FINAL

The May meeting of the New Jersey State Board of Respiratory Care was convened in accordance with its notice to the Secretary of State, the Bergen Record, the Trenton Times, the Courier Post and the Star-Ledger and was conducted in accordance with the provisions of the Open Public Meetings Act.

Chairman, Capek convened the meeting at 10:00 a.m. A roll call was taken and the following attendance was recorded for these minutes.

PRESENT: Jeffrey Brozoski Kenneth Capek
Michael G. Brown James Brophy
Janet Castronovo

ABSENT: Tajwar Aamir, M.D. Robert Malovany, M.D.

Also in attendance: Dorcas K .O’Neal, Executive Director, Toby Plan, Deputy Attorney General and Bernadette Abercrombie, staff.

Public attendance: John B. Kalynovych, RRT., Ben Cortese, RRT, Clinical Coordinators, Morristown Memorial Hospital and Joseph Goss, RRT.

I. APPROVAL OF MINUTES

The Board reviewed the Public Session Minutes of April 1, 2008. On a motion by Michael G. Brown, seconded by Janet Castronovo, the Board unanimously approved the Public Session Minutes as amended.

II. OLD BUSINESS

a. Proposed criteria for Eligibility For Educational Sponsors for Non-Clinical Respiratory Care Continuing Education Credit. GUIDELINES FROM NEW YORK AND OHIO, was reagendized for further review.

b. The Board reviewed Board of Dentistry penalties which start at $500.00, up to $2,500.00 and determined that this matter be reagendized for further discussion.

c. The Board reviewed Fee Schedule for CE Credit Omission. The Board discussed the range of penalties and the punitive impact for failure to obtain the requisite courses. A one ($1000.00) thousand dollar penalty was discussed. It was the consensus of the Board to promulgate a regulation. Maryann Sheenan, Regulatory Analysis, will be asked to attend the next meeting.

d. The Board reviewed Requirements for Sponsors fo CEU’s. Chairman, Capek asked Boardmember Brophy to a comparative analysis between the AMA and the ANA. On a motion by Jeffrey Brozoski, seconded by Michael G. Brown, the Board approved the drafting of a comparative analysis by Board member, Brophy, for the AMA and ANA. Next meeting Mr. Brophy will look into the sleep criteria for CE’s.

III. NEW BUSINESS

a. The Board reviewed a letter from Edward J. Mehaffey, RRT/CPFT, commenting on Subchapter 3, 13:44F-3.3(g). He stated that he would like the Board to comment on the regulation pertaining to amending this regulation from a 24 hour follow-up visit to a 72 hour follow-up visit. The comment period ended January, 2008. However the Board discussed Mr. Mahaffey’s issue and determined that any period over 24 hours places patients in jeopardy. Querist will be so advised.

b. The Board reviewed Respiratory Care Total Revenues for March, 2008, as informational.

c. E-mail from DAG, Palan, regarding CE credits from entities other that the AMA. (Dr. Aamir provided this information for the April 1, 2008, meeting). DAG, Plan advised the Board that. She confirmed from the BME medical director that the AACME actually does the approving of CE courses in the name of the AMA, and on the ACCME website there are many providers of CE that the ACCME accredits in the name of the AMA. Also, the BME accepts CE credits from the American Osteopathic Association. (AOA), the American Academy of Family Physicians (AAFP), and the Council for Podiatric Medical Education.

IV. INFORMATIONAL/FYI

None.

VI. LEGISLATION/REGULATIONS

a. The Board reviewed Respiratory Care Pamphlet Laws, as informational.

V. PUBLIC COMMENTS

a. John Kalynovych, RRT. Overlook Hospital, and Ben Cortese, RRT., Clinical Coordinator, Morristown Memorial Hospital, attended the Public Meeting to discuss a letter regarding delegation, that Mr. Cortese submitted to the Board. In his letter Cortese inquired as to whether N.J.A.C. 13:44F-3.3(d)3i, prevents the equipment tech from processing, i.e., cleaning, setting up and testing a mechanical ventilator, CPAP or BIPAP and thereby making that equipment available for a licensed respiratory care practitioner. He stated that he missed the comment period and would like the Board to open that discussion. Mr. Kalynovych stated that if it intent is to prevent a non-licensed person from having direct contact with patient, how is it that the nursing tech is trained to take vital signs. Further, Mr. Kalynovych stated it seems the Board is saying that therapists can have equipment techs but they are not allowed to set up etc. Chairman Capek, stated that the regulations will be adopted in May and that the Board will revisit the delegations rule as well as others. He stated that at the next opportunity he would like the Board to address N.J.A.C. 13:44F-3.3(d) 3i.

Mr. Goss stated that the Society does not agree with some of the changes in the Delegation rule.

VI. OTHER BUSINESS

a. Board members audited Mr. Brozoski for the Continuing Education Credit for the cycle ending March 31, 2008. Mr. Brozoski produced 21 CE’s and was advised by the Board that he meet the CE’s requirement for the cycle ending March 31, 2008.

There being no other business to come before the Board in Public Session, on a motion by James Brophy, seconded by Jeffrey Brozoski, the Board adjourned the Public Session and moved into Executive Session for the purpose of receiving counsel, to review three items of old business and one item of new business.

The Board reconvened in public Session. The next scheduled meeting is June 3, 2008. There being no other business to come before the Board, on a motion by James Brophy, seconded by Michael G. Brown, the Board adjourned the meeting at 2:00 p.m.

Respectfully submitted,

Dorcas K. O’Neal
Executive Director

Contact Us | Privacy Notice | Legal Statement | Accessibility Statement

division: dca home | complaint forms | licensing boards | adoptions | proposals | minutes | consumer protection

departmental: lps home | contact us | news | about us | FAQs | library | employment | programs and units | services a-z

statewide: nj home | my new jersey | people | business | government | departments | search