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RULE PROPOSALS
VOLUME 45, ISSUE 20
ISSUE DATE: October 21, 2013
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF POLYSOMNOGRAPHY

Proposed Amendments: N.J.A.C. 13:44L-2, 3.2, 3.3, 3.4, and 4.1

Application for a Temporary License as a Polysomnographic Trainee; Application for a Temporary License as a Polysomnographic Technician; Application for License as a Polysomnographic Technologist; Application for Licensure by Out-of-State Licensed Polysomnographic Technologist; Licensure for Those who Passed BPRT Examination or Practiced Prior to May 17, 2010; Renewal of Polysomnographic Technologist License; Renewal of Polysomnographic Technician License; Inactive Status for Provisional and Temporary Licensee; Continuing Education
 
Authorized By: New Jersey State Board of Polysomnography, Francine Widrich, Acting Executive Director.
 
Authority: N.J.S.A. 45:14G-1 et seq., specifically 45:14G-7.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2013-145.
 
Submit comments by December 20, 2013, to:
 
   Francine Widrich, Acting Executive Director
   New Jersey State Board of Polysomnography
   124 Halsey Street
   P.O. Box 45051
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary

The State Board of Polysomnography (Board) is proposing to amend N.J.A.C. 13:44L-2, 3.2, 3.3, 3.4, and 4.1 to permit applicants for licensure, license renewal, or license reactivation to provide proof of certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer from either the American Heart Association (AHA), the American Red Cross (ARC), or another entity determined by the State Department of Health to comply with AHA CPR Guidelines. Under its existing rules, the Board will only accept a certification issued by the AHA or the ARC.

On November 28, 2012, the Board received a petition for rulemaking from Ralph M. Shenefelt, Vice President, Strategic Compliance, on behalf of the Health and Safety Institute (HSI), requesting that the Board amend its rules set forth at N.J.A.C. 13:44L-2, 3.2, 3.3, 3.4, and 4.1 to permit a current certificate in Basic Life Support (BLS) issued by the American Safety and Health Institute (ASHI), an HSI affiliate, to satisfy the Board's requirements for current certification in BLS or CPR/AED training. Mr. Shenefelt submitted that ASHI's BLS program is equivalent to that of the AHA and the ARC. He represented that the American Academy of Sleep Medicine (AASM) recognizes the ASHI BLS training program "CPR PRO for the Professional Rescuer" as a sound and substantially equivalent program to that offered by the AHA and the ARC. He also informed the Board that the State Department of Health has granted an indefinite waiver to the ASHI program, recognizing it as equivalent to the AHA and ARC training program, so long as it remains in compliance with AHA guidelines.

Mr. Shenefelt argued that the Board's existing rules restrain competition and violate principles of fairness by not permitting ASHI programs to satisfy the requirements for training in basic life support. He submitted that granting an exclusive market for BLS training to the AHA and the ARC creates an impediment to the 138 ASHI Training Centers in the State, discourages the expansion of existing or new ASHI Training Centers in the State, and causes a loss of jobs.

A notice acknowledging receipt of the petition and the Board's determination to refer the action for further review and analysis of the issues raised by Mr. Shenefelt was published in the New Jersey Register on January 7, 2013, at 45 N.J.R. 73(b). On February 22, 2013, the Board requested, and the petitioner granted, an extension of time for the Board to consider the petition. A notice of action on petition for rulemaking reflecting this extension was published on April 1, 2013, at 45 N.J.R. 767(a).

On April 9, 2013, Mr. Shenefelt addressed the Board in open public session via videoconference to further explain the ASHI CPR PRO program and to answer the Board's questions. The Board raised questions relating to quality control of instructors, program content, including skills taught by the program and any hands-on component, and how ASHI keeps up with AHA protocol changes.

The Board determined at this meeting that the HSI program is substantially equivalent to the AHA and ARC training programs, and granted the petitioner's request for rulemaking. A notice of final action on petition for rulemaking reflecting the Board's decision was published on May 20, 2013, at 45 N.J.R. 1265(a).

The Board notes that the Department of Health, which requires all of its approved programs to meet AHA guidelines, permits emergency medical technicians to complete the ASHI Professional Rescuer program as a prerequisite for entrance to the New Jersey EMT-Basic Certification Examination. The Board has further determined that any BLS or CPR/AED course certification acceptable to the Department of Health would also meet the Board's standards. Therefore, the Board proposes to amend N.J.A.C. 13:44L-2, 3.2, 3.3, 3.4, and 4.1 to permit an applicant seeking licensure, license renewal, or license reactivation to offer proof of current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer, issued by either the American Heart Association (AHA), the American Red Cross (ARC), or another entity determined by the State Department of Health to comply with AHA CPR Guidelines. Applicants can get a list of these entities through the Department of Health website or by contacting the Board.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The Board believes that the proposed amendments will have a positive social impact on polysomnographic trainees, technicians, and technologists. The proposed amendments would give licensees greater freedom in choosing providers for their BLS or CPR/AED training. Licensees may be able to locate approved providers who offer class times that are more convenient, or geographically closer to where they live or work, or whose courses are less expensive than those offered by the AHA or ARC.

The Board believes that because the proposed amendments require a provider to be approved by the State Department of Health, and because the Department of Health requires all of its approved providers to follow AHA guidelines requiring successful completion of a written examination and evaluation of hands-on skills to verify provider skills competency, that the proposed amendments will not result in a loss of consumer protection.
 
Economic Impact

The Board believes that the proposed amendments will have a positive economic impact on applicants for licensure, license renewal, and license reactivation, because the amendments are designed to expand the number of acceptable training programs through which applicants may achieve certification. The proposed amendments will increase competition among BLS and CPR/AED providers, which may result in lower tuition for licensees.

The proposed amendments will also economically benefit those BLS and CPR/AED training providers who are approved by the Department of Health because they comply with AHA guidelines, but whose [page=2327] certification is not currently accepted by the Board. The Board does not believe that the proposed amendments will have any economic impact on the public.
 
Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:14G-1 et seq., and are not subject to any Federal requirements or standards.
 
Jobs Impact

The Board believes that the proposed amendments may result in the creation of jobs to the extent the market for BLS and CPR/AED training programs would no longer be exclusive to the AHA and the ARC; other program providers may have incentive to expand their presence in the State because the Board would accept their certifications. The Board does not believe that the proposed amendments will result in the loss of jobs in the State.
 
Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Statement

Since the nine polysomnographic trainees, 230 polysomnographic technicians, and 297 polysomnographic technologists are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq. The proposed amendments do not impose any reporting, recordkeeping, or compliance requirements; they merely expand the source of provider certifications acceptable to the Board. Therefore, no regulatory flexibility analysis is required.
 
Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the amendments would evoke a change in the average cost associated with housing because the proposed amendments concern the expansion of the source of provider certifications acceptable to the Board.
 
Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern the expansion of the source of provider certifications acceptable to the Board.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 2.    LICENSURE
 
13:44L-2.1   Application for a provisional license as a polysomnographic trainee
 
(a) An applicant for a provisional license as a polysomnographic trainee shall submit, or arrange to have submitted, to the Board:
 
1.-4. (No change.)
 
5. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
6.-7. (No change.)
 
(b) (No change.)
 
13:44L-2.2   Application for a temporary license as a polysomnographic technician
 
(a) A provisionally licensed polysomnographic trainee applying for a temporary license as a polysomnographic technician shall submit to the Board:
 
1.-2. (No change.)
 
3. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
4.-6. (No change.)
 
(b) An applicant for a temporary license as a polysomnographic technician who does not hold a provisional license as a polysomnographic trainee shall submit, or arrange to have submitted, to the Board:
 
1.-3. (No change.)
 
4. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
5.-7. (No change.)
 
(c) (No change.)
 
13:44L-2.3   Application for license as a polysomnographic technologist
 
(a) A licensed polysomnographic technician applying for licensure as a polysomnographic technologist shall submit to the Board:
 
1.-2. (No change.)
 
3. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
4.-6. (No change.)
 
(b) An applicant for licensure as a polysomnographic technologist who does not hold a temporary license as a polysomnographic technician shall submit to the Board:
 
1.-3. (No change.)
 
4. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
5.-6. (No change.)
 
13:44L-2.4   Application for licensure by out-of-State licensed polysomnographic technologist
 
(a) An applicant for licensure as a licensed polysomnographic technologist who is licensed as a polysomnographic technologist in another state shall submit to the Board:
 
1.-3. (No change.)
 
4. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity [page=2328] determined by the Department of Health to comply with AHA CPR Guidelines;
 
5.-6. (No change.)
 
13:44L-2.5   Licensure for those who passed BRPT examination or practiced prior to May 17, 2010
 
(a) (No change.)
 
(b) A person applying for a polysomnographic technologist license pursuant to (a) above shall submit:
 
1.-2. (No change.)
 
3. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
4.-5. (No change.)
 
(c) (No change.)
 
(d) A person applying for a temporary license as a polysomnographic technician pursuant to (c) above shall submit:
 
1.-3. (No change.)
 
4. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
5.-6. (No change.)
 
(e)-(f) (No change.)
 
SUBCHAPTER 3.    RENEWAL
 
13:44L-3.2   Renewal of polysomnographic technologist license
 
(a)-(d) (No change.)
 
(e) A person seeking reinstatement as a polysomnographic technologist within five years following the suspension of a license shall submit the following to the Board:
 
1. (No change.)
 
2. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
3.-6. (No change.)
 
(f)-(h) (No change.)
 
(i) A licensed polysomnographic technologist who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon submission of the following to the Board:
 
1. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
2.-4. (No change.)
 
(j) (No change.)
 
13:44L-3.3   Renewal of polysomnographic technician license
 
(a)-(b) (No change.)
 
(c) A licensed polysomnographic technician applying for renewal of a temporary license pursuant to (b) above shall submit to the Board:
 
1. (No change.)
 
2. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
3.-6. (No change.)
 
13:44L-3.4   Inactive status for provisional and temporary license
 
(a)-(e) (No change.)
 
(f) A polysomnographic trainee or technician on inactive status may request a return to active status by submitting a written request to the Board, indicating why he or she is able to recommence acting as a polysomnographic trainee or technician. A written request for return from inactive status shall also include:
 
1. Proof that the applicant holds current certification in Basic Life Support [for the Healthcare Provider from] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
 
2. (No change.)
 
(g)-(j) (No change.)
 
SUBCHAPTER 4.    CONTINUING EDUCATION
 
13:44L-4.1   Continuing education
 
(a) (No change.)
 
(b) Each applicant for biennial license renewal as a licensed polysomnographic technologist shall be required to obtain current certification in Basic Life Support [for the] or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of Healthcare Provider [from] or Professional Rescuer as issued by the American Heart Association, [or Cardio Pulmonary Resuscitation/Automated External Defibrillator (CPR/AED) for the Professional Rescuer from] the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines.
 
(c)-(d) (No change.)  in text.)



 

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