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NEW JERSEY REGISTER
VOLUME 35, NUMBER 13
MONDAY, JULY 7, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MEDICAL EXAMINERS
ATHLETIC TRAINERS


Proposed Amendments: N.J.A.C. 13:35-10

Authorized By: State Board of Medical Examiners, William Roeder, Executive Director.

Authority: N.J.S.A. 45:9-37.38 and P.L. 2001, c.156.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2003-258.

Submit comments by September 5, 2003 to:

William Roeder, Executive Director

State Board of Medical Examiners

PO Box 183

Trenton, NJ 08625

The agency proposal follows:

Summary

Pursuant to its rulemaking powers found at N.J.S.A. 45:9-37.38, and specifically P.L. 2001, c.156, the State Board of Medical Examiners (the Board) proposes amendments to N.J.A.C. 13:35-10. Prior to the enactment of P.L. 2001, c.156, N.J.S.A. 45:9-37.35 et seq., the Athletic Training Practice Act (the Act) provided for Board registration of athletic trainers qualified to practice in New Jersey. P.L. 2001, c.156 amends the Act, so that the Board will now license athletic trainers. The Board proposes to amend N.J.A.C. 13:35-10 to reflect that athletic trainers are no longer "registered" with the Board but are now to be "licensed" by the Board.

Throughout the subchapter, the term "registered" is proposed for change to "licensed" and the term "registration" is proposed for change to "licensure."

N.J.A.C. 13:35-10.1(b) is proposed for amendment to indicate that the rules apply to applicants for licensure.

N.J.A.C. 13:35-10.2 is proposed for amendment at the definition of "athletic training" to clarify its language and indicate that the referenced rule has been recodified.

N.J.A.C. 13:35-10.3, Education standards, is amended by its repeal and replacement with a new rule headed, Application for licensure. The new rule sets forth requirements that must be met to qualify for licensure. The existing rule requires that an applicant for registration complete training in a program approved by the National Athletic Trainers' Association Board of Certification, Inc. The proposed new rule requires that applicants for licensure submit a completed application form, the application fee pursuant to N.J.A.C. 13:35- 10.6, proof that the applicant has completed education approved by the National Athletic Trainers' Association Board of Certification and proof that the applicant has passed the examination administered by the National Athletic Trainers' Association Board of Certification, Inc., or another examination adopted by the Board.

N.J.A.C. 13:35-10.4 is proposed for repeal as its provisions have been incorporated into the proposed amendments to N.J.A.C. 13:35-10.3.

N.J.A.C. 13:35-10.5 is no longer reserved.

N.J.A.C. 13:35-10.6 and 10.7 are recodified as N.J.A.C. 13:35-10.4 and 10.5. The rules are amended to clarify their language.

N.J.A.C. 13:35-10.8 is recodified as N.J.A.C. 13:35-10.6. The rule is amended to clarify its language and to indicate that the Board does not collect a fee for the licensing examination.

The Board has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the proposed amendments will have a beneficial impact on society as it will continue to ensure the competency of athletic trainers.

Economic Impact

The Board does not expect that the proposed amendments will have any economic impact on athletic trainers or those who employ athletic trainers.

Federal Standards Statement

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

Jobs Impact

The Board does not believe that the proposed amendments will affect the gain or loss of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the approximately 690 athletic trainers practicing in New Jersey are deemed "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 with the requirements. 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 the rules have been designed to minimize any adverse economic impact upon small businesses.

The amendments proposed to the existing rules do not impose any compliance, recordkeeping, reporting requirements or costs on small businesses.

Also, the Board believes that athletic trainers will not need to employ any professional services to comply with the requirements of the amended rules.

Smart Growth Impact

The Board does not anticipate that the proposed amendments 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:

SUBCHAPTER 10. ATHLETIC TRAINERS

<< NJ ADC 13:35-10.1 >>

13:35-10.1 Scope and purpose

(a) This subchapter is promulgated by the New Jersey State Board of Medical Examiners, pursuant to N.J.S.A. 45:9-37.35 et seq., providing for the <<- registration->> <<+licensure+>> and regulation of athletic trainers within the State of New Jersey. (b) The rules contained in this subchapter shall apply to all individuals currently practicing as athletic trainers, as well as those individuals studying to become athletic trainers within this State <<+and applicants for licensure+>>. The rules are designed to better define the allowable activities, professional standards, and the educational requirements of athletic trainers.

<< NJ ADC 13:35-10.2 >>

13:35-10.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

...

"Athletic training" means the practice of physical conditioning and reconditioning of athletes<<+,+>> <<-and->> the prevention of injuries incurred by athletes<<-. Athletic training shall also include,->> <<+ and+>> at the direction of a physician licensed in the State of New Jersey, the application of physical treatment modalities to athletes as recommended by the Advisory Committee and defined in N.J.A.C. 13:35-<<-10.6(c)->><<+ 10.4(c)+>>.

...

<< NJ ADC 13:35-10.3 >>

13:35-10.3 <<-Education standards->> <<+Application for licensure+>>

<<-The requirement of N.J.S.A. 45:9-37.42 that an athletic trainer must provide proof of graduation or successful completion of a program of education, training, and experience approved by the Board shall be defined as the curriculum or program of education, training, and experience which was approved during the entire course of the applicant's education, training, and experience by the National Athletic Trainers Association Board of Certification, Inc.->>

<<+(a) An applicant for athletic trainer licensure shall submit to the Board:+>>

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

<<+2. Proof that the applicant has completed a program of education, training and experience which is approved by the National Athletic Trainers' Association Board of Certification, Inc., or its successor;+>>

<<+3. Proof that the applicant has passed the examination administered by the National Athletic Trainers' Association Board of Certification, Inc., or its successor, or an equivalent examination as adopted by the Board; and+>>

<<+4. The application fee pursuant to N.J.A.C. 13:35-10.6.+>>

<< NJ ADC 13:35-10.4 >>

<<-13:35-10.4 Examinations->>

<<-The requirement of N.J.S.A. 45:9-37.43 that an athletic trainer must pass an examination approved by the Board shall be deemed to have been met by evidence of passing the examination administered by the National Athletic Trainers Association Board of Certification, Inc. The Advisory Committee, in its discretion and with prior approval of the Board, may develop and administer an alternative examination, testing the applicant's knowledge in the areas outlined in N.J.S.A. 45:9-37.43.->>

<< NJ ADC 13:35- >>

<<-13:35-10.5 (Reserved)->>

13:35-<<-10.6->><<+10.4+>> Approved activities

(a) A <<-registered->> <<+licensed+>> athletic trainer may provide the full spectrum of pre-season, in-season and post-season conditioning programs. These programs include<<-, but are not limited to,->> maintenance and reconditioning programs, as well as bandaging, wrapping, taping, padding, and splinting procedures for the prevention and management of injuries.

(b) Nothing in this subchapter shall be interpreted to prohibit <<- registered->> <<+licensed+>> athletic trainers from providing first-aid.

(c) A <<-registered->> <<+licensed+>> athletic trainer may, at the direction of a licensed physician <<-as provided in N.J.A.C. 13:35- 10.2->>, administer the following physical treatment modalities:

1.-8. (No change.)

(d) A <<-registered->> <<+licensed+>> athletic trainer may, at the direction of a licensed physician <<-as provided in N.J.A.C. 13:35- 10.2->>, provide testing or neuromotor and musculoskeletal functional capability for the purposes of conditioning, reconditioning or otherwise evaluating the athlete's performance capability. However, nothing in this subchapter shall be interpreted to permit a <<-registered->> <<+ licensed+>> athletic trainer to conduct electromyographic testing or nerve conduction velocity studies.

(e) The <<-Advisory Committee recognizes that the->> <<+licensed+>> athletic trainer <<-is not authorized to->> <<+shall not+>> diagnose an injury or illness. However, prior to implementing or while maintaining the plan of care, the <<+licensed+>> athletic trainer shall exercise professional judgment to determine whether any intervening circumstances have adversely affected the athlete's ability to participate in or continue to participate in the plan of care.

(f) A written record regarding the treatment of an athletic injury shall be created by the <<+licensed+>> athletic trainer and maintained for a period of seven years from the date of the last entry.

(g) Nothing in this subchapter shall be interpreted to prohibit <<- registered->> <<+licensed+>> athletic trainers from being employed or performing activities which do not require licensure or registration provided they do not hold themselves out as <<-being able to perform athletic training in->> <<+athletic trainers during+>> that employment or performance.

(h) Nothing in this section shall be interpreted to prohibit <<- unregistered->> <<+unlicensed+>> individuals from applying bandaging, wrapping, taping, padding or splinting techniques to non-injured athletes.

<< NJ ADC 13:35- >>

13:35-<<-10.7->><<+10.5+>> Violations

Without limiting the prosecution of any practices which may be unlawful under any other state or Federal law, a violation of this subchapter shall be deemed to be a violation of the Athletic Training <<-Practice->> <<+ Licensure+>> Act, N.J.S.A. 45:37-35 et seq., and shall be subject to the sanctions and penalties <<-provided for thereunder->> <<+of N.J.S.A. 45:1-1 et seq+>>.

<< NJ ADC 13:35- >>

13:35-<<-10.8->><<+10.6+>> Fees

(a) The following fees shall be charged by the Board for athletic trainer <<-registration->> <<+licensure+>>:

1. Temporary licensure or authorized licensure without examination .......... $60.00
2. Initial Licensure Fee
i. If paid during the first year of a biennial renewal period
ii. If paid during the second year of a biennial renewal period
 
.......... $70.00
.......... $35.00
3. Biennial renewal .......... $70.00
4. Endorsement .......... $60.00
5. Late renewal fee .......... $50.00



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Posted July 8, 2003