50 N.J.R. 1931(a)

VOLUME 50, ISSUE 17, SEPTEMBER 4, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 1931(a)
NJ - New Jersey Register  >  2018  >  SEPTEMBER  >  SEPTEMBER 4, 2018  >  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 MEDICAL EXAMINERS

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:35-2B.8 and 6.15

Text

Credit-Hour Requirements; Continuing Medical Education

Authorized By: State Board of Medical Examiners, William Roeder, Executive Director.

Authority: N.J.S.A. 45:9-2.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2018-080.

Submit written comments by November 3, 2018, to:

   William Roeder, Executive Director
   Board of Medical Examiners
   140 East Front Street, 2nd Floor
   PO Box 183
   Trenton, New Jersey 08625
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

P.L. 2017, c. 28 requires physicians and physician assistants to complete one credit of continuing education in topics concerning prescription opioid drugs every biennial renewal period. These topics would have to include responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion. The Board of Medical Examiners (Board) proposes to add new N.J.A.C. 13:35-2B.8(b), which requires physician assistants to complete 50 continuing education credits in Category I courses. The Board also proposes to add new N.J.A.C. 13:35-6.15(c), which requires physicians to complete at least 40 continuing education credits in Category I courses, to effectuate the requirements of P.L. 2017, c. 28. The Board also proposes to amend N.J.A.C. 13:35-6.15(b), which requires physicians to complete two credits of continuing education in end-of-life care, to relocate the final sentence to new subsection (c).

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 amendments will promote physicians' and physician assistants' awareness of the risks of prescribing opioids.

Economic Impact

The Board does not anticipate that the proposed amendments will have any economic impact. N.J.A.C. 13:35-2B.8 and 6.15 already require physician assistants and physicians to complete continuing education. The proposed amendments will not increase the number of continuing education credits and, therefore, will not impose new costs on physician assistants or physicians.

[page=1931] 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 result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

Since physicians and physician assistants 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.

The proposed amendments impose no new costs and the Board does not believe that physicians or physician assistants will need to employ any additional professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting or recordkeeping requirements, but do impose compliance requirements upon physicians and physician assistants as detailed in the Summary above.
The proposed amendments ensure that physicians and physician assistants have education as to the risks of prescribing opioids; therefore, no differing compliance requirements are provided to physicians or physician assistants based upon 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 physicians and physician assistants.

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 physicians and physician 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.

Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 2B.    LIMITED LICENSES: PHYSICIAN ASSISTANTS

13:35-2B.8    Credit-hour requirements

(a) (No change.)

(b) Commencing with the biennial renewal period beginning on September 1, 2017, one of the 50 continuing education credits required under (a) above shall, pursuant to P.L. 2017, c. 28, be in programs or topics concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.

[(b)] (c) (No change in text.)

SUBCHAPTER 6.   GENERAL RULES OF PRACTICE

13:35-6.15 Continuing medical education

(a) (No change.)

(b) Except as provided in [(c)] (d) below, a licensee applying for a biennial license renewal shall complete 100 continuing medical education credits in Category I or Category II courses, of which at least 40 of such credits shall be in Category I.

(c) Commencing with the biennial renewal period beginning on July 1, 2013, two of the 40 credits in Category I courses shall, pursuant to P.L. 2011, c. 145 (N.J.S.A. 45:9-7.7), be in programs or topics related to end-of-life care. Commencing with the biennial renewal period beginning on July 1, 2017, one of the 40 credits in Category I courses shall, pursuant to P.L. 2017, c. 28, be in programs or topics concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.

Recodify existing (c)-(k) as (d)-(l) (No change in text.)