New Jersey-2012-S731-Introduced

An Act providing for the certification of fitness professionals and the registration of certain employers, supplementing Title 45 of the Revised Statutes, and amending P.L.1978, c.73 and P.L.1987, c.238.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the "Fitness Professionals Certification Act."

2. (New section) As used in this act:

"Advisory committee" or committee" means the Fitness Professionals Advisory Committee.

"Board" means the State Board of Medical Examiners.

"Exercise facility" means a health club, fitness center, wellness center, private personal training studio, or any facility that sells or offers for sale group exercise instruction, other than yoga, martial arts, or Pilates. An exercise facility shall not include medical offices, chiropractor offices or physical therapy centers or any facility that operates as a non-profit entity.

"Fitness professional" means a personal trainer or a group fitness instructor who is certified as a fitness professional pursuant to the provisions of this act.

"Group fitness instructor" means an individual who instructs more than one person at one time, with or without equipment, in exercises designed to improve cardiovascular conditioning, muscular strength, flexibility and weight loss in classes that include, but are not limited to, kickboxing, boot camp, spinning and any other group class that is taught at an exercise facility.

"Personal trainer" means a person who evaluates an individual's physical fitness; develops a personal exercise plan or program for an individual; and demonstrates, with or without equipment, exercises designed to improve cardiovascular condition muscular strength, flexibility and weight loss.

3. (New section) a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety under the State Board of Medical Examiners, a Fitness Professionals Advisory Committee. The committee shall consist of seven members who are residents of the State four members shall be actively engaged in practice as a fitness professional with at least five years experience immediately preceding their appointment, one of whom shall be a representative of a health club, and all of whom, except for the members first appointed, shall be certified as fitness professionals pursuant to this act, one member shall be a physician licensed in this State; one member shall be a physical therapist licensed in this State; and one member shall be a representative of the general public. Each of the four fitness professional members first appointed shall possess, at a minimum, an associate's degree in any health and fitness related field of study.

b. The Governor shall appoint each member to the committee for terms of three years, except that of the fitness professionals first appointed, two shall serve for a term of three years, one shall serve for a term of two years and one shall serve for a term of one year. Each member shall hold office until his successor has been qualified. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner provided for the original appointment. No member of the committee may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

c. The committee shall meet at least twice a year and shall also meet upon the call of the board or Attorney General.

d. The board, with the approval of the Attorney General, may authorize reimbursement of the members of the committee for their actual expenses incurred in connection with the performance of their duties as embers of the committee.

4. (New section) No person shall use the words "fitness professional," "certified fitness professional," "personal trainer," "certified personal trainer," "group fitness instructor," or "certified group fitness instructor" nor provide, present, call or represent himself as able to practice fitness training, personal training or group fitness instruction unless certified in accordance with the provisions of this act.

5. (New section) To be eligible for certification as a fitness professional, an applicant shall fulfill the following requirements:

a. Be 18 years of age or older;

b. Be of good moral character;

c. Have successfully completed high school or its equivalent;

d. (1) (a) Have successfully completed an approved course of study of not less than 200 classroom hours, a portion of which shall be in-person, as prescribed by the board after consultation with the Department of Education and the Department of Labor and Workforce Development, and which shall include not less than 50 hours of an internship in the presence of and under the direct supervision of a certified fitness professional; and

(b) have passed an in-person examination administered or approved by the board; or

(2) possess an, at a minimum associate's degree in any health and fitness related field of study.

6. (New section) The board shall issue to any person upon application a certification to practice as a fitness professional, if the applicant meets the requirements of subsections a., b. and c. of section 5 of this act and: a. has been engaged as a personal trainer or a group fitness instructor prior to the effective date of this act; b. holds a current certificate from an agency or program accredited by the National Commissioner for Certifying Agencies, or its successor organization, and which is also approved by the board, to practice personal training; and c. applies and becomes certified no later than two years following the promulgation of initial regulations by the board.

7. (New section) a. The board shall by rule or regulation establish, prescribe or change the fees for certifications, renewals of certifications, or other services provided by the board pursuant to the provisions of this act. Licenses shall be issued for a period of three years and be renewable every three years, except that the board may, in order to stagger the expiration dates thereof, provide that those certificates first issued or renewed after the effective date of this act shall expire or become void on a date fixed by the board, not sooner than six months nor later than 41 months after the date of issue.

b. Fees shall be established, prescribed or changed by the board to the extent necessary to defray all proper expenses incurred by the board, and any staff employed to administer this act, except that fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.

8. (New section) The provisions of this act shall not apply to any person licensed by the State to practice: medicine and surgery; physical therapy; chiropractic; or athletic training if that person is acting within the scope of practice of his profession.

9. (New section) a. The board shall require each fitness professional, as a condition for a certification renewal pursuant to section 7 of this act, to complete continuing education requirements as approved by the board.

b. The board shall: (1) establish standards for continuing education, including the number of hours required for certification renewal, the subject matter and content of courses of study, and the selection of instructors; (2) approve educational programs offering continuing education credits, in which one hour of instruction shall be of credit upon satisfactory proof of the completion of any continuing education program.

c. The board may, in its discretion waive requirements for continuing education on an individual basis for reasons of hardship, including illness or disability, retirement of a certification, or other good cause.

10. (New section) The board may require completion of continuing education credits on a pro rata basis for any registration periods commencing more than 12 but less than 36 months following the effective date of this act.

11. (New section) a. A fitness professional shall not engage in practice as a fitness professional with any individual unless the fitness professional first recommends, in a manner as prescribed by the board, that the individual complete an appropriate medical screening prior to receiving any service. An individual's refusal to complete a medical screening, or acknowledgement of the completion of a medical screening without further proof, shall not prohibit the fitness professional from offering or providing services to that individual.

b. A fitness professional shall not, within the context of group fitness instruction, or a personal exercise plan or program, examine, evaluate, treat, or rehabilitate a condition or injury to any individual, unless done under the direct supervision of a physician licensed in this State.

c. A fitness professional shall immediately refer an individual to an appropriate health care professional licensed in this State if the fitness professional has reasonable cause to believe that group fitness instruction or a personal exercise plan or program is contraindicated or a condition, injury, or symptom is present that requires services outside the scope of the fitness professional's practice.

12. (New section) The board, after consultation with the Fitness Professionals Advisory Committee, shall establish, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations for the administration and enforcement of this act.

13. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Landscape Architect Examination and Evaluation Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, and the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the Fitness Professionals Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2007, c.337, s.12)

14. Section 2 of P.L.1987, c.238 (C.56:8-40) is amended to read as follows:

2. Each person who sells or offers for sale health club services in this state shall register with the director on forms the director provides. the registration shall be renewed every two years. Upon the sale of the health club facility or a change in the majority ownership of the stock of the corporate owner, the health club facility shall register with the director and shall pay the registration fee. The person shall provide the full name and address of each business location where health club services are sold in the State, a statement certifying that any fitness professional, as defined in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), employed by the person, or who otherwise uses the health club facility to provide personal training or group fitness instructing, shall be properly certified in accordance with the "Fitness Professionals Certification Act, "P.L. , c. (C. ) (pending before the Legislature as this bill), as well as any other information regarding the ownership and operation of each health club that the director deems appropriate. The registration and renewal fees shall be established or changed by the director and shall be fixed at a level to allow for the proper administration and enforcement of this act, but shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.

(cf: P.L.1987, c.238, s.2)

15. Sections 1 through 3 and 12 of this act shall take effect immediately, and the remaining sections shall take effect on the first day of the second month next following the initial promulgation of final regulations by the State Board of Medical Examiners necessary to effectuate the purposes of this act.

STATEMENT

This bill provides for the licensing of fitness professionals. It establishes a seven member "State Board of Fitness Professionals" in the Division of Consumer Affairs in the Department of Law and Public Safety. The board shall consist of seven members who are residents of the State, two of whom shall be public members and one of whom shall be a member of the Executive Branch. The four remaining members shall have been actively engaged in practice as fitness professionals for at least five years immediately preceding their appointment and all of whom, except for the members first appointed, shall be licensed as fitness professionals pursuant to the bill.

The bill defines a "fitness professional" as a personal trainer or a group fitness instructor who is licensed as a fitness professional pursuant to the provisions of the bill.

To be eligible for licensure as a fitness professional, an applicant must:

� be of good moral character; and

� have successfully completed high school or its equivalent; and

� have successfully completed an approved course of study of not less than 300 in-person classroom hours, as prescribed by the board after consultation with the Department of Education and the Department of Labor and Workforce Development, which shall include not less than 50 hours of an unpaid internship in the presence of and under the direct supervision of, a licensed fitness professional, which internship shall be provided by the school providing the approved course of study; and (b) have passed an examination administered or approved by the board; or (2) possess an associate's or bachelor's degree in physical education, exercise science, exercise physiology or adult fitness.

The bill stipulates that no person shall use the words "fitness professional," "licensed fitness professional," "personal trainer," "licensed personal trainer," "group fitness instructor," or "licensed group fitness instructor" nor provide, present, call or represent himself as able to practice fitness training, personal training or group fitness instruction unless licensed in accordance with the provisions of this bill.

The bill provides that a person currently acting as a fitness professional may receive a license from the board provided that the applicant meets certain requirements and: has been engaged in practice as a fitness professional for compensation prior to the effective date of the bill; holds a current certificate from the National Board of Fitness Examiners, or any organization approved by the board, to practice as a fitness professional; and provides proof to the board that the individual is enrolled in an approved course of study of not less than 150 in-person classroom hours, as prescribed by the board, which course of study shall be completed no later than 18 months following the promulgation of regulations by the board.

Fitness professional licenses shall be issued for a period of two years and be biennially renewable, except that the board may, in order to stagger the expiration dates thereof, provide that those licenses first issued or renewed after the effective date of this bill shall expire or become void on a date fixed by the board, not sooner than six months nor later than 29 months after the date of issue.

The bill also provides that the provisions of the bill shall not apply to any person licensed by the State to practice: medicine and surgery; physical therapy; chiropractic; or athletic training if that person is acting within the scope of practice of his profession.

The bill also provides that the board shall require each fitness professional, as a condition for biennial license renewal, to complete 25 credit hours of continuing education requirements. In furtherance of that requirement, the board shall: establish standards for continuing education, including the subject matter and content of courses of study and the selection of instructors; approve educational programs offering continuing education credits; and approve other equivalent educational programs and establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs.