> FINAL

The September meeting of the New Jersey State Board of Respiratory Care was convened in accordance with its notice to the Secretary of State, the Bergen Record, the Trenton Times, the Courier Post and the Star-Ledger and was conducted in accordance with the provisions of the Open Public Meetings Act.

Chairman, Capek convened the meeting at 10:00 a.m. A roll call was taken and the following attendance was recorded for these minutes.

PRESENT: Kenneth Capek Michael G. Brown
James Brophy Christopher Lange
Janet Castronovo

ABSENT: Robert Malovany, M.D.

Also in attendance Tobey Palan, Deputy Attorney General, Dorcas K. O’Neal, Executive Director and Bernadette Augustus, staff.

Public attendance: Joseph Goss.

I. APPROVAL OF MINUTES

The Board reviewed the Public Session Minutes for the June 2, 2009 and the July 7, 2009 meetings. On a motion by James Brophy, seconded by Michael G. Brown, the Board unanimously approved the Public Session Minutes of June 2, 2009 as submitted. On a motion by Michael G. Brown, seconded by Janet Castronovo, the Board unanimously approved the Public Session Minutes of July 7, 2009 as redacted.

II. SPECIAL ELECTION FOR THE POSITION OF VICE PRESIDENT

a. Special election to replace Jeffrey Brozoski, Vice President. Executive Director, O’Neal, opened the floor for nomination for Vice President. Janet Castronovo, nominated Michael G. Brown. Executive Director O’Neal, called for other

nominations. Hearing none, she called for a motion to close the nomination. The Board unanimously elected Michael G. Brown, Vice President of the Board.

b. The Board elected Janet Castronovo to replace Jeffrey Brozoski on the Sub-committee, reviewing applications and Criminal Background Checks.

III. OLD BUSINESS

a. I/M/O Life Support Technologies, Inc. The Board authorized DAG Palan to call the Corporate Counsel for Life Support Technologies before issuing a subpoena. Reagendized.

b. The Board reviewed a fax from Ed Mehaffey, submitting an original letter to the Board and a flyer from the Joint Commission with a definition of Clinical Respiratory Services as it relates to spot check pulse oximetry. The Board authorized DAG Palan to call Mr. Mehaffey and advise him that spot check pulse oximetry should not be done without a standing order or physician’s protocol signed and approved by the physician.

IV. NEW BUSINESS

a. The Board reviewed the Division of Law Billing for the 4th quarter of Fiscal Year 2009, as informational.

b The Board reviewed the Respiratory Care Total Revenues Report for June 2009, as informational.

c. The Board reviewed the Respiratory Care Total Revenues Report for July, 2009, as informational.

d. The Board reviewed an e-mail from John Kalynovych, recommending an amendment to the scope of practice at N.J.A.C.13:44 3.3. The Board thanks Mr. Kalynovych for his comment.

e. The Board reviewed an e-mail from Joseph Goss, regarding Board of Registered Polysomnographic Technologist and its announcement of Eligibility Changes and New Pathways for RPSGT exam, as informational.

f. The Board reviewed an e-mail from Sharon Turner, inquiring as to whether a program on pandemic flu covers the infection control requirement. The Board determined that pandemic flu does meet the infection control requirement. Ms. Turner will be so advised.

V. INFORMATIONAL/FYI

a. The Board reviewed an article, “BRPT Unveils Certified Polysomnographic Technician Certificate,” as informational.

VI. LEGISLATION/REGULATIONS

Summary Report to the State Board of Respiratory Care Second Quarter March 1, 2009-June 30, 2009. The Board requested copies of two Bills. Reagendized.

a. Assembly Bill A853, requires certain persons to report suspected abuse, neglect or exploitation against vulnerable adults.

The Board reviewed, Assembly Bill A 3934 Aca (1R) concerns use of health information technology products.

VI. OTHER BUSINESS

None.

VII PUBLIC COMMENT

Mr. Goss stated that the Board of Polysomnography accepted comments on its regulations. He stated that there was not enough mention for monitoring sleep labs. He stated that issues were brought up by a few people performing sleep, especially respiratory therapists. There appeared to be an issue with the exemptions for respiratory care practitioners. He stated that there was a big discussion comparing respiratory therapists education with On The Job training (OJT), for Polysomnographic techs. He stated that the Board of Polysomnography they recognized that a licensed respiratory therapist does not need dual licensure. He stated that Board of Polysomnography’s attorney advised that it may come up and the Board has to be open to crossovers for professions.

There being no other business to come before the Board in Public Session, on a motion by Michael G. Brown, seconded by James Brophy, the meeting was adjourned and the Board moved into Executive Session for the purpose of receiving counsel, to conduct two investigative inquiries, to review eight items of old business, two item of new business and to review three applications.

The next scheduled meeting is October 6, 2009. There being no other business to come before the Board, on a motion by Michael G. Brown, seconded by Christopher Lange, the Board adjourned the meeting at 2:30 p.m.

Respectfully submitted,

Dorcas K. O’Neal
Executive Director