40 N.J.R. 3869(a)

NEW JERSEY REGISTER
Copyright © 2008 by the New Jersey Office of Administrative Law


VOLUME 40, ISSUE 13
ISSUE DATE: JULY 7, 2008
RULE PROPOSALS
HEALTH AND SENIOR SERVICES
PUBLIC HEALTH SERVICES BRANCH
DIVISION OF HEALTH INFRASTRUCTURE PREPAREDNESS AND EMERGENCY RESPONSE
OFFICE OF EMERGENCY MEDICAL SERVICES


40 N.J.R. 3869(a)


Proposed Amendments: N.J.A.C. 8:40A-1.2, 1.3, 2, 3, 4.2, 4.4, 4.5, 4.6, 5.3, 5.4, 5.5, 5.6, 5.8, 6, 7, 8, 9.3, 9.4, 9.5 and 10
Proposed Repeal and New Rule: N.J.A.C. 8:40A-6.5
Proposed New Rules: N.J.A.C. 8:40A-10.5, 11 and 12 and 8:40A Appendices A through N
Click here to view Interested Persons Statement
Emergency Medical Technician--Basic: Training and Certification
Authorized By: Heather Howard, Commissioner, Department of Health and Senior Services.
Authority: N.J.S.A. 26:2K-39 through 62.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2008-229.
Submit written comments by September 5, 2008 to:
Ruth Charbonneau, Director
Office of Legal and Regulatory Affairs
Office of the Commissioner
New Jersey Department of Health and Senior Services
PO Box 360
Trenton, NJ 08625-0360
The agency proposal follows:
Summary
N.J.A.C. 8 :40A establishes requirements for the training, testing and certification of Emergency Medical Technicians--Basic (EMT-Basics). The Department of Health and Senior Services (Department) adopted N.J.A.C. 8:40A in 2004. 35 N.J.R. 2043(a) (May 19, 2003), 36 N.J.R. 3117(b) (June 21, 2004). The regulated community has received N.J.A.C. 8:40A well since its adoption on June 21, 2004. However, to implement the initiatives discussed in the following paragraphs, and to make other changes to the rules that would improve administrative efficiency, the Department has determined to propose amendments, new rules, and a repeal at N.J.A.C. 8:40A, described below.
Proposed Emergency Preparedness Training Initiatives
In response to the 2003 notice of proposal of N.J.A.C. 8:40A, the Department received comments from former New Jersey Attorney General Peter C. Harvey, on behalf of the New Jersey Domestic Security Task Force. In those comments, Attorney General Harvey recommended that the Department consider amending N.J.A.C. 8:40A-5.8, 7.3, and 7.5 to require EMT-Basics to receive training in Hazardous Materials Level 1 Awareness, Weapons of Mass Destruction Awareness, and Incident Command System 100 procedures. 36 N.J.R. 3117(b), 3120 (June 21, 2004) at Comment 32. The Department has considered these recommendations and has determined that it would be in the best interest of the public for the Department to require that EMT-Basics receive additional emergency preparedness training as recommended by former Attorney General Harvey and the New Jersey Domestic Security Task Force.
In addition, on August 5, 2005, Governor Richard J. Codey entered Executive Order No. 50 (2005), which requires the Department to promulgate rules requiring EMT-Basics to successfully complete ICS-700, an introductory course to the National Incident Management System (NIMS). Executive Order No. 50, §1 (Governor Codey, August 5, 2005), 37 N.J.R. 3096(b) (September 6, 2005), available at http://www.state.nj.us/infobank/circular/eoc50.htm.
To implement the emergency preparedness training initiatives described above, the Department is proposing several amendments. The Department proposes a new definition for "Emergency Preparedness Training Program" at N.J.A.C. 8:40A-1.3. The "Emergency Preparedness Training Program" would be comprised of the three courses recommended for EMT-Basics by the New Jersey Domestic Security Task Force and the IS-700 course mandated by Executive Order No. 50 (2005). The proposed amendments at N.J.A.C. 8:40A-1.3 would define the component courses as "I-100 Incident Command System Orientation" or "ICS100," "Level 1 First Responder Awareness" or "Hazardous Materials Level 1 Awareness," "Level 1 First Responder Chemical-Biological-Radiological-Nuclear-Explosive" or "CBRNE," "Weapons of Mass Destruction Awareness" or "WMD Awareness," and "IS-700 National Incident Management System, An Introduction," or "NIMS," the names given to these courses by the agencies that created them. These courses would be codified under the definition of "Emergency Preparedness Training Program" as Level 1 First Responder Awareness, Level 1 First Responder Chemical-Biological-Radiological-Nuclear-Explosive (CBRNE) Weapons of Mass Destruction (WMD), I-100 Incident Command System Orientation, and IS-700 National Incident Management System, An Introduction. In addition, the Department proposes individual definitions for these courses under the headings of "I-100 Incident Command System Orientation" or "ICS 100," "Level 1 First Responder Awareness" or "Hazardous Materials Level 1 Awareness," "Level 1 First Responder Chemical-Biological-Radiological-Nuclear-Explosive" (CBRNE) or "Weapons of Mass Destruction" (WMD) Awareness, "I-100 Incident Command System Orientation" or "ICS 100," and "IS-700 National Incident Management System (NIMS), An Introduction" or "IS-700." In order to permit ready access to the source agencies for these courses, the Department proposes to add definitions for the "National Wildfire Coordinating Group," the "Federal Emergency Management Agency," and the "New Jersey Office of Emergency Management."
The Department proposes to amend the definition of "program curriculum" at N.J.A.C. 8:40A-1.3 to include the Emergency Preparedness Training Program and the Emergency Preparedness Continuing Training Program. In addition, the Department proposes to amend the definition of "refresher curriculum" to simplify its language and structure. The Department proposes to add a new definition for "qualified instructional staff" that would enable the Department to restructure and simplify N.J.A.C. 8:40A-5.5 and 9.3 by removing the list of "qualified instructional staff" from the rule text at N.J.A.C. 8:40A-5.5(b) and 9.3(b).
Existing N.J.A.C. 8:40A-7.3(a) sets forth procedures by which individuals who have obtained EMT-Basic certification from the National Registry of Emergency Medical Technicians (NREMT), the State of New York, and/or member states of the Atlantic EMS Council can obtain a New Jersey EMT-Basic certification card. The Department proposes to delete existing N.J.A.C. 8:40A-7.3(a) and to add new subsection (a). Proposed new N.J.A.C. 8:40A-7.3(a) would specify that persons seeking reciprocity who hold certification as EMT-Basics by the State of New York, or by any state that is a member of the Atlantic EMS council must successfully complete the Emergency Preparedness Training Program, epinephrine auto injector training, and nerve agent antidote kit (NAAK) training. Proposed new N.J.A.C. 8:40A-7.3(a) would also require applicants to complete the reciprocity application, provided at new chapter Appendix B, incorporated herein by reference, and to undergo a criminal history record review.
The Department proposes to amend N.J.A.C. 8:40A-7.3(b) to address reciprocity for EMT-Basics who are currently certified by the NREMT and/or any state or jurisdiction that is not a member of the Atlantic EMS Council. In addition to the reciprocity requirements discussed above, the proposed amendment at N.J.A.C. 8:40A-7.3(b) would require reciprocity candidates to achieve a passing score on the NJEMT Certification Examination. Consistent with these changes, the Department proposes to amend N.J.A.C. 8:40A-1.3 to remove the term "recognized" from the definitions of "Emergency Medical Technician-Basic" and "Emergency Medical Technician-Paramedic."
N.J.A.C. 8:40A-7.5 sets forth the requirements for EMT-Basic recertification. The Department proposes to amend N.J.A.C. 8:40A-7.5(a)2 to require 24 continuing education credit hours in the EMT-Basic Refresher: National Standard Curriculum, 12 continuing education credit hours in the Emergency Preparedness Training Program and 12 elective continuing education credit hours. To aid the continuing education of students who have previously completed the component courses of the Emergency Preparedness Training Program, the Department proposes to amend N.J.A.C. 8:40A-7.5(a)2 to permit students to take 12 credit hours of continuing education courses in the Emergency Preparedness Continuing Training Program.
Proposed new N.J.A.C. 8:40A-7.5(a)2iv would provide that the Department cannot award continuing education credit hours for the same course more than once during an individual's recertification cycle, except for CPR courses. Proposed new paragraph (a)3 would establish the Basic Life Support (BLS) Application for Provider Recertification form at Appendix C, incorporated herein by reference.
The Department proposes to amend N.J.A.C. 8:40A-7.5(d) to provide that the OEMS shall mail one continuing education unit (CEU) status letter detailing the cumulative CEU credits earned by an individual to that individual upon request. This would amend existing N.J.A.C. 8:40A-7.5(d), which presently provides that the OEMS shall mail a CEU status letter to every certified individual automatically. The Department proposes to amend N.J.A.C. 8:40A-1.3 to add a definition for the term, "Emergency Preparedness Continuing Training Program."
N.J.A.C. 8:40A-7.6 sets forth the requirements for recertification of individuals whose EMT-Basic certifications have expired. The Department proposes to amend N.J.A.C. 8:40A-7.6(a) to specify that only individuals whose EMT-Basic certifications have been expired for two years or less may become recertified by taking the EMT-Basic Refresher: National Standard Curriculum and the Emergency Preparedness Continuing Training Program. The Department proposes to amend N.J.A.C. 8:40A-7.6(a) and (b) to require that such individual must also complete epinephrine auto injector training and NAAK training. The Department proposes to recodify existing N.J.A.C. 8:40A-7.6(b) as (c) and clarify the means that the OEMS would use to determine how long a successful recertification candidate's new certification card would be valid. The Department proposes to add new N.J.A.C. 8:40A-7.6(d) that would provide that an individual whose certification has been expired for more than two years would have to complete the entire program curriculum for new EMT-Basics.
N.J.A.C. 8:40A-9.5 sets forth the requirements of the program curriculum for EMT-Basic recertification. The Department proposes to amend N.J.A.C. 8:40A-9.5(a) to specify that the program curriculum for recertification must contain 12 credit hours of instruction in the Emergency Preparedness Continuing Training Program, in addition to the 24 credit hours of instruction in the EMT-Basic Refresher: National Standard Curriculum that would be required by proposed N.J.A.C. 8:40A-9.5(a)1 and the 12 electrical credit hours of instruction that would be required by N.J.A.C. 8:40A-9.5(a)3. The Department proposes to add new N.J.A.C. 8:40A-9.5(b) to prohibit continuing education programs from attempting to offer students more continuing education credits than hours of instruction. The Department proposes to add new N.J.A.C. 8:40A-9.5(c) to establish the responsibility of EMT-Basic Instructors to direct program lecture sessions and to submit course documentation to the OEMS. The Department proposes to recodify existing N.J.A.C. 8:40A-9.5(a)2 as new subsection (d) and to add new N.J.A.C. 8:40A-9.5(d)3 to establish that credit hours earned in approved elective courses are not to be applied to satisfy the continuing education requirements of either the Emergency Preparedness Continuing Training Program or the refresher curriculum. The Department proposes to recodify existing N.J.A.C. 8:40A-9.5(b) as new subsection (e), and proposes to add new paragraphs (e)1 through 3 to specify the number of credit hours that the OEMS would assign to a course per hour of instruction. The Department proposes to add new N.J.A.C. 8:40A-9.5(f) to prevent training agencies from conducting continuing education sessions that exceed a total of eight hours on any given calendar date.
The Department proposes new language at N.J.A.C. 8:40A-9.5(f)1 that would require continuing education sessions to be conducted between the hours of 7:00 A.M. and 11:00 P.M. and the Department proposes new language at N.J.A.C. 8:40A-9.5(f)2 that would require the Department to disapprove continuing education credits or EMT-Training Fund reimbursement for continuing education sessions not conducted in accordance with N.J.A.C. 8:40A-9.5(f).
N.J.A.C. 8:40A-8.1 sets forth the requirements for EMT-Basic Instructor (also known as EMT-Basic(I)) certification. N.J.A.C. 8:40A-8.2 sets forth the requirements for EMT-Basic(I) recertification. The Department proposes to amend N.J.A.C. 8:40A-8.1(b) to incorporate use of the forms at proposed new chapter Appendices D and K. The Department proposes to amend N.J.A.C. 8:40A-8.2(a)1 to incorporate the use of the form at proposed new chapter Appendix L, incorporated herein by reference in order to allow program coordinators more time to complete recertification documentation for EMT-Basic Instructors, the Department proposes to amend N.J.A.C. 8:40A-8.2(b)1 to require that such documentation be submitted to the OEMS at least 30 days prior to the expiration of the person's EMT-Basic Instructor certification instead of 90 days prior to the expiration of the person's EMT-Basic Instructor certification. The Department proposes to amend N.J.A.C. 8:40A-8.1(c) and 8.2(a) to require EMT-Basic Instructors to complete the Emergency Preparedness Continuing Training Program as a condition of initial certification and recertification, respectively. In addition, the Department proposes to add new N.J.A.C. 8:40A-8.2(c) to provide that the OEMS shall not recertify an EMT-Basic(I) if he or she has been convicted of a criminal offense or is currently on probation, unless the OEMS determines, pursuant to the Rehabilitated Convicted Offender's Act, N.J.S.A. 2A:168A-1 et seq., that the person is rehabilitated.
N.J.A.C. 8:40A-8.3 sets forth the requirements for EMT-Basic(I) recertification where the prior certification has been expired for 36 months or less. The Department proposes to amend N.J.A.C. 8:40A-8.3(a) to require EMT-Basic Instructors with such expired certifications to complete the Emergency Preparedness Continuing Training Program, epinephrine auto injector training, and NAAK training. The Department proposes to add new N.J.A.C. 8:40A-8.3(c) to establish that the OEMS will not recertify an EMT-Basic(I) who has been convicted of a criminal offense and/or is currently on probation, unless the OEMS determines, pursuant to the Rehabilitated Convicted Offender's Act, N.J.S.A. 2A:168A-1 et seq., that the individual is rehabilitated.
Proposed Expansion of Criminal History Record Reviews
In an effort to increase public safety, the Department has determined to expand criminal history record reviews of EMT-Basics upon certification, recertification, and reciprocity. In order to implement this initiative, the Department is proposing several amendments.
The Department proposes to amend N.J.A.C. 8:40A-1.3 to modify the definition of the term "conviction" to remove entry into pre-trial intervention (PTI) programs from being part of the definition. PTI programs suspend criminal charges for a period of time during which an accused individual is under supervisory treatment. N.J.S.A. 2C:43-12. The accused must meet certain criteria during this supervisory treatment period and if he or she meets those criteria then a judge may dismiss the criminal charges. This action is more properly characterized as "probation." N.J.S.A. 2C:43-12. Accordingly, the Department proposes to remove PTI from the definition of "conviction." The Department proposes a new definition for the term, "probation," which would include entry into PTI, conditional discharge, and other diversionary programs. In addition, the Department proposes to amend the definitions for the terms "crime" and "disorderly persons offense" to include offenses committed in other states or jurisdictions, which, if committed in New Jersey, would constitute crimes, or disorderly persons offenses in accordance with the New Jersey Code of Criminal Justice.