Final

The June 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. Dorcas K. O’Neal, Executive Director Robert Malovany, M.D.

Also in attendance: Tobey Palan, Deputy Attorney General, Kathleen Griffith and Bernadette Abercrombie, staff.

Public attendance: Joseph Goss, RRT.

I. APPROVAL OF MINUTES

The Board reviewed the Public Session Minutes of May 6, 2008. On a motion by James Brophy, seconded by Michael G. Brown, the Board unanimously approved the Public Session Minutes as redacted.

II. OLD BUSINESS

a. The Board reviewed Penalties for failure to obtain Continuing Education Credits for the Board of Dentistry, as informational.

III. NEW BUSINESS

a. The Board reviewed Division of Law Billing for the 3rd quarter of Fiscal Year, 2007-2008 as informational.

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

c. The Board reviewed the License Renewal Chart prepared by Chairman Capek, N.J.S.A 45:1-7.3, Renewal application, as informational.

d. Sponsors Criteria - The Board discussed changes to the continuing education regulations in subchapter 10 - Mr. Brophy. The Board is considering proposing a new rule that will impose requirements upon continuing education course sponsors. The rule would require sponsors to provide certain information to course participants and to keep records of course attendance. The Board discussed adding the American Medical Association and the American Nursing Association to the list of approved continuing education course providers. The Board also discussed proposing a new rule which will advise licensees that failure to comply with the continuing education requirements could result in the imposition of penalties and fines. Regulatory Analyst, Maryann Sheehan will present a draft. Reagendized.

IV. INFORMATIONAL/FYI

None.

VI. LEGISLATION/REGULATIONS

a. The Board reviewed 2008 Regulation Proposals DELEGATION- Subchapter 3 13:44F-3.3, with Maryann Sheehan, Regulatory Analyst as follow:

(a) No change

SUBJECT: CLARIFICATION: LICENSE RENEWAL
Subchapter 7, N.J.A.C. 13:44F-7.1 (d)

DELETE- "if the notice to renew is not sent out 60 days prior to the expiration date, no monetary penalty or fines shall apply to the holder for any unlicensed practice during the period following the licensure expiration, not to exceed the number of days short of 60 before the renewals were issued."

REPLACE - "if the notice to renew is not sent out 60 days prior to the expiration date, the renewal period will be extended equal to the time in days that the notice for renewal was sent out late to each licensee. Therefore fines and penalties will not be enforced during this extended period." Reagendized.

b. The Board reviewed Board of Respiratory Care Rules Readoption with Amendments: N.J.A.C.13:44F, published in the New Jersey Register, Monday May 5, 2008, as informational.

c. The Board reviewed Chapter 44 F, with Maryann Sheehan, Regulatory Analyst as follow.

Change 13:44F-3.1(d) to say that a respiratory care practitioner may delegate the assembly, disassembly, cleaning, disinfection and sterilization, as needed, of all respiratory care equipment. The respiratory care practitioner can also continue to delegate the maintenance and safe handling of oxygen and specialty gas cylinders and oxygen concentrators.

Delete (d) 3i, which prohibits an assistant from setting up, testing, exchanging and demonstrating mechanical ventilators or positive pressure oxygen equipment. The rule must specify that the respiratory care practitioner must perform system checks on the patient. Reagendized.

PUBLIC COMMENTS

a. Mr. Goss, RRT, attended the Public Meeting. He stated that respiratory care practitioners are looking for hospital based courses not larger entities for CE credits. The Board should put a blanket statement in the regulations so that the licensees have to prove that the courses are related to respiratory care. He stated that the licensees should return the log of rounds which was done at the hospital. This will prove that the licensees took courses that were respiratory care related.

Mr. Brozoski stated that this would be an ongoing discussion regarding CEs being done at hospitals.

Mr. Goss offered to invite the Director of Allied Health Care, the Director of Respiratory Care in Orange, New Jersey to attend the July meeting and present what the delivery person does.

VI. OTHER BUSINESS

THIS MATTER WAS MOVED TO THE PUBLIC SESSION.

a. I/M/O Life Support Technologies, Inc. - An Anonymous letter alleging Life-Support Technologies Inc., (LST) is operating hyperbaric facilities in New Jersey hospitals. The website of LST indicates it will furnish a hospital with the equipment and (personnel nurse manager and certified technician) necessary to assist the facility with its existing chronic wound and hyperbaric medicine programs.

The draft response by Chairman Capek was not available. This matter was reagendized.

There being no other business to come before the Board in Public Session, on a motion by James Brophy, seconded by Jeffrey Brozoski, the meeting was adjourned and the Board moved into Executive Session for the purpose of receiving counsel, to conduct two investigative inquiries and to review five items of old business.

The Board reconvened in public Session. The next scheduled meeting is July 1, 2008. There being no other business to come before the Board, on a motion by James Brophy, seconded by Janet Castronovo, the Board adjourned the meeting at 2:00 p.m.

Respectfully submitted,

Dorcas K. O’Neal
Executive Director

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