51 N.J.R. 1249(a)

VOLUME 51, ISSUE 15, AUGUST 5, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1249(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 5, 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 MEDICAL EXAMINERS > ELECTROLOGISTS ADVISORY COMMITTEE

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:35-12.6 and 12.19
Text

Curriculum Standards, Continuing Education

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

Authority: N.J.S.A. 45:9-37.81 and 37.83.

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

Proposal Number: PRN 2019-109.

Submit comments by October 4, 2019, to:

   Jay A. Malanga, Executive Director
   Electrologists Advisory Committee
   124 Halsey Street
   PO Box 45041
   Newark, New Jersey 07101
   or electronically: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

The State Board of Medical Examiners (Board) in consultation with the Electrologists Advisory Committee (Committee) is proposing amendments to its curriculum requirements for licensure and continuing education requirements.

N.J.S.A. 45:9-37.83 requires that an applicant for licensure as an electrologist complete an electrology education program approved by the Board, in consultation with the Committee, including at least 200 hours of instruction in the theory of electrology and at least 400 hours of instruction in the clinical practice of electrology. Alternatively, the licensee must complete another state's substantially equivalent education program. Existing N.J.A.C. 13:35-12.6(a)4i establishes that an electrology education program must be accredited by the Council on Accreditation of Electrology Educational Institutions/Programs of the American Electrology Association. However, this accrediting body no longer exists. The Board, therefore, is proposing amendments to establish the curriculum requirements for an electrology education program.

The Board proposes to amend N.J.A.C. 13:35-12.6(a)4i to remove reference to the Council on Accreditation of Electrology Educational Institutions/Programs of the American Electrology Association. In addition, the Board proposes new N.J.A.C. 13:35-12.6(b)1 and 2 to [page=1250] specify the minimum number of hours and the required topic areas to satisfy the required 200 hours of instruction in the theory of electrology and the required content area for the 400 hours of instruction in the clinical practice of electrology. The Board also proposes new N.J.A.C. 13:35-12.6(b)3 to specify that all hours of theory must be completed prior to practical work being performed on the general public. In addition, the Board proposes new N.J.A.C. 13:35-12.6(b)4 to require the instruction in clinical practice to be conducted in-person, and to specify that webinars and distance learning courses will not satisfy the clinical practice requirement.

The Board proposes to amend N.J.A.C. 13:35-12.19(c)1 to reduce from six to three, the number of continuing education credits required for universal precautions and to remove the in-person attendance requirement for this subject matter. The Board believes that three credits in universal precautions each biennial period is sufficient for protecting the welfare and safety of the public. In addition, the Board proposes to amend N.J.A.C. 13:35-12.19(c)2 to expand access to continuing education programs by removing the in-person attendance requirement. In addition, consistent with the reduction from six to three credits for universal precautions, the Board also proposes to increase from 14 to 17 credits, the total number of remaining credits required each biennial period.

The Board proposes to delete N.J.A.C. 13:35-12.19(d), which imposes differing standards for reinstatement of an administratively suspended license based upon the period of suspension. In accordance with N.J.S.A. 45:1-7.4, the Board must evaluate applicants for reinstatement on a case-by-case basis; if an applicant can demonstrate competency, he or she would be able to reinstate his or her license without retaking an examination. In addition, the applicant is not required to complete continuing education for each biennial licensure period for which the license was suspended. Instead, an applicant for reinstatement is required to complete only the continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought.

Consistent with the proposed amendments to N.J.A.C. 13:35-12.19(c) to remove the in-person attendance requirement, the Board proposes to amend N.J.A.C. 13:35-12.19(i)6 to remove the cap on the number of credits that may be earned through correspondence, self-study, televised, videotaped, teleconference, and internet courses.
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 Board believes that the proposed amendments to N.J.A.C. 13:35-12.19 that eliminate the cap on the number of credits that may be earned through correspondence, self-study, televised, videotaped, teleconference, and internet courses, may have a positive impact on licensees by giving them more freedom to choose the sources of their continuing education credits.

The Board also believes that the proposed amendments to the curriculum requirements will establish an objective curriculum standard to ensure the quality and competency of licensees, thereby, protecting the welfare of the public.

Economic Impact

The Board believes that the proposed amendments will not have any economic impact on the public. By removing the restrictions regarding the maximum number of credits that may be earned through correspondence, self-study, televised, videotaped, teleconference, and internet courses, the proposed amendments to N.J.A.C. 13:35-12.19 may have a positive economic impact on licensees because of decreased costs to complete continuing education requirements resulting from licensees being able to satisfy all of their continuing education obligations through lower-cost methods. The Board further believes that the proposed amendments may have a small impact on continuing education providers. Continuing education providers that develop distance learning programs may be able to offset a loss, if any, of revenues from decreased attendance at live events. Although the tuition for distance learning programs may be lower than for live events, distance learning programs may attract more students than live events because of their convenience.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:9-37.76 et seq., and are not subject to any Federal standards or laws.

Jobs Impact

The Board does not anticipate that the proposed amendments will result in an increase or decrease in the number 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

The Board licenses approximately 140 electrologists. If electrologists are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The proposed amendments do not impose any new recordkeeping, reporting, or compliance requirements on licensed electrologists. No professional services will be needed to comply with the proposed amendments. The costs of compliance with the proposed amendments are discussed in the Economic Impact statement above. The Board believes that the proposed amendments should be uniformly applied to all licensed electrologists in order to ensure the welfare of the general public in the provision of electrology services. Therefore, no differing compliance requirements for licensed electrologists are provided based upon the size of the 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 the practice of electrology in the State.

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 the practice of electrology in the State.

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 12. ELECTROLOGISTS ADVISORY COMMITTEE; LICENSURE OF ELECTROLOGISTS AND ELECTROLOGY INSTRUCTORS; ELECTROLOGY STANDARDS OF PRACTICE

13:35-12.6    Licensing requirements for electrologist

(a) To be eligible for licensure as an electrologist, an applicant shall fulfill the following requirements:

1.-3. (No change.)

[4. Have successfully completed:

i. An electrology education program accredited by the Council on Accreditation of Electrology Educational Institutions/Programs of the American Electrology Association, or its successor, which includes at least 200 hours of instruction in the theory of electrology and at least 400 hours of instruction in the clinical practice of electrology taught by an electrology instructor licensed pursuant to N.J.A.C. 13:35-12.7; or]

[ii.] 4. [An] Have successfully completed an electrology education program that meets the requirements in (b) below or which is determined by the Board to be substantially equivalent to [an accredited program in this State;] such a program.

[page=1251] 5.-6. (No change.)

(b) The electrology education program shall be taught by an electrology instructor licensed pursuant to N.J.A.C. 13:35-12.7 and shall include at least 200 hours of instruction in the theory of electrology and at least 400 hours of instruction in the clinical practice of electrology as follows:

1. The 200 hours of instruction in the theory of electrology shall include at least a minimum of:

i. Ten hours in histology and hair structure;
ii. Twenty five hours in the fundamentals of bacteriology and sterilization;
iii. Twenty hours in the principles and modalities of electricity;
iv. Thirty hours in the structure and diseases of skin and hair, and abnormalities;
v. Twenty five hours on equipment necessary for proper operation of an electrolysis office;
vi. Five hours on professional conduct and ethics;
vii. Five hours in New Jersey law and regulations;
viii. Twenty hours in human anatomy and physiology;
ix. Ten hours in draping, positioning, and ergonomics; and
x. Fifty hours in the topics set forth in (b)1i through ix above or in other topics related to the practice of electrology.
2. The 400 hours of instruction in the clinical practice of electrology shall include instruction in the following content areas:
i. Epilation techniques;
ii. Thermolysis;
iii. Blend/dual modality;
iv. Demonstrations of proper electrolysis treatment procedures for legs, arms, and face; and
v. Electricity.

3. As part of the approved course of study, all hours of theory must be completed prior to practical work being performed on the general public.

4. The 400 hours of instruction in the clinical practice of electrology require in-person instruction. Webinars and distance learning courses shall not satisfy this requirement.

13:35-12.19  Continuing education, programs, standards

(a)-(b) (No change.)

(c) Each applicant for a biennial license renewal shall complete during the preceding biennial period 20 credits of continuing education, consistent with the following requirements:

1. [Six] Three credits shall be in courses pertaining to universal precautions. [All six credits pertaining to universal precautions shall be in courses that require personal attendance.]

2. [Fourteen] Seventeen credits shall be in courses and/or other activities directly related to the practice of electrology. [At least four of the required 14 credits shall be in courses that require personal attendance. The remaining 10 credits may be obtained in any manner specified in (h) below.]

[(d) A licensee whose license has been automatically suspended for nonpayment of a biennial renewal fee pursuant to N.J.A.C. 13:35-12.17 and a licensee who seeks to reactivate the license shall submit to the Committee proof of successful completion of 10 continuing education credits per year for up to five years. If the licensee has failed to renew for five years, he or she shall retake the Certified Professional Electrology (CPE) Examination or its successor pursuant to N.J.A.C. 13:35-12.8.]

(d) (Reserved)

(e)-(h) (No change.)

(i) Credit for continuing education shall be granted for each biennial licensure period as follows:

1.-5. (No change.)

6. Correspondence, [self study] self-study, televised, videotaped, teleconference, and internet courses related to the practice of electrology[: a maximum of 10 credits per biennial licensure period].

(j)-(m) (No change.)