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Rule Proposal
Volume 40, Issue 23
Issue Date: December 1, 2008
Law and Public Safety
Division of Consumer Affairs
New Jersey Board of Nursing
MASSAGE, BODYWORK AND SOMATIC THERAPY EXAMINING COMMITTEE

Proposed Amendments: N.J.A.C. 13:37-5.5, 16.4 and 16.11
Proposed Repeal: N.J.A.C. 13:37-16.3

Fee Schedule; Certification Without Education or Examination; Application for Certification;
Continuing Education, Programs, Standards

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 2008-390.
Submit written comments by January 30, 2009 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

N.J.A.C. 13:37-16.3 sets forth certification procedures for applicants who practiced massage, bodywork and somatic therapy prior to November 15, 2004. The rule requires such applicants to apply for certification prior to November 5, 2006. Since this date has passed, applicants can no longer apply for certification under N.J.A.C. 13:37-16.3 and the Board of Nursing (the Board) proposes to repeal this rule.

N.J.A.C. 13:37-16.4 requires applicants for certification to complete a course of study in massage, bodywork and somatic therapy that includes supervised clinical practice of 100 hours. The Board has always held that the supervision required by the rule must be provided by faculty members who are on-site when services are, for the most part, being performed on members of the public by the student. Recently, the Board has become aware that some schools are providing clinical experiences that are supervised by massage, bodywork and somatic therapists who are not faculty members or are allowing students to practice a large amount of clinical practice on other students, faculty or staff as part of clinical practice. The Board proposes to amend N.J.A.C. 13:37-16.4 to clarify that supervision of clinical practice must be provided by faculty members who are on-site and must consist of at least 90 hours of practice on members of the public. The Board is also concerned that some schools are "double counting" hours, allocating the same hour of practice to the theory and practice and to the clinical practice section of the curriculum. The Board has proposed new subsection (e) to clarify that schools may not count hours spent in one area of the curriculum towards other areas of the curriculum.

Subsection (e) of N.J.A.C. 13:37-16.11 sets forth the methods by which certificants may complete continuing education requirements. One of these methods is completing a course that has been pre-approved by the Massage, Bodywork and Somatic Therapy Examining Committee (Committee). N.J.A.C. 13:37-16.11(h) sets forth application requirements for courses seeking such pre-approval. The Board has found that the process of reviewing applications for pre-approval takes an inordinate amount of Committee time. The Board also believes that other provisions in N.J.A.C. 13:37-16.11(e) provide adequate opportunities for certificants to complete continuing education requirements without having to resort to Committee approved courses. As there is no need to provide this method of obtaining continuing education hours, and as the review of applications for pre-approval occupies an inordinate amount of limited Committee time, the Board proposes to delete provisions in N.J.A.C. 13:37-16.11 that permit certificants to complete pre-approved courses and provisions that set forth the procedure by which courses will be pre-approved. Deleting these provisions will not prevent certificants who completed continuing education courses that have been pre-approved from counting credits from these courses towards continuing education requirements. The Board also proposes to amend N.J.A.C. 13:37-5.5 to remove the continuing education sponsor fee.

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

Requiring that clinical practice be supervised by faculty members ensures that students are provided a complete educational experience by massage, bodywork and somatic therapy schools, which adequately prepare students to practice safely and effectively. This benefits the students who receive this education and the members of the public who will ultimately receive services from these students. The Board does not believe that the proposed amendments and repeal will have any other impact on society.

Economic Impact

Requiring that clinical practice be supervised by faculty members may increase costs for massage, bodywork and somatic therapy schools. If these schools are not already requiring faculty members to supervise clinical practice, this proposed amendment would increase costs by requiring faculty supervision, for which schools would have to pay. These costs may be passed onto students in the form of higher tuition fees.

The proposed amendments may also impose costs for massage, bodywork and somatic therapy continuing education courses that are currently pre-approved by the Committee. These courses will have to become accredited by a national accrediting body recognized by the Committee. The costs of obtaining this accreditation will be borne by course sponsors.

Federal Standards Statement

A Federal standards analysis is not required because there are no applicable Federal laws or standards.

Jobs Impact

The proposed amendments to N.J.A.C. 13:37-16.4 may result in a very small increase in the number of faculty jobs in massage, bodywork and somatic therapy schools. If there are schools that are not requiring faculty supervision of clinical hours, these schools may have to hire new faculty members to provide supervision. The remaining proposed amendments and repeal will have no impact on the jobs in this State.

Agriculture Industry Impact

The proposed amendments and repeal 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. Massage, bodywork and somatic therapy schools may also be considered "small businesses."

The proposed amendments and repeals do not impose any costs on certificants. The costs imposed on massage, bodywork and somatic therapy schools are set forth above in the Economic Impact statement. The Board does not believe that certificants or schools will need to employ any professional services to comply with the requirements of the proposed amendments and repeal. The proposed amendments and repeal impose no reporting or recordkeeping requirements, but impose compliance requirements upon certificants and schools.

The Board believes that because the proposed amendments ensure the proper education of massage, bodywork and somatic therapy students, and protect the safety and welfare of individuals who will receive services from these students, the proposed amendments must be applied uniformly to all certified massage, bodywork and somatic therapists and schools regardless of the size of the business.

[page=6758] Smart Growth Impact

The Board does not anticipate that the proposed amendments and repeal 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.

Housing Affordability Impact

The proposed amendments and repeal will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments concern application for certification and continuing education requirements for massage, bodywork and somatic therapists.

Smart Growth Development Impact

The proposed amendments and repeal will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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 application for certification and continuing education requirements for massage, bodywork and somatic therapists.

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

SUBCHAPTER 5. GENERAL REQUIREMENTS OF LICENSURE; LICENSE RENEWAL; FEE SCHEDULE

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.-5. (No change.)

[6. Continuing education sponsor fee . . . . . . . . . . . . . . . . $ 100.00]

Recodify existing 7.-10. as 6.-9. (No change in text.)

SUBCHAPTER 16. MASSAGE, BODYWORK AND SOMATIC THERAPY EXAMINING COMMITTEE

13:37-16.3 [Certification without education or examination] (Reserved)

[(a) Prior to November 5, 2006, a person may apply for certification without satisfying the education or examination requirements of N.J.A.C. 13:37-16.4 if the person has completed a minimum of 200 hours of education and training as provided in (b) below and the person has:

1. Practiced full-time as a massage, bodywork and somatic therapist for at least two years prior to November 15, 2004; or

2. Practiced part-time as a massage, bodywork and somatic therapist for five years prior to November 15, 2004.

(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. Anatomy and physiology: 45 hours or three credits in a college or university accredited by an accrediting agency recognized by the United States Department of Education;

2. Theory and practice: 150 hours; and

3. Ethics: five hours.

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

1. A 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;

2. Evidence that the applicant has completed 200 hours of education or training in massage, bodywork and somatic therapies consistent with (b) above;

3. Proof that the applicant has current certification in 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. Two affidavits of good moral character; and

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

(d) The Committee shall issue a certificate of certification to an applicant who qualifies pursuant to (a), (b) and (c) above if the applicant is not disqualified for certification pursuant to the provisions of N.J.S.A. 45:1-14 et seq.]

13:37-16.4 Application for certification

(a)-(c) (No change.)

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

1.-3. (No change.)

[4. Supervised clinical practice: 100 hours; and]

[5.] 4. Electives directly related to the practice of massage, bodywork and somatic therapy: 70 hours[.]; and

5. Clinical practice: 100 hours, which:

i. Shall consist of at least 90 hours spent working on members of the public;

ii. Shall consist of no more than 10 hours spent working on other students, faculty or school staff; and

iii. Is supervised by a faculty member who is present on-site while services are being performed.

(e) Hours completed during one area of a course of study in massage, bodywork and somatic therapy shall not be counted towards completion of another area of that course. For example, one hour spent performing massage, bodywork and somatic therapy that is completed as part of theory and practice pursuant to (d)3 above shall not be counted towards the 100 hours of clinical practice required by (d)5 above.

[(e)] (f) (No change in text.)

13:37-16.11 Continuing education, programs, standards

(a)-(d) (No change.)

(e) A certificant may obtain continuing education credit hours from the following:

1. (No change.)

[2. Successful completion of continuing education courses or programs related to the practice of massage, bodywork and somatic therapy provided the presentation of the courses or programs are pre-approved by the Committee pursuant to (h) below, prior to the presentation of the course: one credit hour for each hour of attendance;]

Recodify existing 3.-8. as 2.-7. (No change in text.)

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

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

1. Obtain Committee approval prior to representing that any course, seminar or program fulfills the requirements of this section;

2. Submit the following for each course or program offered, for evaluation by the Committee, at least 90 days prior to presenting the course:

i. A detailed description of course content and the hours of instruction; and

ii. A curriculum vitae of each lecturer, including specific background which qualifies the individual as a lecturer in the area of instruction;

3. Submit a fee pursuant to N.J.A.C. 13:37-5.5(f) for each submission of course or program offering(s) for which Committee approval is sought.]

Recodify existing (i)-(j) as (h)-(i) (No change in text.)

   
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