50 N.J.R. 2177(a)
VOLUME 50, ISSUE 20, OCTOBER 15, 2018
50 N.J.R. 2177(a)
Action: Notice of Receipt of Petition for Rulemaking
HEALTH > HEALTH SYSTEMS BRANCH > DIVISION OF CERTIFICATE OF NEED AND LICENSING > CERTIFICATE OF NEED AND HEALTHCARE FACILITY LICENSURE PROGRAM
N.J.A.C. 8:43A-30.7 and 8:43G-28.19
Notice of Receipt of Petition for Rulemaking
Manual of Standards for Licensing of Ambulatory Care Facilities
Radiation Oncology Services Quality Improvement Methods
Hospital Licensing Standards
Radiation and Radiation Oncology
Radiation Therapy Continuous Quality Improvement Methods
Petitioner: Laura I. Thevenot, Chief Executive Officer, American Society for Radiation Oncology.
Take notice that on August 23, 2018, the Department of Health (Department) received a petition for rulemaking from Laura I. Thevenot, Chief Executive Officer, American Society for Radiation Oncology (ASTRO), Arlington, Virginia.
Substance or Nature of the Requested Rulemaking Action
The petitioner requests that the Department make certain amendments to the Manual of Standards for Licensing Ambulatory Care Facilities at N.J.A.C. 8:43A-30.7, Radiation oncology services quality improvement methods, and the Hospital Licensing Standards at N.J.A.C. 8:43G-28.19, Radiation therapy continuous quality improvement methods.
Problem or Purpose of the Request
The petitioner requests that the Department make changes to N.J.A.C. 8:43A-30.7 and 8:43G-28.19, which currently require radiation oncology facilities to be accredited by either the American College of Radiology (ACR) or the American College of Radiation Oncology (ACRO). Specifically, the petitioner requests that the Department:
1. Amend N.J.A.C. 8:43A-30.7(b) and 8:43G-28.19(b) to include the ASTRO, or a program found equivalent by the Department, as alternative entities, additional to those the existing rules recognize, by which radiation oncology services and programs that ambulatory care facilities and hospitals operate are to obtain and maintain accreditation; and
2. Amend N.J.A.C. 8:43A-30.7(c) and 8:43G-28.19(c) to require ambulatory care facilities and hospitals to file accreditation certificates from the ASTRO, or a program found equivalent by the Department, within 45 days of receipt of a certificate, as the existing rules require with respect to accreditation certificates that the ACR and the ACRO issue.
The petitioner states that the existing rules "require radiation oncology facilities to be fully accredited by the [ACR] or the [ACRO], but do not [recognize] more recently created accreditation programs." The petitioner states further that the ASTRO "is the largest radiation oncology society in the world, with more than 10,000 members who specialize in treating patients with radiation therapies. As the leading organization in radiation oncology, biology and physics, the Society is dedicated to improving patient care through education, clinical practice, advancement of science and advocacy. ASTRO's highest priority has always been ensuring patients receive the safest, most effective treatments."
The petitioner asks the Department to include "ASTRO's Accreditation Program for Excellence (APEx(R)) as a recognized accrediting body." The petitioner states that "APEx(R) was created to support quality improvement in radiation therapy practice and establishes standards of performance derived from white papers and consensus practice guidance for radiation oncology."
In accordance with N.J.A.C. 1:30-4.2, the Department will subsequently mail to the petitioner and file with the Office of Administrative Law a notice of action on the petition.
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