51 N.J.R. 1664(a)
VOLUME 51, ISSUE 22, NOVEMBER 18, 2019
51 N.J.R. 1664(a)
NJ - New Jersey Register > 2019 > NOVEMBER > NOVEMBER 18, 2019 > RULE PROPOSALS > LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS
Interested Persons Statement
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of N.J.S.A. 52:14B-3 . An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-6.3 . The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE ACUPUNCTURE EXAMINING BOARD
Administrative Code Citation
Proposed Amendment: N.J.A.C. 13:35-9.20
Continuing Professional Education Requirements
Authorized By: State Acupuncture Examining Board, ToniAnn Petrella-Diaz, Executive Director, and State Board of Medical Examiners, William Roeder, Executive Director.
Authority: N.J.S.A. 45:2C-3.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2019-144.
Submit comments by January 17, 2020, to:
ToniAnn Petrella-Diaz, Executive Director
State Acupuncture Examining Board
Division of Consumer Affairs
124 Halsey Street
PO Box 45002
Newark, New Jersey 07101
[page=1665] or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The proposal of the agency follows:
The State Acupuncture Examining Board (Board) proposes to amend N.J.A.C. 13:35-9.20 to require licensed acupuncturists to hold current certification in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED) as part of continuing education required to renew licensure. The certification must be from the American Heart Association, or a substantially similar course approved by the American Red Cross, National Safety Council, Coyne First Aid, Inc., American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc. In recognition of the hours required to obtain the certification, the Board proposes to reduce the number of required continuing education hours from 30 to 26. The Board is changing the total credits that could be obtained by certain methods to reflect that half of the total required hours will be 13 rather than 15. The Board also proposes to allow licensees who complete more than the continuing education hours required to renew licensure to apply those additional hours to the immediately succeeding biennial license renewal period.
The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.
The proposed amendment will benefit the public by ensuring that acupuncturists have training in lifesaving techniques.
The Board believes that the proposed amendment may have an undetermined economic impact upon acupuncturists, since they will have to pay a fee for certification in CPR, first aid, and the use of an AED. However, these costs may be offset in full or in part by the proposed four-hour reduction in continuing education. The Board does not impose or control the fees for such certifications and education programming. Although the Board is unable to estimate what that cost will be, it anticipates that the costs and benefits of the proposed amendment will vary for individual licensees depending, in part, on how much they would otherwise pay to secure the four hours of continuing education credits that the proposed amendment would make unnecessary.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment.
The Board does not believe that proposed amendment will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The proposed amendment will have no impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
Since acupuncturists are individually licensed 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 economic impact on small businesses will be the same as that imposed on all businesses as detailed in the Economic Impact above. The Board does not believe that acupuncturists will need to employ any additional professional services to comply with the requirements of the proposed amendment. The proposed amendment imposes no reporting or recordkeeping requirements but imposes compliance requirements upon acupuncturists as detailed in the Summary above, while reducing other compliance requirements.
The proposed amendment will protect the health, safety, and welfare of patients who receive services from acupuncturists; therefore, no differing compliance requirements are provided to acupuncturists based upon the size of a business.
Housing Affordability Impact Analysis
The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns continuing education requirements for acupuncturists.
Smart Growth Development Impact Analysis
The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment 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 amendment concerns continuing education requirements for acupuncturists.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Board has evaluated this proposed amendment and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the proposal follows (additions indicated in boldface thus; deletions in brackets [thus]):
SUBCHAPTER 9. ACUPUNCTURE
13:35-9.20 Continuing professional education requirements
(a)-(b) (No change.)
(c) No license renewal shall be issued by the Board unless the acupuncturist confirms on the renewal application that he or she completed at least  26 hours of continuing education detailed in (d) below and holds current certification in CPR, first aid, and use of an automated external defibrillator (AED) from courses offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.
(d) Credit for continuing professional education shall be granted as follows for each biennial period:
1. Publishing in a national professional journal, an article related to the practice of acupuncture: three continuing education hours per article, up to  13 hours;
2.-3. (No change.)
4. Teaching new courses or seminars related to the practice of acupuncture. "New" means that the acupuncturist has never taught or developed curriculum for that seminar or lecture in any educational setting: one continuing education hour per contact hour, up to  13 hours;
5.-6. (No change.)
7. Successfully completing a distance learning course approved by NCCAOM: one continuing education hour for each contact hour, up to  13 hours;
8.-9. (No change.)
(e)-(g) (No change.)
[(h) Credits taken in excess of the 30 required for biennial license renewal shall not be carried over for use in subsequent renewal periods.]
(h) An acupuncturist who completes more than the minimum continuing education hours set forth in (b) above, in any biennial license renewal period, may carry over the additional hours to the immediately succeeding biennial license renewal period.
(i)-(k) (No change.)
In order to ensure your comments are received, please send your comments concerning any rule proposals via email to DCAProposal@dca.lps.state.nj.us.
Please include the following in your email:
Email Subject Line: Rule Proposal Subject
Email Body: Comments to the Rule Proposal, Name, Affiliation and Contact Information (email address and telephone number)