51 N.J.R. 1841(a)

VOLUME 51, ISSUE 24, DECEMBER 16, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1841(a)
NJ - New Jersey Register  >  2019  >  DECEMBER  >  DECEMBER 16, 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 Amendment: N.J.A.C. 13:39A-1.3  

Proposed New Rule: N.J.A.C. 13:39A-2.6


Text

  Physical Therapy Licensure Compact
Authorized By: State Board of Physical Therapy Examiners, Lisa Tadeo, Executive Director.
Authority: N.J.S.A. 45:9-37.18 and P.L. 2017, c. 304.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-162.

Submit comments by February 14, 2020, 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

P.L. 2017, c. 304 entered New Jersey into the Physical Therapy Licensure Compact (Compact). The Compact is an agreement between states in which physical therapists and physical therapist assistants licensed in one member-state may work in another member-state without obtaining a license in the second state. In order to work in the second state, a physical therapist or physical therapist assistant must obtain Compact privileges from the Physical Therapy Compact Commission (Commission), which authorizes practice in the second state.  
[page=1842] The Compact permits a member-state to charge a fee for Compact privileges to work in that state. This fee would be paid to the Commission, which forwards the fee to the second state that has granted Compact privileges. The fee is paid when Compact privileges are granted and when Compact privileges are renewed, which occurs whenever a physical therapist or physical therapist assistant renews his or her member license in the first state. The Compact also permits a member-state to impose jurisprudence requirements on physical therapists and physical therapist assistants seeking Compact privileges in the second state. The Board of Physical Therapy Examiners (Board) proposes an amendment and a new rule to recognize the provisions of the Compact.   

The proposed amendment to N.J.A.C. 13:39A-1.3 introduces a Compact privilege fee of $ 40.00. Proposed new N.J.A.C. 13:39A-2.6 requires physical therapists and physical therapist assistants working in New Jersey, under Compact privileges, to comply with Board rules, except for those governing credentialing of applicants, license renewal, and continuing education. The proposed amendment and new rule require those seeking to work in New Jersey, pursuant to Compact privileges, to pass the State jurisprudence examination and to pay the Compact privilege fee.   

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.   

Social Impact   

The Board does not believe that the proposed amendment and new rule will have any social impact.   

Economic Impact   

The proposed amendment and new rule will have an economic impact on physical therapists and physical therapist assistants seeking to work in New Jersey, pursuant to Compact privilege, in that these individuals will be required to pay the Compact privilege fee.   

Federal Standards Statement   

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment and new rule.   

Jobs Impact   

The Board does not believe that the proposed amendment and new rule will result in the creation or loss of jobs in the State. 

Agriculture Industry Impact   

The Board does not believe that the proposed amendment and new rule will have any impact on the agriculture industry in the State.  

Regulatory Flexibility Statement 

Since physical therapists and licensed physical therapist assistants with Compact privileges are individually authorized to practice in New Jersey, 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 economic impact on small businesses will be the same as on all businesses as detailed in the Economic Impact above. The Board does not believe that physical therapists or licensed physical therapist assistants with Compact privileges will need to employ any additional professional services to comply with the requirements of the rulemaking. The proposed amendment and new rule impose no reporting or recordkeeping requirements but impose compliance requirements upon physical therapists and licensed physical therapist assistants with Compact privileges, as detailed in the Summary above.  
The proposed amendment and new rule will protect the health, safety, and welfare of patients who receive services from physical therapists and physical therapist assistants with Compact privileges; therefore, no differing compliance requirements are provided to physical therapists or licensed physical therapist assistants with Compact privileges based upon the size of a business.   

Housing Affordability Impact Analysis  

The proposed amendment and new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment and new rule would evoke a change in the average costs associated with housing because the proposed amendment and new rule concern physical therapists and physical therapist assistants providing services in New Jersey, pursuant to Compact privileges.  

Smart Growth Development Impact Analysis   

The proposed amendment and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood the proposed amendment and new rule 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 amendment and new rule concern physical therapists and physical therapist assistants providing services in New Jersey, pursuant to Compact privileges.   

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 1.   AGENCY ORGANIZATION AND ADMINISTRATION   

13:39A-1.3   Fees and charges   

(a) The following fees shall be charged by the State Board of Physical Therapy Examiners:  
1.-12. (No change.)  
13.   Compact privilege fee ...............................  $ 40.00   

SUBCHAPTER 2.   PRACTICE AS A LICENSED PHYSICAL THERAPIST AND LICENSED PHYSICAL THERAPIST ASSISTANT   

13:39A-2.6   [(Reserved)]  Practice pursuant to Physical Therapy Licensure Compact (Compact)  
(a) Pursuant to N.J.S.A. 45:9-37.34.h, a physical therapist or physical therapist assistant working in New Jersey based solely on Compact privilege, as opposed to licensure in this State, shall comply with all of the rules in this chapter, except N.J.A.C. 13:39A-5, 5A, and 9.  
(b) Notwithstanding (a) above, a physical therapist or physical therapist assistant with Compact privilege to practice in New Jersey shall successfully pass the State jurisprudence examination required pursuant to N.J.A.C. 13:39A-5.3, prior to commencing practice in New Jersey.   

 (c) Prior to commencing practice in New Jersey, a physical therapist or physical therapist assistant with Compact privilege to practice in New Jersey shall pay the Compact privilege