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NEW JERSEY REGISTER
VOLUME 35, NUMBER 20
MONDAY, OCTOBER 20, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING
MASSAGE, BODYWORK AND SOMATIC THERAPY EXAMINING COMMITTEE

Proposed New Rules: N.J.A.C. 13:37-16

Proposed Amendment: N.J.A.C. 13:37-5.5

Authorized By: New Jersey Board of Nursing, in consultation with the Massage, Bodywork and Somatic Therapy Examining Committee, George Hebert, Acting 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 2003-424.

Submit written comments by December 19, 2003 to:

George Hebert, Acting Executive Director

New Jersey Board of Nursing

PO Box 45010

124 Halsey Street

Newark, NJ 07101

The agency proposal follows:

Summary

P.L. 1999, c.19, the Massage, Bodywork and Somatic Therapist Certification Act (the Act) (N.J.S.A. 45:11-53 through 67) became effective February 8, 1999. The Act created within the Division of Consumer Affairs, under the State Board of Nursing (the Board), the Massage, Bodywork and Somatic Therapy Examining Committee (the Committee). The Committee was assigned the responsibility of establishing certification standards for massage, bodywork and somatic therapists. In order to implement the provisions of the Act, the Board is proposing a new subchapter entitled "Massage, Bodywork and Somatic Therapy Advisory Committee" to be codified at N.J.A.C. 13:37-16. The proposed new rules provide for the certification and regulation of massage, bodywork and somatic therapists in the State of New Jersey.

N.J.A.C. 13:37-5.5 is proposed for amendment to include fees for the certification of massage, bodywork and somatic therapists. The amendment sets forth an application fee of $75.00; an initial certification fee of $120.00, if paid during the first year of a biennial renewal period, or $60.00, if paid during the second year of a biennial renewal period; and a renewal fee of $120.00. The amendment also sets a $50.00 fee for late certification renewal, a $100.00 fee for a lapsed certificate, a $100.00 fee for a continuing education sponsor and $35.00 fee for a duplicate certificate. The amendment includes reference to an inactive fee, to be set by rule at a future date.

The following is a summary of the sections within N.J.A.C. 13:37-16. Proposed N.J.A.C. 13:37-16.1 identifies the purpose and scope of the rules. Subsection (a) specifies the implementation of P.L. 1999, c.19, as the purpose of the subchapter. Subsection (b) specifies that the rules apply to all persons certified as massage, bodywork and somatic therapists as well as all applicants for certification as massage, bodywork and somatic therapists. Subsection (c) states that the subchapter does not preclude individuals without certification from rending massage, bodywork and somatic therapy provided these individuals do not use specific titles or abbreviations that would indicate that the individual is certified by the State. Subsection (d) specifies that the subchapter does not govern any "alternative medicines" that do not constitute massage, bodywork and somatic therapy.

Proposed N.J.A.C. 13:37-16.2 contains definitions of words and terms used throughout the subchapter.

Proposed N.J.A.C. 13:37-16.3 sets forth the requirements for individuals currently practicing massage, bodywork and somatic therapy, who seek initial certification as a massage, bodywork and somatic therapists under the grandfathering provision. Applicants who apply within 720 days of the effective date of these regulations need not meet the educational requirements of N.J.A.C. 13:37-6.4 if the applicant has completed at least 200 hours of education and training and has practiced either full-time as a massage, bodywork and somatic therapist over the last two years or part-time for the last five years. This education must be taken in a massage, bodywork and somatic therapy program which is approved by either the New Jersey Department of Education, the department of education of another state or a program which meets the requirements of N.J.S.A. 18A:69-1 et seq. and N.J.A.C. 6A:18-1. The 200 hours of education must consist of 45 hours of anatomy and physiology, 150 hours of theory and practice and five hours of ethics. An individual applying pursuant to this section is required to submit an application which includes a notarized affidavit indicating that the applicant 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, evidence that the applicant completed the 200 hours of education, proof that the applicant is currently certified in Basic Life Support (BLS) from a course approved by the American Heart Association, two affidavits of good moral character and the application fee. The Committee will issue a certification to an applicant who meets these requirements and who is not disqualified for certification pursuant to the provisions of N.J.S.A. 45:1-14 et seq.

Proposed N.J.A.C. 13:37-16.4 sets forth requirements for certification as a massage, bodywork and somatic therapist. An applicant may qualify for certification as a massage, bodywork and somatic therapist by either completing a course of study or passing the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) or National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination. An applicant who qualifies for certification by taking an examination must submit to the Committee an application, proof that the applicant has successfully passed the written examination, proof that the applicant has current certification in BLS, two affidavits of good moral character and the application fee. An applicant who qualifies for certification by completing a course must submit an application, a transcript from a school of massage, bodywork and somatic therapy, proof that the applicant has certification in BLS, two affidavits of good moral character and the application fee. A course of study in massage, bodywork and somatic therapy must include 100 hours of anatomy, physiology and pathophysiology, six hours in ethics, six hours in law regarding the practice of massage, bodywork and somatic therapy, 225 hours of theory and practice, 100 hours of clinical practice and 70 hours of electives related to the practice of massage, bodywork and somatic therapy. The Committee will issue a certification to an applicant who meets these requirements and who is not disqualified for certification pursuant to the provisions of N.J.S.A. 45:1-14 et seq.

Proposed N.J.A.C. 13:37-16.5 allows an applicant, who is licensed or certified in another state as a massage, bodywork and somatic therapist, to qualify for certification in New Jersey if the educational requirements of the certifying state are substantially similar to those required in this State. Such an applicant must submit to the Committee an application form, verification of licensure or certification in another state, proof the applicant has current certification in BLS, two affidavits of good moral character, a copy of the statutes and regulations regarding massage, bodywork and somatic therapy from the state of licensure or certification and the application fee. The Committee will review the statutes and regulations of the other state to determine whether the certification requirements of the other state are substantially similar to New Jersey standards. The Committee will issue a certification to an applicant who meets these requirements and who is not disqualified for certification pursuant to the provisions of N.J.S.A. 45:1-14 et seq.

Proposed N.J.A.C. 13:37-16.6, Renewal of certification, requires certificants to renew certification every two years. Certificants must attest that they have completed the continuing education requirements for the prior biennial period when renewing certification. The Committee is required to send renewal notices to certificants at least 60 days prior to the expiration of a certificate; if the Committee fails to do this, it cannot assess monetary penalties for failure to renew. A certificant is required to renew certification by the expiration date by paying the renewal fee and submitting a renewal application. A certificant who fails to renew by the expiration date may renew certification within 30 days of the expiration date by paying the renewal and late fee and submitting the renewal application. A certificant who does not renew within this 30 day period date shall be suspended without a hearing. A person who holds oneself out as State certified after being suspended is in violation of N.J.A.C. 13:37-16.9. A person who has been suspended may seek reinstatement within five years of the expiration date of the certification by submitting to the Committee a reinstatement application, all past delinquent renewal fees, the reinstatement fee, a certification verifying completion of all continuing education credits and an affidavit listing all jobs held during the period of suspension. A person seeking reinstatement after more than five years following a suspension must submit the same items required of a person who has been suspended for less than five years and must also successfully complete the examination required by N.J.A.C. 13:37-16.4(a)2. Renewal applications will provide a certificant with the option of renewing as inactive. Certificants renewing as inactive shall not hold themselves out as State certified massage, bodywork and somatic therapists. The Committee may permit a certificant on inactive status to return to active status if the certificant completes the continuing education credits that are required for each biennial period the certificant has been on inactive status and the certificant holds a current certification in BLS.

Proposed N.J.A.C. 13:37-16.7 addresses a certificant's scope of practice. Certificants are allow to practice only those methods of massage, bodywork and somatic therapy for which they have received training. The certificant must have either learned these methods during the initial training as outlined in N.J.A.C. 13:37-16.3(b), from a course offered by a provider approved by the NCBTMB or NCCAOM, from a course offered by an agency recognized by the United States Department of Education or from a course offered by a school which is approved by a state's Department of Education. Regardless of the training a certificant receives, no certificant will be permitted to perform: colonic irrigations; prostate massages; vaginal massages; internal organ movement; manual lymph drainage or decongestive therapy; animal therapies prohibited by N.J.S.A. 45:16-1 et seq.; any application of electrical current to the body; or ultrasound therapy.

Proposed N.J.A.C. 13:37-16.8 requires certificants to comply with infection control precautions. Certificants are required to wash their hands with liquid disinfectant soap before and after each client session. Certificants shall immediately wash their hands upon contact with blood, bodily fluids or secretions, not including sweat, or any item that has touched a patient. If hand washing facilities are unavailable, certificants must disinfect their hands with a bactericidal agent. A certificant is prohibited from refilling liquid soap containers and must use clean linens and drapes or disposable coverings for each client. Certificants must dispose of soiled items in a container lined with a plastic bag, securely fastened and disposed daily, unless otherwise specified by State and local health regulations. Certificants must use hospital-grade disinfectant registered with the Environmental Protection Agency to disinfect the following: any equipment that comes in contact with a client, prior to the treatment of the client; exposed surfaces; implements or tools used during a client session; face cradles and arm rests; and all ice and heat pack equipment. If massage lubricants are used, the lubricants must be stored in sanitary containers. The lubricant containers must be kept free of debris and must be sanitized between each client session and before refilling. The lubricants must be stored according to manufacturers' recommendations, separately from cleaning supplies. If lubricant creams are used, the certificant must remove the cream from the main container with a disposable instrument and place the cream in a separate container which must be discarded after the client session. All single service materials and linens must be stored in shelves, containers, cabinets or closets off of the floor. Soiled linens and draping materials must be either commercially laundered or washed in a washing machine in hot water and dried on the high heat setting in a clothes dryer. Clean linens must be stored separately from dirty linens and trash. Whenever a certificant is providing massage, bodywork and somatic therapy in a temporary location, all equipment used must be sanitized pursuant to the standards set forth by the rule. Certificants must maintain a clean environment in the massage, bodywork and somatic therapy establishment and ensure that the establishment is well-lit, ventilated and free of animals, except as provided by law. Certificants shall ensure that clients are provided access to a restroom.

Proposed N.J.A.C. 13:37-16.9 sets forth designations for certificants and prohibitions for uncertified persons. An active certificant is allowed to use the titles "massage, bodywork and somatic therapist," "registered massage, bodywork and somatic therapist," "certified massage, bodywork and somatic therapist," "massage and bodywork therapist," "certified massage and bodywork therapist," "certified oriental bodywork therapist," "certified Asian bodywork therapist," "certified massage therapist" or the abbreviations "MBT," "RMBT," "CMBT," "CMBST," "COBT," "CABT" or "CMT." Unless possessing an active and current certification from the Committee, no person, business entity or its employees, agents or representatives may use the titles "massage, bodywork or somatic therapist," "registered massage, bodywork and somatic therapist," "certified massage, bodywork and somatic therapist," "certified massage therapist," "certified bodywork therapist," "certified somatic therapist," or the abbreviations "MBT," "RMBT," "CMBT," "CMBST," "COBT," "CABT," "CST," "CBT" or "CMT." No one may use the term "licensed massage therapist" or the abbreviation "LMT" unless they are licensed in another state and indicate the state of licensure when identifying themselves as licensed. Any person who holds a certification from a school or agency, but who is not certified by the Committee pursuant to these rules, may not identify themselves as certified. The rule also states that the subchapter does not preclude uncertified individuals from rendering massage, bodywork and somatic therapy, provided these individuals do not hold themselves out as State certified. A certificant is prohibited from using a title that does not accurately reflect the certificant's education and area of expertise.

Proposed N.J.A.C. 13:37-16.10 requires certificants to display the certificate of certification in view of clients when providing massage, bodywork and somatic services at their place of business. The rule also requires certificants to possess and display the certificant of certification when providing massage, bodywork and somatic services at locations other than their place of business. The certificate of certification displayed must either be the original certificate or a duplicate certificate obtained from the Committee.

Proposed N.J.A.C. 13:37-16.11 sets forth continuing education requirements. Subsection (a) requires certificants to attest that they have completed the continuing education requirements when renewing certification. Subsection (b) requires certificants to obtain current certification in BLS and to complete 20 credit hours of continuing education related to the practice of massage, bodywork and somatic therapy every biennial period. A certificant who is initially certified in the second year of a biennial renewal period need only complete 10 credit hours of continuing education for that biennial renewal period. A certificant who completes more than the required amount of continuing education credits in one biennial period may carry no more than 20 of the additional credit hours to the next biennial period.

Subsection (e) of N.J.A.C. 13:37-16.11 outlines how a certificant can meet the continuing education requirements. A certificant is awarded one hour of credit for each hour of attendance in a continuing education course related to massage, bodywork and somatic therapy either: approved by the National Certification Board for Therapeutic Massage and Bodywork, the National Certification Committee on Asian and Oriental Medicine, the American Massage Therapy Association, the American Oriental Bodywork Therapist Association, the Association of Bodywork and Massage Professionals, or the American Nurses Credentialing Center; approved by the Committee pursuant to subsection (h); given by a school of massage, bodywork or somatic therapy that meets the requirements of N.J.A.C. 13:37-16.3(b); or given by a school, college or university accredited by the New Jersey Department of Education or another state's department of education. A certificant is awarded one credit hour for each hour spent either teaching a new continuing education course or presenting a new seminar or lecture to professional peers. A certificant is awarded four credit hours for each chapter he or she writes for a textbook directly related to massage, bodywork and somatic therapy, but is limited to earning 20 credit hours through the authorship of a textbook. A certificant is awarded four credit hours for authoring a published article related to massage, bodywork and somatic therapy, which has been refereed through peer review.

Subsection (f) authorizes the Committee to perform random audits of certificants to determine compliance with the continuing education requirements. A certificant must keep documentation that shows that he or she has completed the continuing education requirements for four years. This documentation shall consist of: certificates of completion for course or programs; published items; copies of curriculum with locations, dates and times of courses taught; and the location, date and duration of any lectures or seminars presented. Subsection (g) allows the Committee to waive continuing education requirements for reasons of hardship. A certificant seeking a waiver must apply to the Committee at least 90 days prior to the certificate renewal date. Any waiver of continuing education requirements is valid only for one biennial period. Pursuant to subsection (h), a sponsor of continuing education programs which seeks Committee approval shall obtain Committee approval prior to representing that any course fulfills continuing education requirements, submit detailed course descriptions and curriculum vitae for instructors 90 days prior to presenting a course and submit an approval fee pursuant to N.J.A.C. 13:37-5.5(e) for each submission of course offerings. Subsection (i) allows the Committee to order a certificant to complete continuing education credit hours as a disciplinary measure or to cure any deficiency in the certificant's continuing education. Any continuing education credit hours completed pursuant to Committee orders shall not be used to satisfy the continuing education requirements of N.J.A.C. 13:37-16.11.

Proposed N.J.A.C. 13:37-16.12 addresses sexual misconduct. The section identifies for certificants conduct which is deemed sexual misconduct. Subsection (b) defines terms for the section such as "client-therapist relationship" and "sexual contact." Subsection (c) states that a certificant shall not engage in sexual contact with a client while the client-therapist relationship is ongoing. A relationship is ongoing unless the last provision of massage, bodywork and somatic therapy was rendered more than three months ago. Subsection (d) prohibits a certificant from seeking sexual contact with a client or with any person in exchange for professional services. Subsection (e) prohibits a certificant from engaging in a discussion of an intimate sexual nature with a client unless that conversation is related to a legitimate massage, bodywork and somatic therapy purposes. Certificants are prohibited from discussing their own sexual relationships with a client. Subsection (f) requires a certificant to provide privacy for clients in order to prevent the exposure of the unclothed body of the client. Subsection (g) prohibits a certificant from engaging in sexual harassment inside or outside of the professional setting. Subsection (h) prohibits a certificant from engaging in any activity that a reasonable person would believe serves the certificant's personal prurient interests or which is for the sexual arousal or sexual gratification of the certificant or client or which constitutes an act of sexual abuse. Subsection (i) states that any violation of subsections (c) through (h) constitutes professional misconduct pursuant to N.J.S.A. 45:1- 21(e). Subsection (j) states that these rules shall not prevent a certificant from rendering massage, bodywork or somatic therapy to a spouse, provided such therapy is consistent with accepted standards and is not used to exploit the spouse for the sexual arousal or sexual gratification of the certificant. Subsection (k) sets forth that it is not a defense to an action under this section that the client solicited or consented to the sexual contact or that the certificant is in love with the client.

Proposed N.J.A.C. 13:37-16.13 deals with advertising. Subsection (a) allows certificants to provide information to the public by advertising in print or electronic media. Subsection (b) sets forth definitions for terms used in this section. Subsection (c) states that a certificant who uses any false claim, promotes services for which the certificant did not receive training or provides identifying information of a client without obtaining the client's prior written consent, in an advertisement, engages in professional misconduct. Subsection (d) requires a certificant to substantiate the truthfulness of any representation made in an advertisement to the Committee upon request. Any certificant who cannot provide such substantiation shall be deemed to have engaged in professional misconduct. Subsection (e) requires that all advertisements include the certificant's name, address or telephone number, and the term "N.J. Cert. #" followed by the certificant's certificate number. Subsection (f) requires an entity that advertises under a professional name to identify at least one certificant's name, certificant number and telephone number or address. Subsection (g) requires certificants to keep video or audio tapes of every advertisement made in electronic media, or a copy of any print advertisement, for three years from the date of the last publication or dissemination of the advertisement. Subsection (h) states that certificants who are on inactive status pursuant to N.J.A.C. 13:37-16.6(g) cannot hold themselves out to the public as State certified massage, bodywork and somatic therapists.

Proposed N.J.A.C. 13:37-16.14 deals with recordkeeping. Subsection (a) requires certificants to maintain client records which reflect the services rendered for the client. These records must be maintained for seven years from the most recent service and must contain: an intake record; the dates of services; reasons for visits; the name of the certificant who provided services; modalities used and areas of focus on the body; any referral to another healthcare professional; and fees charged. Subsection (b) allows certificants to make changes to records as long as each change is identified as such and is dated and initialed by the certificant. Subsection (c) requires that any records kept on computer contain two forms of identification. Any entry into a computer record must be made contemporaneously with the service and contain the date of service, date of entry, full printed name of the certificant and be finalized by means of a confidential personal code (CPC). Any computer system used to maintain records shall contain an internal permanently activated date and time recordation for all entries, and shall automatically prepare a back-up copy of the file. If more than one certificant is authorized to make entries into a computer file, the certificant responsible for the practice shall assure that each certificant obtains a CPC and uses the file program in the same manner. Subsection (d) requires certificants to provide clients, or an authorized representative, access to the client's records within 30 days of receiving a written request for the records. A certificant may charge a fee for the reproduction of records, which cannot exceed $1.00 per page or $100.00 for the entire record, whichever is less. If the record is illegible the certificant shall, upon request, provide a typed transcription of the record and, if a certificant's records are in a language other than English, the certificant shall provide a translation of the records requested. Subsection (e) requires certificants to maintain the confidentiality of records. Certificants are, however, required to provide records as directed by subpoena issued by the Board, the Committee, the Office of the Attorney General or by a demand for statement in writing under oath pursuant to N.J.S.A. 45:1-18. A certificant is also required to release client records as required by statute or regulation. Subsection (f) allows a certificant to release client records to a specified individual or entity upon the request of a client. A certificant must obtain written authorization to release the records from either the client or the client's authorized representative. The certificant also must assure that the scope of the release is consistent with the request, forward the records to the attention of the individual identified in the request and mark all material "confidential."

Proposed N.J.A.C. 13:37-16.15 deals with changes in the address of record or name. Subsection (a) requires a certificant to notify the Committee in writing within 30 days of a change in the certificant's address of record or legal name. A notification of name change shall include a copy of the marriage certificate or court order which authorized the name change. Service to the address of record registered with the Committee constitutes effective notice pursuant to N.J.A.C. 13:45-3.2.

Proposed N.J.A.C. 13:37-16.16 requires all certificants to have each client read and sign an informed consent form prior to providing initial services to a client. The informed consent must contain the following statement. "Massage, bodywork and somatic therapy practices are designed to promote and maintain the health and well-being of the client. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability. If I experience any pain or discomfort during this session, I will immediately inform the therapist so that the pressure and/or strokes may be adjusted to my level of comfort. Because massage, bodywork and somatic therapy may be contraindicated due to certain medical conditions, I affirm that I have informed the therapist of all my known medical conditions and will keep the therapist updated as to any changes in my medical condition."

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

The proposed new rules and amendments will have a positive impact on consumers who are the recipients of massage, bodywork and somatic therapies and the massage, bodywork and somatic therapy industry. For the first time in New Jersey, individuals may obtain certification as a massage, bodywork and somatic therapist and be permitted to use designations which identify them as being certified by the Committee. Consumers will now be able to identify and choose massage, bodywork and somatic therapists who have met the certification standards as established by the Committee. Additionally, the new rules will provide consumers with the ability to direct questions, concerns, or problems that may arise with the retained massage, bodywork and somatic therapist to the Committee. The new rules also require certificants to adhere to certain sanitary standards and universal precautions that will give assurance to clients that they are receiving massage, bodywork and somatic services in a safe environment.

Economic Impact

The Committee expects that there may be some economic impact on prospective applicants for certification as a massage, bodywork and somatic therapist. N.J.A.C. 13:37-16.3, 16.4 and 16.5 set forth requirements for applicants for certification. These new rules require applicants to either obtain an education in massage, bodywork and somatic therapy or successfully pass a certifying examination. The cost of completing either the educational or examination requirements is borne by the applicant for certification. These rules also require applicants to submit applications to the Committee. The cost of preparing and submitting these applications, and paying the application fee pursuant to N.J.A.C. 13:37-5.5(e), is borne by the applicant.

The proposed new rules and amendments will also impose costs on certificants. Amendments to N.J.A.C. 13:37-5.5(e) set forth fees that certificants must pay, such as an initial certification fee, renewal fee and a duplicate certificate fee. N.J.A.C. 13:37-16.8 sets forth infection control precaution requirements. The cost of complying with these requirements will be borne by certificants, as will the cost of complying with the continuing education requirements of N.J.A.C. 13:37-16.11. Certificants will also incur costs due to the recordkeeping requirements of N.J.A.C. 13:37-16.14.

Sponsors of continuing education courses who seek Committee approval will pay a fee when applying for this approval pursuant to N.J.A.C. 13:37-5.5(e).

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rules are not subject to any Federal standards or requirements.

Jobs Impact

The Committee anticipates that the proposed new rules may create more jobs for continuing education instructors who teach courses that are applicable to the practice of massage, bodywork and somatic therapy. The Committee does not anticipate that any other section of the proposed new rules will increase or decrease the number of jobs in the State.

Agriculture Industry Impact

The proposed new rules 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 an agency to give a description of the types and an estimate of the number of small businesses to which proposed new rules will apply. If, for the purposes of the Act, the individuals who will obtain certification as massage, bodywork and somatic therapists are considered small businesses, then the following analysis applies.

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

The costs imposed on small businesses by the proposal are the same costs that are imposed on all businesses as outlined in the Economic Impact Statement above.

The Committee does not believe that certificants or applicants will need to employ any professional services to comply with the requirements of the proposal.

The proposed new rules impose several compliance requirements. N.J.A.C. 13:37-16.3 sets forth application requirements for individuals who are currently practicing massage, bodywork and somatic therapy and wish to obtain certification. N.J.A.C. 13:37-16.5 imposes similar compliance requirements on individuals who are licensed in another state as a massage, bodywork and somatic therapist. N.J.A.C. 13:37-16.6 requires certificants to renew their certification every two years and imposes requirements for the renewal of a lapsed certificate. N.J.A.C. 13:37-16.7 sets forth a scope of practice which certificants are required to follow. Certificants can only practice methods of massage, bodywork and somatic therapy for which they have received adequate training. The rule also sets forth a list of procedures which a certificant is not allowed to perform. N.J.A.C. 13:37-16.8 sets forth infection control precaution standards that certificants are required to meet. N.J.A.C. 13:37- 16.9 sets forth designations that certificants can use and prohibits individuals who do not hold certification from using certain designations. N.J.A.C. 13:37-16.10 requires certificants to display the certificate issued by the Committee whenever providing services. N.J.A.C. 13:37-16.11 requires certificants to complete 20 credit hours of continuing education and hold current certification in BLS. The rule also sets forth requirements for continuing education sponsors who are seeking Committee approval. N.J.A.C. 13:37-16.12 prohibits certificants from engaging in sexual misconduct. N.J.A.C. 13:37-16.13 imposes compliance requirements on certificants who choose to advertise their professional services. N.J.A.C. 13:37-16.14 sets forth compliance requirements certificants must meet if they maintain records on a computer. The rule also requires certificants to protect the privacy of patient records and to make these records available to a client when requested. N.J.A.C. 13:37-16.15 requires certificants to provide to every client, prior to the initial provision of services, an informed consent form and have the client read and sign the form.

The proposed new rules also impose several reporting and recordkeeping requirements. N.J.A.C. 13:37-16.11(f) requires certificants to maintain documentation indicating that the certificate completed continuing education requirements for four years from the date the continuing education was completed. N.J.A.C. 13:37-16.13(g) requires certificants who advertise to maintain a copy of the advertisement as part of their records for a period of three years from the last authorized publication or dissemination of the advertisement. N.J.A.C. 13:37-16.14 requires certificants to maintain client records and sets forth requirements for what information must be included in such records. A certificant is required to report to the Committee a change in his or her address of record or legal name pursuant to N.J.A.C. 13:37-16.15.

The Committee believes that because the proposed new rules establish standards to ensure that massage, bodywork and somatic therapies performed by individuals who are certified by the Committee are performed safely and effectively, the provisions of the new rules must be applied uniformly to all certified massage, bodywork and somatic therapists regardless of the size of the business.

Smart Growth Impact

The Committee does not anticipate that the proposed amendment and new rules 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.

Full text of the proposal follows:

<< NJ ADC 13:37-5.5 >>

13:37-5.5 Fee schedule

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

<<+(e) The following fees shall be charged by the Board in connection with certification of massage, bodywork and somatic therapists:+>>

1. Application fee ................................................... $75.00

2. Initial certification fee
i. If paid during the first year of a biennial renewal period ....... $120.00
ii. If paid during the second year of a biennial renewal period ....... $60.00

3. Renewal of certification ......................................... $120.00

4. Late certification renewal ........................................ $50.00
Plus the applicable biennial certification
renewal fee set forth in (d)3 above

5. Lapsed certificate fee ........................................... $100.00
Plus the applicable biennial certification
renewal fee set forth in (d)3 above

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

7. Duplicate certificate ............................................. $35.00

8. Inactive license fee (to be established by the Committee by rule)

<<+SUBCHAPTER 15. (RESERVED)+>>

<<+SUBCHAPTER 16. MASSAGE, BODYWORK AND SOMATIC THERAPY EXAMINING COMMITTEE+>>

<< NJ ADC 13:37-16.1 >>

<<+13:37-16.1 Purpose and scope+>>

<<+(a) The purpose of this subchapter is to implement the provisions of P.L. 1999, c.19 (N.J.S.A. 45:11-53 et seq.), which created the "Massage, Bodywork and Somatic Therapy Examining Committee" under the Board of Nursing.+>>

<<+(b) This subchapter shall apply to all applicants who seek certification by the Committee as a massage, bodywork and somatic therapist and to all persons who are certified by the Committee as a massage, bodywork and somatic therapist in this State.+>>

<<+(c) This subchapter does not apply to any person who renders massage, bodywork and somatic therapy as long as the person does not use the title "massage, bodywork and somatic therapist," "registered massage, bodywork and somatic therapist," or "certified massage, bodywork and somatic therapist," "certified massage therapist," "certified bodywork therapist," "certified somatic therapist," "massage and bodywork therapist," "registered massage and bodywork therapist," "certified massage and bodywork therapist, "certified oriental bodywork therapist," "certified Asian bodywork therapist," "certified somatic therapist," "certified bodywork therapist," or the abbreviations "MBT, " "RMBT," "CMBT," "CMBST," "COBT," "CABT," "CST," "CBT," or "CMT."+>>

<<+(d) This subchapter does not govern the application or practice of "alternative medicines" that do not constitute massage, bodywork and somatic therapy.+>>

<< NJ ADC 13:37-16.2 >>

<<+13:37-16.2 Definitions+>>

<<+The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:+>>

<<+"Act" means the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq.+>>

<<+"Board" means the New Jersey Board of Nursing.+>>

<<+"Certificate" means the document, issued by the Committee, which authorizes a person to utilize the titles set forth in N.J.S.A. 45:11-65 and 66 and N.J.A.C. 13:37-16.9.+>>

<<+"Certificant" means any person who holds a certificate from the Committee as a massage, bodywork and somatic therapist.+>>

<<+"Committee" means the Massage, Bodywork and Somatic Therapy Examining Committee established pursuant to N.J.S.A. 45:11-56.+>>

<<+"Full time practice" means a person has provided a minimum of 750 hours of massage, bodywork and somatic therapies to clients during a year.+>>

<<+"Massage, bodywork and somatic therapies" or "massage, bodywork and somatic" means systems of activity of structured touch which include holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such application may include the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing myofascial movement, self-care and stress management as it relates to massage, bodywork and somatic therapies. Massage, bodywork and somatic therapy practices are designed to affect the energetic systems of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.+>>

<<+"NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.+>>

<<+"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.+>>

<<+"Part time practice" means a person has provided a minimum of 300 hours of massage, bodywork and somatic therapies to clients during a year.+>>

<< NJ ADC 13:37-16.3 >>

<<+13:37-16.3 Certification without education or examination+>>

<<+(a) Prior to (720 days from the effective date of the rules) 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 (the effective date of the rules); or+>>

<<+2. Practiced part-time as a massage, bodywork and somatic therapist for five years prior to (the effective date of the rules).+>>

<<+(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, which shall include:+>>

<<+i. Confidentiality/privacy;+>>

<<+ii. Sexual misconduct;+>>

<<+iii. Financial misconduct;+>>

<<+iv. Boundary issues;+>>

<<+v. Conflicts of interest; and+>>

<<+vi. Appropriate referrals.+>>

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

<<+1. A notarized affidavit stating 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. The affidavit shall attest to the authenticity of supporting records such as tax returns, bank statements and accounting records, which shall be attached to the affidavit;+>>

<<+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 Basic Life Support (BLS) from a course approved by the American Heart Association;+>>

<<+4. Two affidavits of good moral character; and+>>

<<+5. The application fee set forth in N.J.A.C. 13:37-5.5(e).+>>

<<+(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.+>>

<< NJ ADC 13:37-16.4 >>

<<+13:37-16.4 Application for certification+>>

<<+(a) An applicant for certification shall qualify for certification by either:+>>

<<+1. Completing a course of study in massage, bodywork and somatic therapies; or+>>

<<+2. Successfully passing either the NCBTMB or the NCCAOM examination.+>>

<<+(b) An applicant who qualifies for certification pursuant to (a)1 above shall submit to the Committee:+>>

<<+1. A completed application;+>>

<<+2. A transcript from a school of massage, bodywork and somatic therapies approved by the New Jersey Department of Education, a Department of Education of another state or 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 which indicates that the applicant has completed the course of study outlined in (d) below;+>>

<<+3. Proof that the applicant has current certification in Basic Life Support (BLS) from a course approved by the American Heart Association;+>>

<<+4. Two affidavits of good moral character; and+>>

<<+5. The application fee set forth in N.J.A.C. 13:37-5.5(e).+>>

<<+(c) An applicant who qualifies for certification pursuant to (a)2 above shall submit to the Committee:+>>

<<+1. A completed application;+>>

<<+2. Proof that the applicant has successfully passed the written examination offered by the NCBTMB or the NCCAOM;+>>

<<+3. Proof that the applicant has current certification in Basic Life Support (BLS) from a course approved by the American Heart Association;+>>

<<+4. Two affidavits of good moral character; and+>>

<<+5. The application fee set forth in N.J.A.C. 13:37-5.5(e).+>>

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

<<+1. Anatomy/Physiology/Pathophysiology: 100 hours;+>>

<<+2. Ethics: six hours, which includes:+>>

<<+i. Confidentiality/privacy;+>>

<<+ii. Sexual misconduct;+>>

<<+iii. Financial misconduct;+>>

<<+iv. Boundary issues;+>>

<<+v. Conflicts of interest; and+>>

<<+vi. Appropriate referrals;+>>

<<+3. Law: six hours, which shall include local, State and Federal law and regulations regarding the practice of massage, bodywork and somatic therapy;+>>

<<+4. Theory and Practice: 225 hours;+>>

<<+5. Supervised clinical practice: 100 hours; and+>>

<<+6. Electives directly related to the practice of massage, bodywork and somatic therapy: 70 hours.+>>

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

<< NJ ADC 13:37-16.5 >>

<<+13:37-16.5 Certification without examination based on licensure in another state+>>

<<+(a) A person who is certified or licensed in another state as a massage, bodywork and somatic therapist shall be eligible for certification in this State if the educational requirements of the state in which he or she is certified or licensed are substantially similar to the educational requirements of this State.+>>

<<+(b) An applicant for certification who is certified or licensed in another state shall submit to the Committee:+>>

<<+1. A completed application form;+>>

<<+2. Verification of licensure or certification in good standing in another state;+>>

<<+3. Proof that the applicant has current certification in Basic Life Support (BLS) from a course approved by the American Heart Association;+>>

<<+4. Two affidavits of good moral character;+>>

<<+5. A copy of the current statutes and regulations regarding massage, bodywork and somatic therapy from the state in which the applicant is certified or licensed; and+>>

<<+6. The application fee set forth in N.J.A.C. 13:37-5.5(e).+>>

<<+(c) The Committee shall review the statutes and regulations of the other state to determine if the educational requirements of that state are substantially similar to the certification requirements in this State, and the applicant otherwise meets the other requirements for certification set forth in (b) above. If the Committee finds that the educational requirements are substantially similar, and that the applicant meets the requirements for certification set forth in (b) above, it shall issue a certificate to the applicant if the applicant is not disqualified for certification pursuant to the provisions of N.J.S.A. 45:1-14 et seq.+>>

<< NJ ADC 13:37-16.6 >>

<<+13:37-16.6 Renewal of certification+>>

<<+(a) Certifications shall be renewed biennially on a form provided by the Committee. Each applicant shall attest that the continuing education requirements of N.J.A.C. 13:37-16.11 have been completed during the prior biennial period.+>>

<<+(b) The Committee shall send a notice of renewal to each certificant, at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew.+>>

<<+(c) The certificant shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:37-5.5(e) prior to the date of expiration of the certificate. If the certificant does not renew the certificate prior to its expiration date, the certificant may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:37-5.5(e). A certificant who fails to renew the certificate within 30 days after the expiration date of the certificate shall be suspended without a hearing.+>>

<<+(d) Individuals who continue to hold themselves out as State certified massage, bodywork and somatic therapists after being suspended shall be deemed to have violated N.J.A.C. 13:37-16.9, even if no notice of suspension had been provided to the person.+>>

<<+(e) A person seeking reinstatement within five years following the suspension of certification shall submit the following to the Committee:+>>

<<+1. A complete reinstatement application;+>>

<<+2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:37-5.5(e);+>>

<<+3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:37- 5.5(e);+>>

<<+4. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:37-16.11 for the renewal of a certificant certification; and+>>

<<+5. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.+>>

<<+(f) A person seeking reinstatement after more than five years following the suspension of a certification shall satisfy the requirements of (e) above and shall successfully complete the examination required for initial certification as set forth in N.J.A.C. 13:37-16.4(a)2.+>>

<<+(g) Renewal applications for all certificates shall provide the certificant with the option of either active or inactive renewal. Certificants electing to renew as inactive shall not hold themselves out to the public as State certified massage, bodywork and somatic therapists.+>>

<<+(h) Upon application to the Committee, the Committee may permit a certificant who has been on inactive status to return to active status provided such applicant completes the continuing education credits that are required per biennial period for each biennial period that the applicant is on inactive status and holds current certification in Basic Life Support (BLS) from a course approved by the American Heart Association.+>>

<< NJ ADC 13:37-16.7 >>

<<+13:37-16.7 Scope of practice+>>

<<+(a) A certificant shall only practice those methods of massage, bodywork and somatic therapy for which the certificant has received training which:+>>

<<+1. The certificant learned during his or her initial training as outlined in N.J.A.C. 13:37-16.3(b); or+>>

<<+2. The certificant learned during a course offered by a provider approved by the NCBTMB or NCCAOM, or which is offered by a school which is approved by an agency recognized by the United States Department of Education or offered by a school which is approved by the New Jersey Department of Education, or an agency of another state with requirements substantially similar to 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.+>>

<<+(b) Notwithstanding any training received as permitted by (a) above, a certificant shall not perform:+>>

<<+1. Colonic irrigations;+>>

<<+2. Prostate massages;+>>

<<+3. Vaginal massages;+>>

<<+4. Internal organ movement;+>>

<<+5. Manual lymph drainage, also known as decongestive therapy;+>>

<<+6. Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A. 45:16-1 et seq.;+>>

<<+7. Any application of electrical current to the body (Transcutaneous Electronic Nerve Stimulation, TENS, machine); and+>>

<<+8. Ultrasound therapy.+>>

<< NJ ADC 13:37-16.8 >>

<<+13:37-16.8 Infection control precautions+>>

<<+(a) Certificants shall comply with the standard precautions for infection control as set forth in this section.+>>

<<+(b) Certificants shall wash hands with liquid disinfectant soap and water in the following instances:+>>

<<+1. Before and after treatment of each client; or+>>

<<+2. Immediately upon contact with blood, body fluids, secretions or any item that has touched a patient or that has been contaminated with blood, bodily fluids or secretions, not including sweat.+>>

<<+(c) If hand washing facilities are not available, certificants shall disinfect their hands with a bactericidal agent.+>>

<<+(d) Liquid soap containers shall not be refilled and shall be disposed of when empty.+>>

<<+(e) Clean linens and drapes or disposable coverings shall be used for each client.+>>

<<+(f) Soiled disposable items shall be discarded into a container lined with a plastic bag, securely fastened, and disposed daily into the regular trash disposal, unless otherwise specified by State and local health regulations.+>>

<<+(g) A hospital-grade disinfectant registered with the Environmental Protection Agency (EPA) shall be used to disinfect:+>>

<<+1. Any equipment, that comes in contact with a client, prior to the treatment of a client;+>>

<<+2. Exposed surfaces such as counter tops, tables and sinks on a daily basis;+>>

<<+3. Any implement or tools used during massage, bodywork and somatic therapy;+>>

<<+4. Face cradles and arm rests on all massage chairs and tables; and+>>

<<+5. All ice and heat pack equipment.+>>

<<+(h) If a certificant uses massage lubricants, the certificant shall:+>>

<<+1. Store massage lubricants in sanitary containers;+>>

<<+2. Keep lubricant containers free of debris and sanitize containers between each client use and before refilling; and+>>

<<+3. Store lubricants according to manufacturers recommendations and separately from cleaning supplies.+>>

<<+(i) If a certificant uses lubricant creams, the certificant shall, for every client, remove the cream from the main container with a disposable instrument and place the cream in a separate container which shall be discarded after the treatment.+>>

<<+(j) Certificants shall store all single service materials and linens off the floor in shelves, containers, cabinets or closets.+>>

<<+(k) Soiled linens and draping materials shall be either commercially laundered or washed in a clothes washing machine, in hot water with detergent and at least one cup of bleach or an antibacterial agent, and dried on the high heat setting in a clothes dryer.+>>

<<+(l) Clean linens and dirty linens shall be stored separately.+>>

<<+(m) Clean linens and trash shall be stored separately.+>>

<<+(n) When a certificant is providing massage, bodywork and somatic therapy in a temporary location, such as a sporting event, the certificant shall sanitize all equipment pursuant to this section.+>>

<<+(o) Certificants shall maintain a clean environment in the massage, bodywork and somatic therapy establishment and shall ensure that the massage, bodywork and somatic therapy establishment is well-lit, ventilated and free of animals except as provided by law.+>>

<<+(p) Certificants shall provide access to a restroom for clients.+>>

<< NJ ADC 13:37-16.9 >>

<<+13:37-16.9 Designations for certified persons, prohibitions on uncertified persons+>>

<<+(a) An active certificant may use the title "massage, bodywork and somatic therapist" or "certified message, bodywork and somatic therapist," "massage and bodywork therapist," "registered massage, bodywork and somatic therapist," "certified massage therapist," "certified oriental bodywork therapist," "certified Asian bodywork therapist," or "certified massage therapist" or the abbreviations "MBT," "CMBT," "RMBT," "CMBST," "COBT," "CABT," or "CMT."+>>

<<+(b) No person, business entity or its employees, agents or representatives shall use the titles "message, bodywork and somatic therapist," "registered massage, bodywork and somatic therapist," "certified massage, bodywork and somatic therapist," "certified massage therapist," "certified bodywork therapist," or "certified somatic therapist" or the abbreviations "MBT," "RMBT," "CMBT," "CMBST," "COBT," "CABT," "CST," "CBT," or "CMT," unless actively certified pursuant to the provisions of this subchapter.+>>

<<+(c) No person may use the term "licensed massage therapist" or the abbreviation "LMT," unless they are licensed by another state and indicate the state by which they are licensed when identifying themselves.+>>

<<+(d) A person who has a certification from a school, has passed a certifying examination or is certified by an agency, but is not certified by New Jersey pursuant to this subchapter, shall not hold himself or herself out as being certified.+>>

<<+(e) Nothing in this subchapter shall be construed to prohibit any person from rendering massage, bodywork and somatic therapy services as defined in N.J.A.C. 13:37-16.2 provided that person is not represented by the titles, abbreviations or designations referred to in (a) above.+>>

<<+(f) No certificant shall use a title which does not accurately reflect the certificant's education and areas of expertise.+>>

<< NJ ADC 13:37-16.10 >>

<<+13:37-16.10 Display of certification+>>

<<+(a) Certificants shall display their certificate of certification in view of clients whenever providing massage, bodywork and somatic services in their place of business or office.+>>

<<+(b) Whenever certificants provide massage, bodywork and somatic services outside or their place of business or office they shall display the certificate of certification while providing services.+>>

<<+(c) A certificant shall display either the original certificate of certification or a duplicate certificate obtained from the Committee.+>>

<< NJ ADC 13:37-16.11 >>

<<+13:37-16.11 Continuing education, programs, standards+>>

<<+(a) Upon biennial certification renewal, certificants shall attest that they have completed courses of continuing education of the types and number of credit hours specified in (b), (c), (d) and (e) below. Falsification of any information submitted on the renewal application may require an appearance before the Committee and may subject a certificant to penalties and/or suspension or revocation of the certification pursuant to N.J.S.A. 45:1-21 through 25.+>>

<<+(b) Each applicant for biennial license renewal shall be required to obtain current certification in Basic Life Support (BLS) from a course approved by the Red Cross or American Heart Association and to complete during the preceding biennial period, except as provided in (c) below, a minimum of 20 credit hours of continuing education related to the practice of massage, bodywork and somatic therapy. Courses that are related solely to the business practices of certificants shall not satisfy continuing education requirements.+>>

<<+(c) A certificant who is certified in the second year of a biennial renewal period shall be required to complete 10 credit hours of continuing education.+>>

<<+(d) A certificant who completes more than the minimum continuing education credit hours set forth above in any biennial registration period may carry no more than 20 of the additional credit hours into a succeeding biennial period.+>>

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

<<+1. Successful completion of continuing education courses or programs related to the practice of massage, bodywork and somatic therapy, approved by, or offered by providers approved by: the NCBTMB; the NCCAOM; the American Massage Therapy Association (AMTA); the American Oriental Bodywork Therapist Association (AOBTA); the Association of Bodywork and Massage Professionals (ABMP); and the American Nurses Credentialing Center (ANCC): one credit hour for each hour of attendance;+>>

<<+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;+>>

<<+3. Successful completion of continuing education courses or programs related to the practice of massage, bodywork and somatic therapy given by a school of massage, bodywork or somatic therapy that meets the requirements of N.J.A.C. 13:37-16.3(b): one credit hour for each hour of attendance;+>>

<<+4. Successful completion of a course, related to the practice of massage, bodywork and somatic therapy, given by a school, college or university accredited by the New Jersey Department of Education or an agency of another state with requirements substantially similar to the requirements of the New Jersey Department of Education: one credit hour for each hour of attendance;+>>

<<+5. Teaching a new continuing education program related to massage, bodywork and somatic therapy that is approved pursuant to (e)1, 2 or 3 above; "new" means that the certificant has never taught or developed curriculum for that course program in any educational setting: one credit hour for each hour taught;+>>

<<+6. Authorship of a textbook or a chapter of a textbook directly related to the practice of massage, bodywork and somatic therapy: four credit hours for each chapter up to 20 credit hours;+>>

<<+7. Authorship of a published article, which has been refereed through peer review related to the practice of massage, bodywork and somatic therapy, in a medical or health related journal: four credit hours; and+>>

<<+8. Presenting a new seminar or lecture to professional peers, provided the seminar or lecture is at least one hour long; "new" means that the certificant has never presented the seminar or lecture before: one credit hour for each hour of presentation.+>>

<<+(f) The Committee should perform audits on randomly selected certificants to determine compliance with continuing education requirements. A certificant shall maintain the following documentation for a period of four years after completion of the credit hours and shall submit such documentation to the Committee upon request:+>>

<<+1. For attendance at programs or courses: a certificate of completion from the sponsor;+>>

<<+2. For publication of textbook or article: the published item, including the date of publication;+>>

<<+3. For developing curriculum or teaching a course or program: documentation, including a copy of the curriculum, location, date and time of course, duration of course by hour, and letter from sponsor confirming that the certificant developed or taught the course or program; and+>>

<<+4. For presenting a lecture or seminar: documentation including the location, date and duration of the lecture or seminar.+>>

<<+(g) The Committee may waive the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service.+>>

<<+1. A certificant seeking a waiver of the continuing education requirements shall apply to the Committee in writing at least 90 days prior to certificate renewal and set forth in specific detail the reasons for requesting the waiver. The certificant shall provide the Committee with supplemental materials that support the request for waiver.+>>

<<+2. A waiver of continuing education requirements granted pursuant to this subsection shall only be effective for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver continue(s) into the next biennial period, a certificant shall apply to the Committee for the renewal of such waiver for the new biennial period.+>>

<<+(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(e) for each submission of course or program offering(s) for which Committee approval is sought.+>>

<<+(i) The Committee may direct or order a certificant to complete continuing education credit hours:+>>

<<+1. As part of a disciplinary or remedial measure in addition to the required 20 hours of continuing education; or+>>

<<+2. To correct a deficiency in the certificant's continuing education requirements.+>>

<<+(j) Any continuing education credit hours completed by the certificant in compliance with an order or directive from the Committee as set forth in (i) above shall not be used to satisfy the minimum continuing education requirements as set forth in this section.+>>

<< NJ ADC 13:37-16.12 >>

<<+13:37-16.12 Sexual misconduct+>>

<<+(a) The purpose of this section is to identify for certificants conduct which shall be deemed sexual misconduct.+>>

<<+(b) As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:+>>

<<+"Certificant" means any person who holds a certificate from the Committee as a massage, bodywork and somatic therapist.+>>

<<+"Client" means any person who is the recipient of massage, bodywork or somatic therapy.+>>

<<+"Client-therapist relationship" means a relationship between a certificant and a client wherein the certificant owes a continuing duty to the client to render massage, bodywork or somatic therapy services consistent with his or her training and experience.+>>

<<+"Sexual conduct" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the certificant's own prurient interest or for sexual arousal or gratification.+>>

<<+"Sexual contact" includes, but is not limited to, the imposition of a part of the certificant's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a certificant or client's body into or near the genital, anal or other opening of the other person's body. "Sexual contact" does not include the touching of a client's body which is necessary during the performance of a generally accepted and recognized massage, bodywork and somatic therapy procedure.+>>

<<+"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, and which occurs in connection with a certificant's activities or role as a provider of massage, bodywork and somatic therapy services, and that either: is unwelcome, is offensive to a reasonable person, or creates a hostile workplace environment, and the certificant knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a certificant with a client, co-worker, employee, student or supervisee whether or not such individual is in a subordinate position to the certificant.+>>

<<+"Spouse" means the husband, wife or fiancee of the certificant or an individual involved in a long-term committed relationship with the certificant. For purposes of the definition of "spouse," a long-term committed relationship means a relationship which is at least six months in duration.+>>

<<+(c) A certificant shall not engage in sexual contact with a client with whom he or she has a client-therapist relationship. The client-therapist relationship is ongoing for purposes of this section, unless the last massage, bodywork and somatic therapy was rendered more than three months ago.+>>

<<+(d) A certificant shall not seek or solicit sexual contact with a client with whom he or she has a client-therapist relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.+>>

<<+(e) A certificant shall not engage in any discussion of an intimate sexual nature with a client, unless that discussion is directly related to a proper massage, bodywork and somatic therapy purpose. Such discussion shall not include disclosure by the certificant of his or her own sexual relationships.+>>

<<+(f) A certificant shall provide privacy and therapy conditions which prevent the exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect client privacy.+>>

<<+(g) A certificant shall not engage in sexual harassment either within or outside of the professional setting.+>>

<<+(h) A certificant shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the certificant's personal prurient interests or which is for the sexual arousal, or sexual gratification of the certificant or client or which constitutes an act of sexual abuse.+>>

<<+(i) Violation of any of the prohibitions or directives set forth in (c) through (h) above shall constitute professional misconduct pursuant to N.J.S.A. 45:1-21(e).+>>

<<+(j) Nothing in this section shall be construed to prevent a certificant from rendering massage, bodywork or somatic therapy to a spouse, providing that the rendering of such massage, bodywork or somatic therapy is consistent with accepted standards of massage, bodywork or somatic therapy and that the performance of therapy is not utilized to exploit the spouse for the sexual arousal or sexual gratification of the certificant.+>>

<<+(k) It shall not be a defense to any action under this section that:+>>

<<+1. The client solicited or consented to sexual contact with the certificant; or+>>

<<+2. The certificant is in love with or held affection for the client.+>>

<< NJ ADC 13:37-16.13 >>

<<+13:37-16.13 Advertising and solicitation practices+>>

<<+(a) A certificant may provide information to the public by advertising in print or electronic media pursuant to this section.+>>

<<+(b) The following words and terms, when used in this section, shall have the following meanings unless the content clearly indicates otherwise:+>>

<<+"Advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services related thereto from a certificant.+>>

<<+"Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, business cards, matchcovers and other similar items, documents or comparable publications, the content of which is disseminated by means of the printed work.+>>

<<+"Electronic media" means radio, television and internet.+>>

<<+(c) A certificant who engages in the use of advertising which contains any of the following shall be deemed to be engaged in professional misconduct:+>>

<<+1. Any statement, claim or format which is false, fraudulent, misleading or deceptive;+>>

<<+2. Any promotion of a professional service for which the certificant has not received education or training to perform; or+>>

<<+3. The communication of any fact, data or information which may personally identify a client without that client's signed written permission obtained in advance.+>>

<<+(d) The Committee may require a certificant to substantiate the truthfulness of any assertion or representation set forth in an advertisement. Failure of a certificant to provide factual substantiation to support a representation or assertion shall be deemed professional misconduct.+>>

<<+(e) All advertisements shall include:+>>

<<+1. The certificant's name;+>>

<<+2. The certificant's address or telephone number; and+>>

<<+3. The terms "N.J. Cert. #" followed by the certificant's certificate number.+>>

<<+(f) If an entity advertises under a professional name the entity must identify at least one certificant's name, certificant number and telephone or address.+>>

<<+(g) A video or audio tape of every advertisement communicated by electronic media shall be retained by the certificant and shall be made available for review upon request by the Committee or its designee. A copy of any advertisement appearing in the print media shall also be retained by the certificant and made available for review. The tapes and print media copies required to be retained by this subsection shall be kept for a minimum period of three years from the date of the last authorized publication or dissemination of the advertisement.+>>

<<+(h) Certificants who are on inactive status pursuant to N.J.A.C. 13:37-16.6(g) shall not hold themselves out to the public as State certified massage, bodywork and somatic therapists.+>>

<< NJ ADC 13:37-16.14 >>

<<+13:37-16.14 Recordkeeping+>>

<<+(a) Certificants shall make contemporaneous, permanent entries into client records which shall accurately reflect the massage, bodywork and somatic services rendered. Client records shall be maintained for a period of seven years from the date of the most recent entry. The client record shall contain, at a minimum:+>>

<<+1. Intake record;+>>

<<+2. The dates of each service;+>>

<<+3. Reasons for visits;+>>

<<+4. The name of the certificant who provided services if there is more than one certificant practicing at the office;+>>

<<+5. Modalities used and areas of focus on the body;+>>

<<+6. Any referral to another healthcare professional; and+>>

<<+7. Fees charged and paid.+>>

<<+(b) Corrections and/or additions may be made to a client record, provided that each change is clearly identified as such, dated and initialed by the certificant.+>>

<<+(c) A client record which is prepared and maintained on a personal or other computer shall be prepared and maintained as follows:+>>

<<+1. The client record shall contain at least two forms of identification, for example, name and record number or any other specific identifying information;+>>

<<+2. The entry made by the certificant shall be made contemporaneously with the service and shall contain the date of service, date of entry, and full printed name of the certificant. The certificate shall finalize or "sign" the entry by means of a confidential personal code (CPC) and include the date of the "signing";+>>

<<+3. The computer system shall contain an internal permanently activated date and time recordation for all entries, and shall automatically prepare a back-up copy of the file; and+>>

<<+4. Where more than one certificant is authorized to make entries into the computer file of any client treatment, the certificant responsible for the practice shall assure that each such person obtains a CPC and uses the file program in the same manner.+>>

<<+(d) Certificants shall provide access to client records to a client or an authorized representative in accordance with the following:+>>

<<+1. No later than 30 days from receipt of a written request from a client or an authorized representative, the certificant shall provide a copy of the client record, and/or billing records as may be requested;+>>

<<+2. The certificant may charge a fee for the reproduction of records, which shall be no greater than $1.00 per page or $100.00 for the entire record, whichever is less; and+>>

<<+3. If the client or a subsequent treating health care professional is unable to read the client record, because it is illegible, the certificant, upon request, shall provide a typed transcription of the record. If the record is in a language other than English, the certificant shall also provide a translation.+>>

<<+(e) Certificants shall maintain the confidentiality of professional treatment records, except that:+>>

<<+1. The certificant shall release client records as directed by a subpoena issued by the Board, the Committee, or the Office of the Attorney General, or by a demand for statement in writing under oath, pursuant to N.J.S.A. 45:1-18. Such records shall be originals, unless otherwise specified, and shall be unedited, with full client names; and+>>

<<+2. The certificant shall release information as required by statute or regulation.+>>

<<+(f) Where the client has requested the release of a client record or a portion thereof to a specified individual or entity, in order to protect the confidentiality of the records, the certificant shall:+>>

<<+1. Secure and maintain a current written authorization, bearing the signature of the client or an authorized representative;+>>

<<+2. Assure that the scope of the release is consistent with the request;+>>

<<+3. Forward the records to the attention of the specific individual identified in the request; and+>>

<<+4. Mark the material "Confidential."+>>

<< NJ ADC 13:37-16.15 >>

<<+13:37-16.15 Change in address or record or name+>>

<<+(a) A certificant shall notify the Committee in writing within 30 days of changes to:+>>

<<+1. The certificant's address of record. Service to the address of record registered with the Committee shall constitute effective notice pursuant to N.J.A.C. 13:45-3.2; or+>>

<<+2. The certificant's legal name. Notification of a name change shall include a copy of the marriage certificate or a court order which authorized the legal name change.+>>

<< NJ ADC 13:37-16.16 >>

<<+13:37-16.16 Informed consent+>>

<<+(a) Prior to providing an initial service to a client, a certificant shall have the client read and sign an informed consent form which includes the following statement:+>>

<<+"Massage, bodywork and somatic therapy practices are designed to promote and maintain the health and well-being of the client. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability. If I experience any pain or discomfort during this session, I will immediately inform the therapist so that the pressure and/or strokes may be adjusted to my level of comfort. Because massage, bodywork and somatic therapy may be contraindicated due to certain medical conditions, I affirm that I have informed the therapist of all my known medical conditions and will keep the therapist updated as to any changes in my medical condition."+>>

 

  

  

  

  

  

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