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NEW JERSEY REGISTER
VOLUME 39, ISSUE 9
ISSUE DATE: MAY 7, 2007
RULE ADOPTIONS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING

Adopted Amendments: N.J.A.C. 13:37-5.5, 16.2 through 16.9, 16.11 and 16.13

Massage, Bodywork and Somatic Therapy Examining Committee

Fee Schedule; Definitions; Certification Without Education or Examination; Application for Certification; Certification Without Examination Based on Licensure in Another State; Renewal of Certification; Scope of Practice; Infection Control Precautions; Designations for Certified Persons, Prohibitions on Uncertified Persons; Continuing Education, Programs, Standards; Advertising and Solicitation Practices

Proposed: October 16, 2006 at 38 N.J.R. 4397(a).
Adopted: January 16, 2007 by the New Jersey Board of Nursing, Leo-Felix Jurado, President.
Filed: April 5, 2007 as R.2007 d.138, without change.
Authority: N.J.S.A. 45:11-67.
Effective Date: May 7, 2007.
Expiration Date: July 6, 2010.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the adopted amendments.

Full text of the adoption follows:

13:37-5.5 Fee schedule

(a)-(e) (No change.)

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

1.-8. (No change.)

9. Verification of certification for endorsement................$ 30.00

10. Written verification of certification.......................$ 25.00

subchapter 16. massage, bodywork and somatic therapy examining committee

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:

"Full-time practice" means a person has provided a minimum of 750 hours of massage, bodywork and somatic therapies to clients and/or students during a year.

"Part-time practice" means a person has provided a minimum of 300 hours of massage, bodywork and somatic therapies to clients and/or students during a year.

13:37-16.3 Certification without education or examination

(a) (No change.)

(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.-2. (No change.)

3. Ethics: five hours.

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

1. A statement 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;

2. (No change.)

3. Proof that the applicant has current certification in Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. The application fee set forth in N.J.A.C. 13:37-5.5(f).

(d) (No change.)

13:37-16.4 Application for certification

(a) (No change.)

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

1.-2. (No change.)

3. Proof that the applicant has current certification in Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. The application fee set forth in N.J.A.C. 13:37-5.5(f).

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

1.-2. (No change.)

3. Proof that the applicant has current certification in Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

5. The application fee set forth in N.J.A.C. 13:37-5.5(f).

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

1. (No change.)

2. Ethics and Law: eight hours;

Recodify existing 4.-6. as 3.-5. (No change in text.)

(e) (No change.)

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

(a) (No change.)

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

1. (No change.)

2. Written or electronic verification of status of licensure or certification from every state, territory of the United States, or the District of Columbia, in which the applicant was ever licensed or certified. The verification shall either be forwarded directly to the Committee from the applicable state board or committee, if written, or if electronic, be issued by the applicable state board or committee;

3. Proof that the applicant has current certification in Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.;

4. (No change.)

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

6. The application fee set forth in N.J.A.C. 13:37-5.5(f).

(c) (No change.)

13:37-16.6 Renewal of certification

(a)-(b) (No change.)

(c) The certificant shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:37-5.5(f) 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(f). 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) (No change.)

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

1. (No change.)

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

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

4.-5. (No change.)

(f)-(g) (No change.)

(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 Cardio-Pulmonary Resuscitation (CPR) from a course approved by the American Heart Association or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc.

13:37-16.7 Scope of practice

(a) A certificant shall only practice those methods of massage, bodywork and somatic therapy which:

1. The certificant learned during his or her initial training as outlined in N.J.A.C. 13:37-16.3(b) or 16.4;

2.-3. (No change.)

(b) (No change.)

13:37-16.8 Infection control precautions

(a)-(f) (No change.)

(g) A broad spectrum anti-microbial disinfectant shall be used to disinfect:

1.-3. (No change.)

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

5. All ice and heat pack equipment;

6. Any tool or utensil used to transfer a lubricant from one container to another or from a container to a client which is not disposed of after use; and

7. Any portion of a lubricant pump dispenser or lubricant tube touched by the certificant during the provision of massage, bodywork and somatic therapy services.

(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

3. Store lubricants according to manufacturer's recommendations and separately from cleaning supplies.

(i) If a certificant uses a massage lubricant that is contained in a pump dispenser or a tube, the certificant shall, for every client, disinfect pursuant to (g) above any portion of the container that he or she has touched during the provision of massage, bodywork and somatic therapy services after the completion of services.

(j) If a certificant uses a massage lubricant that is not contained in a pump dispenser or a tube, the certificant shall, for every client, remove the lubricant from the main container with a disposable instrument or an instrument that is disinfected pursuant to (g) above after each use and place the lubricant in a separate container which shall be discarded or disinfected pursuant to (g) above after the completion of services.

Recodify existing (j)-(p) as (k)-(q) (No change in text.)

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 massage, bodywork and somatic therapist," "massage and bodywork therapist," "registered massage, bodywork and somatic therapist," "certified oriental bodywork therapist," "certified Asian bodywork therapist," "certified bodywork therapist," "certified massage therapist" or the abbreviations "MBT," "CMBT," "RMBT," "CMBST," "COBT," "CABT," "CBT," or "CMT."

(b)-(f) (No change.)

13:37-16.11 Continuing education, programs, standards

(a) (No change.)

(b) Each applicant for biennial license renewal shall be required to obtain current certification in Cardio-Pulmonary Resuscitation (CPR) from a course approved by the Red Cross or American Heart Association, or a substantially similar course approved by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute or EMP International Inc., 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)-(g) (No change.)

(h) Sponsors of continuing education programs or courses seeking Committee approval shall:

1.-2. (No change.)

3. Submit a fee pursuant to N.J.A.C. 13:37-5.5(f) for each submission of course or program offering(s) for which Committee approval is sought.

(i)-(j) (No change.)

13:37-16.13 Advertising and solicitation practices

(a)-(b) (No change.)

(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. (No change.)

2. Any promotion of a professional service for which:

i. The certificant has not received education or training to perform; or

ii. The certificant has not developed. A certificant shall only promote a professional service that he or she developed if such service is taught in a course offered by a provider approved by the NCBTMB or NCCAOM; or

3. (No change.)

(d)-(h) (No change.)



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