VOLUME 47, ISSUE 3
ISSUE DATE: March 16, 2015
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
State Board of Physical Therapy Examiners
Proposed Amendment: N.J.A.C. 13:39A-3.1 and 3.2
Patient Records; Use of Personal or Other Computer to Prepare Patient Records
Authorized By: State Board of Physical Therapy Examiners, Lisa Affinito, Executive Director.
Authority: N.J.S.A. 45:9-37.18.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2015-036.
Submit comments by June 5, 2015, to:
Lisa Affinito, Executive Director
State Board of Physical Therapy Examiners
PO Box 45014
Newark, NJ 07101
or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
The agency proposal follows:
N.J.A.C. 13:39A-3.1 requires that a licensee's name and license number appear on every page of a patient record. It is not clear how licensees should comply with this requirement when they maintain records solely on a computer, as such records are not broken into separate pages by recordkeeping software. The State Board of Physical Therapy Examiners (Board) proposes to amend N.J.A.C. 13:39A-3.2, which sets forth standards for maintaining patient records on a computer, to establish that licensees are not required to put their names and license numbers on every page of patient records when they are maintained solely on a computer. If a licensee generates a hard copy of a patient record, the record must be completely paginated, with each page being a specified number of the total number. This will ensure that those who receive hard copies of computerized patient records will be able to keep such copies in order and easily identify them without requiring that a licensee's name and license number appear on each page.
The Board also proposes to amend N.J.A.C. 13:39A-3.1 to change the term "licensure status" to "licensure designation," which more accurately identifies the information required on a patient record. The proposed amendment to N.J.A.C. 13:39A-3.2 also clarifies that a portion of a computerized record may be printed out upon request.
The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirements.
The Board does not anticipate that the proposed amendments will have an impact on society as it is merely a requirement regarding the form of recordkeeping.
The Board does not anticipate that the proposed amendments will have any economic impact as it is merely a requirement regarding the form of recordkeeping.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
The Board does not believe that the proposed amendments will increase or decrease 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
Since licensed physical therapists and physical therapist assistants are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. The proposal will have no economic impact. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments do not impose reporting or recordkeeping requirements, but does impose compliance requirements on licensees as outlined in the Summary above.
The Board believes that the proposed amendments will benefit licensees who maintain patient records on a computer. As such, the provisions will be applied uniformly to all licensees regardless of the size of the business.
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 regulation would evoke a change in the average costs associated with housing because the proposed amendments concern patient record requirements.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the regulation 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 patient record requirements.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 3. BUSINESS PRACTICES; PROFESSIONAL CONDUCT
13:39A-3.1 Patient records
(a)-(b) (No change.)
(c) The patient record shall include, in addition to personal identifying information, consents, and disclosures, at least the following information:
1. The full name, as it appears on the license, of the licensee who rendered care, identification of licensure [status] designation (PT or PTA), and license number. This information shall be legible and shall appear at least once on each page of the patient record, except as set forth at N.J.A.C. 13:39A-3.2(e);
2.-14. (No change.)
(d)-(e) (No change.)
13:39A-3.2 Use of personal or other computer to prepare patient records
(a)-(c) (No change.)
(d) The licensee shall generate a hard copy of the complete patient record, or a portion thereof, upon request.
(e) Notwithstanding N.J.A.C. 13:39A-3.1(c)1, a licensee who maintains a patient record solely on a personal or other computer shall not be required to include his or her name and license number on every page of a patient record; however, the name and license number shall appear at least once on the patient record.
(f) A licensee who generates a hard copy of a patient record pursuant to (d) above shall ensure that the hard copy is paginated with each page being a specified number of the total number of pages in the record.