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RULE PROPOSAL
VOLUME 43, ISSUE 17
ISSUE DATE: SEPTEMBER 6, 2011
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS

 

Proposed Amendments: N.J.A.C. 13:44H-3.1, 3.4, 3.5 and 3.6
Proposed New Rule: N.J.A.C. 13:44H-7.6

 

Requirements for Orthotists, Prosthetists and Prosthetists-Orthotists; Requirements for Temporary License for Licensees of Other Jurisdictions; Licensure as a Prosthetist Assistant, Orthotist Assistant or Prosthetist-Orthotist Assistant; Supervision of an Orthotist Assistant, Prosthetist Assistant, Prosthetist-Orthotist Assistant, Student or Holder of a Temporary License
 
Authorized By: Orthotics and Prosthetics Board of Examiners, Laura Anderson, Executive Director.
Authority: N.J.S.A. 45:12B-26.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2011-185.
 
Submit written comments by November 5, 2011 to:
   Laura Anderson, Executive Director
   Orthotics and Prosthetics Board of Examiners
   Post Office Box 45034
   124 Halsey Street
   Newark, NJ 07101
 
The agency proposal follows:
 
Summary
N.J.A.C. 13:44H-3.1, 3.5 and 3.6 include licensure application and supervision provisions that are no longer effective because the dates referenced in the rules have passed. The Orthotics and Prosthetics Board of Examiners (the Board) proposes to delete these ineffective provisions. The Board also proposes to amend N.J.A.C. 13:44H-3.4 to correct cross-references to N.J.A.C. 13:44H-3.6. N.J.S.A. 45:12B-20 requires every licensee to maintain an office in New Jersey. The Board proposes new N.J.A.C. 13:44H-7.6 to require every licensee to maintain an office in New Jersey, as provided in N.J.S.A. 45:12B-20.
The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact
As the proposed amendments and new rule are deleting expired provisions and including statutory requirements in the rules, the Board does not believe that the changes will have any impact on the regulated community or consumers.
 
Economic Impact
As the proposed amendments and new rule are deleting expired provisions and including statutory requirements in the rules, the Board does not believe that the changes will have any economic impact.
 
Federal Standards Statement
A Federal standards statement is not required because there are no Federal standards or requirements applicable to the proposed amendments or new rule.
 
Jobs Impact
The Board does not believe that the proposed amendments or new rule will result in an increase or decrease in the number of jobs in this State.
 
Agriculture Industry Impact
The Board does not believe that the proposed amendments or new rule will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Statement
Since orthotists, prosthetists and prosthetist-orthotists are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.
The proposed amendments and new rule do not impose any costs and the Board does not believe that licensees will need to employ any professional services to comply with the changes. The proposed amendments and new rule do not impose any reporting, recordkeeping or compliance requirements.
 
Smart Growth Impact
The Board does not anticipate that the proposed amendments and new rule 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.
 
Housing Affordability Impact Analysis
The proposed amendments and new rule will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the changes concern deletion of ineffective application and supervision requirements and the inclusion of statutory requirements in the rules.
 
Smart Growth Development Impact Analysis
The proposed amendments and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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 changes concern deletion of ineffective application and supervision requirements and the inclusion of statutory requirements in the rules.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 3.    CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS
 
13:44H-3.1   Requirements for orthotists, prosthetists and prosthetists-orthotists
 
(a)-(b) (No change.)
 
[(c) An applicant for licensure as an orthotist, prosthetist or prosthetist-orthotist, who applies by June 17, 2007, may qualify for licensure by submitting the following to the Board:
 
1. An official transcript of an associates degree, with satisfactory completion of course work in biology, anatomy and physiology, physics, and chemistry, from a college or university accredited by a regional or national accrediting agency recognized by the United States Department of Education;
 
2. Notarized documentation that the applicants has completed a clinical internship, in the professional area for which licensure is sought, of at least 1,900 hours under the supervision of a licensee pursuant to N.J.A.C. 13:44H-3.6;
 
3. The application fee set forth in N.J.A.C. 13:44H-10.1; and
 
4. Proof that the applicant has successfully completed the licensing examination required in (a) above.
 
(d) A person who applies for licensure as an orthotist, a prosthetist or a prosthetist-orthotist by June 17, 2003 and who has completed 1,900 hours of clinical practice under the supervision of a person who is not a licensed orthotist, a licensed prosthetist or a licensed prosthetist-orthotist within the three years preceding June 17, 2002 shall qualify for licensure as an orthotist, a prosthetist or a prosthetist-orthotist if he or she can show that the supervisor would qualify for licensure pursuant to N.J.A.C. 13:44H-3.3.]
 
[(e)] (c) (No change in text.)
 
[page=2279] 13:44H-3.4 Requirements for temporary license for licensees of other jurisdictions
 
(a)-(b) (No change.)
 
(c) The holder of a temporary license shall be supervised by a licensee pursuant to N.J.A.C. 13:44H-3.6[(e)](d).
 
(d) A temporary license shall be issued for a [one year] one-year period. The holder of a temporary license shall take the first available licensing examination administered after receipt of the temporary license. An applicant who does not take the next administered examination for reasons of hardship such as illness, disability or other good cause may take the examination offered after the next administered examination. At the end of the [one year] one-year period, the Board may renew the temporary license if the holder has taken the first scheduled examination, shows good cause for the renewal and if the renewal of the temporary license would serve the well-being and interests of the clients of the establishment in which the holder practices. The holder of a renewed temporary license shall be supervised pursuant to N.J.A.C. 13:44H-3.6[(d)](c).
 
(e)-(f) (No change.)
 
13:44H-3.5   Licensure as a prosthetist assistant, orthotist assistant or prosthetist-orthotist assistant
 
(a) (No change.)
 
[(b) A person who applies for licensure as an orthotist assistant, a prosthetist assistant or a prosthetist-orthotist assistant by June 17, 2003 and who has completed 1,900 hours of clinical practice under the supervision of a person who is not a licensed orthotist, a licensed prosthetist or a licensed prosthetist-orthotist in this State within the three years preceding June 17, 2002 shall qualify for licensure as an orthotist assistant, a prosthetist assistant or a prosthetist-orthotist assistant if he or she is able to demonstrate that the supervisor would qualify for licensure pursuant to N.J.A.C. 13:44H-3.3.]
 
13:44H-3.6   Supervision of an orthotist assistant, prosthetist assistant, prosthetist-orthotist assistant, student or holder of a temporary license
 
[(a) From June 17, 2002 until June 17, 2003, a licensed orthotist assistant, licensed prosthetist assistant, licensed prosthetist-orthotist assistant, student or holder of a temporary license shall be supervised, pursuant to (b) through (k) below, by either a licensed orthotist, licensed prosthetist, licensed prosthetist-orthotist or by a person who has a pending application for licensure as an orthotist, prosthetist or prosthetist-orthotist, which demonstrates that the supervisor would qualify for licensure. After that time period, the licensed orthotist assistant, licensed prosthetist assistant, licensed prosthetist-orthotist assistant, student or holder of a temporary license shall only be supervised by a licensed orthotist, licensed prosthetist or licensed prosthetist-orthotist pursuant to (b) through (k) below.]
 
Recodify existing (b)-(k) as (a)-(j) (No change in text.)
 
SUBCHAPTER 7.    BUSINESS PRACTICES; PROFESSIONAL CONDUCT
 
13:44H-7.6   State office
 
Pursuant to N.J.S.A. 45:12B-20, every licensee shall maintain an office in New Jersey.

   
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