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NEW JERSEY REGISTER
VOLUME 38, ISSUE 20
ISSUE DATE: OCTOBER 16, 2006
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING

Proposed Amendments: N.J.A.C. 13:37-5.5, 16.2 through 16.9, 16.11 and 16.13

Massage, Bodywork and Somatic Therapy Examining Committee

Fee Schedule; Definitions; Certification Without Education or Examination; Application for Certification; Certification Without Examination Based on Licensure in Another State; Renewal of Certification; Scope of Practice; Infection Control Precautions; Designations for Certified Persons, Prohibitions on Uncertified Persons; Continuing Education, Programs, Standards; Advertising and Solicitation Practices

Authorized By: New Jersey Board of Nursing, in consultation with the Massage, Bodywork and Somatic Therapy Examining Committee, George Hebert, 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 2006-341.

Submit written comments by December 15, 2006 to:
George Hebert, Executive Director
New Jersey Board of Nursing
Post Office Box 45010
124 Halsey Street
Newark, NJ 07101

The agency proposal follows:

Summary

The Board of Nursing (the Board) currently charges $ 30.00 for verification of license for endorsement and $ 25.00 for written verification of license for nurses. The Board proposes to amend N.J.A.C. 13:37-5.5(f) to charge certificants the same fees that it charges nurses when it verifies certification for endorsement and provides written verification of certification for certified massage, bodywork and somatic therapists. The Board proposes to amend the definitions of "full-time practice" and "part-time practice" in N.J.A.C. 13:37-16.2 so that instructors may count time spent providing services to students as part of the hours required to qualify as a full-time or part-time practitioner.

Board rules require that applicants for certification, and certified massage, bodywork and somatic therapists, obtain certification in Basic Life Support (BLS) from a course approved by the American Heart Association. The Board adopted this requirement because it believed that certificants should have a basic understanding of cardiopulmonary resuscitation (CPR). The Board has recently found that the BLS course is not a basic CPR course but is a more advanced course intended for medical professionals. The Board proposes to amend N.J.A.C. 13:37-16.3, 16.4, 16.5, 16.6 and 16.11 to delete the requirement that applicants and certificants complete a BLS course and to require instead that applicants for certification and certificants complete a CPR course.

N.J.A.C. 13:37-16.3 deals with certification without education or examination. This rule requires that applicants complete specific topics in an ethics course. The Board is proposing to delete the sub-topics as it believes that listing the topics that constitute an accepted ethics course may inappropriately limit what is taught during such courses. N.J.A.C. 13:37-16.3 requires applicants to submit a notarized affidavit detailing their work history. As the entire application that is submitted to the Board is required to be notarized, the Board does not believe it is necessary to have an applicant's work history notarized. The Board is proposing to delete this requirement. N.J.A.C. 13:37-16.3 also requires that the applicant attest to the authenticity of documents supporting an applicant's work history claims. The Board does not require applicants to submit such supporting documents and it is proposing to amend this rule to delete this requirement.

N.J.A.C. 13:37-16.4 currently requires that an education program include six hours in ethics and six hours in law. The Board has reviewed this requirement and believes that consolidating these two topics as one would more accurately reflect both the information the Board wishes applicants to receive during their education and the current status of such education programs. The Board proposes to delete the law requirement of six hours and to amend the ethics requirement so that it covers both ethics and law. The Board is reducing the total number of hours that must be spent on these topics from 12 to eight. The Board believes that eight hours is adequate to prepare applicants in these areas. The Board is deleting specific topics that must be included in an ethics course. The Board believes that listing the topics that constitute an accepted ethics course may inappropriately limit what is taught during such courses.

The Board proposes to amend N.J.A.C. 13:37-16.5 to require that applicants for certification based on licensure in another state submit verification of licensure from every state in which they hold, or have held, a license or certificate. The Board believes that it should be aware of any license or certificate that an applicant holds or has held in other states in order to ensure that the Board is fully aware of the nature of the applicant's professional practice, including possible disciplinary actions taken by other states.

N.J.A.C. 13:37-16.5 requires applicants to submit a copy of the statutes and regulations from the state in which they are certified or licensed. The Board proposes to amend this provision to require applicants to submit these documents for any state in which they are currently certified or licensed.

N.J.A.C. 13:37-16.7 states that certificants can only practice those methods of massage, bodywork and somatic therapy that they learned as part of their initial training. The rule states that this initial training is outlined by N.J.A.C. 13:37-16.3. The Board proposes to amend N.J.A.C. 13:37-16.7 to recognize that N.J.A.C. 13:37-16.4 also outlines how certificants may obtain their initial training. When the Board first proposed N.J.A.C. 13:37-16.8, Infection control precautions, the rule included requirements for the sanitary use of massage lubricants. During the comment period, it became apparent that the propoed requirements were not sufficiently clear and the Board decided not to adopt them at that time. The Board now proposes new requirements for the sanitary storage and use of massage lubricants. The Board also proposes to amend this rule to clarify the type of disinfectant that certificants are required to use.

N.J.A.C. 13:37-16.9(a) sets forth the titles that a certificant may use. The term "certified massage therapist" is repeated in this rule. The Board proposes to amend this rule to delete the repeated term.

Pursuant to N.J.A.C. 13:37-16.7, a certificant is permitted to practice any method of massage, bodywork and somatic therapy that he or she has learned during his or her initial training, learned in a course after his or her initial training or which he or she developed. Existing N.J.A.C. 13:37-16.13 prevents a certificant from advertising professional services which the certificant was not educated or trained to perform. As certificants are permitted to perform methods of massage, bodywork and somatic therapy that they developed, N.J.A.C. 13:37-16.13 is proposed for amendment to allow certificants to advertise methods of massage, bodywork and somatic therapy that they developed.

As the Board has provided a 60-day comment period on this notice of proposal, 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 will have a positive social impact. Allowing applicants for certification to count hours spent providing services to students when calculating full-time and part-time practice will benefit experienced teachers who otherwise may not qualify for certification pursuant to N.J.A.C. 13:37-16.3. The amended requirements for CPR courses will make it easier for applicants for certification to become certified massage, bodywork and somatic therapists, allowing for more qualified individuals who will be recognized by the State as safe and effective practitioners. The proposed amendments to N.J.A.C. 13:37-16.8 ensure that the lubricants that massage, bodywork and somatic therapists use during the provision of services are stored and used in a sanitary manner, helping to curtail the spread of infection. Permitting certificants to advertise all of the services that they are permitted to perform will increase the information that is provided to consumers about massage, bodywork and somatic therapy, allowing consumers to make more informed decisions with regard to such services.

Economic Impact

The Board believes that the proposed amendments will impose an economic impact on certificants who will now have to pay a fee for obtaining verification of certification for endorsement and for written verification of certification. Allowing applicants to count hours spent providing services to students when calculating full-time and part-time practice will benefit teachers who would otherwise not qualify for certification pursuant to N.J.A.C. 13:37-16.3. These individuals would possibly incur greater costs if the only avenue for certification available was through N.J.A.C. 13:37-16.4, which would require either completing a course of study or passing a certification examination. The cost of replacing or disinfecting tools and containers used during the provision of massage, bodywork and somatic therapy services will be borne by certificants. The proposed amendments require applicants for certification based on licensure in another state to submit statutes and regulations from every state in which the applicant is currently certified. The cost of submitting these documents will be borne by applicants.

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 have an impact on jobs in the State, including the generation or loss of jobs.

Agriculture Industry Impact

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

Regulatory Flexibility Analysis

Since certified massage, bodywork and somatic therapists are individually certified 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 costs imposed by the proposed amendments are the same for all certificants as outlined above in the Economic Impact statement. The Board does not believe that certificants 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 impose compliance requirements upon certificants. Proposed amendments to N.J.A.C. 13:37-16.3, 16.4, 16.5, 16.6 and 16.11 require applicants for certification and certificants to complete a cardio-pulmonary resuscitation course. Proposed amendments to N.J.A.C. 13:37-16.5 require applicants for certification based on licensure in another state to submit verification of licensure from every state in which they hold, or have held, a license or certificate. Proposed amendments to N.J.A.C. 13:37-16.8 imposes new requirements for the sanitary storage and use of massage lubricants.

The Board believes that because the proposed amendments protect the safety and welfare of individuals who use the services of certified massage, bodywork and somatic therapists, the proposed amendments must be applied uniformly to all certified massage, bodywork and somatic therapists regardless of the size of the business.

Smart Growth Impact

The Board does not anticipate that the proposed amendments will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

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

13:37-5.5 Fee schedule

(a)-(e) (No change.)

(f) The following fees shall be charged by the Board in connection with certification of massage, bodywork and somatic therapists:

1.-8. (No change.)

9. Verification of certification for endorsement................$ 30.00

10. Written verification of certification.......................$ 25.00

SUBCHAPTER 16. MASSAGE, BODYWORD AND SOMATIC THERAPY EXAMINING COMMITTEE

13:37-16.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Full-time practice" means a person has provided a minimum of 750 hours of massage, bodywork and somatic therapies to clients and/or students during a year.

"Part-time practice" means a person has provided a minimum of 300 hours of massage, bodywork and somatic therapies to clients and/or students during a year.

13:37-16.3 Certification without education or examination

(a) (No change.)

(b) The 200 hours of education and training required pursuant to (a) above shall be taken in a massage, bodywork and somatic training program which is approved by the New Jersey Department of Education, a Department of Education of another state or a program which substantially meets the requirements of the New Jersey Department of Education as set forth in N.J.S.A. 18A:69-1 et seq. and N.J.A.C. 6A:18-1 and shall consist of:

1.-2. (No change.)

3. Ethics: five hours[, which shall include:

i. Confidentiality/privacy;

ii. Sexual misconduct;

iii. Financial misconduct;

iv. Boundary issues;

v. Conflicts of interest; and

vi. Appropriate referrals].

(c) The applicant shall submit to the Committee a completed application which shall include:

1. A [notarized affidavit stating] statement that the applicant has worked full-time for the past two years or part-time for the past five years and indicating what methods of massage, bodywork and somatic therapy the applicant practiced[. The affidavit shall attest to the authenticity of supporting records such as tax returns, bank statements and accounting records, which may be attached to the affidavit];

2. (No change.)

3. Proof that the applicant has current certification in [Basic Life Support (BLS)] Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. The application fee set forth in N.J.A.C. 13:37-5.5[(e)](f).

(d) (No change.)

13:37-16.4 Application for certification

(a) (No change.)

(b) An applicant who qualifies for certification pursuant to (a)1 above shall submit to the Committee:

1.-2. (No change.)

3. Proof that the applicant has current certification in [Basic Life Support (BLS)] Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. The application fee set forth in N.J.A.C. 13:37-5.5[(e)](f).

(c) An applicant who qualifies for certification pursuant to (a)2 above shall submit to the Committee:

1.-2. (No change.)

3. Proof that the applicant has current certification in [Basic Life Support (BLS)] Cardio-Pulmonarv Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. The application fee set forth in N.J.A.C. 13:37-5.5[(e)](f).

(d) A course of study in massage, bodywork and somatic therapy shall include:

1. (No change.)

2. Ethics and Law: [six] eight hours[, which includes:];

[i. Confidentiality/privacy;

ii. Sexual misconduct;

iii. Financial misconduct;

iv. Boundary issues;

v. Conflicts of interest; and

vi. Appropriate referrals.

3. Law: six hours, which shall include local, State and Federal law and regulations regarding the practice of massage, bodywork and somatic therapy;]

Recodify existing 4.-6. as 3.-5. (No change in text.)

(e) (No change.)

13:37-16.5 Certification without examination based on licensure in another State

(a) (No change.)

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

1. (No change.)

2. [Verification of licensure or certification in good standing in another state;] Written or electronic verification of status of licensure or certification from every state, territory of the United States, or the District of Columbia, in which the applicant was ever licensed or certified. The verification shall either be forwarded directly to the Committee from the applicable state board or committee, if written, or if electronic, be issued by the applicable state board or committee;

3. Proof that the applicant has current certification in [Basic Life Support (BLS)] Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. A copy of the current statutes and regulations regarding massage, bodywork and somatic therapy from the states in which the applicant is currently certified or licensed; and

6. The application fee set forth in N.J.A.C. l3:37-5.5[(e)](f).

(c) (No change.)

13:37-16.6 Renewal of certification

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

(c) The certificant shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:37-5.5[(e)](f) prior to the date of expiration of the certificate. If the certificant does not renew the certificate prior to its expiration date, the certificant may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:37-5.5[(e)](f). A certificant who fails to renew the certificate within 30 days after the expiration date of the certificate shall be suspended without a hearing.

(d) (No change.)

(e) A person seeking reinstatement within five years following the suspension of a certification shall submit the following to the Committee:

1. (No change.)

2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:37-5.5[(e)](f);

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:37-5.5[(e)](f);

4.-5. (No change.)

(f)-(g) (No change.)

(h) Upon application to the Committee, the Committee may permit a certificant who has been on inactive status to return to active status provided such applicant completes the continuing education credits that are required per biennial period for each biennial period that the applicant is on inactive status and holds current certification in [Basic Life Support (BLS)] Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.

13:37-16.7 Scope of practice

(a) A certificant shall only practice those methods of massage, bodywork and somatic therapy which:

1. The certificant learned during his or her initial training as outlined in N.J.A.C. 13:37-16.3(b) or 16.4;

2.-3. (No change.)

(b) (No change.)

13:37-16.8 Infection control precautions

(a)-(f) (No change.)

(g) A [hospital-grade] broad spectrum anti-microbial disinfectant [registered with the Environmental Protection Agency (EPA)] shall be used to disinfect:

1.-3. (No change.)

4. Face cradles and arm rests on all massage chairs and tables; [and]

5. All ice and heat pack equipment[.];

6. Any tool or utensil used to transfer a lubricant from one container to another or from a container to a client which is not disposed of after use; and

7. Any portion of a lubricant pump dispenser or lubricant tube touched by the certificant during the provision of massage, bodywork and somatic therapy services.

[(h)-(i) (Reserved)]

(h) If a certificant uses massage lubricants, the certificant shall:

1. Store massage lubricants in sanitary containers;

2. Keep lubricant containers free of debris; and

3. Store lubricants according to manufacturer's recommendations and separately from cleaning supplies.

(i) If a certificant uses a massage lubricant that is contained in a pump dispenser or a tube, the certificant shall, for every client, disinfect pursuant to (g) above any portion of the container that he or she has touched during the provision of massage, bodywork and somatic therapy services after the completion of services.

(j) If a certificant uses a massage lubricant that is not contained in a pump dispenser or a tube, the certificant shall, for every client, remove the lubricant from the main container with a disposable instrument or an instrument that is disinfected pursuant to (g) above after each use and place the lubricant in a separate container which shall be discarded or disinfected pursuant to (g) above after the completion of services.

Recodify existing (j)-(p) as (k)-(q) (No change in text.)

13:37-16.9 Designations for certified persons, prohibitions on uncertified persons

(a) An active certificant may use the title "massage, bodywork and somatic therapist" or "certified [message] massage, bodywork and somatic therapist," "massage and bodywork therapist," "registered massage, bodywork and somatic therapist," ["certified massage therapist,"] "certified oriental bodywork therapist," "certified Asian bodywork therapist," "certified bodywork therapist," "certified massage therapist" or the abbreviations "MBT," "CMBT," "RMBT," "CMBST," "COBT," "CABT," "CBT," or "CMT."

(b)-(c) (No change.)

13:37-16.11 Continuing education, programs, standards

(a) (No change.)

(b) Each applicant for biennial license renewal shall be required to obtain current certification in [Basic Life Support (BLS)] Cardio-Pulmonary Resuscitation (CPR) from a course approved by the Red Cross or American Heart Association, or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc., and to complete during the preceding biennial period, except as provided in (c) below, a minimum of 20 credit hours of continuing education related to the practice of massage, bodywork and somatic therapy. Courses that are related solely to the business practices of certificants shall not satisfy continuing education requirements.

(c)-(g) (No change.)

(h) Sponsors of continuing education programs or courses seeking Committee approval shall:

1. -2. (No change.)

3. Submit a fee pursuant to N.J.A.C. l3:37-5.5[(e)](f) for each submission of course or program offering(s) for which Committee approval is sought.

(i)-(j) (No change.)

13:37-16.13 Advertising and solicitation practices

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

(c) A certificant who engages in the use of advertising which contains any of the following shall be deemed to be engaged in professional misconduct:

1. (No change.)

2. Any promotion of a professional service for which [the certificant has not received education or training to perform; or]:

i. The certificant has not received education or training to perform; or

ii. The certificant has not developed. A certificant shall only promote a professional service that he or she developed if such service is taught in a course offered by a provider approved by the NCBTMB or NCCAOM; or

3. (No change.)

(d)-(h) (No change.)

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

Comments:

       



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