55 N.J.R. 1621(a)

VOLUME 55, ISSUE 15, AUGUST 7, 2023
RULE PROPOSALS

Reporter
55 N.J.R. 1621(a)
NJ - New Jersey Register  >  2023  >  AUGUST  >  AUGUST 7, 2023  >  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, 3.1, 4.1, and 4.2      

Text

 Clinical Practice for Licensure, Electrical Percussive Devices, and Continuing Education
Authorized By: Lisa Tadeo, Acting Executive Director, Board of Massage and Bodywork Therapy.
Authority: N.J.S.A. 45:11-67.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2023-075.
Submit written comments by October 6, 2023, to:
Lisa Tadeo, Acting Executive Director
Board of Massage and Bodywork Therapy
Division of Consumer Affairs
124 Halsey Street
PO Box 45048
Newark, New Jersey 07101
or electronically at:
http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
The Board of Massage and Bodywork Therapy (Board) is concerned about the quality of the clinical education required to obtain a license and the continuing education required for renewal of licensure. In particular, the Board is concerned that clinical education completed off-site from a school is not being properly supervised, even if an instructor is at the site where the clinical education is performed, as required pursuant to N.J.A.C. 13:37A-2.1(d)5. The Board is also aware of instances of licensees allegedly completing a majority of the required 20 credit hours of continuing education in one day. The Board is concerned that licensees who complete so many credit hours in one day are not receiving an adequate educational experience. The Board proposes amendments to its rules on application for licensure requirements and continuing education to address these concerns. In addition, the Board proposes to amend its scope of practice rule to clarify that licensees may use devices that cause percussions or vibrations to the body without engaging in the "application of electrical current to the body," as prohibited at N.J.A.C. 13:37A-3.1(b)3.
The Board proposes to amend N.J.A.C. 13:37A-2.1(d)5 to require that the 100 hours of clinical practice, required as part of a course of study in massage and bodywork therapy, be performed on the premises of the school. The Board believes that this requirement will help to ensure that students are receiving sufficient supervision during the performance of clinical practice and will be adequately prepared to provide massage and bodywork therapy services once they have obtained licenses.
N.J.A.C. 13:37A-3.1 sets forth practices that cannot be performed by a licensee. One of these practices is the application of electrical current to the body. An accepted aspect of the practice of massage and bodywork therapy is the use of electrical devices that provide percussions or vibrations to the body. The use of such devices was never meant to be excluded at N.J.A.C. 13:37A-3.1, and the Board proposes to amend this section to clarify that the use of such electrical devices does not constitute the application of electrical current to the body.
N.J.A.C. 13:37A-4.1(b) establishes that continuing education courses that are related solely to the business practices of licensees cannot count toward fulfilling a licensee's continuing education requirements. The Board has reviewed this prohibition and has determined that licensees could benefit from completing continuing education courses in business practices that assist licensees in conducting their business practices in an efficient manner. The Board proposes to amend N.J.A.C. 13:37A-4.1(b) [page=1622] to allow these continuing education courses to count toward fulfilling a licensee's continuing education requirements and to amend N.J.A.C. 13:37A-4.1(c) to permit licensees to complete up to three continuing education credits in courses related solely to business practices.
As noted above, the Board has seen instances of licensees claiming to have completed almost all of the required 20 continuing education credit hours in one day. The Board does not believe that licensees benefit from so many continuing education credit hours in such a short period of time. The Board proposes to add N.J.A.C. 13:37A-4.1(f), so that licensees will be limited to completing no more than eight continuing education credit hours in one day.
Finally, the Board has become aware that the Association of Bodywork and Massage Professionals (ABMP) does not approve continuing education courses or continuing education providers. The Board proposes to amend N.J.A.C. 13:37A-4.2(a) to remove the ABMP from the list of entities authorized to approve courses or providers.
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 at N.J.A.C. 13:37A-2.1 will benefit society by ensuring that licensees have completed clinical education that adequately prepares them to provide massage and bodywork therapy services in a safe and effective manner. In addition, the proposed amendments that limit licensees to completing no more than eight continuing education credit hours in one day will help ensure that licensees are receiving continuing education that adequately addresses competency to practice. The proposed amendments will benefit licensees whose practices will improve from adequate continuing education and clients who receive massage and bodywork therapy services.
Economic Impact
The proposed amendments to the Board's continuing education rules may have a minor economic impact on licensees who customarily complete most of the required 20 credit hours of continuing education in one day. Those licensees will now have to satisfy the continuing education requirement over a series of days, which can reduce the time they are available to work.
The Board believes that this impact will likely be insignificant and is outweighed by the public interest in ensuring that licensed massage and bodywork therapists are adequately prepared to provide massage and bodywork therapy services safely and effectively through sufficient continuing education.
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
Any licensed massage and bodywork therapist who qualifies as a "business which is resident in this State, independently owned and operated and not dominant in its field, and which employs fewer than 100 full-time employees" would constitute a "small business" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (RFA). To the extent that a licensed massage and bodywork therapist qualifies as a "small business" pursuant to the RFA, the following analysis applies, pursuant to N.J.S.A. 52:14B-19.
The proposed amendments will not impose any new costs. The Board does not believe that licensed massage and bodywork therapists will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any recordkeeping or reporting requirements, but do impose compliance requirements, as discussed in the Summary above.
The proposed amendments to the Board's continuing education regulations impose compliance requirements on licensees. These requirements will protect consumers by ensuring that licensed massage and bodywork therapists are adequately prepared to provide massage and bodywork therapy services in a safe and effective manner through sufficient continuing education. Given the need to protect consumers by ensuring adequate education for massage and bodywork therapists, the Board believes that the proposed amendments must be applied uniformly to all licensed massage and bodywork therapists, regardless of 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 pre-licensure clinical education and post-licensure continuing education for 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 pre-licensure clinical education and post-licensure continuing education for massage and bodywork therapists.
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 2. LICENSURE
13:37A-2.1 Application for licensure
(a)-(c) (No change.)
(d) A course of study in massage and bodywork therapy of at least 500 hours shall include:
1.-4. (No change.)
5. At least 100 hours of clinical practice, performed on the premises of the school, that is supervised by a faculty member who is present on-site while services are being performed and is either a licensed massage and bodywork therapist or is legally authorized to perform massage and bodywork therapy in the state in which the school exists.
(e)-(g) (No change.)
SUBCHAPTER 3. PROFESSIONAL PRACTICE
13:37A-3.1 Scope of practice
(a) (No change.)
(b) Notwithstanding any training received as permitted by (a) above, a licensee shall not perform:
1.-2. (No change.)
3. Any application of electrical current to the body (Transcutaneous Electronic Nerve Stimulation, TENS, machine). For purposes of this section, a device that uses electrical power to provide percussions or vibrations to the body shall not constitute the application of electrical current to the body; and
4. (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 [page=1623] therapy, except as provided [in] at (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) Licensees shall be limited to completing a total of [six]:
1. Six credit hours through courses presented [on-line] online or through DVDs; and
2. Three credit hours through courses that are related solely to the business practices of licensees.
(d)-(e) (No change.)
(f) A licensee shall complete no more than eight continuing education credit hours in one day.
13:37A-4.2 Continuing education programs
(a) A licensee may obtain continuing education credit hours from the following:
1. Successful completion of continuing education courses or programs related to the practice of massage and bodywork therapy, one credit hour for each hour of instruction. Courses and programs shall be approved by, or offered by providers approved by:
i.-iv. (No change.)
[v. The Association of Bodywork and Massage Professionals (ABMP);]
Recodify existing vi.-xiii. as v.-xii. (No change in text.)
2.-5. (No change.)