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NEW JERSEY REGISTER
VOLUME 34, NUMBER 9
MONDAY, MAY 6, 2002
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF RESPIRATORY CARE
State Board of Respiratory Care Rules

Proposed Readoption with Amendments: N.J.A.C. 13:44F

Authorized By: State Board of Respiratory Care, Dorcas K. O'Neal, Executive Director.

Authority: N.J.S.A. 45:14E-7.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2002-165.

Submit comments by July 5, 2002 to:

Dorcas K. O'Neal, Executive Director
State Board of Respiratory Care
PO Box 45031
Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to Executive Order No. 66(1978), N.J.A.C. 13:44F is scheduled to expire on May 23, 2002. Pursuant to N.J.S.A. 52:14B-5.1, this date has been extended to November 19, 2002 by the filing of this proposal. The rules in this chapter were originally promulgated in order to implement the provisions of the Respirator Care Practitioners Licensing Act, N.J.S.A. 45:14E-1 et seq.

As required by Executive Order No. 66(1978), the State Board of Respiratory Care has reviewed these rules and has determined that the rules continue to be necessary, reasonable and proper for the purposes for which they were originally promulgated. The Board has also proposed amendments to bring the rules up to current practice requirements and include minor technical amendments. This proposal has not been calendared pursuant to the requirements of N.J.A.C. 1:30-3.1 and, therefore, a 60-day comment period is provided pursuant to N.J.A.C. 1:30-3.3(a)5.

Subchapter 1 contains the purpose, scope and relevant definitions of the chapter. N.J.A.C. 13:44F-1.1 sets forth the purpose and scope of the chapter. The Board proposes a technical amendment. N.J.A.C. 13:44F-1.2 contains definitions of words and terms used in the chapter. The Board proposes an amendment to update the definition of "trainee" to state that a student must be enrolled in a respiratory care training program accredited by the Committee on Accreditation for Respiratory Care (CoARC), or its successor.

The Board proposes to delete some provisions, recodify others and reserve subchapter 2. The Board has determined that several sections in this subchapter, such as board composition, Board meeting dates and the election of officers, are unnecessary. The remaining provisions will be recodified in subchapter 8 under general provisions.

Subchapter 3 details the authorized practice for licensees. N.J.A.C. 13:44F-3.1 sets forth the scope of practice. The Board proposes amendments to update the rules to current practice by adding hyperbaric oxygenation to permissible testing techniques and making technical changes. N.J.A.C. 13:44F-3.2 sets forth provisions for trainees performing duties under the direction and supervision of a physician. N.J.A.C. 13:44F-3.3 details the requirements for the delegation of activities by a licensee to unlicensed persons. The rule limits the activities which may be delegated as routine tasks which relate to the cleanliness and maintenance of equipment. The licensee must ensure that assistants performing these duties have received sufficient training to complete these tasks. The rule also states that a licensee may not authorize or permit unlicensed persons to engage in direct patient care and that the licensee is responsible for the activities performed by the assistant. The rules require that the licensee conduct an in-person assessment of the equipment and set forth the requirements for these tasks in an out-patient setting. The Board also proposes technical amendments.

Subchapter 4 concerns applicant qualifications and the Board approved examination. N.J.A.C. 13:44F-4.1 details the eligibility requirements for licensure. The Board proposes amendments to state that an applicant must have a high school diploma or its educational equivalent and to change the accreditation of the training program. N.J.A.C. 13:44F-4.2 sets forth the requirements for the examination. The Board proposes amendments to update the rules to the current examination practices of the National Board of Respiratory Care. N.J.A.C. 13:44F-4.3 states that the Board may refuse to issue or may suspend or revoke any license after an opportunity for a hearing for any reasons set forth in N.J.S.A. 45:1-21.

Subchapter 5 details the requirements for temporary licensure. N.J.A.C. 13:44F-5.1 details who is eligible to apply for temporary licensure. The rule also states that all temporary license holders are required to work under the direct supervision of a physician or a licensee and that the temporary license holder must advise the Board of the name and license number of that licensee. The rule requires the holder of a temporary license to take the examination administered by the National Board of Respiratory Care or its successor organization within six months of the issuance of the temporary license unless the holder can demonstrate undue hardship to the Board and specifies that the temporary license will expire six months from the date of issuance. The rule states that the applicant may apply for a second six month temporarylicense if the applicant has failed the first examination. The temporary licensee must take the respiratory care examination within six months of the second issuance of the temporary license, which will expire at the end of the sixth month period unless the temporary licensee can demonstrate undue hardship to the Board.

Subchapter 6 details the eligibility requirements for licensure by endorsement. The proposed amendments make technical changes.

Subchapter 7 deals with license renewals. N.J.A.C. 13:44F-7.1 details requirements for biennial license renewal. The Board has proposed to repeal the rule and propose a new rule to conform the subchapter to the new provisions of the Uniform Enforcement Act, N.J.S.A. 45:1-7. The new rule states that licenses issued by the Board will be issued for two years and details the renewal process. The new rule also states that renewal applications must provide the applicant with the option of either active or inactive status. Those choosing inactive status must pay the inactive license fee and are not permitted to engage in the practice of respiratory care. The new rule also states that a licensee may still renew his or her license within 30 days after the expiration date by submitting a renewal application, license renewal fee and a late fee. The new rule states that a license that is not renewed within 30 days of its expiration is automatically suspended and an individual continuing to practice will be deemed to be engaged in unlicensed practice.

The Board has proposed to repeal N.J.A.C. 13:44F-7.2 and propose a new rule detailing the requirements for the change of license status from inactive to active. The licensee must pay a renewal fee and, if the license has been on inactive status for more than two years, a Board approved refresher class which demonstrates the licensee's ability to practice respiratory care must be taken. Additionally, if a licensee on inactive status has been practicing respiratory care in another state or jurisdiction, the licensee must submit an affidavit to the Board demonstrating that the licensee has been satisfactorily practicing in the other state or jurisdiction.

Proposed new rule N.J.A.C. 13:44F-7.3 details the requirements for the reinstatement of a suspended license. The new rule states that an individual whose license has been automatically suspended for the nonpayment of a biennial renewal fee may be reinstated by the Board if the individual otherwise qualifies for licensure, completes a reinstatement application and submits a certification attesting to whether or not the person has been practicing respiratory care in the time period of license suspension. If the individual was practicing respiratory care during the period the license was suspended, a verification must be submitted from the licensee's employers. The proposed new rule also states that if the license has been suspended between two and five years, the licensee must take a Board approved refresher course to demonstrate his or her ability to practice respiratory care and must submit an affidavit to demonstrate that the satisfactory practice of respiratory care in another state or jurisdiction, if applicable. If the license has been suspended for more than five years, the person must take a Board approved examination to demonstrate the applicant's ability to practice respiratory care. The applicant must also pay a reinstatement fee and all past delinquent biennial renewal fees.

Subchapter 8 contains general provisions. N.J.A.C. 13:44F-8.1 sets forth the fee schedule. The Board proposes amendments to adjust the time frame applicable to the reinstatement fee and add an inactive license fee to the schedule. However, the Board notes that the amount of the fee will be the subject of a future proposal. This fee will be set by the Director of the Division of Consumer Affairs. N.J.A.C. 13:44F-8.2 details the requirements for the maintenance of patient records. The Board proposes an amendment to clarify that licensees must keep records for seven years if the custody of the patient records is within the licensee'sresponsibility. The Board also proposes technical amendments for clarification purposes. N.J.A.C. 13:44F- 8.3 prohibits sexual misconduct by licensees. Proposed new rules N.J.A.C. 13:44F-8.4 dealing with office location of the Board, N.J.A.C. 13:44F-8.5 concerning requirements for a notification to the Board of a change of a licensee's address, N.J.A.C. 13:44F-8.6 dealing with the notification of the Board of a change of name of a licensee and the issuance of a new license, and N.J.A.C. 13:44F-8.7 detailing the procedures for duplicated licenses are unchanged and have been relocated from subchapter 2.

Subchapter 9 addresses unlicensed practice. N.J.A.C. 13:44F-9.1 details acts which are considered to be unlicensed practice. N.J.A.C. 13:44F-9.2 states that it is unlawful to aid or assist in the unlicensed practice of respiratory care.

Social Impact

The rules proposed for readoption have protected the health and welfare of the citizens of New Jersey by identifying those individuals qualified and legally authorized to engage in respiratory care and by establishing high standards of care for those who engage in the practice. Licensees also benefit from the rules which set forth the licensure process and from the public confidence these rules promote. The Board believes that the proposed amendments will enhance the effectiveness of the rules and will have a positive effect on the public and on licensees.

The Board believes that the readoption of the rules and the adoption of the proposed amendments is essential for the Board to continue to identify those individuals who are qualified to render respiratory care services, to establish high standards of care for the profession and to ensure that each licensee is aware of procedures involved with licensure.

Economic Impact

The rules proposed for readoption and the proposed amendments will have an economic impact on applicants for licensure. Some applicants for licensure will incur costs to comply with the educational requirements and the cost to take the respiratory care examination. All applicants will incur licensure fees. Licensees will incur renewal fees, costs of advertising and will be subject to fines and penalties for violating rules. Additionally, those individuals who switch their licensure status from inactive to active and those who seek reinstatement will also incur applicable fees.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption and the proposed amendments do not involve any Federal standards or requirements.

Jobs Impact

The Board does not believe that the rules proposed for readoption and the proposed amendments will increase or decrease jobs in the State.

Agriculture Industry Impact

The rules proposed for readoption and the proposed amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposal will apply. If, for the purposes of the Act, the approximately 3,269 licensed respiratory care therapists, are considered "small businesses" within the meaning of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping, and other compliance requirements of the proposed rules including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs, outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

There are no reporting requirements; however, recordkeeping requirements are contained in N.J.A.C. 13:44F-8.2 as described above in the Summary.

The rules proposed for readoption also impose numerous compliance requirements which have been described in the Summary above.

Subchapter 3 imposes compliance requirements on licensees regarding the scope of practice for licensees, practice by trainees and delegation to unlicensed persons.

Subchapter 4 imposes compliance requirements for the eligibility for licensure and for the respiratory care examination.

Subchapter 5 imposes compliance requirements for applicants and holders of temporary licenses.

Subchapter 6 imposes compliance requirements regarding the eligibility of applicants for licensure by endorsement and the application process.

Subchapter 7 imposes several compliance requirements concerning license renewals including biennial license renewal and inactive status, the process for changing from inactive to active status and the reinstatement of a suspended license.

Subchapter 8 imposes compliance requirements concerning the fee schedule, patient records, the licensee's obligation to inform the Board of a change of address and change of name and the process for obtaining a duplicate license.

Subchapter 9 imposes compliance requirements relating to the unlicensed practice of respiratory care.

Costs of compliance with the rules are discussed in the Economic Impact above. The Board believes that no professional services are likely to be needed to comply with the rules proposed for readoption or the amendments. The Board considers the rules proposed for readoption with amendments necessary to preserve the health, safety and welfare of respiratory care patients. Compliance requirements do no differ based on size of the business in order to ensure that all respiratory care services are provided uniformly throughout the State.

Smart Growth Impact

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

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:44F.

Full text of the proposed amendments follows:

<< NJ ADC 13:44F-1.1 >>

13:44F-1.1 Purpose and scope

(a) This chapter<<-, as effective January 4, 1993,->> 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 <<-hereinafter->> 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 >>

13:44F-1.2 Definitions

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 <<-Board-approved->> respiratory care training program <<+accredited by the Committee on Accreditation for Respiratory Care (CoARC), or its successor+>>.

SUBCHAPTER 2. <<-AGENCY ORGANIZATION AND ADMINISTRATION->> <<+ (RESERVED)+>>

<< NJ ADC 13:44F-2.1 >>

<<-13:44F-2.1 Description of Board->>

<<-The State Board of Respiratory Care, created in the Division of Consumer Affairs of the Department of Law and Public Safety pursuant to P.L. 1991, c.31, shall consist of 11 members appointed by the Governor. Six board members shall be licensed respiratory care practitioners who have been actively engaged in the practice of respiratory care in this State for at least five years immediately preceding their appointment; one board member shall be an administrator of a hospital licensed pursuant to P.L. 1971, c.136; one board member shall be a physician licensed to practice medicine and surgery pursuant to chapter 9 on Title 45 of the Revised Statutes; two board members shall be public members; and one board member shall be a State executive department member appointed pursuant to P.L. 1971, c.60.->>

<< NJ ADC 13:44F-2.2 >>

<<-13:44F-2.2 Office location->>

<<-The offices of the Board are located at 124 Halsey Street, Newark, New Jersey 07102.->>

<< NJ ADC 13:44F-2.3 >>

<<-13:44F-2.3 Meetings of the Board->>

<<-The Board shall meet twice per year and may hold additional meetings as necessary to discharge its duties.->>

<< NJ ADC 13:44F-2.4 >>

<<-13:44F-2.4 Election of officers->>

<<-The Board shall annually elect from among its members a chairman and a vice-chairman.->>

<< NJ ADC 13:44F-2.5 >>

<<-13:44F-2.5 Notification of change of address->>

<<-A licensee 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-2.6 >>

<<-13:44F-2.6 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:->>

<<-1. Legal evidence of such change;->>

<<-2. A copy of the licensee's original license with satisfactory evidence that the licensee is the same person to whom the Board issued the license; and->>

<<-3. The appropriate duplicate license fee as set forth in N.J.A.C. 13:44F-8.1.->>

<<-(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-2.7 >>

<<-13:44F-2.7 Duplicate licenses->>

<<-(a) Any licensee seeking a duplicate license shall forward to the Board the following:->>

<<-1. A notarized statement that the license has been lost or destroyed; and->>

<<-2. The appropriate duplicate license fee as set forth in N.J.A.C. 13:44F-8.1.->>

<<-(b) Upon receipt of the items outlined in (a) above, the Board shall forward a duplicate license to the licensee.->>

<< 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:

1.-5. (No change.)

<<+6. Bronchial hygiene techniques such as:+>>

<<-6.->><<+i. +>>Postural drainage;

<<-7.->><<+ii. +>>Chest percussion; <<+and+>>

<<-8.->><<+iii. +>>Vibration;

<<-9.->><<+7. +>>Breathing exercises;

<<-10.->><<+8. +>><<-Respiratory->> <<+Cardio and/or pulmonary+>> rehabilitation;

Recodify existing 11.-13. as <<+9.-11.+>> (No change in text.)

<<-14.->><<+12. +>>Testing techniques to assist in diagnosis, monitoring, treatment and research including, but not limited to:

i. Measurement of cardio-respiratory volumes, pressure and flow;

ii. Drawing and analyzing of samples of arterial, capillary and venous blood; <<-and->>

iii. Establishment and maintenance of arterial lines, provided the licensee is appropriately trained in this procedure<<+; and+>>

<<+iv. Hyperbaric oxygenation.+>>

(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. <<-1.->> The follow-up visit shall be documented in writing.

<<-i.->><<+1. +>>The documentation <<+of the follow-up visit+>> shall be maintained for all patients during the course of respiratory care, and for a period of one year following the termination of respiratory care services.

<<-ii.->><<+2. +>>The documentation <<+of the follow-up visit+>> shall be available for the Board's inspection on the business premises of the licensee or person exempt from licensure who conducts the follow-up visit, within 12 business hours of the Board's request. For the purposes of this section, "business hours" is defined as the hours between 9:00 A.M. and 5:00 P.M. Monday through Friday.

<< 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:

1. Has a high school diploma or its <<+educational+>> equivalent <<-as approved by the Board->>;

2. Has successfully completed a training program accredited by the <<-Joint Review Committee for Respiratory Care Education (JRCRCE) of the Council on Allied Health Education and Accreditation, or its successor->> <<+ Committee on Accreditation for Respiratory Care (CoARC) or its successor+>>; and

3. (No change.)

<< 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 <<-or the substantial equivalent thereof->>.

1. Applications for examination should be obtained from the National Board for Respiratory Care. <<+Examinations may be taken at such times and places designated by the National Board for Respiratory Care.+>>

<<-2. Examinations shall be held within the State at least twice per year at a time and place to be determined by the Board. The Board shall give adequate written notice of the examination to applicants for licensure and examination.->>

<<-3.->><<+2. +>>The passing score required in order to be licensed shall be <<-the same as->> the passing score identified by the National Board for Respiratory Care <<-or, if a substantially equivalent examination is used, the passing score is identified by the body administering that 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:

1. An application form together with the required fee <<+as set forth in N.J.A.C. 13:44F-8.1+>>;

2. Proof <<-satisfactory to the Board->> <<+which establishes+>> that the applicant is currently licensed in another state or possession of the United States or the District of Columbia and that the license is in good standing; and

3. (No change.)

<< NJ ADC 13:44F-7.1 >>

13:44F-7.1 Biennial license renewal<<+; inactive status+>>

<<-(a) Prior to the expiration of the current biennial license period, the licensee shall submit an application for license renewal together with the biennial license renewal fee.->>

(b) If the licensee fails to renew his or her license on or before the date specified in the license renewal notice, the license shall automatically expire.<<-->>

<<+(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 <<-Reinstatement->> <<+Change of license status: inactive to active+>>

<<-(a) If a license expires due to nonpayment of the biennial renewal fee, it may be reinstated within two years upon application to the Board and payment of the current and any past due biennial renewal fee together with the pertinent late fee or reinstatement fee as set forth in N.J.A.C. 13:44F- 8.->>

(b) The Board will not renew a license if the renewal application is submitted to the Board more than two years after the date of license expiration. In such event, the individual shall be required to apply for an initial license and to take the next scheduled examination.<<-->>

<<+(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:+>>

<<+1. A certification of licensure in good standing from any other state or jurisdiction in which the applicant has practiced respiratory care during the period the license was suspended in this State;+>>

<<+2. Certification by the applicant stating that he or she has practiced respiratory care in a state or jurisdiction which does not require certification or licensure, during the period the license was suspended in this State; or+>>

<<+3. Certification stating that the applicant has not practiced respiratory care, in this or any other jurisdiction during the period the license was suspended in this State.+>>

<<+(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 >>

13:44F-8.1 Fees

(a) State Board of Respiratory Care charges for licensure and other services as follows:

1.-7. (No change.)

8. Reinstatement fee (after <<-60->><<+30+>> days) 175.00

9.-10. (No change.)

<<+11. Inactive license fee (Reserved+>>

<< NJ ADC 13:44F-8.2 >>

13:44F-8.2 Patient records

(a) Respiratory care practitioners shall prepare contemporaneous, permanent treatment records. <<-Every->> <<+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:

1.-5. (No change.)

6. Written prescription for care or a care plan signed by a physician <<+or such other health care practitioners authorized by law to prescribe+>>, or a verbal order or prescription memorialized by the prescriber in writing pursuant to the provisions of N.J.A.C. 13:44F-3.1(b)3. The licensee shall document verbal prescriptions in the patient record contemporaneously with administration of treatment;

7.-8. (No change.)

9. The signature or initials of the licensee who rendered the care. If the licensee chooses to sign by means of initials, his or her complete signature <<-must->> <<+shall+>> appear at least once in the records.

(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:

1. (No change.)

2. Except where the complete record is required by applicable law, <<-the licensee may elect to provide a summary of the record, as long as that summary adequately reflects the patient's history and treatment,->> where the written request comes from an insurance carrier or its agent with whom the patient has a contract which provides that the carrier be given access to records to assess a claim for monetary benefits or reimbursement<<+, the licensee may elect to provide a summary of the record, as long as that summary adequately reflects the patient's history and treatment+>>.

3.-4. (No change.)

<< 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:+>>

<<+1. Legal evidence of such change;+>>

<<+2. A copy of the licensee's original license with satisfactory evidence that the licensee is the same person to whom the Board issued the license; and+>>

<<+3. The appropriate duplicate license fee as set forth in N.J.A.C. 13:44F-8.1.+>>

<<+(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:+>>

<<+1. A notarized statement that the license has been lost or destroyed; and+>>

<<+2. The appropriate duplicate license fee as set forth in N.J.A.C. 13:44F-8.1.+>>

<<+(b) Upon receipt of the items outlined in (a) above, the Board shall forward a duplicate license to the licensee.+>>

 

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Rule Proposals State Board of Respiratory Care Consumer Affairs
Feedback NJ Dept. of Law and Public Safety State of New Jersey

Posted May 6, 2002