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NEW JERSEY REGISTER
VOLUME 39, ISSUE 10
ISSUE DATE: MAY 21, 2007
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
PERSONNEL SERVICES

Proposed Amendments: N.J.A.C. 13:45B-15.1, 15.3 and 15.4
Proposed New Rule: N.J.A.C. 13:45B-15.7

Click here to view Interested Persons Statement

Placement of Health Care Practitioners

Definitions; General Duties; Duty to Refer Only Licensed Individuals; Homemaker-Home Health Aides and Agencies Authorized By: Stephen Nolan, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 34:8-54.
Calendar Reference: See Summary below for explanation of exemption to calendar requirement.
Proposal Number: PRN 2007-156.
Submit written comments by July 20, 2007 to:

Stephen Nolan, Acting Director
State of New Jersey
Division of Consumer Affairs
Office of the Director
P.O. Box 45027
Newark, New Jersey 07101

The agency proposal follows:

Summary

Existing N.J.A.C. 13:45B-15.1 defines a "health care practitioner supervisor" as a physician or a registered nurse who has two years combined public health nursing and progressive professional responsibilities in public health nursing; or three years combined public health nursing and progressive professional responsibilities in public health nursing. The Director proposes to amend this definition to clarify language and to require that a registered professional nurse have at least two years of experience as a nurse, one year of which is in community health or home care. This change corresponds to the requirements for homemaker-home health aide training program coordinators from N.J.A.C. 13:37-14.7 and homemaker-home health aide instructors from N.J.A.C. 13:37-14.8. As the individuals that supervise homemaker-home health aides perform similar functions to those who are responsible for the initial training of homemaker-home health aides, the Director believes it is appropriate that these individuals meet the same qualifying standards.

The Director proposes to amend N.J.A.C. 13:45B-15.3(c) to clarify language. Existing N.J.A.C. 13:45B-15.4 requires that an agency verify the licensure status of an individual it places by personally inspecting the original registration or license prior to placing the individual. In some instances, such as when the individual being placed and the agency are geographically distant from each other, personally inspecting the registration or license is unduly burdensome for agencies. The Director proposes to amend N.J.A.C. 13:45B-15.4 to allow agencies to verify licensure by securing a verification of the license or registration from the Board or Committee. An agency is required to personally inspect the registration or license, or a copy, within 45 days of obtaining verification. The agency is also required to maintain a copy of the verification document it obtained from the Board or Committee. The Director proposes new rule N.J.A.C. 13:45B-15.7. This proposed new rule states that only health care service firms may place homemaker-home health aides and sets forth standards for the practice of these aides. As the Director has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3.

Social Impact

The Director believes that the proposed amendments and new rule will have a beneficial impact on agencies that place health care practitioners. These agencies will be permitted to verify licensure by contacting the Board or Committee that licensed or certified the individuals. This should make it easier for these agencies to place individuals to provide health care to members of the public who need such care. The Director does not believe that the changes will have any other social impact.

Economic Impact

The Director believes that the proposed amendments and new rule will have a positive economic impact on agencies that place health care practitioners. These agencies will no longer be required to incur the costs of personally inspecting a registration or license document prior to placing an individual. The changes require agencies to verify licensure by obtaining documentation from the Board or Committee that registers or licenses the individual. If these Boards or Committees change for this documentation, agencies will incur costs in obtaining the verification. The Director does not believe that the changes will have any other economic impact on the public or on the Division.

Federal Standard Statement

A Federal standards analysis is not required because there are no applicable Federal laws or standards.

Jobs Impact

The Director does not believe that the proposed amendments and new rule will either increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Director does not expect the amendments and new rule to have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The agencies that place health care practitioners may be considered "small businesses" for the purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. The proposed amendments and new rule imposes costs on small businesses as discussed in the Economic Impact above. The Director does not believe that any business will need to employ professional services to comply with the requirements of the proposed amendments and new rule. The changes impose no reporting requirements but do impose compliance and recordkeeping requirements as explained in the Summary above. The Director believes that the proposed amendments and new rule must be applied uniformly to all agencies because it makes the verification process less burdensome for agencies while ensuring that the agencies are effectively determining the licensure status of the individuals that they place.

Smart Growth Impact

The proposed amendments and new rule will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 15. PLACEMENT OF HEALTH CARE PRACTITIONERS

13:45B-15.1 Definitions

As used in this subchapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

"Health care practitioner supervisor" means either a New Jersey licensed physician[,] or a New Jersey licensed registered professional nurse in good standing [holding] who holds a Bachelor of Science degree in nursing and [two years combined public health nursing and progressive professional responsibilities in public health nursing; or three years combined public health nursing and progressive professional responsibilities in public health nursing] at least two years of experience as a registered professional nurse, one year of which shall have been in community health or home care.

13:45B-15.3 General duties

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

(c) An agency shall employ [not less than] at least one health care practitioner supervisor who shall be licensed as an employment agent[, provided, however, that a]. A health care service firm may employ [a] additional health care practitioner supervisors who [need] are not [be] licensed as [an] employment agents.

(d)-(l) (No change.)

13:45B-15.4 Duty to refer only licensed individuals

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

(c) The agency shall, through its health care practitioner supervisor or other designated individual, verify the license status of each individual to be placed or referred prior to the referral or placement. Licensure shall be verified [only by personally inspecting the original of the current biennial registration or license issued to the individual to be referred or placed] by obtaining a document, which verifies licensure from the Board or Committee that registers or licenses the individual and, within 45 days of obtaining the verification, by personally inspecting the current biennial registration or license or a copy of the current biennial registration or license.

(d) The agency shall maintain a copy of the verification document that it has secured from the Board or Committee that registers or licenses the individual and a copy of the license or registration with the following notation conspicuously written across the entire face of the license: "COPY OF ORIGINAL NOT VALID FOR VERIFYING CURRENT LICENSURE STATUS."

(e)-(f) (No change.)

13:45B-15.7 Homemaker-home health aides and agencies

(a) Only a health care service firm may place certified homemaker-home health aides. No other agency shall place certified homemaker-home health aides.

(b) A health care service firm shall only refer or place actively certified homemaker-home health aides that are employed by the agency.

(c) A homemaker-home health aide shall only perform tasks that have either been delegated to him or her by the health care practitioner supervisor or which the health care practitioner supervisor has directed the homemaker-home health aide to perform.

(d) The health care practitioner supervisor shall ensure that the homemaker-home health aide demonstrates that he or she is competent to perform the client care the health care practitioner supervisor delegates.

(e) The health care practitioner supervisor shall document in the patient's record every task that has been delegated to a homemaker-home health aide.

[13:45B-15.7 through] 13:45B-15.8 (Reserved)



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