NEW JERSEY REGISTER
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF RESPIRATORY CARE
Readoption with Amendments: N.J.A.C. 13:44F
Proposed: May 6, 2002 at 34 N.J.R. 1625(a).
Adopted: September 10, 2002 by State Board of Respiratory Care, Kenneth Capek, Chairman.
Filed: November 14, 2002 as R.2002 d.398, with technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).
Authority: N.J.S.A. 45:14E-7.
Effective Dates: November 14, 2002, Readoption;
Summary of Agency Initiated Changes Upon Adoption:
The Board is recodifying the term "hyperbaric oxygenation" from N.J.A.C. 13:44F-3.1(a)12iv to N.J.A.C. 13:44F-3.1(a)13 because the proposal incorrectly indicated that the method is purely a testing technique. Rather, the Board believes the service is within the scope of practice of a respiratory therapist and listing the term as a separate duty a licensee may perform under N.J.A.C. 13:44F-3.1(a) more accurately reflects the current practice of respiratory care. The Board believes this technical change will avoid any confusion on the part of licensees or the public. The meaning and intent of the adopted amendments to N.J.A.C. 13:44F-3.1(a) remain unchanged.
Federal Standards Statement
A Federal standards analysis is not required because the rules readopted with amendments do not involve any Federal standards or requirements.
Full text of the adoption follows:
<< NJ ADC 13:44F-1.1 >>
13:44F-1.1 Purpose and scope
(a) This chapter is promulgated by the Director of the Division of Consumer Affairs. The rules contained in this chapter implement the provisions of the Respiratory Care Practitioner Licensing Act, P.L. 1991, c.31, and regulate the practice of respiratory care within the State of New Jersey.
(b) This chapter shall apply to all individuals who render respiratory care, as defined in N.J.A.C. 13:44F-1.2, under the direction or supervision of a plenary licensed physician and to anyone within the jurisdiction of the Board of Respiratory Care.
(c) (No change.)
<< NJ ADC 13:44F-1.2 >>
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
... "Trainee" means a student enrolled in a respiratory care training program accredited by the Committee on Accreditation for Respiratory Care (CoARC), or its successor.
SUBCHAPTER 2. (RESERVED)
<< NJ ADC 13:44F-3.1 >>
13:44F-3.1 Scope of practice
(a) For the purposes of treating, managing, controlling and caring for patients with deficiencies and abnormalities of the cardio-respiratory system, a respiratory care practitioner may perform the following duties under the direction or supervision of a physician:
(b)-(d) (No change.)
<< NJ ADC 13:44F-3.3 >>
13:44F-3.3 Delegation by a respiratory care practitioner to unlicensed persons
(a)-(f) (No change.)
(g) The licensed respiratory care practitioner who delegates tasks set forth in (b) above in an outpatient setting shall ensure that a follow-up visit from a licensee or a person exempt from respiratory care licensure pursuant to N.J.S.A. 45:14E-9(c) takes place within 24 hours of the delivery of the equipment to the patient for the purpose of conducting an in-person assessment of the equipment. The follow-up visit shall be documented in writing.
<< NJ ADC 13:44F-4.1 >>
13:44F-4.1 Eligibility for licensure
(a) (No change.)
(b) An applicant shall submit, with the completed application form and the required fee, satisfactory proof that the applicant:
<< NJ ADC 13:44F-4.2 >>
13:44F-4.2 Nature of examination; passing grade
(a) The respiratory care examination shall be the National Board for Respiratory Care Entry Level Examination.
<< NJ ADC 13:44F-6.2 >>
13:44F-6.2 Application requirements for licensure by endorsement
(a) An applicant seeking licensure by endorsement shall submit the following to the Board:
<< NJ ADC 13:44F-7.1 >>
13:44F-7.1 Biennial license renewal; inactive status
(a) All licenses issued by the Board shall be issued for a two year biennial licensure period. A licensee who seeks renewal of the license shall submit a license renewal application and the license renewal fee set forth in N.J.A.C. 13:44F-8.1 prior to the expiration date of the license.
(b) Renewal applications shall provide the applicant with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:44F-8.1, and shall not engage in the practice of respiratory care.
(c) If the licensee does not renew the license prior to its expiration date, the licensee may renew it within 30 days of its expiration by submitting a renewal application, a license renewal fee and a late fee, as set forth in N.J.A.C. 13:44F-8.1.
(d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license shall be deemed to be engaged in unlicensed practice.
<< NJ ADC 13:44F-7.2 >>
13:44F-7.2 Change of license status: inactive to active
(a) A licensee, upon application to the Board, may change from inactive to active status upon payment of the renewal fee as set forth in N.J.A.C. 13:44F-8.1.
(b) A licensee on inactive status for more than two years shall take a refresher course approved by the Board which demonstrates the licensee's ability to practice respiratory care. If a licensee on inactive status in New Jersey has been practicing respiratory care in another state or jurisdiction, the licensee shall submit to the Board an affidavit that the licensee has been satisfactorily practicing respiratory care in the other state or jurisdiction.
<< NJ ADC 13:44F-7.3 >>
13:44F-7.3 Reinstatement of suspended license
(a) An individual whose license has been automatically suspended for nonpayment of a biennial renewal fee pursuant to N.J.A.C. 13:44F-7.1(d) may be reinstated by the Board, provided the applicant otherwise qualifies for licensure pursuant to N.J.A.C. 13:44F-4.1, and submits a completed reinstatement application and one of the following to the Board:
(b) An individual who has practiced respiratory care in the manner described in (a)1 or 2 above shall submit written verification, on a form provided by the Board, from all of the applicant's employers. The verification shall document dates of employment from the date the New Jersey license was suspended to the date of application for reinstatement, and the name, address and telephone number of each employer.
(c) An individual whose license has been automatically suspended for a period between two and five years shall take a refresher course approved by the Board which demonstrates the licensee's ability to practice respiratory care. If a licensee in New Jersey has been practicing respiratory care in another state or jurisdiction, the licensee shall submit to the Board an affidavit that the licensee has been satisfactorily practicing respiratory care in the other state or jurisdiction.
(d) An individual whose license has been automatically suspended for a period of five or more years shall take an examination that has been determined by the Board to test the applicant's ability to practice respiratory care.
(e) Prior to reinstatement, an applicant shall pay a reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:44F-8.1.
<< NJ ADC 13:44F-8.1 >>
(a) State Board of Respiratory Care charges for licensure and other services as follows:
<< NJ ADC 13:44F-8.2 >>
13:44F-8.2 Patient records
(a) Respiratory care practitioners shall prepare contemporaneous, permanent treatment records. If custody of the patient records is within the responsibility of the licensee, the licensee shall ensure that every patient record shall be kept for at least seven years from the date of the most recent entry, except that if a patient is a minor, the records shall be kept for an additional two years beyond the age of 18. Such records shall include:
(b)-(c) (No change.)
(d) In an outpatient setting, access to patient treatment records by patients or duly authorized representatives shall be in accordance with the following:
<< NJ ADC 13:44F-8.4 >>
13:44F-8.4 Office location
The offices of the Board are located at 124 Halsey Street, PO Box 45301, Newark, New Jersey 07102.
<< NJ ADC 13:44F-8.5 >>
13:44F-8.5 Notification of change of address
A licensee, whether active or inactive, of the State Board of Respiratory Care shall notify the Board in writing of any change of address from that which the Board maintains in its records and which the licensee's current license displays. The licensee shall forward the notice to the Board by certified mail, return receipt requested, no later than 30 days following the change of address.
<< NJ ADC 13:44F-8.6 >>
13:44F-8.6 Change of name
(a) Any licensee whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name the following:
(b) Upon receipt of the items set forth in (a) above, the Board shall issue a new license to the licensee.
(c) Upon receipt of the new license as set forth in (b) above, the licensee shall remit the original license to the Board.
<< NJ ADC 13:44F-8.7 >>
13:44F-8.7 Duplicate licenses
(a) Any licensee seeking a duplicate license shall forward to the Board the following:
(b) Upon receipt of the items outlined in (a) above, the Board shall forward a duplicate license to the licensee.