Rule Proposal

VOLUME 49, ISSUE 12
ISSUE DATE: JUNE 19, 2017
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS

Proposed Amendment: N.J.A.C. 13:44H-3.6

Supervision of an Orthotist Assistant, Prosthetist Assistant, Prosthetist-Orthotist Assistant, Student or Holder of a Temporary License
 
Authorized By: Orthotics and Prosthetics Board of Examiners, ToniAnn Petrella-Diaz, Acting Executive Director.
 
Authority: N.J.S.A. 45:12B-26.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-098.
 
Submit written comments by August 18, 2017, to:
 
   ToniAnn Petrella-Diaz, Acting Executive Director
   Orthotics and Prosthetics Board of Examiners
   PO Box 45034
   124 Halsey Street
   Newark, NJ 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
 
The agency proposal follows:
 
Summary

N.J.A.C. 13:44H-2.1 and 2.2 set forth the scope of practice for licensed orthotist assistants and licensed prosthetist assistants. Those sections establish that licensed assistants may construct or assemble orthotic appliances and prosthetic appliances under the supervision of a licensed orthotist or licensed prosthetist. The scope of practice does not include fitting, adjusting, or servicing such appliances. N.J.A.C. 13:44H-3.6(g) requires the presence of a supervising orthotist or prosthetist when a licensed orthotist assistant, licensed prosthetist assistant, licensed prosthetist-orthotist assistant, student, or temporary licensee provides an initial evaluation of a patient or final provision of an orthotic or prosthetic appliance. As the initial evaluation of a patient and final provision of an appliance is not within the scope of practice of licensed [page=1668] assistants, the Orthotics and Prosthetics Board of Examiners (Board) proposes to amend N.J.A.C. 13:44H-3.6(g) to remove reference to assistants.

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

The proposed amendment addresses possible confusion about the tasks that licensed assistants may provide and will help to ensure that initial evaluations and the final provision of appliances are performed by the individuals properly prepared to provide these services.
 
Economic Impact

The Board does not believe that the proposed amendment 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 amendment.
 
Jobs Impact

The Board does not believe that the proposed amendment will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

The proposed amendment will not have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Statement

Since licensed orthotist assistants and licensed prosthetist assistants are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

The proposed amendment will not impose any costs on small businesses and the Board does not believe that licensed orthotist assistants or licensed prosthetist assistants will need to employ any professional services to comply with the proposed amendment. The proposed amendment does not impose any compliance, recordkeeping, or reporting requirements, therefore, a regulatory flexibility analysis is not required.
 
Housing Affordability Impact Analysis

The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns the presence of licensed orthotist assistants and licensed prosthetist assistants at the initial evaluation and final provision of orthotic and prosthetic appliances.
 
Smart Growth Development Impact Analysis

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment 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 concerns the presence of licensed orthotist assistants and licensed prosthetist assistants at the initial evaluation and final provision of orthotic and prosthetic appliances.
 
Full text of the proposal follows (addition indicated in boldface thus; deletion indicated in brackets [thus]):
 
SUBCHAPTER 3.    CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS
 
13:44H-3.6   Supervision of an orthotist assistant, prosthetist assistant, prosthetist-orthotist assistant, student, or holder of a temporary license
 
(a)-(f) (No change.)
 
(g) The supervising licensee shall be physically present at both the initial evaluation of the patient and the final provision of the orthotic or prosthetic device by a [licensed orthotist assistant, licensed prosthetist assistant, licensed prosthetist-orthotist assistant,] student or holder of a temporary license to determine the appropriateness of the device delivered.
 
(h)-(j) (No change.)