisdiction of the United States and is assisting such a physical therapist;  
7. Licensed as a physical therapist in another jurisdiction of the United States and is forced to leave his or her residence or place of employment due to a declared local, State, or national disaster or emergency and, due to such displacement, he or she seeks to practice physical therapy, for no more than 30 days following the declaration of the emergency, and he or she has notified the Board of his or her intent to practice; or  
8. Licensed to practice medicine and surgery in New Jersey and is rendering a utilization management decision that limits, restricts, or curtails a course of physical therapy care.  
SUBCHAPTER 5.   CREDENTIALING OF APPLICANTS  
13:39A-5.2A     Abandonment of application for licensure  
(a) An application for a license submitted to the Board will be deemed abandoned if:  
1. The individual applying for the license has not submitted to the Board all the information and documentation required to obtain a license pursuant to N.J.A.C. 13:39A-5.1, 5.2, or 5.5; and  
2. One year has elapsed since the last notice to the applicant was sent by the Board informing him or her that the Board had not received all of the information and documentation required for licensure.  
(b) If an application for licensure is deemed abandoned pursuant to (a) above, the Board shall administratively close the application without notice to the applicant and shall dispose of any information or documentation submitted by the applicant pursuant to the Division of Consumer Affairs' record retention plan.  
(c) An individual whose application for licensure has been administratively closed by the Board pursuant to (a) above may reapply for licensure pursuant to N.J.A.C. 13:39A-5.1, 5.2, or 5.5.   
13:39A-5.5        Licensure by reciprocity  
(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:  
1. The Board determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;  
2. The applicant has been practicing as a licensed physical therapist or licensed physical therapist assistant for a period of at least one year within the five years prior to the date of application; and  
3. The requirements of (b) below are satisfied.  
(b) Prior to the issuance of the license, the Board shall have received:  
1. Documentation that the applicant's license in the other state is in good standing;  
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 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 and does not have an office in New Jersey.  
(c) For purposes of this section, "good standing" means that:  
1. No action has been taken against the applicant's license by any licensing board;  
2. No action adversely affecting the applicant's privileges to practice physical therapy has been taken by any out-of-State institution, organization, or employer;  
3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice physical therapy;  
4. All fines levied by any out-of-State board have been paid; and  
[page=118]   5. There is no pending or final action by any criminal authority for violation of law or rule, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense   involving any controlled dangerous substance or controlled dangerous substance analog.  
(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.  
(e) The Board, after the licensed physical therapist or licensed physical therapist assistant has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.  
(f) An applicant shall successfully complete the online jurisprudence assessment module.  
(g) The Board may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement of (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest does not demonstrate a serious inability to practice physical therapy, adversely affect the public health, safety, or welfare, or result in economic or physical harm to a person, or create a significant threat of such harm.  
13:39A-5.7   Language comprehension requirements  
(a) (No change.)  
(b) A passing score on the TOEFL examination shall be [a score of at least 220. A passing score on the TOEFL IBT examination shall be a score of at least 24 on the writing portion, at least 26 on the speaking portion, at least 18 on the listening portion and at least 21 on the reading portion]   the same as that established by the Federation of State Boards of Physical Therapy.  
(c) (No change.)  
SUBCHAPTER 5A.          LICENSE RENEWAL  
13:39A-5A.1     Biennial license renewal; inactive status  
(a) The Board shall send a notice of renewal to each licensed physical therapist or licensed physical therapist assistant at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensed physical therapist or licensed physical therapist assistant 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 licensed physical therapist or licensed physical therapist assistant shall renew his or her license for a period of two years from the last expiration date. The licensed physical therapist or licensed physical therapist assistant shall submit a renewal application to the Board, along with the renewal fee set forth at N.J.A.C. 13:39A-1.3, prior to the date of license expiration.  
(c) A licensed physical therapist or licensed physical therapist assistant may renew his or her license by choosing inactive status. A licensed physical therapist or licensed physical therapist assistant electing to renew as inactive shall not engage in the practice of physical therapy, or hold himself or herself out as eligible to engage in the practice of physical therapy in New Jersey, until such time as the license is returned to active status.  
(d) If a licensed physical therapist or licensed physical therapist assistant does not renew the license prior to its expiration date, the licensed physical therapist or licensed physical therapist assistant 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 at N.J.A.C. 13:39A-1.3. During this 30-day period, the license shall be valid and the licensed physical therapist or licensed physical therapist assistant shall not be deemed practicing without a license.  
(e) A licensed physical therapist or licensed physical therapist assistant 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 licensed physical therapist or licensed physical therapist assistant who continues to engage in the practice of physical therapy with a suspended license shall be deemed to be engaging in the unlicensed practice of physical therapy 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.  
13:39A-5A.2     License reactivation  
(a) A licensed physical therapist or licensed physical therapist assistant who holds an inactive license pursuant to N.J.A.C. 13:39A-5A.1(c) may apply to the Board for reactivation of an inactive license. A licensed physical therapist or licensed physical therapist assistant 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 that 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 at N.J.A.C. 13:39A-1.3; and  
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:39A-9.2.  
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of physical therapy and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above shall apply.  
(c) To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Board will allow applicants to take the courses within 12 months following reactivation.  
(d) 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, education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of 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 may consider the following:  
1. Length of time license was inactive;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
[page=119]   6. Pending proceedings against a professional or occupational license issued to the licensed physical therapist or licensed physical therapist assistant by a professional or occupational 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 physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.  
13:39A-5A.3     Reinstatement of suspended license  
(a) A licensed physical therapist or licensed physical therapist assistant who has had his or her license suspended pursuant to N.J.A.C. 13:39A-5A.1(e) may apply to the Board for reinstatement. A licensed physical therapist or licensed physical therapist assistant applying for reinstatement shall submit:  
1. A reinstatement application;  
2. A certification of employment listing each job held during the period of suspended license that includes the name, address, and telephone number of each employer;  
3. The renewal fee set forth at N.J.A.C. 13:39A-1.3 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 at N.J.A.C. 13:39A-1.3; and  
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:39A-9.2.  
(b) An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of physical therapy and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any continuing education requirements, the requirements of (a)6 above apply.  
(c) To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial/triennial period for which reinstatement is sought, the Board will allow applicants to take the courses within 12 months following reinstatement.  
(d) 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, education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of 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 may consider the following:  
1. Length of time license was suspended;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of physical therapy 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 licensed physical therapist or licensed physical therapist assistant by a professional or occupational 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 physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.  
SUBCHAPTER 9.   CONTINUING EDUCATION AND COMPETENCY  
13:39A-9.3 Acceptable course offerings; credit hour calculation  
(a)-(b) (No change.)  
(c)   If a licensed physical therapist or licensed physical therapist assistant leaves a course, program, or seminar approved pursuant to (b) above prior to the end of the course, program, or seminar, the provider shall assign partial credit for the course, program, or seminar, based on the amount of time the licensed physical therapist or licensed physical therapist assistant attended the course, program, or seminar, as indicated by attendance sheets maintained by the sponsor pursuant to N.J.A.C. 13:39A-9.6(a).  
Recodify existing (c)-(j) as   (d)-(k) (No change in text.)  
13:39A-9.6 Responsibilities of continuing education and competency providers  
(a) All providers of continuing education and competency not included in N.J.A.C. 13:39A-9.3(b) shall:  
1. At least 45   business  days prior to the date of the course, program, or seminar, submit the following for each course, program, or seminar offered for evaluation by the Board:  
i. (No change.)  
ii. The curriculum vitae of each [lecturer, including specific background which qualifies the individual as a lecturer in the area of instruction]   instructor    that indicates the lecturer has met the requirements of (b) below;  
iii.-iv. (No change.)  
2.-6. (No. change.)  
(b)   In order to be qualified to instruct a continuing education course, an instructor shall:  
1. If licensure is required to practice his or her profession, hold a current license to practice;  
2. Maintain a list of continuing education coursework completed and taught by the instructor for the last five years; and  
3. Have:  
i. Been employed in the topic area of the course within the past five years;  
ii. Published an article for peer reviewed journals in the topic area of the course within the past five years; or  
iii. Written a chapter for academic textbooks in the topic area of the course within the past five years.