Rule Proposal

51 N.J.R. 1666(a)

VOLUME 51, ISSUE 22, NOVEMBER 18, 2019

RULE PROPOSALS

Reporter

51 N.J.R. 1666(a)

NJ - New Jersey Register  >  2019  >  NOVEMBER  >  NOVEMBER 18, 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 > BOARD OF MASSAGE AND BODYWORK THERAPY

Administrative Code Citation

  Proposed Amendments: N.J.A.C. 13:37A-2.1, 2.2, 2.3, 4.1, and 4.2

Text

  Physically Attending CPR Courses; Jurisprudence Continuing Education; Continuing Education Course Approval

Authorized By: Board of Massage and Bodywork Therapy, ToniAnn Petrella-Diaz, Executive Director.

Authority: N.J.S.A. 45:11-67.

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

Proposal Number: PRN 2019-145.

Submit comments by January 17, 2020, to:

ToniAnn Petrella-Diaz, Executive Director

New Jersey Board of Massage and Bodywork Therapy

Division of Consumer Affairs

124 Halsey Street

PO Box 47032

Newark, New Jersey 07101

or electronically at:

       http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx

The agency proposal follows:

  Summary

  These proposed amendments would require applicants for licensure and licensed massage and bodywork therapists to physically attend CPR, first aid, and use of an automated external defibrillator (AED) courses, would require licensed massage and bodywork therapists to complete continuing education in laws and rules pertinent to the practice of massage and bodywork therapy, and would end recognition of continuing education courses provided by schools, colleges, or universities.  

  The Board of Massage and Bodywork Therapy (Board) requires applicants for licensure and licensed massage and bodywork therapists renewing licensure to hold current certification in CPR and the use of an automated external defibrillator. The Board is aware that some entities do not require an individual to physically attend a course in order to obtain certification. The Board believes that CPR and the use of an automated external defibrillator cannot be adequately taught unless the individual completing the course is physically present. The Board proposes to amend N.J.A.C. 13:37A-2.1, 2.2, and 2.3 to require an applicant for licensure or renewal of licensure to physically attend a course in CPR and the use of an automated external defibrillator.  

  N.J.A.C. 13:37A-4.1 requires licensees to complete 20 credit hours of continuing education every biennial renewal period. The Board proposes to amend N.J.A.C. 13:37A-4.1 to require that one of the required 20 credit hours of continuing education be in laws and rules pertinent to the practice of massage and bodywork therapy. N.J.A.C. 13:37A-4.2(a)2 sets forth that a course given by a school will count towards continuing education requirements and lists the entities that must accredit or approve a school. The entities that accredit or approve schools do not consider massage and bodywork continuing education courses when they accredit or approve schools. In order to ensure the quality of continuing education courses, the Board proposes to delete N.J.A.C. 13:37A-4.2(a)2.  

  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.  

  Social Impact  

  The Board believes that the proposed amendments will have a beneficial impact on consumers who receive massage and bodywork services from licensees. Requiring licensees to physically attend CPR courses will help to ensure that licensees are capable of performing CPR, if the need arises. Deleting provisions that recognize continuing education courses given by schools, colleges, or universities will help to ensure that continuing education courses are appropriately focused on the competency of licensed massage and bodywork therapists to practice massage and bodywork therapy in a safe and effective manner.  

  Economic Impact  

  The Board does not anticipate that the proposed amendments will have an economic impact on licensees. While licensees will have to pay to take a continuing education course in laws and rules pertinent to the practice of massage and bodywork therapy, the Board is not increasing the overall number of continuing education credit hours licensees are required to take.  

  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 increase or decrease the number of jobs in New Jersey.  

  Agriculture Industry Impact  

  The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.  

  Regulatory Flexibility Analysis  

  Since massage and bodywork therapists 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 will not impose any costs. The Board does not believe that licensees will need to employ any 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 as detailed in the Summary above.  

  As the compliance requirements contained in the proposed amendments are necessary to protect consumers who use the services of licensees, the Board believes that the proposed amendments must be uniformly applied to all licensees and no exceptions are provided based on 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 licensure application, licensure renewal, and continuing education requirements for licensed massage and bodywork therapists.  

  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 licensure application, licensure renewal, and continuing education requirements for licensed massage and bodywork therapists.  

  Racial and Ethnic Community Criminal Justice and Public Safety Impact  

  The Board has evaluated these proposed amendments and determined that they 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 2.   LICENSURE  

  13:37A-2.1   Application for licensure  

  (a) (No change.)  

  (b) An individual who applies for a license   under (a)1 above shall submit to the Board:  

  1.-4. (No change.)  

  [page=1667] 5. Proof that the applicant has current certification in CPR, Firstaid, and use of an automated external defibrillator (AED) from courses, which the applicant physically attended, offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.; and  

  6. (No change.)  

  (c)-(f) (No change.)  

  13:37A-2.2   License without examination based on licensure in another state  

  (a) (No change.)  

  (b) An applicant for license who is licensed or certified in another state shall submit to the Board:  

  1.-3. (No change.)  

  4. Proof that the applicant has current certification in CPR, Firstaid, and use of an automated external defibrillator (AED) from courses, which the applicant physically attended, offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.; and  

  5. (No change.)  

  (c) (No change.)  

  13:37A-2.3   Renewal of license  

  (a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant shall attest that the continuing education requirements of N.J.A.C. 13:37A-4.1 have been completed during the prior biennial period and that the applicant is currently certified in CPR and use of an automated external defibrillator (AED) from courses, which the applicant physically attended, offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.  

  (b)-(h) (No change.)  

  SUBCHAPTER 4.   CONTINUING EDUCATION  

  13:37A-4.1   Continuing education  

  (a) (No change.)  

  (b) Each applicant for biennial license renewal shall be required to complete during the preceding biennial period 20 credit hours of continuing education related to the practice of massage and bodywork therapy, except as provided in (d) below. These 20 credit hours shall include at least two hours in ethics   and one hour in the laws and rules pertinent to the practice of massage and bodywork therapy, specifically, N.J.S.A. 45:11-53 et seq., and this chapter. Courses that are related solely to the business practices of licensees and courses in practices in which licensees are prohibited from engaging pursuant to N.J.A.C. 13:37A-3.1(b) shall not satisfy continuing education requirements.  

  (c)-(e) (No change.)  

  13:37A-4.2   Continuing education programs  

  (a) A licensee may obtain continuing education credit hours from the following:  

  1. (No change.)  

  [2. Successful completion of a course, related to the practice of massage and bodywork therapy, given by a school, college, or university, one credit hour for each hour of instruction. A school, college, or university shall be:  

  i. Accredited by the New Jersey Department of Education;  

  ii. Approved by the New Jersey Department of Labor and Workforce Development;  

  iii. Approved by the New Jersey Commission on Higher Education; or  

  iv. Approved by an agency of another state with requirements substantially similar to the requirements of the New Jersey Department of Education, the New Jersey Department of Labor and Workforce Development, or the New Jersey Commission on Higher Education;]  

  Recodify existing 3.-6. as   2.-5. (No change in text.)