New Jersey Reference

New Jersey Administrative Code

Title 13

Law and Public Safety

Chapter 39A

SUBCHAPTER 1.
AGENCY ORGANIZATION AND ADMINISTRATION

13:39A-1.1 ELECTION OF OFFICERS
The membership of the State Board of Physical Therapy Examiners shall once each year elect a chairperson, vice chairperson and a secretary. The chairperson shall have the responsibility to conduct all meetings unless, in his or her discretion, a delegation of that responsibility is made. In the absence of the chairperson and an express delegation of responsibility, the vice chairperson shall assume all of the duties of chairperson. In the absence of the chairperson and vice chairperson, and in the absence of an express delegation of responsibility, the secretary shall assume all of the duties of the chairperson.

13:39A-1.2 DELEGATION OF AUTHORITY TO ACT ON EMERGENT APPLICATIONS
The chairperson shall be authorized to hear and decide emergent applications by the Attorney General made pursuant to N.J.S.A. 45:1-22 for the temporary suspension of any license. The chairperson may also undertake such other interim action as may be required by circumstances arising prior to the next meeting date of the Board, provided that said action is subsequently presented to the Board for its review and ratification. Any decision made by the chairperson pursuant to this section shall be placed on the agenda of the Board at its next regularly scheduled meeting for the purpose of its review and ratification. Insofar as it is practicable, the Board shall be provided with a transcript of the record made before the chairperson and the parties will be permitted to supplement the record with written submissions.

13:39A-1.3 FEES AND CHARGES

The following fees shall be charged by the State Board of Physical Therapy Examiners:
1. Application Fee for Licensed Physical Therapist and Licensed Physical Therapist
  Assistant: $125.00
2. Initial licensure fee, Licensed Physical Therapist:
  1. If paid during first year of biennial renewal period: $110.00
  2. If paid during second year of biennial renewal period: $55.00

Initial licensure fee, Licensed Physical Therapy Assistant

If paid during first year of biennial renewal period: $100.00
If paid during second year of biennial renewal period $50.00

Biennial renewal fee:
1. Licensed Physical Therapist $110.00
2. Licensed Physical Therapist Assistant $100.00
Late renewal fee: $100.00
Reinstatement fee $150.00
Temporary visiting license pursuant to N.J.S.A. 45:9-37.29(b) to practice on a temporary basis to assist in a medical emergency or to engage in a special project or teaching assignment $100.00
Duplicate certificate of registration $25.00
Duplicate wall license $40.00
Certification of licensure status $40.00
Change of name and/or address with new certificate of registration fee $25.00
Continuing education provider submission fee $100.00
Inactive license fee (to be established by Director by rule)
Compact privilege fee $40.00

13:39A-1.4 (RESERVED)

SUBCHAPTER 2.
PRACTICE AS A LICENSED PHYSICAL THERAPIST AND LICENSED
PHYSICAL THERAPIST ASSISTANT

13:39A-2.1 DEFINITIONS
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Clinically supported" means that a licensee, prior to selecting, performing or ordering the administration of a diagnostic test, has:

Personally performed a physical examination, making an assessment of any current and/or historical subjective complaints, observations, objective findings, neurological indications;
Considered any and all previously performed tests relating to the patient's medical condition and the results; and
Documented in the patient record positive and negative findings, observations and medical indications to justify the test.

"Diagnostic testing" means a medical service utilizing biomechanical, neurological, neurodiagnostic, radiological, vascular or any means, other than bioanalysis, intended to assist in establishing a physical therapy diagnosis, for the purpose of recommending a course of treatment for the tested patient to be performed consistent with the Physical Therapy Practice Act, N.J.S.A. 45:9-37.11 et seq., and this chapter.

"Direct supervision" means the presence of the supervising licensed physical therapist on site, available to respond to any consequence occurring during any treatment procedure.

"Disability" means the inability to engage in age specific, gender related, or sex specific roles in a particular social context and physical environment.

"Functional limitations" means restrictions of the ability to perform a physical action, activity or task in an efficient, typically expected or competent manner.

"General supervision" means supervision by a physical therapist in which the supervising physical therapist is available at all times by telecommunications but is not required to be on-site for direction and supervision. The supervising physical therapist shall assess, on an ongoing basis, the ability of the physical therapist assistant to perform the selected interventions as directed.

"Impairment" means the loss or abnormality of physiological, psychological, or anatomical structure or function.

"Physical therapy diagnosis" means a description placed on a group of signs and symptoms that are identified as a result of the examination and evaluative process. The purpose of the diagnostic determination is to allow the licensed physical therapist to select the appropriate physical therapy interventions) to initiate the most effective care for the purpose of achieving the patient's goals.

"Physical therapy evaluation" means a review exclusively by a licensed physical therapist based on data and information collected during the examination and before any intervention. The evaluation reflects the chronicity and severity of the current patient problem and the possibility of multisystem and multisite involvement that may coexist with preexisting systemic conditions or diseases. The evaluation considers the level of the current impairment(s), functional limitation(s) and disability(ies), the living environment, potential discharge destination(s) and social support(s). A "physical therapy evaluation" does not include examining any person for the purpose of diagnosing any disease or organic condition.

"Physical therapy examination" means an inquiry conducted by a licensed physical therapist into the patient history, relevant systems review, and tests and measurements, which is conducted prior to any intervention. The history is an account of past and current health status. The system review is an examination that provides information about the general health of the patient that helps the licensed physical therapist determine physical therapy diagnosis, a prognosis and a plan of care. Tests and measurements are performed by the licensed physical therapist after review of the patient's history and systems reviewed to elicit additional information.

"Physical therapy instruction" means the act of providing consultative, educational or advisory services to one or more individuals for the purpose of preventing or reducing physical dysfunction and disability that may lead to reduced functional abilities.

"Physical therapy and physical therapy practice" mean the identification of physical impairment or movement-related functional limitation, or balance disorder that occurs as a result of injury or congenital or acquired disability or other physical dysfunction through examination, evaluation and diagnosis of the physical impairment or movement-related functional limitation and the establishment of a prognosis, which includes the establishment of the plan of care and all interventions, for the resolution or amelioration thereof and treatment of the physical impairment or movement-related functional limitation, which shall include, but is not limited to, the alleviation of pain, physical impairment and movement-related functional limitation by physical therapy intervention, including treatment by means of:

Manual therapy techniques and massage;
Electro-therapeutic modalities;
Wound debridement and care pursuant to N.J.A.C. 13:39A-2.2A;
The use of physical agents, mechanical modalities, hydrotherapy, therapeutic exercises with or without assistive devices;
Neurodevelopmental procedures;
Joint mobilization;
Movement-related functional training in self-care;
Providing assistance in community and work integration or reintegration;
Providing training in techniques for the prevention of injury, impairment, movementrelated functional limitation, or dysfunction;
Providing consultative, educational, other advisory services; and
Collaboration with other health care providers in connection with patient care.

"Physical therapy and physical therapy practice" also includes the screening, examination, evaluation, and application of interventions for the promotion, improvement, and maintenance of fitness, health, wellness, and prevention services in populations of all ages exclusively related to physical therapy practice.

"Physical therapy intervention" means the interaction of the licensed physical therapist with the patient using various physical therapy procedures and techniques to produce changes in the condition consistent with the patient's dysfunction, disability, or level of function and consistent with the patient's projected outcome as a result of physical therapy intervention. When physical therapy instruction is provided to an individual as part of his or her therapeutic interventions, the instruction must be considered part of physical therapy intervention.

"Physical therapy prognosis" means the determination of the predicted level of optimal improvement that may be attained through intervention and the amount of time required to reach that level.

"Plan of care" means the specific physical therapy interventions to be used and their timing and frequency.

"Referral" means the forwarding of a patient for professional services by one health care professional to another health care professional or health care entity which provides or supplies professional service, or the request for establishment of a plan of care by a health care professional, including the provision of professional services or other health care devices.

"Wound debridement and care" means the removal of loosely adhered necrotic and noviable tissue by a physical therapist to promote healing, done in conjunction with a physician or podiatric physician as required by N.J.A.C. 13:39A-2.2A.

13:39A-2.2 AUTHORIZED PRACTICE BY A LICENSED PHYSICAL THERAPIST

A licensed physical therapist may engage in physical therapy and physical therapy practice.
The licensed physical therapist shall continually monitor the patient's response to care and modify the therapeutic intervention in a manner that is consistent with achieving the therapeutic goals.
A licensed physical therapist may bill a patient or third party payor for a diagnostic test in connection with a physical therapy evaluation provided:
1. The diagnostic testing is clinically supported and is specific to that individual patient's impairments, functional limitations, or disability;
2. The data sought to be gathered by such tests is relevant to the patient's impairments, functional limitations, and disability, and will provide sufficient information to assist in the development of appropriate interventions, objectives and goals;
3. The appropriate documentation of the analysis of the data acquired from the testing, relevant to the patient impairment, functional limitation and/or disability, is recorded in the patient's record; and
4. Any repeat or subsequent testing shall be for the purpose of substantiating the effectiveness of the physical therapy intervention. Testing intervals shall be determined by the licensed physical therapist and shall be consistent with the patient's diagnosis, disability and impairment.
A licensed physical therapist shall not bill a patient or third party for diagnostic testing that lacks demonstrated medical value and a level of general acceptance by the relevant provider community and which fails to provide sufficient clinical data to alter the plan of care.
The following acts and practices shall be among those deemed to be outside the scope of physical therapy and upon proof that a licensee is engaging in such conduct he or she may be subject to disciplinary action:
1. The conducting of a breast examination;
2. The conducting of a pelvic internal examination, except internal evaluation of the pelvic floor musculature;
3. The taking of radiological studies; or
4. The representation of physical therapy treatment to be a cure or remedy for disease or organic condition unrelated to physical disability for which physical therapy services have
  been sought.

13:39A-2.2A WOUND DEBRIDEMENT

A licensed physical therapist shall perform wound debridement only after communicating with the patient's licensed physician or licensed podiatric physician.
A licensed physical therapist shall maintain documentation of the communication required by (a) above as part of his or her patient records.

13:39A-2.3 AUTHORIZED ROLE OF A LICENSED PHYSICAL THERAPIST ASSISTANT

A licensed physical therapist assistant may initiate physical therapy treatment only at the direction of and under the direct or general supervision of a licensed physical therapist. A licensed physical therapist assistant shall not initiate physical therapy treatment upon the direction of a physician or other authorized health care provider without the direct or general supervision of a licensed physical therapist.
A licensed physical therapist assistant shall document treatments in the patient record. The supervising licensed physical therapist shall review and cosign contemporaneously the licensed physical therapist assistant's entries into the patient record.
The licensed physical therapist assistant may participate in collecting data for the examination of the patient; however, any interpretation of the data or assessment shall be made by the supervising licensed physical therapist.
A licensed physical therapist assistant shall not perform a physical therapy examination, evaluation, diagnosis or prognosis, develop a plan of care, modify a plan of care, or independently engage in physical therapy instruction.

13:39A-2.4 DELEGATION BY A LICENSED PHYSICAL THERAPIST TO UNLICENSED PERSONS

Licensed physical therapists may delegate the following to unlicensed persons:
1. Routine tasks relating to:
  1. The cleanliness and maintenance of equipment and the physical plant; and
  2. The management of the business aspects of the practice, including scheduling appointments and filling out insurance forms; and
2. Such other assignments with respect to patient care as may be specifically made by the licensed physical therapist, including
  1. Transporting the patient;
  2. Positioning of the patient; and
  3. Assisting with the undressing and dressing of the patient.
A licensed physical therapist shall not authorize or permit an unlicensed person to engage in the following activities:
1. Advise, teach, or instruct patients concerning their condition or disability;
2. Carry out testing or evaluation procedures;
3. Make any notations in documents regarding patient care or clinical treatment, which is not permitted by (a) above;
4. Place or remove electrodes of any kind on the skin;
5. Administer, apply, or remove any modalities;
6. Instruct, perform, oversee, or supervise therapeutic exercise(s) and/ or therapeutic activity(s); and
7. Provide therapeutic massage.

13:39A-2.5 REFERRAL OF PATIENTS AND CONSULTATION STANDARDS FOR LICENSED PHYSICAL THERAPISTS

A licensed physical therapist shall refer a patient to a health care professional licensed to practice dentistry, podiatry or medicine and surgery in this State, or other appropriate licensed health care professional:
1. When the licensed physical therapist during the examination, evaluation or intervention has reason to believe that physical therapy is contraindicated or symptoms or conditions are present that require services outside the scope of practice of the licensed physical therapist; or
2. When the patient has failed to demonstrate reasonable progress within 30 days of the date of the initial treatment.
Not more than 30 days from the date of initial treatment of functional limitation or pain, a licensed physical therapist shall inform the patient's licensed health care professional of record regarding the patient's plan of care. In the event there is no identified licensed health care professional of record, the licensed physical therapist shall recommend that the patient consult with a licensed health care professional of the patient's choice. In a school setting, the schedule of physical therapy services shall be reported to the child study team by the licensed physical therapist within 30 days of the date of initial treatment.
A violation of this section shall be deemed professional misconduct pursuant to N.J.A.C. 13:39A-3.8.

13:39A-2.6 PRACTICE PURSUANT TO PHYSICAL THERAPY LICENSURE COMPACT (COMPACT)

Pursuant to N.J.S.A. 45:9-37.34.h, a physical therapist or physical therapist assistant working in New Jersey based solely on Compact privilege, as opposed to licensure in this State, shall comply with all of the rules in this chapter, except N.J.A.C. 13:39A-5, 5A, and 9.
Notwithstanding (a) above, a physical therapist or physical therapist assistant with Compact privilege to practice in New Jersey shall successfully pass the State jurisprudence examination required pursuant to N.J.A.C. 13:39A-5.3, prior to commencing practice in New Jersey.
Prior to commencing practice in New Jersey, a physical therapist or physical therapist assistant with Compact privilege to practice in New Jersey shall pay the Compact privilege fee pursuant to N.J.A.C. 13:39A-1.3(a)13.

SUBCHAPTER 3.
BUSINESS PRACTICES; PROFESSIONAL CONDUCT

13:39A-3.1 PATIENT RECORDS

A licensed physical therapist shall prepare and maintain for each patient a contemporaneous, permanent patient record that accurately reflects the patient contact with the licensed physical therapist whether in an office, hospital or other treatment, evaluation or consultation setting.
A licensed physical therapist shall not falsify a patient's record.
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 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. Dates of all examinations, evaluations, physical therapy diagnoses, prognoses including the established plans of care, and interventions;
3. The findings of the examination including test results;
4. The conclusion of the evaluation;
5. The determination of the physical therapy diagnosis and prognosis;
6. Documentation of health care practitioner referrals, if any;
7. A plan of care establishing measurable goals of the intervention with stated time frames, the type of intervention, and the frequency and expected duration of intervention;
8. A note contemporaneous with each session, with the license number and signature or initials of the licensee who rendered care, that accurately represents the services rendered during the treatment sessions including, but not limited to, the components of intervention, the patient's response to intervention and current status. If the licensee chooses to sign by means of initials, his or her complete signature and license number shall appear at least once on every page;
9. Home exercise programs, if provided to the patient;
10. Progress notes in accordance with stated goals at a frequency consistent with physical therapy diagnosis, evaluative findings, prognosis and changes in the patient's conditions;
11. Changes in the plan of care which shall be documented contemporaneously;
12. Communication with other health professionals relative to the patient's care;
13. A discharge summary which includes the reason for discharge from and outcome of physical therapy intervention relative to established goals at the time of discharge; and
14. Pertinent legal document(s).
When a licensed physical therapist provides training in techniques for the prevention of injury, impairment, movement-related functional limitation or dysfunction that is not specifically designed for an individual, the licensed physical therapist shall not be required to maintain records that comply with (c) above. A licensed physical therapist that provides such training shall maintain records that include:
1. The name and license number of the licensed physical therapist who provided the training;
2. The date the training was provided;
3. A summarization of the information that was provided; and
4. Copies of any handouts provided.
Patient records shall be maintained for at least seven years from the date of the last entry, unless another agency or entity requires the records to be kept for a longer time.

13:39A-3.2 USE OF PERSONAL OR OTHER COMPUTER TO PREPARE PATIENT RECORDS

A licensee who prepares a patient record maintained solely on a personal or other computer shall use a write-protected program which:
1. Contains an internal permanently activated date and time recordation for all entries;
2. Automatically prepares a back-up copy of the file; and
3. Is designed in such manner that, after the licensee "signs" by means of a confidential personal code ("CPC"), the entry cannot be changed in any manner.
The licensee shall include in the patient record at least two forms of identification; for example, name and record number of the patient or any other specific identifying information.
The licensee shall finalize or "sign" the entry by means of a CPC. Where more than one individual is authorized to make entries into the computer file of any patient record, the licensee responsible for the entity shall assure that each such person obtains a CPC and uses the program in the same manner.
The licensee shall generate a hard copy of the complete patient record, or a portion thereof, upon request.
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.
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.

13:39A-3.3 RELEASE OF PATIENT RECORD

A licensed physical therapist shall provide one copy of the patient's record of physical therapy treatment within 15 days of a written request by the patient or any person whom the patient has designated to receive that record.
Licensed physical therapists may require a record request to be in writing and may charge a fee for the reproduction of records, which shall be no greater than $1.00 per page or $100.00 for the entire record, whichever is less. (If the record requested is less than 10 pages, the licensee may charge up to $10.00 to cover postage and the miscellaneous costs associated with retrieval of the record.) If the patient requests a summary in lieu of the actual record, the charge for the summary shall not exceed the cost that would be charged for the actual record.
If the patient or a subsequent treating health care professional is unable to read the treatment record, either because it is illegible or prepared in a language other than English, the licensed physical therapist shall provide a transcription at no cost to the patient or the person requesting the record.
Where the patient has requested the release of a professional treatment record or a portion thereof to a specified individual or entity, in order to protect the confidentiality of the records, the licensed physical therapist shall:
1. Secure and maintain a current written authorization, bearing the signature of the patient or an authorized representative;
2. Assure that the scope of the release is consistent with the request;
3. Forward the records to the attention of the specific individual or entity identified and mark the material "Confidential."
A licensed physical therapist shall not withhold or delay providing a record because the patient failed to pay for services rendered.

13:39A-3.4 FINANCIAL ARRANGEMENTS WITH CLIENTS AND THIRD PARTY PAYORS

Fees for physical therapy services shall be reasonable and commensurate with fees of licensed physical therapists offering like services or intervention in the geographic area and shall be in accordance with the provisions of N.J.A.C. 13:39A-3.6 prohibiting excessive fees.
Prior to the initiation of physical therapy, the licensed physical therapist or the licensed physical therapist's designee shall, in an understandable manner, provide, in writing, the financial arrangements prior to initiation of treatment. The licensed physical therapist or licensed physical therapist's designee shall have the patient sign a copy of the written financial arrangements and maintain the signed copy as part of the patient's record. The information provided to the patient shall include, but not be limited to:
1. The fee for services or the basis for determining the fee to be charged;
2. Whether the licensee will accept installment payments or assignment of benefits from a third party payor;
3. That insurance coverage may not be available in all circumstances; and
4. The financial consequences, if any, of missed sessions.
A licensed physical therapist shall not require a patient or a third party payor to pay:
1. A fee for preparing an insurance claim form;
2. Interest on an unpaid account unless the patient has been notified of this policy, in writing, prior to the initiation of physical therapy treatment;
3. A full or partial fee for unkept appointments unless the patient has been notified of this policy, in writing, prior to the initiation of physical therapy treatment;
4. A fee for any physical therapy examination, evaluation, intervention or other services not documented in a patient's permanent record in a manner consistent with N.J.A.C. 13:39A-3.1(a); or
5. A fee for any free services offered pursuant to N.J.A.C. 13:39A-7.2.
A licensed physical therapist shall provide a copy of a written fee schedule to any interested person upon request.
A licensed physical therapist shall include on all bills submitted to a patient or third party payor the licensee's license number.

13:39A-3.5 DISPLAY OF NOTICE OF LICENSURE; NOTIFICATION OF AVAILABILITY OF FEE INFORMATION

Every licensee shall conspicuously display his or her original, current certificate of registration and the following notices in a public area in all offices and health care facilities at which the13:39A-5.10 licensee practices physical therapy:
1. "Physical therapists and physical therapist assistants are licensed by the State Board of Physical Therapy Examiners, an agency of the Division of Consumer Affairs. Any member of the public may notify the Board of any complaint relative to the practice conducted by a physical therapist or physical therapist assistant. The Board address is: Division of Consumer Affairs, State Board of Physical Therapy Examiners, Post Office Box 45014, 124 Halsey Street, Newark, New Jersey 07101, Tel: (973) 504-6455."
2. "INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU ON REQUEST."
In addition to the requirements of (a) above, a licensee shall conspicuously display the following notice in a public area in all offices and health care facilities at which the licensee practices physical therapy: "A physical therapist or a physical therapist assistant is required to show a patient his or her license upon request."
A licensee shall either:
1. Maintain his or her original or duplicate biennial registration in all offices and health care facilities at which the licensee practices physical therapy; or
2. Have his or her original or duplicate biennial registration in his or her possession while providing physical therapy services.
A licensee shall provide his or her name, professional designation, and license number to any patient upon request.

13:39A-3.6 PROHIBITION ON EXCESSIVE FEES; OVERUTILIZATION

A licensee shall not charge an excessive fee for services. A price is excessive when, after review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the price is so high as to be manifestly unconscionable or overreaching under the circumstances.
Factors which may be considered in determining whether a price is excessive include, but are not limited to, the following:
1. The time and effort required;
2. The novelty and difficulty of the professional intervention;
3. The skill required to perform the intervention properly;
4. Any requirements or conditions imposed by the patient or by the circumstances;
5. The nature and length of the professional relationship with the patient;
6. The nature and circumstances under which the services were provided (for example, emergency, home visit).
A licensed physical therapist shall not provide intervention or conduct testing which in light of the patient's history and findings are unwarranted and unnecessary.
A licensed physical therapist shall not charge a fee to a patient or a third party payor for an intervention or other physical therapy which is unwarranted and unnecessary.
Charging an excessive fee shall constitute professional misconduct within the meaning of N.J.S.A. 45:1-21(e) and may subject the licensee to disciplinary action.

13:39A-3.7 NOTIFICATION OF CHANGE OF ADDRESS; SERVICE OF PROCESS

All licensees shall notify the Board, in writing, within 30 days of any change in the address on file with the Board and shall specify whether the address is a residence or employment address.
Service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division of Consumer Affairs at the address on file with the Board shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.
All licensees shall, within 30 days of receiving a notice of disciplinary action taken against the licensee in another jurisdiction, report to the Board in writing his or her receipt of such notification.

13:39A-3.8 VIOLATIVE ACTS; PROFESSIONAL MISCONDUCT

The following acts or practices shall be among those deemed to be violative of N.J.S.A. 45:9-37.11 et seq. and to constitute professional misconduct pursuant to N.J.S.A. 45:1-21.e:
1. Accepting, or agreeing to accept, from any person, firm or corporation any fee, commission, rebate, gift or other form of remuneration for prescribing, ordering or promoting the sale of a device, appliance or other item or service; except that nothing in this section shall preclude a licensed physical therapist from accepting a product or commodity which can be used as a sample by patients, provided that the licensed physical therapist does not charge the patient for such items;
2. Charging any patient a fee for making a referral to a physician or other health care professional authorized to direct the initiation of physical therapy, for the purpose of obtaining clearance for physical therapy. Nothing in this section shall preclude a licensed physical therapist from charging a patient for a physical therapy examination and evaluation conducted prior to referral;
3. Using, or permitting the use of, his or her professional education degree, title, or license in connection with the rendition of services which are outside the scope of physical therapy practice;
4. Representing services as therapeutic, or permitting the representation of services as therapeutic, when, although the services are within the licensee's scope of practice, no therapeutic outcome is expected;
5. Rendering an intervention when, in the exercise of his or her professional judgment, the licensed physical therapist may deem such intervention to be unnecessary. When appropriate, the licensed physical therapist shall notify the referring professional in writing that the intervention is to be terminated and the reason(s) for such termination;
6. Aiding or abetting the unlicensed practice of physical therapy;
7. Falsifying or altering any patient records for the purpose of obtaining payment for services which were not rendered;
8. Authorizing the submission of any bill for professional services which were not rendered, or which were rendered only for the purpose of obtaining additional reimbursement;
9. Failure by a licensed physical therapist to assure that any bills for services rendered under his or her professional license accurately represents the services rendered and that charges submitted for services rendered by a licensed physical therapist or licensed physical therapist assistant are based solely upon the services reflected in the patient record;
10. Failure to produce a hard copy of a complete patient record upon request; or
11. Failure to refer a patient to another licensed health care professional as required by N.J.A.C. 13:39A-2.5.

13:39A-3.9 IDENTIFICATION OF LICENSEES
All licensees shall conspicuously wear a name tag using the term "physical therapist" or "physical therapist assistant," as appropriate, whenever acting in that capacity. The letters on the tag shall be at least one-quarter inch in size.

13:39A-3.10 SEXUAL MISCONDUCT

The purpose of this section is to identify for licensees of the State Board of Physical Therapy Examiners conduct which shall be deemed sexual misconduct.
As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:

"Licensee" means any person licensed to engage in practice as a physical therapist or physical therapist assistant as regulated by the State Board of Physical Therapy Examiners.

"Patient" means any person who is the recipient of physical therapy examination, evaluation, instruction or treatment rendered by a licensee.

"Patient-therapist relationship" means a relationship between a licensed physical therapist or a licensed physical therapist assistant and a patient wherein the licensee owes a continuing duty to the patient to render physical therapy services consistent with his or her training and experience.

"Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the patient's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or patient's body into or near the genital, anal or other opening of the other person's body. "Sexual contact" does not nclude the touching of a patient's body which is necessary during the performance of a generally accepted and recognized physical therapy procedure.

"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of physical therapy services, and that either: is unwelcome, is offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a patient, co-worker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee.

"Spouse" means the husband, wife or fiancee of the licensee or an individual involved in
a long-term committed relationship with the licensee. For purposes of the definition of
"spouse," a long-term committed relationship means a relationship which is at least six
months in duration.

A licensee shall not engage in sexual contact with a patient with whom he or she has a patient-therapist relationship. The patient-therapist relationship is ongoing for purposes of this section, unless:
1. Physical therapy is terminated by way of written notice to the patient and is documented in the patient record; and
2. The last physical therapy provided by that licensee was rendered more than three months ago.
A licensee shall not seek or solicit sexual contact with a patient with whom he or she has a patient-therapist relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.
A licensee shall not engage in any discussion of an intimate sexual nature with a patient, unless that discussion is directly related to a proper physical therapy purpose. Such discussion shall not include disclosure by the licensee of his or her own sexual relationships.
A licensee shall provide privacy and examination conditions which prevent the exposure of the unclothed body of the patient. Appropriate draping measures shall be employed to protect patient privacy.
A licensee shall not engage in sexual harassment either within or outside of the professional setting.
A licensee shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or which is for the sexual arousal, or sexual gratification of the licensee or patient or which constitutes an act of sexual abuse.
Violation of any of the prohibitions or directives set forth in (c) through (h) above shall constitute professional misconduct pursuant to N.J.S.A. 45:1-21 (e).
Nothing in this section shall be construed to prevent a licensee from rendering physical therapy to a spouse, providing that the rendering of such physical therapy is consistent with
accepted standards of physical therapy and that the performance of physical therapy is not
utilized to exploit the patient spouse for the sexual arousal or sexual gratification of the
licensee.
It shall not be a defense to any action under this section that:
1. The patient solicited or consented to sexual contact with the licensee; or
2. The licensee is in love with or held affection for the patient.

SUBCHAPTER 4.
UNLICENSED PRACTICE

13:39A-4.1 ACTS AMOUNTING TO UNLICENSED PRACTICE

For the purpose of the Board's construction of N.J.S.A. 45:9-37.10, the following acts or practices shall be deemed to be the unlicensed practice of physical therapy:
1. Offering physical therapy examination, evaluation, instruction or intervention by means of advertisement or solicitation by any person who does not hold a license as a physical therapist, a physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D. (to the extent authorized by N.J.S.A. 45:5-7), even if that person has been instructed or directed to offer that treatment or render that treatment by a licensed physical therapist, licensed physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D.;
2. The use of the words physical therapy, physical therapist, physiotherapy, physiotherapist or such similar words or their related abbreviations in connection with the offering of physical therapy agents, measures and services which are utilized in the rendition of physical therapy intervention by any person who does not hold a license as a physical therapist, a physical therapist assistant, an M.D., D.O., D.P.M., D.D.S. or D.M.D. even if that person has been instructed or directed to use such terminology by a licensed physical therapist, licensed physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D.;
3. Billing any patient or third party payor for "physical therapy" or "physiotherapy" in connection with the use of physical therapy agents, measures or services, if the individual who personally rendered the services does not hold a license to practice physical therapy, medicine, surgery, dentistry or podiatry; or
4. Offering physical therapy agents, measures or services by means of advertisement or solicitation by a limited licensee of the Board of Medical Examiners unless the context of such offering or advertisement reveals that such services are directly related to the practice authorized by the Board of Medical Examiners and the wording of the offering would not lead members of the general public to assume that the advertiser is authorized to practice physical therapy or physiotherapy without limitation.

13:39A-4.2 AIDING AND ABETTING UNLICENSED PRACTICE
It shall be unlawful for a licensee to aid or assist any unlicensed person engaging in any of the practices identified at N.J.A.C. 13:39A-4.1.

13:39A-4.3 LICENSE REQUIREMENTS AND EXEMPTIONS

No person shall practice physical therapy or act as a physical therapist or physical therapist assistant, unless the person holds a license from the Board or is exempt from licensing requirements pursuant to (b) below.
A person shall be exempt from the licensure requirement of (a) above, if he or she is:
1. A student enrolled in a school or post-graduate course of physical therapy or in a course of study for training as a physical therapist assistant that is approved or recognized by the Board and is performing physical therapy or acting as a physical therapist assistant as part of his or course of study or as part of a pro bono community-based service project under the supervision of a physical therapist licensed by the Board;
2. Licensed to practice in New Jersey and is engaging in the practice for which he or she is licensed and he or she does not represent himself or herself as a physical therapist or physical therapist assistant;
3. Employed by an agency, bureau, or division of the Federal government and is practicing physical therapy within the scope of his or her official duties;
4. Licensed as a physical therapist in another jurisdiction of the United States or credentialed to practice physical therapy in another country and he or she is teaching, demonstrating, or providing physical therapy services in connection with teaching or participating in an educational seminar for no more than 30 days in a calendar year, or he or she is licensed or certified as a physical therapist assistant in a jurisdiction of the United States and is assisting such a physical therapist;
5. Licensed as a physical therapist in a jurisdiction of the United States or credentialed in another country and he or she, by contract or employment, is providing physical therapy to patients affiliated with, or employed by, established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the State for no more than 30 days in a calendar year, or he or she is licensed or certified as a physical therapist assistant in a jurisdiction of the United States and is assisting such a physical therapist;
6. Licensed as a physical therapist in another jurisdiction of the United States and he or she is providing physical therapy in New Jersey during a declared local, State, or national disaster or emergency, for no longer than 30 days following the declaration of the emergency, and he or she has notified the Board of his or her intent to practice, or he or she is licensed or certified physical therapist assistant in a jurisdiction of the United States and is assisting such a physical therapist;
7. Licensed as a physical therapist in another jurisdiction of the United State and is forced to leave his or her residence or place of employment due to a declared local, State, or national disaster or emergency and, due to such displacement, he or she seeks to practice physical therapy, for no more than 30 days following the declaration of the emergency, and he or she has notified the Board of his or her intent to practice; or
8. Licensed to practice medicine and surgery in New Jersey and is rendering a utilization management decision that limits, restricts, or curtails a course of physical therapy care.

SUBCHAPTER 5.
CREDENTIALING OF APPLICANTS

13:39A-5.1 LICENSING REQUIREMENTS FOR A PHYSICAL THERAPIST

To be eligible for licensure as a physical therapist in New Jersey, an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character;
3. Have completed a program in physical therapy from an accredited college or university physical therapy program approved for the education and training of physical therapists by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education;
4. Possess a minimum of a master's degree in physical therapy from an accredited college or university except for an applicant who prior to January 1, 2003, graduated from an accredited physical therapy program and possessed a minimum of a bachelor's degree in physical therapy or a bachelor's degree and a certificate in physical therapy from an accredited college or university;
5. Have completed all clinical education requirements necessary for graduation from a physical therapy program approved for the education and training of physical therapists by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education; and
6. Have successfully completed the written examination as set forth in N.J.A.C. 13:39A-5.3.
In addition to meeting the requirements of (a)1 and 2 above, an applicant for licensure who is a graduate of a foreign school of physical therapy shall:
1. Furnish evidence to the Board that the applicant has completed a course of study in physical therapy which is substantially equivalent to that provided in a physical therapy program approved for the education and training of physical therapists by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education;
2. Be a graduate of a college or university which is recognized by that country's Ministry of Education/Health for the education of physical therapists;
3. Pass a test of English competency as set forth in N.J.A.C. 13:39A-5.7; and
4. Successfully complete a written examination as set forth in N.J.A.C. 13:39A-5.3.
Proof of eligibility for licensure in the foreign country where the requisite education was obtained shall be submitted to the Board by the credentialing agency on behalf of all foreign educated applicants seeking licensure in this State.

13:39A-5.2 LICENSING REQUIREMENTS FOR A PHYSICAL THERAPIST ASSISTANT

To be eligible for licensure as a physical therapist assistant in New Jersey an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character;
3. Have completed at least an Associate in Arts degree from an accredited college or university;
4. Have completed a two-year physical therapist assistant program from an accredited college or university approved for the education and training of physical therapist assistants by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education;
5. Have completed all clinical education requirements necessary for graduation from a physical therapist assistant program approved for the education and training of physical therapist assistants by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education; and
6. Have successfully completed the written examination as set forth in N.J.A.C. 13:39A-5.3.

13:39A-5.2A ABANDONMENT OF APPLICATION FOR LICENSURE

An application for a license submitted to the Board will be deemed abandoned if:
1. The individual applying for the license has not submitted to the Board all the information and documentation required to obtain a license pursuant to N.J.A.C. 13:39A-5.1, 5.2, or 5.5; and
2. One year has elapsed since the last notice to the applicant was sent by the Board informing him or her that the Board had not received all of the information and documentation required for licensure.
If an application for licensure is deemed abandoned pursuant to (a) above, the Board shall administratively close the application without notice to the applicant and shall dispose of any information or documentation submitted by the applicant pursuant to the Division of Consumer Affairs' record retention plan.
An individual whose application for licensure has been administratively closed by the Board pursuant to (a) above may reapply for licensure pursuant to N.J.A.C. 13:39A-5.1, 5.2, or 5.5.

13:39A-5.3 EXAMINATION STANDARDS FOR APPLICANTS FOR LICENSURE AS PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS

Applicants for licensure as physical therapists and physical therapist assistants submitting satisfactory proof of educational credentials as set forth in N.J.A.C. 13:39A-5.1 and 5.2, respectively, shall be approved to take the National Physical Therapy Examination for Physical Therapists or for Physical Therapist Assistants, administered by the Federation of State Boards of Physical Therapy and the State jurisprudence examination.
Upon satisfactory passage of the National Physical Therapy Examination for Physical Therapists or for Physical Therapist Assistants and the State jurisprudence examination, an applicant shall be deemed eligible for licensure provided the applicant meets all other requirements for licensure.
Passing examination scores shall be as follows:
1. National Physical Therapy Examination for Physical Therapists or for Physical Therapist Assistants: 600 based on a scale of 200 to 800.
2. State jurisprudence examination: 80.
An applicant who does not pass the National Physical Therapy Examination for Physical Therapists or for Physical Therapist Assistants within two years from the date of taking the initial examination shall update his or her application for licensure filed with the Board.

13:39A-5.4 (RESERVED)

13:39A-5.5 LICENSURE BY RECIPROCITY

Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:
1. The Board determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;
2. The applicant has been practicing as a licensed physical therapist or licensed physical therapist assistant for a period of at least one year within the five years prior to the date of application; and
3. The requirements of (b) below are satisfied.
Prior to the issuance of the license, the Board shall have received:
1. Documentation that the applicant's license in the other state is in good standing;
2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police does not disclose a conviction for a disqualifying crime; and
3. Designation of an agent in New Jersey for service of process if the applicant is not a New Jersey resident and does not have an office in New Jersey.
For purposes of this section, "good standing" means that:
1. No action has been taken against the applicant's license by any licensing board;
2. No action adversely affecting the applicant's privileges to practice physical therapy has been taken by any out-of-State institution, organization, or employer;
3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice physical therapy; and
4. All fines levied by any out-of-State board have been paid.
For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.
The Board, after the licensed physical therapist or licensed physical therapist assistant has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.
An applicant shall successfully complete the online jurisprudence assessment module.
The Board may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement of (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest does not demonstrate a serious inability to practice physical therapy, adversely affect the public health, safety, or welfare, or result in economic or physical harm to a person, or create a significant threat of such harm.

13:39A-5.6 RECOGNITION OF SCORES ON STANDARDIZED EXAMINATIONS ADMINISTERED IN OTHER STATES
The Board will recognize standardized examination scores obtained as a result of an examination administered in another state or jurisdiction in satisfaction of its examination requirement provided that the applicant has obtained a score of at least 600 on a scale of 200 to 800 and has passed all portions of the examination at the same sitting.

13:39A-5.7 LANGUAGE COMPREHENSION REQUIREMENTS

An applicant for licensure as a physical therapist or a physical therapist assistant who has received his or her physical therapy training in a country other than the United States of America, the United Kingdom, the Republic of Ireland, Canada except Quebec Province, Australia, or New Zealand shall submit to the Board evidence of attainment of a passing score on the Test of English as a Foreign Language (TOEFL) examination or Test of English as a Foreign Language Internet Based Test (TOEFL IBT) examination, which test shall have been taken within the two years immediately preceding the filing of the application for licensure in New Jersey.
A passing score on the TOEFL examination shall be the same as that established by the Federation of State Boards of Physical Therapy.
The TOEFL examination score shall be submitted with the application for licensure.

13:39A-5.8 RE-EXAMINATION OF APPLICANTS FOR LICENSURE AS PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS
An examinee who fails the examination on the first attempt, may retake the examination without filing another application, provided the examinee is rescheduled for the examination within two years of the initial date of application. If any examinee fails the examination on the second attempt, in the Board's discretion, the examinee may be required to re-submit an application before being rescheduled for another examination.

13:39A-5.9 NON-APPEARANCE AT EXAMINATION
Failure to appear at any scheduled examination shall be deemed a failure of the examination unless, in the Board's discretion, good cause such as health, accident, disability or military service has been shown for the applicant's failure to appear.

13:39A-5.10 CREDIT TOWARDS LICENSURE FOR EDUCATION, TRAINING, AND EXPERIENCE RECEIVED WHILE SERVING AS A MEMBER OF THE ARMED FORCES

An applicant for a license as a physical therapist assistant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:39A -5.2 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
The Board shall issue a physical therapist assistant license to the applicant, if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, education, and experience the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, education, and experience required for licensure under N.J.A.C. 13:39A-5.2.
  1. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
  2. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the program required for licensure or certification under N.J.A.C. 13:39A-5.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the physical therapist assistant practice that have been evaluated by the American Council on Education for substantial equivalence to civilian physical therapy education; and
3. The applicant complies with all other requirements for licensure, including successful completion of the National Physical Therapy Examination for Physical Therapists and Physical Therapist Assistants and the State jurisprudence examination.
It is the applicant's responsibility to provide timely and complete evidence of the training, education, and experience gained in the military for review and consideration.
If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure as a physical therapist assistant, the Board shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C.13:39A-5.2 for the issuance of the physical therapist assistant license.
Satisfactory evidence of such training, education, and experience will be assessed on a case-by-case basis.

SUBCHAPTER 5A.
LICENSE RENEWAL

13:39A-5A.1 BIENNIAL LICENSE RENEWAL; INACTIVE STATUS

The Board shall send a notice of renewal to each licensed physical therapist or licensed physical therapist assistant at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensed physical therapist or licensed physical therapist assistant of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
A licensed physical therapist or licensed physical therapist assistant shall renew his or her license for a period of two years from the last expiration date. The licensed physical therapist or licensed physical therapist assistant shall submit a renewal application to the Board, along with the renewal fee set forth at N.J.A.C. 13:39A-1.3, prior to the date of license expiration.
A licensed physical therapist or licensed physical therapist assistant may renew his or her license by choosing inactive status. A licensed physical therapist or licensed physical therapist assistant electing to renew as inactive shall not engage in the practice of physical therapy, or hold himself or herself out as eligible to engage in the practice of physical therapy in New Jersey, until such time as the license is returned to active status.
If a licensed physical therapist or licensed physical therapist assistant does not renew the license prior to its expiration date, the licensed physical therapist or licensed physical therapist assistant may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth at N.J.A.C. 13:39A-1.3. During this 30-day period, the license shall be valid and the licensed physical therapist or licensed physical therapist assistant shall not be deemed practicing without a license.
A licensed physical therapist or licensed physical therapist assistant who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
A licensed physical therapist or licensed physical therapist assistant who continues to engage in the practice of physical therapy with a suspended license shall be deemed to be engaging in the unlicensed practice of physical therapy and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:39A-5A.2 LICENSE REACTIVATION

A licensed physical therapist or licensed physical therapist assistant who holds an inactive license pursuant to N.J.A.C. 13:39A-5A.1(c) may apply to the Board for reactivation of an inactive license. A licensed physical therapist or licensed physical therapist assistant seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period the license was inactive that includes the name, address, and telephone number of each employer;
3. The renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:39A-1.3; and
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:39A-9.2.
An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of physical therapy and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above shall apply.
To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Board will allow applicants to take the courses within 12 months following reactivation.
If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reactivation of licensure, to take, and successfully complete, education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board may consider the following:
1. Length of time license was inactive;
2. Employment history;
3. Professional history;
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
6. Pending proceedings against a professional or occupational license issued to the licensed physical therapist or licensed physical therapist assistant by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
7. Civil litigation related to the practice of physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:39A-5A.3 REINSTATEMENT OF SUSPENDED LICENSE

A licensed physical therapist or licensed physical therapist assistant who has had his or her license suspended pursuant to N.J.A.C. 13:39A-5A.1(e) may apply to the Board for reinstatement. A licensed physical therapist or licensed physical therapist assistant applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license that includes the name, address, and telephone number of each employer;
3. The renewal fee set forth at N.J.A.C. 13:39A-1.3 for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth at N.J.A.C. 13:39A-1.3; and
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:39A-9.2.
An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of physical therapy and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any continuing education requirements, the requirements of (a)6 above apply.
To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial/triennial period for which reinstatement is sought, the Board will allow applicants to take the courses within 12 months following reinstatement.
If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reinstatement of licensure, to take, and successfully complete, education or training, or to submit to supervision, monitoring, or limitations, as the Board determines necessary to assure that the applicant practices with reasonable skill and safety. The Board may restore the license subject to the applicant's completion of training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board may consider the following:
1. Length of time license was suspended;
2. Employment history;
3. Professional history;
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational board;
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
6. Pending proceedings against a professional or occupational license issued to the licensed physical therapist or licensed physical therapist assistant by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
7. Civil litigation related to the practice of physical therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

SUBCHAPTER 6.
TEMPORARY LICENSES FOR VISITING PHYSICAL THERAPISTS AND
PHYSICAL THERAPIST ASSISTANTS

13:39A-6.1 TEMPORARY VISITING LICENSED PHYSICAL THERAPISTS AND TEMPORARY VISITING LICENSED PHYSICAL THERAPIST ASSISTANTS

Any person having made application to the Board pursuant to N.J.S.A. 45:9-37.29.b for the issuance of a temporary license to practice as a physical therapist or physical therapist assistant in this State on a temporary basis to assist in a medical emergency, in an American Physical Therapy Association approved residency or fellowship, or to engage in a special project or teaching assignment relating to the practice of physical therapy, may be issued a temporary visiting license without examination, which shall remain valid for a period not to exceed one year, provided that said person can demonstrate to the Board that he or she is licensed, registered, or otherwise authorized to engage in the practice of physical therapy in another state or jurisdiction and that permitting his or her practice in this State would not be inconsistent with the public interest.
A temporary visiting license, upon its expiration, may be renewed, at the discretion of the Board, for an additional year. Any holder of a temporary visiting license shall advise the Board if his or her authority to engage in the practice of physical therapy is revoked, suspended or otherwise limited by any state, agency or authority.

13:39A-6.2 RESPONSIBILITIES OF A TEMPORARY VISITING LICENSED PHYSICAL THERAPIST ASSISTANT

A temporary visiting licensed physical therapist assistant shall not render care unless the temporary visiting license holder receives direct supervision from his or her designated supervising licensed physical therapist.
A temporary visiting licensed physical therapist assistant shall obtain the signature of the supervising licensed physical therapist indicating that the supervising licensed physical therapist reviewed the plan of care with the temporary visiting licensed physical therapist assistant and the date when that review took place. The supervising licensed physical therapist's signature in the patient record shall serve as evidence that the plan of care has been reviewed with the temporary visiting licensed physical therapist assistant by the supervising licensed physical therapist.
At least once every 30 days after the initial review of a new or revised plan of care with the supervising licensed physical therapist, the temporary visiting licensed physical therapist assistant shall document in the patient record that the patient's progress and plan of care has been reviewed with the supervising licensed physical therapist, including the dates when those reviews took place. Such documentation may be incorporated into progress notes or treatment notes written by the supervising licensed physical therapist and the temporary visiting licensed physical therapist assistant and does not require separate or additional notes.

13:39A-6.3 (RESERVED)

13:39A-6.4 (RESERVED)

SUBCHAPTER 7.
SUPERVISION OF LICENSED PHYSICAL THERAPIST ASSISTANTS

13:39A-7.1 SUPERVISION REQUIREMENT; LICENSED PHYSICAL THERAPIST ASSISTANT

A licensed physical therapist assistant shall work only under the direct or general supervision of a licensed physical therapist pursuant to the provisions of this subchapter.
The maximum licensed physical therapist to licensed physical therapist assistant ratio shall be one licensed physical therapist to two licensed physical therapist assistants at any one time.
The supervising licensed physical therapist shall retain responsibility for the physical therapy care of the patient being treated by the licensed physical therapist assistant. The licensed physical therapist assistant shall be responsible for patient care within the limits of his or her scope of practice.
In the event of a change of the supervising licensed physical therapist, the subsequent supervisor shall assume responsibility for the ongoing supervision of any licensed physical therapist assistant(s) providing care to the patient and shall become the designated supervisor.
In an emergency situation which causes the unanticipated absence of the supervising licensed physical therapist, a licensed physical therapist assistant may continue to render services to only those patients for which the licensed physical therapist assistant has previously participated in the intervention for established plans of care not to exceed the regularly scheduled operational hours of that particular day.
Every effort shall be made by the licensed physical therapist and/or the licensed physical therapist assistant to obtain direct supervision in the care described in (e) above.
A licensed physical therapist shall not provide general supervision of a licensed physical therapist assistant until the licensed physical therapist has practiced, either in New Jersey or in another state, for at least one year. A licensed physical therapist shall ensure that a licensed physical therapist assistant has worked, either in New Jersey or in another state, for at least one year prior to providing general supervision of that licensed physical therapist assistant.

13:39A-7.2 RESPONSIBILITIES OF DESIGNATED LICENSED PHYSICAL THERAPIST

When providing direct supervision, a supervising licensed physical therapist supervisor shall be in the same building or, where physical therapy is rendered in several contiguous buildings, in one of the contiguous buildings, while the licensed physical therapist assistant is rendering care. The supervising licensed physical therapist supervisor shall be constantly available through electronic communications for consultation or for recall to the area where the licensed physical therapist assistant is rendering care.
When providing direct supervision, a supervising licensed physical therapist shall, at least once every 30 days after initial review of a new or revised plan of care with the licensed physical therapist assistant, document in the patient record that he or she has reviewed the patient's progress and plan of care with the assistant, including the dates when those reviews took place. Such documentation may be incorporated into progress notes written by the licensed physical therapist or the licensed physical therapist assistant and need not require separate or additional notes.
When providing general supervision, a licensed physical therapist shall:
1. Make an on-site visit and participate in the treatment of the patient at least every six patient visits or every 14 days, whichever occurs first. During this on-site visit, the licensed physical therapist shall review the plan of care in order to determine the need for revisions to the plan or for the completion of the episode of care;
2. In addition to the on-site visits required by (c)1 above, a licensed physical therapist shall make an on-site visit:
  1. If the licensed physical therapist assistant requests a reexamination of the patient;
  2. If a change in the plan of care is needed;
  3. Prior to the planned completion of an episode of care; and
  4. When the patient's medical status has changed;
3. Be accessible by telecommunications to the licensed physical therapist assistant at all times while the physical therapist assistant is treating patients; and
4. Meet or communicate with the licensed physical therapist assistant regarding patients, as frequently as the licensed physical therapist determines is necessary based on the needs of the patient and of the licensed physical therapist assistant. Such meeting or communication shall be documented in the patient's record.
The supervising licensed physical therapist's professional judgment shall ultimately determine the safe provision of physical therapy services being rendered by the licensed physical therapist assistant(s).
The supervising licensed physical therapist shall cosign the licensed physical therapist assistant's notes prior to the next provision of physical therapy services to that patient. If patient records are maintained on a computer recordkeeping system that does not permit a supervising licensed physical therapist to cosign a licensed physical therapist assistant's notes, the supervising licensed physical therapist shall enter a separate note in the patient record indicating that he or she has reviewed the licensed physical therapist assistant's notes.
The supervising licensed physical therapist shall review the plan of care with the licensed physical therapist assistant:
1. Before a licensed physical therapist assistant provides care to a patient for the first time;
2. Before the licensed physical therapist assistant implements a new or revised plan of care; and
3. On or before the patient's next visit in the event of a change in supervising licensed physical therapist.

13:39A-7.3 RESPONSIBILITIES OF LICENSED PHYSICAL THERAPIST ASSISTANT

A licensed physical therapist assistant shall not render nor continue to render care unless he or she has obtained ongoing direction from his or her designated supervising licensed physical therapist.
A licensed physical therapist assistant shall obtain the signature of the designated supervising licensed physical therapist supervisor indicating that the designated supervisor reviewed the plan of care and the date when that review took place. The supervising licensed physical therapist's signature in the record shall serve as evidence that the plan of care has been reviewed by the supervising licensed physical therapist and discussed with the physical therapist assistant. If patient records are maintained on a computer recordkeeping system that does not permit a supervising licensed physical therapist to sign a licensed physical therapist assistant's notes, the supervising licensed physical therapist shall enter a separate note in the patient record indicating that he or she has reviewed the plan of care.
When providing physical therapy services under direct supervision, a licensed physical therapist assistant shall, at least once every 30 days after the initial review of a new or revised plan of care with the supervising licensed physical therapist, the licensed physical therapist assistant shall document in the patient record that the patient's progress and plan of care were reviewed with the supervising licensed physical therapist including the dates when those reviews took place. Such documentation may be incorporated into progress notes or treatment notes written by the licensed physical therapist or the licensed physical therapist assistant and need not require separate or additional notes.
When providing physical therapy services under direct supervision, a licensed physical therapist assistant shall provide services only when the supervising licensed physical therapist is in the same building or, where physical therapy is rendered in several contiguous buildings, in one of the contiguous buildings and when the supervising licensed physical therapist is constantly available through electronic communications for consultation or for recall to the area where the licensed physical therapist assistant is rendering care.
When providing physical therapy services under general supervision, a licensed physical therapist assistant shall provide services only when the supervising physical therapist makes an on-site visit:
1. At least every six patient visits or every 14 days, whichever occurs first;
2. If the licensed physical therapist assistant requests a reexamination of the patient;
3. If a change in the plan of care is needed;
4. Prior to the planned completion of an episode of care; or
5. When the patient's medical status has changed.
When providing physical therapy services under general supervision, a licensed physical therapist assistant shall provide services only when the supervising physical therapist is accessible by telecommunications to the licensed physical therapist assistant at all times while the physical therapist assistant is treating patients.
A licensed physical therapist assistant shall review the plan of care with the supervising licensed physical therapist:
1. Before a licensed physical therapist assistant provides care to a patient for the first time;
2. Before the licensed physical therapist assistant implements a new or revised plan of care; and
3. On or before the patient's next visit in the event of a change in supervising licensed physical therapist.

SUBCHAPTER 7A.
(RESERVED)

SUBCHAPTER 7B.
(RESERVED)

SUBCHAPTER 8.
ADVERTISING

13:39A-8.1 ADVERTISING AND SOLICITATION PRACTICES

The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.
1. The term "advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services, treatment, or goods related thereto from a Board licensee.
2. "Board licensee" means any individual holding a valid license issued by the New Jersey Board of Physical Therapy.
3. The term "clinical specialist" means a licensed physical therapist who has demonstrated advanced clinical knowledge and skills by successfully completing an American Board of Physical Therapy Specialties (ABPTS) clinical specialist program and has passed a written examination in one of the physical therapy specialty areas.
4. The term "electronic media" shall include, but not be limited to, radio, television, telephone, facsimile machine, or computer.
5. The term "fee schedule" refers to the fees charged for services or goods offered by a licensed physical therapist.
6. The term "graphic representation" means the use of drawings, animations, clinical photographs, dramatizations, music or lyrics.
7. The term "print media" shall refer to newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers or other publications, the content of which is disseminated by means of the printed word.
8. "Routine professional service" refers to a service which a licensed physical therapist, licensed physical therapist assistant or professional association routinely performs.
A licensee may provide information to the public by advertising in print or electronic media.
A licensee who engages in the use of advertising which contains any of the following shall be deemed to have engaged in professional misconduct:
1. Any statement, claim or format including, but not limited to, a graphic representation which is false, fraudulent, misleading or deceptive;
2. Any misrepresentation of a material fact;
3. The suppression, omission or concealment of any material fact under circumstances which the licensee knows or should have known is improper or prevents a prospective patient from making a full and informed judgment on the basis of the information set forth in the advertisement;
4. Any claim that the service performed or the materials used are superior to that which is ordinarily performed or used in the profession;
5. Any promotion of professional service that the licensee knows or should know is beyond the licensee's ability to perform;
6. A technique or communication which appears to intimidate, exert undue pressure or to unduly influence a prospective patient or consumer;
7. Any personal testimonial attesting to the quality or competence of service or treatment by a licensee involving medical or technical assessments that are beyond the patient's competency to assess, or any testimonial not in compliance with N.J.A.C. 13:39A-8.3;
8. The communication of any fact, data or information that may personally identify a patient without the patient's signed written permission obtained in advance;
9. An offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient;
10. Any print, language or format that directly or indirectly obscures a material fact; or
11. Any guarantee of results from any procedure.
Any violations of (e) through (i) below shall be deemed professional misconduct.
The Board may require a licensed physical therapist to substantiate the truthfulness of any assertion or representation set forth in an advertisement.
A licensee shall not engage, either directly or through the use of any agent, employee or representative, in solicitation of a prospective patient or a consumer. This subsection shall not prohibit a licensed physical therapist from offering services through materials provided to a community service organization which makes known the availability of all professional services listed; nor shall it prohibit the offering of services by a licensed physical therapist to any bona fide representative of prospective patients including, but not limited to, employers, labor union representatives or insurance carriers.
Advertising making reference to or setting forth fees shall be limited to that which contains a stated fee schedule for specifically described routine professional services or goods offered by licensees.
1. A licensee who advertises a fee shall disclose all relevant and material variables and considerations that are ordinarily included in such a service so that the fee will be clearly understood by prospective patients or consumers.
2. In the absence of such disclosure referred to in (g)1 above, the stated fees shall be presumed to include everything ordinarily required for such a service. No additional charges shall be made for an advertised service unless the advertisement specifically delineates the additional services contemplated and the fee to be charged therefor.
The time period during which an advertised fee will remain in effect shall be set forth on the face of the advertisement. In the absence of such disclosure, the effective period shall be deemed to be 30 days from the date of the advertisement's final publication.
Any licensed physical therapist advertising certification in a specialty area shall possess certification by a certifying entity and shall maintain documentary proof of certification from the entity as part of his or her records. A licensed physical therapist who advertises a specialty certification shall include the full name of the certification and the certifying entity in any advertisements and, except as provided in (j) below, shall not use initials or acronyms for the certification or certifying entity. For example, except as provided in (j) below, a licensee may indicate in advertisements that he or she is an Orthopaedic Clinical Specialist certified by the American Board of Physical Therapy Specialties but shall not indicate that he or she is an OCS certified by the ABPTS.
A licensed physical therapist who has included the full name of a certification and certifying entity in an advertisement pursuant to (i) above may use initials or acronyms for that certification immediately following its full name. For example, a licensed physical therapist who indicates that he or she is an Orthopaedic Clinical Specialist certified by the American Board of Physical Therapists in an advertisement may use the acronyms OCS and ABPTS after these full names (Orthopaedic Clinical Specialist (OCS) by the American Board of Physical Therapists (ABPTS).

13:39A-8.2 ADVERTISING FREE OR DISCOUNTED SERVICES; REQUIRED DISCLOSURES

An advertisement offering a fee reduction shall state the reduced fee and the licensed physical therapist's usual fee for each service for which a reduction is advertised. The usual fee shall be the fee charged for the advertised service for a period of not less than 90 days prior to the advertised reduction.
All offers of free services or discounts shall include a statement of the specific charges for all associated or reasonably anticipated services which are not included in the offer of free or discounted services. If the discount or free service does not apply to all services to be rendered, the advertisement shall specify any associated or reasonably anticipated services which are not included.
Except for those services specifically excluded in the advertisement offering free services, the licensed physical therapist shall not charge for any service whatsoever rendered during a period of 72 hours from the time the free service was rendered.

13:39A-8.3 TESTIMONIAL ADVERTISING

All testimonials involving a specific or identifiable procedure shall truthfully reflect the actual experience of the patient.
The licensee shall be able to substantiate any objective, verifiable statement of fact appearing in a testimonial. The failure to do so, if required by the Board, may be deemed professional misconduct.
Where an advertiser directly or indirectly provides compensation to a testimonial giver, the fact of such compensation shall be conspicuously disclosed in a clear, legible and readable manner in any advertisement as follows: "COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL."

13:39A-8.4 MINIMUM CONTENT

A licensee shall include the following in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards and professional stationery:
1. The name, identification of licensure and license number of at least one principal of the corporation; and
2. The street address and telephone number of the practice.

13:39A-8.5 USE OF PROFESSIONAL CREDENTIALS AND CERTIFICATIONS

A licensee shall accurately and objectively represent his or her competence, education, training and experience.
A licensee shall use the designation "physical therapist" or "physical therapist assistant" or the abbreviation "PT" or "PTA" in conjunction with the use of his or her name and license number. Academic degree designations, including initials, may be placed after the name and the title.
An advertisement that includes information on professional credentials shall contain the academic degrees attained related to the practice of physical therapy and shall refer only to degrees obtained from accredited academic institutions.

13:39A-8.6 ADVERTISING BY A BUSINESS ENTITY OFFERING PHYSICAL THERAPY SERVICES

A licensee who uses or participates in the use of any form of public communication relating to a business entity offering physical therapy services shall include in that communication the name of the person holding an ownership interest in the advertising entity and the professional license held by that person. If the entity is owned by more than four persons, the notice need only include the names of officers in that entity and the licenses they hold.
The responsibility for the form and content of any advertisement offering services or goods by a licensee shall be jointly and severally that of each licensed physical therapist who is a principal, partner or officer of the firm or entity identified in the advertisement.

13:39A-8.7 ADVERTISING RECORD RETENTION

The licensee shall retain, for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print media, a video or audio tape of every advertisement communicated by electronic media, and a computer record of any advertisement posted on the internet. The licensee shall indicate on all advertisements in his or her possession the date and place of publication.
Documentation relating to the use of testimonials shall be retained for a period of three years from the date of last use of the testimonial. Documentation shall include, but not be limited to, the name, address and telephone number of the testimonial giver and the type and amount or value of compensation, if any.

SUBCHAPTER 9.
CONTINUING EDUCATION AND COMPETENCY

13:39A-9.1 LICENSURE RENEWAL: CONTINUING EDUCATION AND COMPETENCY REQUIREMENT

A licensee applying for biennial licensure renewal shall complete, during the preceding biennial period, the continuing education and competency requirement as specified in N.J.A.C. 13:39A-9.2.
Upon biennial license renewal, a licensee shall attest that he or she has completed the continuing education and competency requirement of the types and number of credits specified in N.J.A.C. 13:39A-9.3. Submission of any false information on the renewal application may require an appearance before the Board and may result in disciplinary action.

13:39A-9.2 CREDIT HOUR REQUIREMENTS

Except as provided in (b) below, each applicant for biennial license renewal as a licensed physical therapist and as a licensed physical therapist assistant shall complete during the preceding biennial period a minimum of 30 credits of continuing education and competency, which shall include four credits of jurisprudence and professional ethics.
An applicant for biennial license renewal as a licensed physical therapist or as a licensed physical therapist assistant who receives an initial license in the first year of a biennial period shall complete a minimum of 15 of the 30 required credits of continuing education and competency during that biennial renewal period. An applicant for biennial license renewal as a licensed physical therapist or as a licensed physical therapist assistant who receives an initial license in the second year of a biennial period shall be exempt from completing continuing education and competency credits during that biennial renewal period.
For the purposes of this subchapter, an hour of continuing education and competency means 60 minutes of instructional time spent in learning activities, exclusive of breaks, meals, pre-tests, or vendor exhibits.
Any continuing education and competency courses, programs or seminars directed or ordered by the Board to be taken by a licensee as all or part of a disciplinary or remedial measure or to remediate a deficiency in continuing education and competency credits for a prior biennial renewal period shall not qualify to fulfill the mandatory continuing education and competency requirements required for biennial renewal.

13:39A-9.3 ACCEPTABLE COURSE OFFERINGS; CREDIT HOUR CALCULATION

The Board shall grant continuing education and competency credit, at a rate of one credit for each hour of attendance unless otherwise specified in this section, only for courses, programs or seminars that have been successfully completed and have significant educational or practical content, which deal with matters related to the practice of physical therapy or with the professional responsibilities or ethical obligations of licensees, such as the following:
1. Patient/client management;
2. Appropriate standard of physical therapy care;
3. Patient safety;
4. Application of new technology to physical therapy practice;
5. Patient communication;
6. Promotion of ethical practices;
7. Knowledge of the changing health care system;
8. Clinical instructor credentialing; and
9. Physical therapy practice management, administration and professional issues.
All courses, programs or seminars offered by the following sources and providers are preapproved and a licensee shall be allowed the number of credits as follows:
1. Successful completion of a post-graduate course in a physical therapy program leading to a Doctor of Physical Therapy (DPT) degree for the licensed physical therapist or a three-credit course in an entry level physical therapy program for the licensed physical therapist assistant. Such programs must be in institutions of higher learning, which are accredited by the United States Department of Education, Office of Postsecondary Education or their approved agencies: 15 credits for each course credit awarded;
2. Successful completion of a course in an academic program related to the practice of physical therapy provided that such course is not part of the physical therapy program completed by the licensee to meet the educational requirements for initial licensure under N.J.A.C. 13:39A-5.1 or 5.2: 15 credits for each course credit awarded; or
3. Successful completion of a continuing education and competency course sponsored by the American Physical Therapy Association (APTA), or the American Physical Therapy Association of New Jersey (APTANJ): one credit for each hour of the course.
If a licensed physical therapist or licensed physical therapist assistant leaves a course, program, or seminar approved pursuant to (b) above prior to the end of the course, program, or seminar, the provider shall assign partial credit for the course, program, or seminar, based on the amount of time the licensed physical therapist or licensed physical therapist assistant attended the course, program, or seminar, as indicated by attendance sheets maintained by the sponsor pursuant to N.J.A.C. 13:39A-9.6(a).
The Board shall grant a maximum of 10 of the mandatory 30 continuing education and competency credits required in a biennial renewal period of licensed physical therapists and licensed physical therapist assistants from any or all of the following:
1. Successful completion of videotape, audiotape, computer media, Internet, journal, or correspondence courses, programs or seminars: a maximum of 10 credits per course, program or seminar. The course, program or seminar shall include an examination at its end. Credit for correspondence and other individual study courses or programs shall be provided only in the renewal period in which the course is completed with a successful final examination;
2. Successful completion of courses, programs or seminars consisting of hands-on demonstrations of instrumentation when accompanied by didactic lectures: one-half credit for each hour of attendance;
3. Preparation and presentation of a Board-approved continuing professional education and competency course, program or seminar: two credits for each hour of a new presentation up to a maximum of 10 credits. For purposes of this subsection, "new" means a course, program or seminar that the licensee has not taught previously in any educational setting. One credit for each hour of a presentation shall be given for subsequent sessions involving substantially identical subject matter up to a maximum of 10 credits, provided the original material has been updated and subject to the credit limits of this section;
4. Preparation of an educational or scientific article authored and published in a professional refereed journal: three credits per article as approved by the Board;
5. Courses, programs or seminars in physical therapy practice management: one credit for each hour of attendance;
6. Writing a chapter of a published textbook related to physical therapy: three credits per chapter up to a maximum of 10 credits; or
7. Editing a published textbook related to physical therapy: five credits per book up to a maximum of 10 credits.
A licensed physical therapist who becomes certified or recertified in a clinical specialty by the American Board of Physical Therapy Specialties shall receive 15 continuing education and competency credits for the biennial licensure period in which it takes place.
A licensed physical therapist who successfully completes a residency or fellowship approved by the American Physical Therapy Association (APTA) shall receive 15 continuing education and competency credits for the biennial licensure period in which the residency takes place.
A licensed physical therapist who completes the Federation of State Boards of Physical Therapy (FSBPT) oPTion shall receive three continuing education and competency credits for the biennial licensure period in which oPTion is taken.
A licensed physical therapist or licensed physical therapist assistant who provides clinical instruction to a student in a clinical facility that is affiliated with a physical therapy program that is approved for the education and training of physical therapists or licensed physical therapist assistants by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education shall receive one credit for each 40 hours of clinical instruction up to a maximum of four credits per biennial period.
The Board shall maintain a list of Board-approved courses, programs and seminars submitted for approval pursuant to N.J.A.C. 13:39A-9.6.
The Board may review and approve courses, programs and seminars, which are not preapproved pursuant to (b) above, when such courses, programs and seminars are submitted for approval by a licensee for continuing professional education and competency credit. The licensee shall submit, on a form approved by the Board, the title, date and location of the course, program or seminar for which approval is being sought and the information required of a continuing professional education and competency provider pursuant to N.J.A.C. 13:39A-9.6(a)1.
Continuing education and competency courses, programs and seminars shall be offered on a nondiscriminatory basis. Membership organizations may discount the cost of attending continuing education and competency courses, programs and seminars for dues-paying members.

13:39A-9.4 DOCUMENTATION OF CONTINUING EDUCATION AND COMPETENCY CREDIT

Each licensee shall maintain a record of all continuing education and competency activity completed and shall submit evidence of completion of the credit requirements to the Board upon request. Each licensee shall obtain from the continuing education and competency course, program or seminar provider and retain for a period of at least four years following the license renewal a record of attendance which shall include, at a minimum, the following:
1. The participant's name and State Board of Physical Therapy Examiners' license number;
2. The title and, if the title does not adequately describe the educational content, subject matter of the course, program or seminar;
3. The name of the instructor;
4. The course, program or seminar provider;
5. The date and location of the course, program or seminar;
6. The number of continuing education and competency credits awarded; and
7. The signature of a course, program or seminar official or other verification of successful completion by the course, program or seminar provider.
A licensee shall verify completion of academic course work by an official transcript from the educational institution.
A licensee who completes a videotape, audiotape, computer media, Internet, journal or correspondence course or program shall retain the certification of the successful final examination completed at the end of the course, program or seminar.
A licensee who passes the Federation of State Boards of Physical Therapy (FSBPT) Practice Review Tool (PRT) shall retain documented proof from the FSBPT of completion.
A licensee who attends a conference that has concurrent sessions, at which attendance is not taken at each session and attendance certificates are not issued to attendees for each session, shall document attendance by having a conference official sign or stamp the session description in the program book.
The Board shall monitor compliance with the mandatory continuing education and competency requirement by conducting a random audit of licensees, who, upon request, shall provide proof of successful completion of continuing education and competency credits.
A licensee who writes a chapter of, or edits, a textbook shall retain a copy of the published textbook.
A licensee who provides clinical instruction to a student shall retain documentary proof from the student’s school that indicates the period of time during which the licensee provided clinical instruction.
During the audit performed pursuant to (f) above, the Board shall review any course that has not been pre-approved pursuant to N.J.A.C. 13:39A-9.3(b) and shall approve the course if it meets the requirements of N.J.A.C. 13:39A-9.3(a) and the provider meets the requirements of N.J.A.C. 13:39A-9.6.

13:39A-9.5 WAIVER OF CONTINUING EDUCATION AND COMPETENCY REQUIREMENTS

The Board may waive, extend or otherwise modify the time period for completion of the continuing education and competency requirements on an individual basis for reasons of hardship, such as illness, disability or active service in the military.
A licensee who seeks a waiver, extension or modification of the time period for the completion of the continuing education and competency requirements shall provide to the Board in writing, no less than two months prior to the end of the licensure period, the specific reasons for requesting the waiver, extension or modification and such additional information as the Board may require in support of the request.

13:39A-9.6 RESPONSIBILITIES OF CONTINUING EDUCATION AND COMPETENCY PROVIDERS

All providers of continuing education and competency not included in N.J.A.C. 13:39A-9.3(b) shall:
1. At least 45 business days prior to the date of the course, program or seminar, submit the following for each course, program or seminar offered for evaluation by the Board:
  1. A detailed descriptive outline of course content, the estimated starting and ending time of the course and any break time provided during the course, program or seminar;
  2. The curriculum vitae of each instructor that indicates the lecturer has met the requirements of (b) below;
  3. Course objectives that are both behavioral objectives, which are learning outcomes stated in terms that indicate what the student will be able to do or demonstrate after the course, and measurable objectives, which are learning outcomes indicating the level of the student's performance; and
  4. A bibliography supporting the content of the course, program or seminar that includes at least five peer-reviewed journal articles published within the last five years;
2. Obtain Board approval prior to representing that any course, program or seminar fulfills the requirements of N.J.A.C. 13:39A-9.1;
3. Monitor the attendance at each approved course, program or seminar and furnish to each enrollee a verification of attendance, which shall include at least the following information:
  1. The title, date and location of the course, program or seminar offering;
  2. The name and license number of the attendee;
  3. The number of credits awarded;
  4. The name and signature of the sponsor and the seal of the organization;
4. Maintain attendance sheets, which include the time when a licensee arrives at and leaves the course, program or seminar with the licensee's signature next to each time entry;
5. Evaluate course offerings. Evaluations shall be solicited from both the attendees and the instructors; and
6. Submit a fee pursuant to N.J.A.C. 13:39A-1.3 for each submission of a new course, program or seminar reviewed by the Board during the biennial licensing period.
In order to be qualified to instruct a continuing education course, an instructor shall:
1. If licensure is required to practice his or her profession, hold a current license to practice;
2. Maintain a list of continuing education coursework completed and taught by the instructor for the last five years; and
3. Have:
  1. Been employed in the topic area of the course within the past five years;
  2. Published an article for peer reviewed journals in the topic area of the course within the past five years; or
  3. Written a chapter for academic textbooks in the topic area of the course within the past five years.

SUBCHAPTER 10.
TELEMEDICINE

13:39A-10.1 PURPOSE AND SCOPE

The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
This subchapter shall also apply to all persons who are licensed by the Board as licensed physical therapists and licensed physical therapist assistants.
Pursuant to N.J.S.A. 45:1-62, a physical therapist or physical therapist assistant must hold a license issued by the Board if he or she:
1. Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.
Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with a licensed physical therapist or physical therapist assistant in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

13:39A-10.2 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to or from an originating site or to or from the licensed physical therapist or licensed physical therapist assistant at a distant site, which allows for the patient to be evaluated without being physically present.

"Board" means the Board of Physical Therapy Examiners.

"Cross-coverage" means a licensed physical therapist who engages in a remote physical therapy evaluation of a patient, without in-person contact, at the request of another licensed physical therapist who has established a proper licensed physical therapist or licensed physical therapist assistant-patient relationship with the patient.

"Distant site" means a site at which a licensed physical therapist or licensed physical therapist assistant is located while providing health care services by means of telemedicine or telehealth.

"On-call" means a licensed physical therapist or licensed physical therapist assistant is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the licensed physical therapist or licensed physical therapist assistant has temporarily assumed responsibility, as designated by the patient's primary care licensed physical therapist or licensed physical therapist assistant or other health care provider of record.

"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.

"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.).

"Telemedicine" means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a licensed physical therapist or licensed physical therapist assistant who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening licensed physical therapist or licensed physical therapist assistant, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.

13:39A-10.3 STANDARD OF CARE

Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
If a licensed physical therapist or licensed physical therapist assistant determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensed physical therapist or licensed physical therapist assistant shall not provide services through telemedicine or telehealth.
A licensed physical therapist or licensed physical therapist assistant who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.
A licensed physical therapist who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
A licensed physical therapist assistant who provides a treatment or consultation recommendation, including discussions regarding the risk and benefits of a patient's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

13:39A-10.4 LICENSED PHYSICAL THERAPIST OR LICENSED PHYSICAL THERAPIST ASSISTANT-PATIENT RELATIONSHIP

Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall establish a licensed physical therapist or licensed physical therapist assistant-patient relationship by:
1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. A licensed physical therapist or licensed physical therapist assistant may also use a patient's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
2. Disclosing and validating the licensed physical therapist or licensed physical therapist assistant's identity, license, title, and, if applicable, specialty and board certifications.
Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall review the patient's history and any available records.
Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person. The licensed physical therapist or licensed physical therapist assistant shall make this determination prior to each unique patient encounter.
Prior to initiating contact with a patient, a licensed physical therapist or licensed physical therapist assistant shall provide the patient the opportunity to sign a consent form that authorizes the licensed physical therapist or licensed physical therapist assistant to release records of the encounter to the patient's primary care licensed physical therapist or other health care provider identified by the patient.
Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper provider-patient relationship if:
1. The provision of services is for informal consultations with another healthcare provider performed by a licensed physical therapist or licensed physical therapist assistant outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
2. The The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to a licensed physical therapist or licensed physical therapist assistant in this State;
3. A licensed physical therapist or licensed physical therapist assistant furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or
4. A substitute licensed physical therapist or licensed physical therapist assistant, who is acting on behalf of an absent licensed physical therapist or licensed physical therapist assistant in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensed physical therapist or licensed physical therapist assistant has designated the substitute licensed physical therapist or licensed physical therapist assistant as an on-call licensed physical therapist or licensed physical therapist assistant or cross-coverage service provider.

13:39A-10.5 PROVISION OF SERVICES THROUGH TELEMEDICINE OR TELEHEALTH

As long as a licensed physical therapist or licensed physical therapist assistant has satisfied the requirements of N.J.A.C. 13:39A-10.4, a licensed physical therapist or licensed physical therapist assistant may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision of health care services to patients.
Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall determine the patient's originating site and record this information in the patient's record.
A licensed physical therapist or licensed physical therapist assistant providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided in (e) below, a video component that allows a licensed physical therapist or licensed physical therapist assistant to see a patient and the patient to see the licensed physical therapist or licensed physical therapist assistant during the provision of services.
A licensed physical therapist or licensed physical therapist assistant providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
If, after accessing and reviewing the patient's records, a licensed physical therapist or licensed physical therapist assistant determines that he or she is able to meet the standard of care for such services if they were being provided in-person without using the video component described in (c) above, the licensed physical therapist or licensed physical therapist assistant may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without a video component.
During the provision of services through telemedicine or telehealth, and after the provision of services, a licensed physical therapist or licensed physical therapist assistant, or another designated licensed physical therapist or licensed physical therapist assistant, shall provide his or her name, professional credentials, and contact information to the patient. Such contact information shall enable the patient to contact the licensed physical therapist or licensed physical therapist assistant for at least 72 hours following the provision of services, or for a longer period if warranted by the patient's circumstances and accepted standards of care.
Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall review any history or records provided by a patient as follows:
1. For an initial encounter with a patient, history and records shall be reviewed prior to the provision of services through telemedicine or telehealth; and
2. For any subsequent interactions with a patient, history and records shall be reviewed either prior to the provision of services through telemedicine or telehealth or contemporaneously with the encounter with the patient.
After the provision of services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall provide the patient, upon request, with his or her records created due to the services provided.
A licensed physical therapist or licensed physical therapist assistant shall provide, upon a patient's written request, the patient's information to the patient's primary care provider or to other health care providers.
A licensed physical therapist or licensed physical therapist assistant engaging in telemedicine or telehealth shall refer a patient for follow-up care when necessary.

13:39A-10.6 RECORDS

A licensed physical therapist or licensed physical therapist assistant who provides services through telemedicine or telehealth shall maintain a record of the care provided to a patient. Such records shall comply with the requirements of N.J.A.C. 13:39A-3.1 and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a patient's record.

13:39A-10.7 PREVENTION OF FRAUD AND ABUSE

In order to establish that a licensed physical therapist or licensed physical therapist assistant has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant must establish written protocols that address:
1. Authentication and authorization of users;
2. Authentication of the patient during the initial intake pursuant to N.J.A.C. 13:39A-10.4(a)1;
3. Authentication of the origin of information;
4. The prevention of unauthorized access to the system or information;
5. System security, including the integrity of information that is collected, program integrity, and system integrity;
6. Maintenance of documentation about system and information usage;
7. Information storage, maintenance, and transmission; and
8. Synchronization and verification of patient profile data.

13:39A-10.8 PRIVACY AND NOTICE TO PATIENTS

Licensed Licensed physical therapists or licensed physical therapist assistants who communicate with patients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are incorporated herein by reference, relating to the privacy of individually identifiable health information.
Written privacy practices required by (a) above shall include privacy and security measures that assure confidentiality and integrity of patient-identifiable information. Transmissions, including patient email, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially equivalent authentication techniques.
A licensed physical therapist or licensed physical therapist assistant who becomes aware of a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply with reporting requirements of 45 CFR Part 164.
Licensed physical therapists or licensed physical therapist assistants, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient's written acknowledgement of receipt of the notice.
Licensed physical therapists or licensed physical therapist assistants who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give patients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensed physical therapist or licensed physical therapist assistant shall obtain a signed and dated statement indicating that the patient received this notice.
When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensed physical therapist or licensed physical therapist assistant exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the licensed physical therapist or licensed physical therapist assistant shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person evaluation reasonably able to meet the patient's needs.

CHAPTER 45C
UNIFORM REGULATIONS

SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE
AND TO COMPLY WITH BOARD ORDERS

13:45C-1.1 Applicability, scope and definitions

This subchapter shall apply to all licensees of any board, committee or sub-unit within the Division of Consumer Affairs.
For the purpose of this subchapter, "licensee" shall mean any licensee, permittee, certificate holder or registrant of:
1. The Division of Consumer Affairs;
2. Any professional or occupational licensing board, committee, or other subunit of a board or committee located within the Division; or
3. The Legalized Games of Chance Control Commission.

13:45C-1.2 Licensee's duty to cooperate in investigative inquiries

A licensee shall cooperate in any inquiry, inspection or investigation conducted by, or on behalf of, a board, the Director or the licensee's licensing agency into a licensee's conduct, fitness or capacity to engage in a licensed profession or occupation where said inquiry is intended to evaluate such conduct, fitness or capacity for compliance with applicable statutory or regulatory provisions.
A licensee's failure to cooperate, absent good cause or bona fide claim of a privilege not identified in N.J.A.C. 13:45C-1.5 as unavailable, may be deemed by the board, the Director, or the licensing agency to constitute professional or occupational misconduct within the meaning of N.J.S.A. 45:l-21(e) or the agency's enabling act and thus subject a licensee to disciplinary action pursuant to N.J.S.A. 45: 1-2 1(h) or the agency's enabling act.

13:45C-1.3 Specific conduct deemed failure to cooperate

The following conduct by a licensee may be deemed a failure to cooperate and, therefore, professional or occupational misconduct and grounds for disciplinary action including, but not limited to, suspension or revocation of licensure:
1. The failure to timely respond to an inquiry to provide information in response to a complaint received concerning licensee conduct;
2. The failure to timely provide records related to licensee conduct;
3. The failure to attend any scheduled proceeding at which the licensee's appearance is directed. In the event that a licensee elects to retain counsel for the purpose of representation in any such proceeding, it shall be the licensee's responsibility to do so in a timely fashion. The failure of a licensee to retain counsel, absent a showing of good cause therefor, shall not cause an adjournment of the proceeding;
4. The failure to timely respond or to provide information requested pursuant to a demand under N.J.S.A. 45: 1-18 or other applicable law or to provide access to any premises from which a licensed profession or occupation is conducted. Included within this paragraph shall be the failure to respond to any demand for statement or report under oath, the failure to permit the examination of any goods, ware or item used in the rendition of the professional or occupational service and the failure to grant access to records, books or other documents utilized in the practice of the occupation or profession;
5. The failure to answer any question pertinent to inquiry made pursuant to N.J.S.A. 45:l-18 or other applicable law unless the response to said question is subject to a bonafide claim of privilege;
6. The failure to make proper and timely response by way of appearance or production of documents to any subpoena issued pursuant to N.J.S.A. 45:l-18 or as may otherwise be provided by law; or
7. The failure to provide to the Board, the Director or the licensing agency timely notice of any change of address from that which appears on the licensee's most recent license renewal or application.Amended by R.2000 d.356, effective September 5,2000.

13:45C-1.4 Failure to comply with Board orders as professional or occupational misconduct
The failure of a licensee to comply with an order duly entered and served upon the licensee or of which the licensee has knowledge shall be deemed professional or occupational misconduct.

13:45C-1.5 Unavailability of privileges in investigative or disciplinary proceedings

In any investigative inquiry conducted pursuant to N.J.S.A. 45:l-18 or in any disciplinary proceeding conducted pursuant to N.J.S.A. 45: 1-2 1, or as may otherwise be authorized by law, the physician-patient privilege, psychologistpatient privilege, marriage and family therapist-client privilege, professional counselor-client privilege, associate counselor-client privilege, social worker-client privilege and the alcohol and drug counselor-client privilege shall be unavailable.
Any statements or records otherwise subject to a claim of the stated privileges which may be obtained by the Board, its agent or the Attorney General pursuant to N.J.S.A. 45: 1-1 8 shall remain confidential and shall not be disclosed unless so ordered by a court of competent jurisdiction, the appropriate licensing board or the Office of Administrative Law in a contested case.

13:45C-1.6 Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable

Any statements, records or other information which may be subject to any privilege declared unavailable in this subchapter shall be maintained in a secure place and manner by:
1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau;
2. The professional or occupational licensing board and the committee or other subunit of a board or committee located within the Division which has a direct connection with, or a need for access to, the matter to which the statements, records or other information pertain; or
3. A Deputy Attorney General.
Except as may be otherwise ordered as provided in the subchapter, access to statements, records or other information shall be afforded only to employees and agents of, and experts or other consultants retained by, the Attorney General, the Enforcement Bureau, or the Board or other subunit of the Division having a direct connection with, or a need for access to, the matter to which the statement, records or other information pertain.
The statements, records or other information may be retained for the period of time during which an investigation remains open or until the completion of all administrative or judicial proceedings relating thereto, at which time they may be returned to the licensee or other person from whom they were obtained. In the absence of such licensee or other person, the statements, records or other information may be returned to the patient, where appropriate.

New Jersey Uniform Enforcement Act
NJSA 45:1.1 et seq.

45:1-1. Persons entitled to practice, etc. under former laws unaffected

Any person now entitled to practice any profession or to engage in any occupation, governed or regulated by the provisions of this title by virtue of any prior law, shall continue to be entitled to practice or engage in the same, notwithstanding the enactment of this title, and the validity of any license or other authorization to practice any such profession or to engage in any such occupation, heretofore issued to any person under any prior law, or of any proceeding pending to obtain such a license or authorization shall not be affected by the enactment of this title but all such persons shall in all other respects be subject to the provisions of this title.

45:1-2.1 Applicability of act.

The provisions of this act shall apply to the following boards and commissions: 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 Examinersof Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, 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 Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

45:1-2.2 Membership of certain boards and commissions; appointment, removal, quorum.

All members of the several professional boards and commissions shall be appointed by the Governor in the manner prescribed by law; except in appointing members other than those appointed pursuant to subsection b. or subsection c., the Governor shall give due consideration to, but shall not be bound by, recommendations submitted by the appropriate professional organizations of this State.
In addition to the membership otherwise prescribed by law, the Governor shall appoint in the same manner as presently prescribed by law for the appointment of members, two additional members to represent the interests of the public, to be known as public members, to each of the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, 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 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 New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Social Work Examiners, and the State Board of Veterinary Medical Examiners, and one additional public member to each of the following boards: the Board of Examiners of Electrical Contractors, the State Board of Marriage and Family Therapy Examiners, the State Board of Examiners of Master Plumbers, and the State Real Estate Appraiser Board. Each public member shall be appointed for the term prescribed for the other members of the board or commission and until the appointment of his successor. Vacancies shall be filled for the unexpired term only. The Governor may remove any such public member after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause. No public member appointed pursuant to this section shall have any association or relationship with the profession or a member thereof regulated by the board of which he is a member, where such association or relationship would prevent such public member from representing the interest of the public. Such a relationship includes a relationship with members of one's immediate family; and such association includes membership in the profession regulated by the board. To receive services rendered in a customary client relationship will not preclude a prospective public member from appointment. This paragraph shall not apply to individuals who are public members of boards on the effective date of this act.

It shall be the responsibility of the Attorney General to insure that no person with the aforementioned association or relationship or any other questionable or potential conflict of interest shall be appointed to serve as a public member of any board regulated by this section. Where a board is required to examine the academic and professional credentials of an applicant for licensure or to test such applicant orally, no public member appointed pursuant to this section shall participate in such examination process; provided, however, that public members shall be given notice of and may be present at all such examination processes and deliberations concerning the results thereof, and, provided further, that public members may participate in the development and establishment of the procedures and criteria for such examination processes.
The Governor shall designate a department in the Executive Branch of the State Government which is closely related to the profession or occupation regulated by each of the boards or commissions designated in section 1 of P.L.1971, c.60 (C.45:1-2.1) and shall appoint the head of such department, or the holder of a designated office or position in such department, to serve without compensation at the pleasure of the Governor as a member of such board or commission.
A majority of the voting members of such boards or commissions shall constitute a quorum thereof and no action of any such board or commission shall be taken except upon the affirmative vote of a majority of the members of the entire board or commission.

45:1-2.3. Qualifications; rights and duties

Such additional members:

Need not meet the educational and professional requirements for membership on such boards or commissions as provided in the several statutes establishing such boards and commissions; and
Shall be voting members subject to the same rights, obligations and duties as other members of their respective boards or commissions.

45:1-2.4. Effect of act on term of member in office

Nothing in this act shall affect the right of a board or commission member in office on the effective date of this act to continue to serve for the term for which he was appointed.

45:1-2.5. Compensation and reimbursement of expenses of members; executive secretaries; compensation and terms; office and meeting places

With respect to the boards or commissions designated in section 1 of P.L.1971, c.60 (C.45:1-2.1), except as otherwise provided in subsection d. of this section, and notwithstanding the provisions of any other law:

The officers and members shall be compensated on a per diem basis in the amount of $25.00 or an amount to be determined by the Attorney General, with the approval of the State Treasurer, but not to exceed $100.00 per diem or $2,500.00 annually, and shall be reimbursed for actual expenses reasonably incurred in the performance of their official duties. Such moneys shall be paid according to rules and regulations promulgated by the Attorney General.
The executive secretary shall receive such salary as shall be determined by the appointing authority within the limits of available appropriations and shall serve at its pleasure. Any such executive secretary who holds a certificate, license or registration issued by the board or commission by which he is employed shall not during such employment be permitted to engage in any profession or occupation regulated by the board or commission.
The head of the department to which such board or commission is assigned shall maintain within any public building, whether owned or leased by the State, suitable quarters for the board's or commission's office and meeting place, provided that no such office or meeting place shall be within premises owned or occupied by an officer or member of such board or commission.
The compensation schedule for members of boards and commissions provided in subsection a. of this section shall not apply to the members of the New Jersey Real Estate Commission, who shall be compensated pursuant to R.S.45:15-6 or to members of the State Board of Medical Examiners who shall receive compensation of $150 per diem.

45:1-2.6. Inapplicability of act to rights under civil service or any pension law or retirement system

Nothing in this act shall deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or any pension law or retirement system.

45:1-3. Expenses of boards paid from income; surplus paid to state treasurer; accounts

Each member of the boards mentioned in section 45:1-2 of this title shall be entitled to his actual traveling and other expenses incurred in the performance of his duties, which sum shall be paid from the license fees and other sources of income of such boards. Such boards shall also be entitled to expend from their income such sums as shall be necessary to defray all proper expenses incurred by them in the performance of their duties, including the compensation of any of their officers or agents whom they are authorized to compensate. Such boards, if authorized to collect an annual registration or license fee from persons licensed by them, may retain in their treasuries the fees so collected and use the same for the purpose of defraying the expenses of securing evidence against and prosecuting persons violating the provisions of the laws with the enforcement of which they are charged, or, in case the revenue of the boards from other sources shall be insufficient to pay the salary of their secretaries and their other expenses, such fees may be expended for such purposes. Such boards shall be entitled to retain, in addition to the above, at least one hundred dollars in their treasuries for the purpose of preparing and holding their examinations. On or before October thirty-first in each year such boards shall pay to the state treasurer all moneys remaining in their treasuries, except as above stated, which sum, when so paid, shall form a part of the state fund. Such boards shall keep accurate accounts of their receipts and expenditures, which accounts shall be subject to audit by the state comptroller.

45:1-3.1 Applicability of act.

The provisions of this act shall apply to the following boards and commissions: 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 Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery 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 Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

45:1-3.2. Charges for examinations, licensures and other services; establishment or change by rule; standards

Notwithstanding the provisions of Title 45 of the Revised Statutes or any other law to the contrary, any board or commission named in section 1 of this supplementary act may by rule establish, prescribe or change the charges for examinations, licensures and other services it performs, which rule shall first be approved by the head of the department to which such board or commission is assigned and shall be adopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (c. 52:14B-1).

Any board's or commission's charges established, prescribed or changed pursuant to this section shall be established, prescribed or changed to such extent as shall be necessary to defray all proper expenses incurred by the board or commission in the performance of its duties but such charges shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.

45:1-3.3. Administrative fees

The Director of the Division of Consumer Affairs may by rule establish, prescribe, or modify administrative fees charged by boards in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). For purposes of this section, "administrative fees" are charges assessed to licensees, registrants or holders of certificates, as the case may be, for board functions that are not unique to a particular board but are uniform throughout all boards. Administrative fees include, but are not limited to, fees for a duplicate or replacement license, certification or registration, late renewal fee, license reinstatement fee, and the fee for processing change of address.

45:1-4. Salary of secretary

The secretary of each of the boards mentioned in section 45:1-2 of this title, whether or not a member thereof, shall be entitled to receive such reasonable salary or compensation for his services as secretary as shall be fixed by such boards, which shall be paid by the boards from their receipts, unless an appropriation is made for the expenses of such boards, in which case the same shall be paid from such appropriation.

45:1-7 Issuance of certain licenses or certificates of registration.

Notwithstanding any of the provisions of Title 45 of the Revised Statutes or of any other law to the contrary, all professional or occupational licenses or certificates of registration, except such licenses or certificates issued to real estate brokers or salesmen pursuant to chapter 15 of Title 45, which prior to the effective date of this act were issued for periods not exceeding one year and were annually renewable, shall, on and after the effective date of this act, be issued for periods of two years and be biennially renewable, except that licenses and business permits issued to electrical contractors and certificates of registration issued to qualified journeymen electricians pursuant to chapter 5A of Title 45 shall be issued for periods of three years and be triennially renewable; provided, however, the boards or commissions in charge of the issuance or renewal of such licenses or certificates may, in order to stagger the expiration dates thereof, provide that those first issued or renewed after the effective date of this act, shall expire and become void on a date fixed by the respective boards or commissions, not sooner than six months nor later than 29 months, after the date of issue. The fees for the respective licenses and certificates of registration issued pursuant to this act for periods of less or greater than one year shall be in amounts proportionately less or greater than the fees established by law.

45:1-7.1. Applicability of act; renewals; reinstatements

Notwithstanding any other act or regulation to the contrary, the provisions of this section and sections 6 and 7 of P.L.1999, c.403 (C.45:1-7.2 and C.45:1-7.3) shall apply to every holder of a professional or occupational license or certificate of registration or certification issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15), who seeks renewal of that license or certificate.
Every holder of a professional or occupational license or certificate of registration or certification, issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15), who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date of expiration of the license or certificate of registration or certification. If the holder does not renew the license or certificate prior to its expiration date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and paying a renewal fee and a late fee. Any professional or occupational license or certificate of registration or certification not renewed within 30 days of its expiration date shall be suspended without a hearing.
Any individual who continues to practice with an expired license or certificate of registration or certification after 30 days following its expiration date shall be deemed to be engaged in unlicensed practice of the regulated profession or occupation, even if no notice of suspension has been provided to the individual.
A professional or occupational license or certificate of registration or certification suspended pursuant to this section may be reinstated within five years following its date of expiration upon submission of a renewal application and payment of an additional reinstatement fee. An applicant seeking reinstatement of a license or certificate suspended pursuant to this section more than five years past its expiration date shall successfully complete the examination required for initial licensure, registration or certification and submit a renewal application and payment of an additional reinstatement fee.
A board specified in section 2 of P.L.1978, c.73 (C.45:1-15) shall send a notice of renewal to each of its holders of a professional or occupational license or certificate of registration or certification, as applicable, at least 60 days prior to the expiration of the license or certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew.

45:1-7.2. Reinstatement of license, registration, certification

A board may reinstate the professional or occupational license or certificate of registration or certification of an applicant whose license or certificate has been suspended pursuant to section 5 of P.L.1999, c.403 (C.45:1-7.1), provided that the applicant otherwise qualifies for licensure, registration or certification and submits the following upon application for reinstatement:

Payment of all past delinquent renewal fees;
Payment of a reinstatement fee;
An affidavit of employment listing each job held during the period of suspended license, registration or certification which includes the names, addresses, and telephone numbers of each employer; and
If applicable, satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours or credits required for the renewal of an active license or certificate of registration or certification.

45:1-7.3 Active, inactive options on renewal applications.

Renewal applications for all professional or occupational licenses or certificates of registration or certification shall provide the applicant with the option of either active or inactive renewal. A renewal applicant electing to renew as inactive shall not engage in professional or occupational practice within the State.
An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the board, the board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that he has maintained proficiency by completing the continuing education hours or credits required for the renewal of an active license, registration or certification, if applicable. The continuing education hours or credits shall be completed by the applicant within three years prior to the date of application for the return to active status, unless otherwise provided by board rule.

45:1-8. Contractors; application of s. 45:1-9

The provisions of this act apply to the following classes of contractors:

Tree experts, certified pursuant to P.L.1940, c. 100 (C. 13:1-28 et seq.);
Home repair contractors, licensed pursuant to P.L.1960, c. 41 (C. 17:16C-62 et seq.);
Electrical contractors, licensed pursuant to P.L.1962, c. 162 (C. 45:5A-1 et seq.);
Master plumbers, licensed pursuant to P.L.1968, c. 362 (C. 45:14C-1 et seq.);
Well drillers, licensed pursuant to P.L.1947, c. 377 (C. 58:4A-5 et seq.); and
Any class of contractors who hereafter are licensed by the State.

45:1-9. Indication of license or certificate number on contracts, bids and advertisements

Any contractor licensed by the State shall indicate his license or certificate number on all contracts, subcontracts, bids and all forms of advertising as a contractor.

45:1-10 Agreement by practitioner for payments to laboratory for tests without disclosure to patient, third party payor; prohibited.

It shall be unlawful for any person licensed in the State of New Jersey to practice medicine or surgery, dentistry, osteopathy, podiatric medicine or chiropractic to agree with any clinical, bio-analytical or hospital laboratory, wheresoever located, to make payments to such laboratory for individual tests, combination of tests, or test series for patients unless such person discloses on the bills to patients and third party payors the name and address of such laboratory and the net amount or amounts paid or to be paid to such laboratory for individual tests, combination of tests or test series.

45:1-10.1 Responsibility of health care professionals for filing claims.

Effective 12 months after the adoption of regulations establishing standard health care enrollment and claim forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a health care professional licensed pursuant to Title 45 of the Revised Statutes is responsible for filing all claims for third party payment, including claims filed on behalf of the licensed professional's patient for any health care service provided by the licensed professional that is eligible for third party payment, except that at the patient's option, the patient may file the claim for third party payment.

In the case of a claim filed on behalf of the professional's patient, the professional shall file the claim within 60 days of the last date of service for a course of treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23).
In the case of a claim in which the patient has assigned his benefits to the professional, the professional shall file the claim within 180 days of the last date of service for a course of treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23). If the professional does not file the claim within 180 days of the last date of service for a course of treatment, the third party payer shall reserve the right to deny payment of the claim, in accordance with regulations established by the Commissioner of Banking and Insurance, and the professional shall be prohibited from seeking any payment directly from the patient.
1. In establishing the standards for denial of payment, the Commissioner of Banking and Insurance shall consider the good faith use of information provided by the patient to the professional with respect to the identity of the patient's third party payer, delays in filing a claim related to coordination of benefits between third party payers and any other factors the commissioner deems appropriate, and, accordingly, shall define specific instances where the sanctions permitted pursuant to this subsection shall not apply.
2. A professional who fails to file a claim within 180 days and whose claim for payment has been denied by the third party payer in accordance with this subsection may, in the discretion of a judge of the Superior Court, be permitted to refile the claim if the third party payer has not been substantially prejudiced thereby. Application to the court for permission to refile a claim shall be made within 14 days of notification of denial of payment and shall be made upon motion based upon affidavits showing sufficient reasons for the failure to file the claim with the third party payer within 180 days.
The provisions of this section shall not apply to any claims filed pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.).
A health care professional who violates the provisions of subsection a. of this section may be subject to a civil penalty of $250 for each violation plus $50 for each day after the 60th day that the provider fails to submit a claim. The penalty shall be sued for and collected by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.

45:1-11. Violations; penalty

Any person violating this act shall be guilty of a misdemeanor.

45:1-12 Extra fee for completion of medical claim form, certain practitioners, penalty.

No podiatrist, optometrist or psychologist and no professional service corporation engaging in the practice of podiatric medicine, optometry or psychology in this State shall charge a patient an extra fee for services rendered in completing a medical claim form in connection with a health insurance policy. Any person violating this act shall be subject to a fine of $100.00 for each offense.

Such penalty shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal court shall have jurisdiction within its territory of such proceedings. Process shall be either in the nature of a summons or warrant and shall issue in the name of the State, upon the complaint of the State Board of Medical Examiners with respect to podiatrists, the New Jersey State Board of Optometry for optometrists or the State Board of Psychological Examiners for psychologists.

45:1-14. Legislative findings and declarations; liberal construction of act

The Legislature finds and declares that effective implementation of consumer protection laws and the administration of laws pertaining to the professional and occupational boards located within the Division of Consumer Affairs require uniform investigative and enforcement powers and procedures and uniform standards for license revocation, suspension and other disciplinary proceedings by such boards. This act is deemed remedial, and the provisions hereof should be afforded a liberal construction.

45:1-15 Application of act.

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, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

45:1-15.1. Rules, regulations

Consistent with their enabling acts, P.L.1978, c.73 (C.45:1-14 et seq.) and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the boards and others set forth in section 2 of P.L.1978, c.73 (C.45:1-15) are authorized to adopt rules and regulations to serve the public health, safety and welfare.

45:1-15.2 Professional, occupational licenses, registrations, expiration date for individuals with certain types of military service; delayed.

Any license issued by a professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15), and any registration issued under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et al.), shall not expire while the licensee or registrant is an active member of the Armed Forces of the United States and shall be extended for up to 120 days after his or her return from active service. Any late renewal fees, reinstatement fees and other reinstatement requirements shall be waived by the applicable professional or occupational board or the Division of Consumer Affairs upon application by the licensee or registrant within 120 days after he or she returns from active service. If the license or registration is renewed during the 120-day period after his or her return from active service, and the licensee or registrant submits documentation verifying his or her active military service, the licensee or registrant shall only be responsible for normal fees and activities relating to renewal of the license or registration and shall not be charged any additional costs, such as, but not limited to, late fees or delinquency fees.

As used in this section, "active member" means an individual or member of an organized unit ordered into active service in the Armed Forces of the United States by reason of membership in a reserve component of the Armed Forces of the United States or any branch of the Armed Forces of the United States.

45:1-16. Definitions

As used within this act the following words or terms shall have the indicated definition unless the context clearly indicates otherwise.

"Board" means any professional or occupational licensing board designated in section 2 of this act.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Person" means any natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trust thereof.

45:1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards

In implementing the provisions of this act and administering the law enforcement activities of those professional and occupational boards located within the Division of Consumer Affairs, the Attorney General may:

After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate rules and regulations consistent with the provisions of this act and the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure for administrative hearings before all boards within the Division of Consumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto, issuance of subpenas, appointment of hearing examiners, adjournments, submission of proposed findings of fact and conclusions of law, the filing of briefs, and such other procedural aspects of administrative hearings before the boards as the Attorney General may deem necessary; provided, however, nothing herein authorized shall be construed to require the Attorney General to promulgate rules regarding prehearing investigative procedures.
After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate substantive rules and regulations consistent with the provisions of any statute governing the activities of any licensing agency, board or committee located within the Division of Consumer Affairs, which shall be limited to disciplinary matters and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the Attorney General may direct that any proposed or existing regulation be amended, abandoned or repealed. Prior to the final adoption of any regulation affecting the activities of any professional or occupational licensing agency, board or committee located within the division and prior to the issuance of any directive to amend, abandon or repeal any regulation, the Attorney General or his designee shall first consult with the agency, board or committee whose activities are affected regarding the proposed action.
After a full consideration of all relevant facts and the applicable law, may direct the initiation of any appropriate enforcement action by a professional or occupational licensing board or set aside, modify or amend, as may be necessary, any action or decision of a licensing agency, board or committee located within the Division of Consumer Affairs; provided, however, no such action shall be directed by the Attorney General in reviewing the action or decision of an agency, board or committee unless such action or decision is contrary to applicable law.

45:1-18 Investigative powers of board, director, or attorney general.

Whenever it shall appear to any board, the director or the Attorney General that a person has engaged in, or is engaging in any act or practice declared unlawful by a statute or regulation administered by such board, or when the board, the director or the Attorney General shall deem it to be in the public interest to inquire whether any such violation may exist, the board or the director through the Attorney General, or the Attorney General acting independently, may exercise any of the following investigative powers:

Require any person to file on such form as may be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of any act or practice subject to an act or regulation administered by the board;
Examine under oath any person in connection with any act or practice subject to an act or regulation administered by the board;
Inspect any premises from which a practice or activity subject to an act or regulation administered by the board is conducted;
Examine any goods, ware or item used in the rendition of a practice or activity subject to an act or regulation administered by the board;
Examine any record, book, document, account or paper prepared or maintained by or for any professional or occupational licensee in the regular course of practicing such profession or engaging in such occupation or any individual engaging in practices subject to an act or regulation administered by the board. Nothing in this subsection shall require the notification or consent of the person to whom the record, book, account or paper pertains, unless otherwise required by law;
For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, goods, ware, or item used, prepared or maintained by or for any board licensee in the regular course of practicing such profession or engaging in such occupation or any individual engaging in a practice or activity subject to an act or regulation administered by the board. In such cases as may be necessary, the Superior Court may, on application of the Attorney General, issue an order sealing items or material subject to this subsection;
Require any board licensee, permit holder or registered or certified person to submit to an assessment of skills to determine whether the board licensee, permit holder or registered or certified person can continue to practice with reasonable skill and safety; and
Whenever a board, the director through the Attorney General, or the Attorney General investigates a consumer complaint, the board, director or the Attorney General, as applicable, shall render a final disposition of the inquiry within 120 days of the filing of the complaint; except that the 120-day period shall be tolled, based upon the documented approval of the Attorney General or the Attorney General's designee, whenever additional time is required: to obtain information, records or evidence sought pursuant to this section that is necessary for the investigation or disposition of the consumer complaint; for the board, director or the Attorney General, as the case may be, to consider additional information furnished more than 30 days after the filing of the complaint; to conduct an administrative hearing in a contested case; for expert consultation related to the subject matter under investigation; because a complaint is, or becomes, the subject of a criminal investigation or prosecution; or for other good cause shown due to extraordinary or unforeseen circumstances. The number of consumer complaints for which tolling of the 120-day period is approved shall be reported to the Attorney General on a monthly basis, and this information shall be provided to the Legislature on a semi-annual basis. Nothing in this subsection shall be construed as affecting the jurisdiction of a board, the director through the Attorney General or the Attorney General.

In order to accomplish the objectives of this act or any act or regulation administered by a board, the Attorney General may hold such investigative hearings as may be necessary and the board, director or Attorney General may issue subpoenas to compel the attendance of any person or the production of books, records or papers at any such hearing or inquiry.

45:1-18.1 Findings, declarations relative to unauthorized practice of certain occupations, professions.

The Legislature finds and declares that:

The regulation of certain professions or occupations through the Director of the Division of Consumer Affairs or the boards or committees within the Division of Consumer Affairs in the Department of Law and Public Safety is necessary to protect the health, safety and welfare of the residents of this State;
The unauthorized practice of a regulated profession or occupation inures to the detriment of the public;
The professional and occupational licensing boards and committees within the Division of Consumer Affairs in the Department of Law and Public Safety are unable to consistently and effectively prevent and sanction the unauthorized practice of regulated professions and occupations due, in part, to limitations in the investigative and enforcement powers currently afforded to the boards and commissions, and to the applicable procedures available to address these issues; and
It is therefore necessary and appropriate to protect the health, safety and welfare of the residents of this State to provide the Director of the Division of Consumer Affairs and the boards and committees within the Division of Consumer Affairs with additional investigative and enforcement powers and enhanced procedures to more effectively deter individuals from engaging in the unauthorized practice of a regulated profession or occupation.

45:1-18.2 Exercise of investigative power.

The Director of the Division of Consumer Affairs or any board or committee within the division may exercise its investigative power pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) whenever there is reason to believe that there has been a violation of any applicable law or regulation by a person who:
1. is not licensed, certified, or otherwise permitted by law or regulation to practice a profession or occupation and who represents to the public by any means, that he is able to practice a profession or occupation regulated under Title 45 of the Revised Statutes; or
2. has engaged or is engaging in the unauthorized practice of a profession or occupation regulated under Title 45 of the Revised Statutes in violation of any law or regulation administered by the director or a board or committee within the Division of Consumer Affairs.
Any person who, following notice and a hearing, has been found to have engaged in the conduct specified in paragraph (1) or (2) of subsection a. of this section shall:
1. immediately cease and desist from practicing that profession or occupation, as ordered by the director or a board or committee; and
2. be liable to a penalty of not more than $10,000 for the first offense, and not more than $20,000 for each subsequent offense, to be recovered by the director or the board or committee within the Division of Consumer Affairs.
Any proceeding instituted pursuant to this section shall be in addition to any other proceeding authorized by section 10 of P.L.1978, c.73 (C.45:1-23), or by any other law.

45:1-18.3 Regulations.

The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.

45:1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpena; penalty

If any person shall fail or refuse to file any statement or report or refuse access to premises from which a licensed profession or occupation is conducted in any lawfully conducted investigative matter or fail to obey a subpena issued pursuant to this act, the Attorney General may apply to the Superior Court and obtain an order:

Adjudging such person in contempt of court; or
Granting such other relief as may be required; or
Suspending the license of any such person unless and until compliance with the subpena or investigative demand is effected.

45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution

If any person shall refuse to testify or produce any book, paper, or other document in any proceeding under this act for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty or forfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper, or document by the Attorney General, he shall comply with such direction. A person who is entitled by law to, and does assert such privilege, and who complies with such direction of the Attorney General shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any criminal proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury or false swearing committed by him in giving such testimony or from any civil or administrative action arising from such testimony.

45:1-21 Refusal to license or renew, grounds.

A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license:

Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;
Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;
Has engaged in repeated acts of negligence, malpractice or incompetence;
Has engaged in professional or occupational misconduct as may be determined by the board;
Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the board. For the purpose of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;
Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section;
Has violated or failed to comply with the provisions of any act or regulation administered by the board;
Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare;
Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in conjunction with, such applications, required to be filed with the Department of Environmental Protection;
Has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L.1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civilpenalties under that act against the applicant or holder;
Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;
Has prescribed or dispensed controlled dangerous substances indiscriminately or without good cause, or where the applicant or holder knew or should have known that the substances were to be used for unauthorized consumption or distribution;
Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the board, or aided and abetted an unlicensed person or entity in performing such an act;
Advertised fraudulently in any manner. The division is authorized, for purposes of facilitating determinations concerning licensure eligibility, to require the fingerprinting of each applicant in accordance with applicable State and federal laws, rules and regulations. Each applicant shall submit the applicant's name, address, and written consent to the director for a criminal history record background check to be performed. The division is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. Upon receipt of such notification, the division shall forward the information to the appropriate board which shall make a determination regarding the issuance of licensure. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check, unless otherwise provided for by an individual enabling act. The Division of State Police shall promptly notify the division in the event an applicant or licensee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed.

For purposes of this act:

"Completed application" means the submission of all of the information designated on the checklist, adopted pursuant to section 1 of P.L.1991, c.421 (C.13:1D-101), for the class or category of permit for which application is made.

"Permit" has the same meaning as defined in section 1 of P.L.1991, c.421 (C.13:1D-101).

45:1-21.1. Information on DEP application compliance, seminar attendance

A board obtaining information from the Department of Environmental Protection pursuant to section 1 of P.L.1991, c.418 (C.13:1D-110) on the compliance of a member of a regulated profession with the requirements for completed applications of the department, shall annually develop a detailed written summary of the information gathered by the department pursuant to P.L.1991, c.418 (C.13:1D-110) regarding compliance with the department's requirements for completed applications and attendance records for continuing education seminars required to be filed with the department pursuant to section 2 of P.L.1991, c.419 (C.13:1D-117).
Any reasonable costs incurred in preparation of the report required pursuant to this section may be included in the charges authorized pursuant to P.L.1974, c.46 (C.45:1-3.2).
Information required to be compiled by a board pursuant to this section, shall be deemed to be public records subject to the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.).

45:1-21.2 Suspension of certain licenses, registrations, certifications for failure to repay student loans.

The director or a board shall suspend, as appropriate, after a hearing, the license, registration or certification of any person who has been certified by a lender or guarantor and reported to the director or the board, as the case may be, for nonpayment or default of a State or federal direct or guaranteed educational loan. The license, registration or certification shall not be reissued until the person provides the director or board with a written release issued by the lender or guarantor stating that the person has cured the default or is making payments on the loan in accordance with a repayment agreement approved by the lender or guarantor. If the person has continued to meet all other requirements for licensure, registration or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director or the board may impose.

45:1-21.3 Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice.

A health care professional licensed or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L.2003, c.191 (C.30:6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L.2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual's professional license or other authorization to practice as a health care professional by the appropriate licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety, after appropriate notice and opportunity for a hearing.

45:1-21.4 Certain information relative to address of certain applicants, licensees; nondisclosure.

Notwithstanding any other law, rule or regulation to the contrary, the director or a board shall not disclose to the public information indicating the place of residence of any applicant for or holder of a license, registration or certification without the consent of the applicant or holder, except for such disclosure to a federal or State regulatory authority or a law enforcement or judicial authority.

45:1-22 Additional, alternative penalties.

In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, registration or certificate issued by it, a board may, after affording an opportunity to be heard:

Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practice which in the judgment of the board upon consideration of all relevant facts and circumstances does not warrant the initiation of formal action;
Assess civil penalties in accordance with this act;
Order that any person violating any provision of an act or regulation administered by such board to cease and desist from future violations thereof or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board;
Order any person found to have violated any provision of an act or regulation administered by such board to restore to any person aggrieved by an unlawful act or practice, any moneys or property, real or personal, acquired by means of such act or practice; provided, however, no board shall order restoration in a dollar amount greater than those moneys received by a licensee or his agent or any other person violating the act or regulation administered by the board;
Order any person, as a condition for continued, reinstated or renewed licensure, to secure medical or such other professional treatment as may be necessary to properly discharge licensee functions;
Order any person, as a condition for continued, reinstated or renewed licensure, to submit to any medical or diagnostic testing and monitoring or psychological evaluation which may be required to evaluate whether continued practice may jeopardize the safety and welfare of the public;
Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to take and successfully complete educational training determined by the board to be necessary;
Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to submit to any supervision, monitoring or limitation on practice determined by the board to be necessary.

A board may, upon a duly verified application of the Attorney General that either provides proof of a conviction of a court of competent jurisdiction for a crime or offense involving moral turpitude or relating adversely to the regulated profession or occupation, or alleges an act or practice violating any provision of an act or regulation administered by such board, enter a temporary order suspending or limiting any license issued by the board pending plenary hearing on an administrative complaint; provided, however, no such temporary order shall be entered unless the application made to the board palpably demonstrates a clear and imminent danger to the public health, safety and welfare and notice of such application is given to the licensee affected by such order. If, upon review of the Attorney General's application, the board determines that, although no palpable demonstration of a clear and imminent danger has been made, the licensee's continued unrestricted practice pending plenary hearing may pose a risk to the public health, safety and welfare, the board may order the licensee to submit to medical or diagnostic testing and monitoring, or psychological evaluation, or an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety.

In any administrative proceeding commenced on a complaint alleging a violation of an act or regulation administered by a board, such board may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint.

45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity

Whenever it shall appear to a board, the director or the Attorney General that a violation of any act, including the unlicensed practice of the regulated profession or occupation, or regulation administered by such board has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice. In any such proceeding the court may assess a civil penalty in accordance with the provisions of this act, order restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful act or practice and may enter such orders as may be necessary to prevent the performance of an unlawful practice in the future and to fully remedy any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by a board.

45:1-24. Failure to pay penalties; enforcement

Upon the failure of any person to comply within 10 days after service of any order of a board directing payment of penalties or restoration of moneys or property, the Attorney General or the secretary of such board may issue a certificate to the Clerk of the Superior Court that such person is indebted to the State for the payment of such penalty and the moneys or property ordered restored. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the board's order.

An action to enforce the provisions of any order entered by a board or to collect any penalty levied thereby may be brought in any municipal court or the Superior Court in summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in such action shall be by summons or warrant, and in the event that the defendant fails to answer such action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing such person before the court to satisfy any order entered.

45:1-25 Violations, penalties.

Any person who engages in any conduct in violation of any provision of an act or regulation administered by a board shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $10,000 for the first violation and not more than $20,000 for the second and each subsequent violation. For the purpose of construing this section, each act in violation of any provision of an act or regulation administered by a board shall constitute a separate violation and shall be deemed a second or subsequent violation under the following circumstances:
1. an administrative or court order has been entered in a prior, separate and independent proceeding;
2. the person is found within a single proceeding to have committed more than one violation of any provision of an act or regulation administered by a board; or
3. the person is found within a single proceeding to have committed separate violations of any provision of more than one act or regulation administered by a board.
In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of any board for the collection or enforcement of civil penalties for the violation of any provision of an act or regulation administered by such board. Such action may be brought in summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal court where the offense occurred. Process in such action may be by summons or warrant and in the event that the defendant in such action fails to answer such action, the court shall, upon finding an unlawful act or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring such person before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice.
Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court.
In any action brought pursuant to this act, a board or the court may order the payment of costs for the use of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees and costs, and transcript costs.

45:1-26. Repeal of inconsistent acts and parts of acts

All acts and parts of acts inconsistent with this act are hereby superseded and repealed.

45:1-27. Severability

If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable.

45:1-28 Definitions relative to criminal history background checks for health care professionals.

As used in this act:

"Applicant" means an applicant for the licensure or other authorization to engage in a health care profession.

"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee or the State Board of Polysomnography.

Health care professional shall not include a nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83) or a homemaker-home health aide who is required to undergo a criminal history record background check pursuant to section 7 of P.L.1997, c.100 (C.45:11-24.3).

"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.

45:1-29 Criminal history record background check required for licensure of health care professional.

A professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety or the director who regulates the practice of a health care professional, as applicable, shall not issue an initial license or other authorization to practice a health care profession that is regulated by that board or the director to any applicant therefor unless the board or director, as applicable, first determines, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may disqualify the applicant from being licensed or otherwise authorized to practice as a health care professional.
A board or the director, as applicable, shall not renew or, if renewed, shall revoke a license or other authorization to practice a health care profession that is regulated by that board or the director of any applicant therefor unless the board or director determines, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may provide grounds for the refusal to renew the license or other authorization to practice as a health care professional.

The director shall establish, by regulation, a schedule of dates by which the requirements of this subsection shall be implemented, so that all licensees will have been required to submit to a criminal history record background check beginning no later than four years after the effective date of P.L.2005, c.83 (C.45:1-33 et al.).

The director may, in an emergent circumstance, temporarily waive the requirement to undergo a criminal history record background check as a condition of renewal of a license or other authorization to practice a health care profession.

45:1-30 Submission of information by applicant or licensee.

An applicant or licensee who is required to undergo a criminal history record background check pursuant to section 2 of P.L.2002, c.104 (C.45:1-29) shall submit to the director that individual's name, address and fingerprints taken on standard fingerprint cards, or through any equivalent means, by a State or municipal law enforcement agency or by a private entity under contract with the State. The director is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required pursuant to this act.
Upon receipt of the criminal history record information for an applicant or licensee from the Federal Bureau of Investigation or the Division of State Police, the director shall immediately notify the board, as applicable.
If an applicant refuses to consent to, or cooperate in, the securing of a criminal history record background check, the board or director, as applicable, shall not issue a license or other authorization to practice a health care profession to the applicant and shall notify the applicant of that denial.
If a licensee refuses to consent to, or cooperate in, the securing of a criminal history record background check as required during the licensure or other authorization renewal process, the board or director, as applicable, shall refuse to renew the license or other authorization of the licensee, without a hearing, and shall notify the licensee of that denial.
A licensee who:
1. has permitted a license or other authorization to lapse or whose license or other authorization has been suspended, revoked or otherwise has had licensure or other authorization privileges restricted, and
2. has not already submitted to a criminal history record background check, shall be required to submit fingerprints as part of the licensure or other authorization reinstatement process. If a reinstatement applicant refuses to consent to, or cooperate in, the securing of a criminal history record background check as required during the reinstatement process, the board or director, as applicable, shall automatically deny reinstatement of the license or other authorization, without a hearing, and shall notify the licensee of that denial.

45:1-31 Applicant or licensee to assume cost.

An applicant or licensee shall be required to assume the cost of the criminal history record background check conducted pursuant to sections 1 through 3 of P.L.2002, c.104 (C.45:1-28 through 45:1-30) and section 14 of P.L.1997, c.100 (C.53:1-20.9a), in accordance with procedures determined by regulation of the director.

45:1-32. Rules, regulations

The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

45:1-33 Short title.

This act shall be known and may be cited as the "Health Care Professional Responsibility and Reporting Enhancement Act."

45:1-34 Definitions relative to healthcare professionals.

As used in sections 9 through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and C.26:2H-12.2d and C.45:1-40):

"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety which licenses or otherwise authorizes a health care professional to practice a health care profession.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety;

"Health care entity" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a health maintenance organization authorized to operate pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et seq.), a State or county psychiatric hospital, a State developmental center, a staffing registry, and a home care services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23).

"Health care professional" means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs or by one of the following boards: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council and the Certified Psychoanalysts Advisory Committee.

"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.

"Review panel" means the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8).

45:1-35 Immunity from civil liability.

A health care entity, health care professional or any other person who provides to the division, a board or the review panel, in good faith and without malice, any information concerning an act by a health care professional which the person has reasonable cause to believe involves misconduct that may be subject to disciplinary action by the division, board or review panel, as applicable, or any information relating to such conduct requested by the division, board or review panel in the exercise of its statutory responsibilities or which may be required by statute, shall not be liable for civil damages in any cause of action arising out of the provision of such information or services.

45:1-36 Confidentiality of information.

Any information provided to the division or a board concerning the conduct of a health care professional, pursuant to section 2 of P.L.2005, c.83 (C.26:2H-12.2b), section 5 of P.L.1978, c.73 (C.45:1-18) or any other provision of law, shall be treated as confidential pending final disposition of the inquiry or investigation, except for that information required to be shared with the Attorney General, Department of Health and Senior Services or any other government agency.

If the result of the inquiry or investigation is a finding of no basis for disciplinary action, the information shall remain confidential, except that the board or division, as applicable, may release the information to a government agency to facilitate the discharge of its public responsibilities.

The provisions of this section shall not apply to information that the division, or its designated agent, is required to include in a physician's profile pursuant to P.L.2003, c.96 (C.45:9-22.21 et seq.).

45:1-38 Notification to board relative to impairment, misconduct of health care professional.

45:1-37 Notification to division of impairment of health care professional.

A health care professional shall promptly notify the division if that health care professional is in possession of information which reasonably indicates that another health care professional has demonstrated an impairment, gross incompetence or unprofessional conduct which would present an imminent danger to an individual patient or to the public health, safety or welfare. A health care professional who fails to so notify the division is subject to disciplinary action and civil penalties pursuant to sections 8, 9 and 12 of P.L.1978, c.73 (C.45:1-21, 45:1-22 and 45:1-25).
A health care professional shall be deemed to have satisfied the reporting requirement concerning another health care professional's impairment by promptly providing notice to the division, the board or a professional assistance or intervention program approved or designated by the division or a board to provide confidential oversight of the licensee.
1. There shall be no private right of action against a health care professional for failure to comply with the notification requirements of this section.
2. There shall be no private right of action against a health care entity if a health care professional who is employed by, under contract to render professional services to, or has privileges granted by, that health care entity, or who provides such services pursuant to an agreement with a health care services firm or staffing registry, fails to comply with the notification requirements of this section.
A health care professional who provides notification to the division, board or review panel, in good faith and without malice, about a health care professional who is impaired or grossly incompetent or who has demonstrated unprofessional conduct, pursuant to this section, is not liable for civil damages to any person in any cause of action arising out of the notification.
Notwithstanding the provisions of this section to the contrary, a health care professional is not required to provide notification pursuant to this section about an impaired or incompetent health care professional if the health care professional's knowledge of the other health care professional's impairment or incompetence was obtained as a result of rendering treatment to that health care professional.

Upon receipt of notice from a health care entity, or any employee thereof, pursuant to section 2 of P.L.2005,c.83 (C.26:2H-12.2b), notice from a health care professional pursuant to section 12 of P.L.2005, c.83 (C.45:1-37) or information concerning the conduct of a health care professional pursuant to section 10 of P.L.2005, c.83 (C.45:1-35), the division shall promptly notify the board that issued the license or other authorization to practice to the person to whom the notice relates.

The division or board, as applicable, shall initiate an investigation concerning the information received and obtain any additional information that may be necessary in order to determine if disciplinary charges should be pursued or if an application to temporarily suspend or otherwise limit the health care professional's license or other authorization to practice should be initiated.
The division or the board may seek the assistance of a consultant or other knowledgeable person in evaluating the information and may request the board or the Attorney General to exercise investigative powers pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) in the conduct of its investigation.
If the Attorney General files charges based on information derived from the notice from a health care entity or if the board revokes or permanently or temporarily suspends or otherwise limits the license or other authorization to practice of a health care professional, the board shall notify each health care entity with which the health care professional is affiliated.

45:1-39 Fraud, misrepresentation, deception; disciplinary proceedings.

Any health care professional seeking to become employed by, enter into a contract to render professional services to, or obtain privileges at, a health care entity, or provide professional services pursuant to an agreement with a health care services firm or staffing registry, who engages in fraud, misrepresentation or deception in the application or credentialing process shall be subject to disciplinary proceedings, pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).

45:1-40 Health Care Professional Information Clearinghouse Coordinator.

The Division of Consumer Affairs in the Department of Law and Public Safety shall employ a full-time Health Care Professional Information Clearinghouse Coordinator to assist the Director of the Division of Consumer Affairs in compiling and disseminating to the appropriate licensing board or other applicable entity the information reported to the division by health care entities and professionals pursuant to this act and such other information as specified by the director.
The director shall provide that the professional and occupational licensing boards which license or otherwise authorize a health care professional to practice a health care profession with professional and administrative staff as may be needed to carry out the purposes of this act.

45:1-41 Rules, regulations.

The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.
The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

45:1-42 Definitions relative to establishment of alternate testing dates for certain license applicants.

As used in this act:

"Applicant" means an individual to whom a licensing examination is administered.

"Affected applicant" means an applicant for whom a day of religious observance falls on the day or portion thereof that a licensing examination is administered.

"Day of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on any applicant's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a Sabbath or other holy day or days in accordance with the requirements of his religion.

"Licensing examination" means any test or examination that is given and used to determine whether an applicant is qualified for licensure, registration or certification by a professional or occupational board or the director, pursuant to Title 45 of the Revised Statutes.

45:1-43 Offering of alternate testing dates for examination.

When any licensing examination is administered on a day of religious observance, a special administration of that licensing examination or an equivalent examination shall be offered to any affected applicant as soon after or before as is possible, at a comparable time, place and cost, provided that in no circumstances shall the special administration be more than 30 days before or after the regular test administration.

45:1-44 Definitions.

Definitions. As used in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50):

"Controlled dangerous substance" means any substance that is listed in Schedules II, III and IV of the schedules provided under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.). Controlled dangerous substance also means any substance that is listed in Schedule V under the "New Jersey Controlled Dangerous Substances Act" when the director has determined that reporting Schedule V substances is required by federal law, regulation or funding eligibility.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Practitioner" means an individual currently licensed, registered or otherwise authorized by this State or another state to prescribe drugs in the course of professional practice.

"Ultimate user" means a person who has obtained from a dispenser and possesses for his own use, or for the use of a member of his household or an animal owned by him or by a member of his household, a controlled dangerous substance.

45:1-45 Prescription monitoring program; requirements.

Prescription Monitoring Program; requirements.

There is established the Prescription Monitoring Program in the Division of Consumer Affairs in the Department of Law and Public Safety. The program shall consist of an electronic system for monitoring controlled dangerous substances that are dispensed in or into the State by a pharmacist in an outpatient setting.
Each pharmacy permit holder shall submit, or cause to be submitted, to the division, by electronic means in a format and at such intervals as are specified by the director, information about each prescription for a controlled dangerous substance dispensed by the pharmacy that includes:
1. The surname, first name, and date of birth of the patient for whom the medication is intended;
2. The street address and telephone number of the patient;
3. The date that the medication is dispensed;
4. The number or designation identifying the prescription and the National Drug Code of the drug dispensed;
5. The pharmacy permit number of the dispensing pharmacy;
6. The prescribing practitioner's name and Drug Enforcement Administration registration number;
7. The name, strength and quantity of the drug dispensed, the number of refills ordered, and whether the drug was dispensed as a refill or a new prescription;
8. The date that the prescription was issued by the practitioner;
9. The source of payment for the drug dispensed; and
10. Such other information, not inconsistent with federal law, regulation or funding eligibility requirements, as the director determines necessary.

The pharmacy permit holder shall submit the information to the division with respect to the prescriptions dispensed during the reporting period not less frequently than every 30 days, or according to a schedule to be determined by the director if federal law, regulation or funding eligibility otherwise requires.

The division may grant a waiver of electronic submission to any pharmacy permit holder for good cause, including financial hardship, as determined by the director. The waiver shall state the format in which the pharmacy permit holder shall submit the required information.
The requirements of this act shall not apply to: the direct administration of a controlled dangerous substance to the body of an ultimate user; or the administration or dispensing of a controlled dangerous substance that is otherwise exempted as determined by the Secretary of Health and Human Services pursuant to the "National All Schedules Prescription Electronic Reporting Act of 2005," Pub.L.109-60.

45:1-45.1 Information required for monitoring; rules, regulations.

A physician who provides a certification or written instruction for the medical use of marijuana to a qualifying patient pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) and any alternative treatment center shall furnish to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety such information, in such a format and at such intervals, as the director shall prescribe by regulation, for inclusion in a system established to monitor the dispensation of marijuana in this State for medical use as authorized by the provisions of P.L.2009, c.307 (C.24:6I-1 et al.), which system shall serve the same purpose as, and be cross-referenced with, the electronic system for monitoring controlled dangerous substances established pursuant to section 25 of P.L.2007, c.244 (C.45:1-45).
The Director of the Division of Consumer Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Commissioner of Health and Senior Services, shall adopt rules and regulations to effectuate the purposes of subsection a. of this section.
Notwithstanding any provision of P.L.1968, c.410 to the contrary, the Director of the Division of Consumer Affairs shall adopt, immediately upon filing with the Office of Administrative Law and no later than the 90th day after the effective date of P.L.2009, c.307 (C.24:6I-1 et al.), such regulations as the director deems necessary to implement the provisions of subsection a. of this section. Regulations adopted pursuant to this subsection shall be effective until the adoption of rules and regulations pursuant to subsection b. of this section and may be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410.

45:1-46 Access to prescription information.

Access to prescription information.

The division shall maintain procedures to ensure privacy and confidentiality of patients and that patient information collected, recorded, transmitted and maintained is not disclosed, except as permitted in this section, including, but not limited to, the use of a password-protected system for maintaining this information and permitting access thereto as authorized under sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), and a requirement that a person as listed in subsection d. of this section provide on-line affirmation of the person's intent to comply with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) as a condition of accessing the information.
The prescription monitoring information submitted to the division shall be confidential and not be subject to public disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or P.L.2001, c.404 (C.47:1A-5 et al.).
The division shall review the prescription monitoring information provided by a pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). If the division determines that a violation of law or regulations, or a breach of the applicable standards of practice, may have occurred, the division shall notify the appropriate law enforcement agency or professional licensing board, and provide the prescription monitoring information required for an investigation.
The division may provide prescription monitoring information to the following persons:
1. a practitioner authorized to prescribe, dispense or administer controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient of the practitioner. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a practitioner to access or check the prescription monitoring information prior to prescribing, dispensing or administering medications beyond that which may be required as part of the practitioner's professional practice;
2. a pharmacist authorized to dispense controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a pharmacist to access or check the prescription monitoring information prior to dispensing medications beyond that which may be required as part of the pharmacist's professional practice;
3. a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, New Jersey Board of Nursing, New Jersey State Board of Optometrists, New Jersey State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that he is engaged in a bona fide specific investigation of a designated practitioner whose professional practice was or is regulated by that board;
4. a State, federal or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner or patient;
5. a designated representative of a state Medicaid or other program who certifies that he is engaged in a bona fide investigation of a designated practitioner or patient;
6. a properly convened grand jury pursuant to a subpoena properly issued for the records;
7. authorized personnel of the division or vendor or contractor responsible for establishing and maintaining the program; and
8. the controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement.
A person listed in subsection d. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall certify, by means of entering an online statement in a form and manner prescribed by regulation of the director, the reasons for seeking to obtain that information.
The division shall offer an on-line tutorial for those persons listed in subsection d. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights and responsibilities of persons who are the subject of or access this information and the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule.
The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research or educational purposes.

45:1-47 Prescription monitoring program; provisions for expansion.

Prescription Monitoring Program; provisions for expansion.

Notwithstanding the provisions of section 25 of P.L.2007, c.244 (C.45:1-45) to the contrary, the director may adopt a regulation to expand the program to include information about each prescription dispensed for a prescription drug that is not a controlled dangerous substance. In determining whether a prescription drug other than a controlled dangerous substance should be monitored, the director shall consider: the actual or relative potential for abuse; scientific evidence of its pharmacological effect, if known; the state of current scientific knowledge regarding the drug; its history and current pattern of abuse; the scope, duration and significance of abuse; what, if any, risk to the public health; and its psychic or physiological dependence liability. The regulation shall provide that the prescription drug shall be monitored for a period of time. At the conclusion of the monitoring period, the director shall publish and make public the decision of whether inclusion of the prescription drug in the program shall be permanent.
At the time the notice to expand the program pursuant to subsection a. is published in the New Jersey Register, the director shall provide a copy of the notice of proposed rule making to the chairpersons of the standing legislative reference committees on health of the Senate and General Assembly.

45:1-48 Immunity from liability.

Immunity from liability.

The division shall be immune from civil liability arising from inaccuracy of any of the information submitted to it pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
A pharmacy permit holder, pharmacist or practitioner shall be immune from civil liability arising from compliance with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).

45:1-49 Penalties.

Penalties.

A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of P.L.2007, c.244 (C.45:1-45), who knowingly fails to submit data as required, shall be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21) and may be subject to a civil penalty in an amount not to exceed $1,000 for repeated failure to comply with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
1. A pharmacy permit holder, pharmacist or practitioner, or any other person or entity who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be subject to a civil penalty in an amount not to exceed $10,000.
2. A pharmacy permit holder, pharmacist, or practitioner who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall also be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
A penalty imposed under this section shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

45:1-50 Authority to contract.

Authority to contract. The division may contract with one or more vendors to establish and maintain the Prescription Monitoring Program pursuant to guidelines established by the director.

45:1-51 Rules, regulations.

Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs shall adopt rules and regulations necessary to effectuate the purposes of sections 24 through 30 of P.L.2007, c.244 (C.45:1-44 through C.45:1-50).

45:1-52 Continuation of regulations.

Continuation of regulations. Orders, rules and regulations concerning implementation of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, issued or promulgated by the Department of Health and Senior Services prior to the effective date of P.L.2007, c.244 (C.24:21-54 et al.), shall continue with full force and effect until amended or repealed by the Division of Consumer Affairs pursuant to law.

45:1-53 Submission of bill to Medicare beneficiary by health care professional; reporting of nonpayment.

A health care professional licensed pursuant to Title 45 of the Revised Statutes, who provides a health care service to a Medicare beneficiary, shall bill the beneficiary, within 90 days from the date the payment from Medicare or other third party payer is finalized for any amounts due and owing for the service that are not reimbursed by the Medicare program or other third party payer.
In the event the health care professional does not submit a bill to the beneficiary within 90 days from the date the payment from Medicare or other third party payer is finalized, the health care professional shall not be permitted to report any nonpayment of the bill by the beneficiary to a consumer reporting agency.
A health care professional who violates the provisions of this section shall be subject to such penalties as the Director of Consumer Affairs in the Department of Law and Public Safety may determine pursuant to sections 9 and 12 of P.L.1978, c.73 (C.45:1-22 and 45:1-25).
As used in this section:
"Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility for the purpose of preparing or furnishing consumer reports.

Physical Therapist Licensing Act

45:9-37.11. Short title

This act shall be known and may be cited as the "Physical Therapist Licensing Act of 1983."

45:9-37.12. Legislative findings and declarations

The Legislature finds and declares that the public interest requires the regulation of the practice of physical therapy and the establishment of clear licensure standards for physical therapists; and that the health and welfare of the citizens of this State will be protected by identifying to the public those individuals who are qualified and legally authorized to practice physical therapy.

45:9-37.13 Definitions.

As used in P.L.1983, c.296 (C.45:9-37.11 et seq.):

"Board" means the State Board of Physical Therapy Examiners established pursuant to section 5 of P.L.1983, c.296 (C.45:9-37.15).

"Direct supervision" means the presence of the supervising physical therapist on site, available to respond to any consequence occurring during any treatment procedure.

"Dry needling" means a physical intervention that uses a dry, filiform needle, without medication or other deliverable, to penetrate the skin and stimulate underlying muscular tissue, connective tissues, or myofascial trigger points for the management of neuromusculoskeletal pain and movement impairments. "Dry needling" shall not mean the stimulation of auricular or distal points or the practice of acupuncture as defined by section 2 of P.L.1983, c.7 (C.45:2C-2).

"General supervision" means supervision by a physical therapist in which: the physical therapist shall be available at all times by telecommunications but is not required to be on-site for direction and supervision; and the supervising physical therapist assesses on an ongoing basis the ability of the physical therapist assistant to perform the selected interventions as directed.

"Physical therapist" means a natural person who holds a current, valid license to practice physical therapy pursuant to the provisions of P.L.1983, c.296 (C.45:9-37.11 et seq.) and in accordance with regulations of the board.

"Physical therapist assistant" means a natural person who is licensed pursuant to the provisions of P.L.1983, c.296 (C.45:9-37.11 et seq.) and who assists a licensed physical therapist under his direct or general supervision in accordance with P.L.1983, c.296 (C.45:9-37.11 et seq.) and regulations of the board.

"Physical therapy" and "physical therapy practice" mean the identification of physical impairment, movement-related functional limitation, or balance disorder that occurs as a result of injury or congenital or acquired disability, or other physical dysfunction through examination, evaluation and diagnosis of the physical impairment or movement-related functional limitation and the establishment of a prognosis for the resolution or amelioration thereof, and treatment of the physical impairment or movement-related functional limitation, which shall include, but is not limited to, the alleviation of pain, physical impairment and movement-related functional limitation by therapeutic intervention, including treatment by means of manual therapy techniques and massage, dry needling, electro-therapeutic modalities, wound debridement and care, the use of physical agents, mechanical modalities, hydrotherapy, therapeutic exercises with or without assistive devices, neurodevelopmental procedures, joint mobilization, movement-related functional training in self-care, providing assistance in community and work integration or reintegration, providing training in techniques for the prevention of injury, impairment, movement-related functional limitation, or dysfunction, providing consultative, educational, other advisory services, and collaboration with other health care providers in connection with patient care, and such other treatments and functions as may be further defined by the board by regulation.

"Physical therapy" and "physical therapy practice" also include the screening, examination, evaluation, and application of interventions for the promotion, improvement, and maintenance of fitness, health, wellness, and prevention services in populations of all ages exclusively related to physical therapy practice.

"Wound debridement and care" means the removal of loosely adhered necrotic and nonviable tissue, by a physical therapist, to promote healing, done in conjunction with a physician or podiatric physician.

45:9-37.14 Practice not to authorize other practices.

1. (Deleted by amendment, P.L.2003, c.18).
2. Nothing in P.L.1983, c.296 (C.45:9-37.11 et seq.), shall be construed to authorize the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, or prosthetics by any person not licensed to do so pursuant to Title 45 of the Revised Statutes.
3. Nothing in P.L.1983, c.296 (C.45:9-37.11 et seq.), shall authorize the practice of dentistry by any person not licensed to do so pursuant to chapter 6 of Title 45 of the Revised Statutes.

45:9-37.15 State Board of Physical Therapy Examiners.

There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Physical Therapy Examiners. The board shall consist of 11 members who are residents of the State, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). Of the remaining eight members six shall be licensed physical therapists who have been actively engaged in the practice of physical therapy in this State for at least five years immediately preceding their appointment, one shall be a licensed physical therapist assistant who has been actively engaged in practice as a physical therapist assistant for at least five years immediately preceding his appointment, and one shall be a physician licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.

The Governor shall appoint members to the board with the advice and consent of the Senate. The Governor shall appoint each member for a term of three years, except that of the physical therapist members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and two shall serve for a term of one year. Each member shall hold office until the member's successor has been qualified. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which the member has been appointed. Upon a vacancy in the membership of the board, any professional association of physical therapists and physical therapist assistants, or individual, may submit recommendations to the Governor for his consideration. The Governor may remove any member of the board for cause, which may include, but shall not be limited to, professional misconduct and repeated failure to attend board meetings.

45:9-37.16. Compensation and reimbursement of expenses

Members of the board shall be compensated and reimbursed for expenses and provided with office and meeting facilities pursuant to section 2 of P.L.1977, c. 285 (C. 45:1-2.5).

45:9-37.17. Officers; meetings

The board shall annually elect from among its members a chairman, vice-chairman and a secretary. The board shall meet twice per year and may hold additional meetings as necessary to discharge its duties.

45:9-37.18 Duties of board.

1. The board shall:
  1. Administer and enforce the provisions of P.L.1983, c.296 (C.45:9-37.11 et seq.) and P.L.2003, c.18 (C.45:9-37.34b et al.);
  2. Establish procedures for application for licensure;
  3. Establish standards for, and adopt and administer examinations for licensure;
  4. Review and pass upon the qualifications of applicants for licensure;
  5. Insure the proper conduct and standards of examinations;
  6. Issue and renew licenses to physical therapists and physical therapist assistants pursuant to P.L.1983, c.296 (C.45:9-37.11 et seq.);
  7. Establish disciplinary measures, including but not limited to, suspending, revoking, or refusing to renew the license of a physical therapist or physical therapist assistant pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);
  8. Maintain a record of every physical therapist and physical therapist assistant licensed in this State, his place of business, his place of residence, and the date and number of his license;
  9. Conduct hearings into allegations of misconduct by licensees;
  10. Establish requirements and standards for continuing professional education and competency and approve courses that are eligible to meet these requirements and standards as provided in section 25 of P.L.2003, c.18 (C.45:9-37.34f);
  11. Conduct hearings pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except that the board shall have the right to administer oaths to witnesses, and shall have the power to issue subpoenas for the compulsory attendance of witnesses and the production of pertinent books, papers or records;
  12. Conduct proceedings before any board, agency or court of competent jurisdiction for the enforcement of the provisions of P.L.1983, c.296 (C.45:9-37.11 et seq.) and P.L.2003, c.18 (C.45:9-37.34b et al.);
  13. Conduct investigations as necessary and have the enforcement powers provided pursuant to P.L.1978, c.73 (C.45:1-14 et seq.);
  14. Within 180 days of the effective date of P.L.2003, c.18, establish standards in accordance with the provisions of section 22 of P.L.2003, c.18 (C.45:9-37.34c), in collaboration with the State Board of Medical Examiners and other appropriate professional licensing boards established pursuant to Title 45 of the Revised Statutes, setting forth the conditions under which a physical therapist is required to refer an individual being treated by a physical therapist to or consult with a practitioner licensed to practice dentistry, podiatry or medicine and surgery in this State, or other appropriate licensed health care professional. Pending adoption of the standards:
    1. a physical therapist shall refer any individual who has failed to demonstrate reasonable progress within 30 days of the date of initial treatment to a licensed health care professional; and
    2. a physical therapist, not more than 30 days from the date of initial treatment of functional limitation or pain, shall consult with the individual's licensed health care professional of record as to the appropriateness of the treatment, or, in the event that there is no identified licensed health care professional of record, recommend that the individual consult with a licensed health care professional of the individual's choice;
  15. Establish mechanisms to assure that the public has access to physical therapists' services, and report back to the Senate Health, Human Services and Senior Citizens and Assembly Regulated Professions and Independent Authorities Committees, or their successors, regarding this access;
  16. Within 180 days of the effective date of P.L.2021, c.382 (C.45:9-37.34j et al.), establish standards for the provision of dry needling by a physical therapist pursuant to sections 3 and 4 of P.L.2021, c.382 (C.45:9-37.34j and C.45:9-37.34k), in collaboration with the State Board of Medical Examiners; and
  17. Promulgate rules and regulations necessary for the performance of its duties and the implementation of P.L.1983, c.296 (C.45:9-37.11 et seq.).
2. In addition to the provisions of subsection a. of this section, the board may establish standards of professional behavior.

45:9-37.19 License required to practice, assist at, physical therapy; exceptions.

No person shall practice physical therapy or act as a physical therapist or physical therapist assistant, whether or not compensation is received or expected, unless the person holds a valid license to practice in this State; however, nothing in this section shall be construed to:
1. Prohibit any student enrolled in a school or post-graduate course of physical therapy or in a course of study for training as a physical therapist assistant that is approved or recognized by the board from performing physical therapy or acting as a physical therapist assistant, as appropriate, which is necessary to his course of study;
2. Prohibit any person licensed to practice in this State under any other law from engaging in the practice for which the person is licensed, provided that: the procedures or duties performed by that person are within the scope of that person's practice as established by law and the accepted standards of practice of the profession for which the person is licensed; and the person does not represent himself as a physical therapist or physical therapist assistant;
3. Prohibit any person employed by an agency, bureau or division of the federal government from practicing physical therapy within the scope of his official duties;
4. With the exception of the provisions of section 20 of P.L.1983, c.296 (C.45:9-37.30), prohibit any person licensed to practice in this State under any other law from engaging in the practice for which the person is licensed, provided that: the procedures or duties performed by that person are within the scope of that person's practice as established by law and the accepted standards of practice of the profession for which the person is licensed; and the person does not represent himself as a physical therapist, or physical therapist assistant;
5. Prohibit any student enrolled in a school or post-graduate course of physical therapy or in a course of study for training as a physical therapist assistant that is approved or recognized by the board from performing physical therapy or acting as a physical therapist assistant, as appropriate, which is necessary to his course of study or as part of a pro bono community-based service project under the supervision of a physical therapist licensed by the board;
6. Prohibit an individual who is licensed as a physical therapist in another jurisdiction of the United States or credentialed to practice physical therapy in another country, from teaching, demonstrating or providing physical therapy services in connection with teaching or participating in an educational seminar for no more than 30 days in a calendar year;
7. Prohibit an individual who is licensed as a physical therapist in a jurisdiction of the United States or credentialed in another country from performing physical therapy or acting as a physical therapist assistant, if that individual by contract or employment is providing physical therapy to patients affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in the State for no more than 30 days in a calendar year;
8. Prohibit an individual who is licensed as a physical therapist in another jurisdiction of the United States from entering this State to provide physical therapy during a declared local, State or national disaster or emergency, including a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act, P.L.2005, c.222 (C.26:13-1 et seq.) This exemption applies for no longer than 30 days following the declaration of the emergency. In order to be eligible for this exemption the physical therapist shall notify the board of his intent to practice;
9. Prohibit an individual who is licensed as a physical therapist in another jurisdiction of the United States who is forced to leave his residence or place of employment due to a declared local, State, or national disaster or emergency and due to such displacement seeks to practice physical therapy. This exemption applies for no more than 30 days following the declaration of the emergency. In order to be eligible for this exemption the physical therapist shall notify the board of his intent to practice; or
10. Prohibit an individual who is licensed or certified as a physical therapist assistant in a jurisdiction of the United States and is assisting a licensed physical therapist engaged specifically in activities related to subsections d., e., f., g., and h. of this section.
11. Nothing in this section shall be construed to prohibit an individual who is licensed to practice medicine and surgery in this State from rendering a utilization management decision that limits, restricts or curtails a course of physical therapy care.

45:9-37.20 Supervision of physical therapist assistants; guidelines.

1. No physical therapist shall supervise more physical therapist assistants at any one time than in the opinion of the board can be adequately supervised. Under usual circumstances the maximum number of physical therapist assistants that may be supervised by a physical therapist shall be two, except that, upon application, the board may permit the supervision of a greater number of physical therapist assistants if it feels there would be adequate supervision and the public health and safety would be served.
2. A licensed physical therapist assistant may initiate patient physical therapy treatment consistent with the role of a physical therapist assistant, as defined by the board or otherwise provided in P.L.1983, c.296, (C.45:9-37.11 et seq.) or P.L.2003, c.18 (C.45:9-37.34b et al.), only at the discretion of, and under the direct or general supervision of, a licensed physical therapist, as specified in P.L. 2017, c.121 (C.45:9-37.34g et al.). A licensed physical therapist shall make an onsite visit and actively participate in the treatment of the patient at least every six patient visits or every 14 days, whichever occurs first.
3. When supervising a physical therapist assistant in any off-site setting, the following requirements shall be observed:
  1. A physical therapist shall be accessible by telecommunications to the physical therapist assistant at all times while the physical therapist assistant is treating patients.
  2. There shall be regularly scheduled and documented conferences or communications between the physical therapist and the physical therapist assistant regarding patients, the frequency of which is determined by the needs of the patient and the needs of the physical therapist assistant.
  3. In those situations in which a physical therapist assistant is involved in the care of a patient, a supervisory visit by the physical therapist is to be made: upon the physical therapist assistant's request for a reexamination; when a change in the plan of care is needed; prior to any planned discharge; and in response to a change in the patient's medical status.
4. Within 180 days following the enactment of P.L. 2017, c.121 (C.45:9-37.34g et al.), the board shall establish guidelines concerning the general supervision of physical therapist assistants, including, but not limited to:
  1. On-site review of the plan of care with appropriate revision or termination, completed during a regular physical therapist visit; and
  2. Evaluation of the need for, and a recommendation regarding, utilization of outside resources.

45:9-37.21 Division of fees, payments for referrals.

No physical therapist or physical therapist assistant shall engage directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or pay or accept fees or commissions for referrals for professional services; however, nothing in this section shall be construed to prohibit physical therapists who are members of a professional association or other business entity, properly organized pursuant to law, from making a division of fees among themselves as determined by contract to be necessary to defray joint operating costs or pay salaries, benefits, or other compensation to employees.

45:9-37.22 Requirements for licensure as physical therapist.

To be eligible for licensure as a physical therapist, an applicant shall:
1. Have completed a program in physical therapy from an accredited college or university which has been approved by the board;
2. Successfully complete a written examination approved by the board;
3. Possess at least a master's degree from an accredited college or university, except for an applicant who prior to January 1, 2003, possessed a minimum of a bachelor's degree from an accredited college or university;
4. Have experience satisfactory to the board, in accordance with regulations of the board;
5. Be at least 18 years of age;
6. Be of good moral character; and
7. Meet such other requirements as may be established by the board by regulation.

45:9-37.23 Licensing of graduate of foreign school.

An applicant for licensure who is a graduate of a foreign school of physical therapy shall furnish evidence satisfactory to the board that the applicant:
1. Has completed a course of study in physical therapy which is substantially equivalent to that provided in an accredited program approved by the board;
2. Has successfully completed a written examination approved by the board; and
3. Is a graduate of a recognized college or university.

45:9-37.24 Application, renewal, reinstatement fees.

1. A fee established by the board by regulation shall accompany each application for licensure. Licenses shall expire biennially at a time established by the board and may be renewed upon submission of a renewal application to the board. If the renewal fee is not paid by the designated date, the license shall automatically expire, but may be reinstated by the board within two years of its expiration date upon payment of a reinstatement fee. The license fee payable to the board for a new or reinstated license may be pro rated at the discretion of the board. Reinstatement of a license may include a requirement that renewal of a lapsed license be renewed under the procedures established for initial licensure.
2. Fees shall be established, prescribed or changed by the board for examinations, licensure and other services performed pursuant to section 2 of P.L.1974, c.46 (C.45:1-3.2).
3. All fees and any fines imposed by the board shall be paid to the board and shall be forwarded to the State Treasurer and be part of the General Fund.

45:9-37.25 Written examinations.

The written examination provided for in sections 12 and 13 of P.L.1983, c.296 (C.45:9-37.22 and C.45:9-37.23) and section 21 of P.L.2003, c.18 (C.45:9-37.34b) shall test the applicant's knowledge of basic and clinical sciences as they relate to physical therapy and physical therapy theory and procedures and any other subjects the board may deem useful to test the applicant's fitness to practice physical therapy or act as a physical therapist assistant. Examinations shall be held within the State at a time and place to be determined by the board. The board shall give adequate written notice of the examination to applicants for licensure and examination.

If an applicant fails his first examination, the applicant may take a second examination no more than two years from the date of the initial examination. Additional examinations may be given at the discretion of the board.

The board shall allow a student enrolled in an accredited physical therapist or physical therapist assistant education program and who has completed all the required didactic coursework, to take the National Physical Therapy Examination prior to graduation, provided the student submits with the application a letter on the official letterhead of the accredited educational institution where the applicant is completing an accredited educational program that includes the signature of the program director, the department chairperson or a similarly authorized person of the university or college that states:

The applicant is a candidate for a degree as a physical therapist or physical therapist assistant at the next scheduled graduation date:
The date of national examination for licensure is to be taken by the applicant is the one nearest to and before the applicant's expected graduation date and is not more than 120 days before the date of the applicant's expected graduation date; and
The applicant meets any other established requirements of the accredited educational program, if applicable.

45:9-37.26. Assistants; alternate standards for examination

The board may establish alternate standards for the examination of an applicant as a physical therapist assistant.

45:9-37.27 Issuance of license.

The board shall issue a license to each applicant for licensure as a physical therapist or physical therapist assistant who, in the judgment of the board, qualifies for licensure pursuant to P.L.1983, c.296, (C.45:9-37.11 et seq.) and P.L.2003, c.18 (C.45:9-37.34b et al.).

Every licensee shall ensure the following notices are conspicuously displayed in a public area in all offices and health care facilities at which the licensee practices physical therapy:

"Physical therapists and physical therapist assistants are licensed by the State Board of Physical Therapy Examiners, an agency of the Division of Consumer Affairs. Any member of the public may notify the board of any complaint relative to the practice conducted by a physical therapist or physical therapist assistant." The notice shall include the current address and phone number for the New Jersey Division of Consumer Affairs, State Board of Physical Examiners.
"INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU ON REQUEST."

The licensee shall not be required to publicly post his biennial registration, but an original biennial registration shall be maintained on site and all licensees shall be required to provide their name, professional designation and license number to any patient upon request.

45:9-37.28 Issuance of license to holder of out-of-State license.

Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall issue without examination to a physical therapist or physical therapist assistant who holds a valid license issued by another state or possession of the United States or the District of Columbia which, in the judgment of the board, has education and experience requirements substantially equivalent to the requirements of this act and P.L.2003, c.18 (C.45:9-37.34b et al.).

45:9-37.29 Issuance of temporary license.

1. (Deleted by amendment, P.L.2003, c.18).
2. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board may issue without examination a temporary license to practice physical therapy or act as a physical therapist assistant in this State to a person who is qualified, in the judgment of the board, to practice as a physical therapist or physical therapist assistant, and who provides evidence that he is in the State on a temporary basis to assist in a medical emergency or to engage in a special project, teaching assignment or other activity approved by the board relating to physical therapy practice. A temporary license shall expire one year from its date of issue, however, it may be renewed by the board for an additional one-year period. A temporary license shall be surrendered to the board upon its expiration.

45:9-37.30 Use of certain titles, designations restricted.

No person, business entity or its employees, agents or representatives shall place an advertisement that uses or otherwise use the titles "physical therapist," "physiotherapist," "registered physical therapist," "licensed physical therapist," "physical therapist assistant," "registered physical therapist assistant," "licensed physical therapist assistant," "student physical therapist," "physical therapy assistant," "student physical therapist assistant," or the abbreviations "PT," "DPT," "RPT," "LPT," "PTA," "RPTA," "LPTA," "SPT," "SPTA," or terms "physical therapy," or "physiotherapy," or any other title, designation, words, letters, abbreviations, or insignia indicating the practice of physical therapy unless licensed to practice as a physical therapist or physical therapist assistant under the provision of P.L.1983, c.296 (C.45:9-37.11 et seq.)

45:9-37.31 Titles, abbreviations for licensees.

Any person who holds a license as a physical therapist pursuant to this act may use the title "physical therapist," or "licensed physical therapist," or the abbreviations "PT" or "LPT." Any person who holds a license as a physical therapist assistant pursuant to this act may use the title "physical therapist assistant," "licensed physical therapist assistant," or the abbreviations "PTA" or "LPTA."

45:9-37.32. Registered physical therapists and assistants; continuance of practice and issuance of license; fee

Any person who is registered in this State as a physical therapist or a physical therapist assistant on the effective date of this act may continue to practice physical therapy under his current registration until its expiration, and to obtain a license under this act without examination upon payment of a fee.

45:9-37.33. Orders, rules and regulations of state board of medical examiners; continuance

This act shall not affect the orders, rules and regulations regarding physical therapists or physical therapist assistants made or promulgated by the New Jersey State Board of Medical Examiners consistent with the purposes and provisions of this act which shall continue with full force and effect until amended, modified or repealed by the board established pursuant to this act.

45:9-37.34. Application of P.L.1978, c. 73 and P.L.1974, c. 46

The provisions of P.L.1978, c. 73 (C. 45:1-14 et seq.) and P.L.1974, c. 46 (C.45:1-3.1 et seq.) shall apply to this act.

45:9-37.34a Administration of physical modalities by employees of physical therapists.

1. A licensed physical therapist shall not permit an employee to administer physical modalities to patients unless that employee is a licensed physical therapist, licensed physical therapist assistant, or other health care provider licensed in this State to administer those modalities.
  
  As used in this subsection, physical modalities mean ultraviolet (B and C bands) and electromagnetic rays, including, but not limited to, deep heating agents, microwave diathermy, shortwave diathermy, and ultrasound or any other treatment proscribed by the board.
2. Nothing in this section shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in any activity which is within the scope of his practice.

45:9-37.34b Eligibility for licensure as a physical therapist assistant.

To be eligible for licensure as a physical therapist assistant, an applicant shall:
1. Possess at least an Associate in Arts degree from an accredited college or university;
2. Have completed a two-year physical therapist assistant program at an accredited college or university, which has been approved by the board;
3. Have experience satisfactory to the board, in accordance with regulations of the board;
4. Have successfully completed a written examination approved by the board;
5. Be at least 18 years of age;
6. Be of good moral character; and
7. Meet such other requirements as may be established by the board by regulation.

45:9-37.34c Failure to refer patient, certain circumstances, unlawful practice.

It shall be considered an unlawful practice of physical therapy if a physical therapist does not immediately refer an individual to a health care professional licensed to practice dentistry, podiatry or medicine and surgery, or other appropriate licensed health care professional, if the physical therapist has reasonable cause to believe that physical therapy is contraindicated or symptoms or conditions are present, including, but not limited to, nonmuscular and nonskeletal symptoms or conditions and conditions of the central nervous system, that require services outside the scope of a physical therapist's practice.

45:9-37.34d Information provided by applicant.

An applicant for licensure or renewal as a physical therapist or a physical therapist assistant shall:
1. Execute and submit a sworn statement on a form prescribed by the board that neither the license for which renewal is sought nor any similar license or other authority issued by another jurisdiction has been revoked, suspended or not renewed; and
2. Present satisfactory evidence that any continuing professional education and competency requirements established by P.L.2003, c.18 (C.45:9-37.34b et al.) or the board, have been completed.

45:9-37.34e Permitted licensees, natural person; regulations.

No person other than a natural person shall be licensed as, hold itself out to be licensed as, or practice as, a physical therapist or a physical therapist assistant. Every physical therapist or physical therapist assistant employed by a corporation or other business entity shall assume professional responsibility for the practice of physical therapy or acting as a physical therapist assistant that is provided under the auspices of the corporation or other business entity. The board shall establish regulations to effectuate the provisions of this section, which shall include, but shall not be limited to, a statement of the responsibilities of licensees under this section.

45:9-37.34f Continuing professional education and competency requirements.

The board shall establish continuing professional education and competency requirements for physical therapists and physical therapist assistants, which requirements shall be a condition of retaining licensure. As used in this section, "continuing professional education and competency" means the lifelong process of maintaining and documenting the application of knowledge, skills and behaviors required to function effectively, safely, ethically and legally, through ongoing self-assessment, development, and implementation of a personal learning plan and subsequent reassessment. The board shall:
1. Approve only such continuing professional education and competency programs as are available to all physical therapists and physical therapist assistants in this State on a nondiscriminatory basis;
2. Establish standards for continuing professional education and competency programs;
3. Accredit educational programs offering credits towards the continuing professional education and competency requirements; and
4. Establish the number of credits of continuing professional education and competency required of each applicant for license renewal. Each credit shall represent or be equivalent to one hour of actual course attendance, or in the case of those electing an alternative method of satisfying the requirements of P.L.2003, c.18 (C.45:9-37.34b et al.), shall be approved by the board and certified pursuant to procedures established for that purpose.

45:9-37.34g Unauthorized practice, crime of third degree.

A person is guilty of a crime of the third degree if he knowingly does not possess a license to practice physical therapy, or knowingly has had such license suspended, revoked or otherwise limited by an order entered by the State Board of Physical Therapy, and he:
1. engages in the practice of physical therapy;
2. exceeds the scope of practice permitted by the board order;
3. holds himself out to the public, or any person as being eligible to engage in the practice of physical therapy;
4. engages in any activity for which a license to practice physical therapy is a necessary prerequisite;
5. practices physical therapy under a false or assumed name or falsely impersonates another person licensed by the board.

The provisions of this section shall not be construed to limit the activities permitted in section 9 of P.L.1983, c.296 (C.45:9-37.19).

45:9-37.34h Physical Therapy Licensure Compact.

The State of New Jersey enacts and enters into the Physical Therapy Licensure Compact with all other jurisdictions that legally join in the compact in the form substantially as follows:

Section 1. Purpose.

The purpose of this compact is to facilitate the practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient is located at the time of the patient encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This compact is designed to achieve the following objectives:

increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
enhance the states' ability to protect the public's health and safety;
encourage the cooperation of member states in regulating multi-state physical therapy practice;
support spouses of relocating military members;
enhance the exchange of licensure, investigative, and disciplinary information between member states; and
allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

Section 2. Definitions.

As used in this compact, except as otherwise provided, the following definitions shall apply:

"Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. s.1209 and 1211.

"Adverse action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

"Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

"Compact" means the Physical Therapy Licensure Compact.

"Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient is located at the time of the patient encounter.

"Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.

"Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

"Encumbered license" means a license that a physical therapy licensing board has limited in any way.

"Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

"Home state" means the member state that is the licensee's primary state of residence.

"Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

"Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.

"Licensee" means an individual licensed by the State Board of Physical Therapy Examiners or an individual who currently holds an authorization from a member state to practice as a physical therapist or to work as a physical therapist assistant.

"Member state" means a state that has enacted and entered into the compact.

"Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

"Physical therapist" means an individual who is licensed by a state to practice physical therapy.

"Physical therapist assistant" means an individual who is licensed or certified by a state and who assists the physical therapist in selected components of physical therapy.

"Physical therapy," "physical therapy practice," and "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

"Physical Therapy Compact Commission" or "commission" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

"Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

"Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

"Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.

"State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

Section 3. State Participation in the Compact.

1. To participate in the compact, a state must:
  1. participate fully in the commission's data system, including using the commission's unique identifer as definedin rules;
  2. have a mechanism in place for receiving and investigating complaints about licensees;
  3. notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative infomation regarding a licensee;
  4. fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection b. of this section;
  5. comply with the rules of the commission;
  6. utilize a recognized national examination as a requiremnt for licensure pursuant to the rules of the commission; and
  7. have continuing competence requirements as a condition for license renewal.
2. Upon enactment of this compact, a member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. s.534 and 42 U.S.C s.14616.
3. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
4. Member states may charge a fee for granting a compact privilege.
Section 4. Compact Privilege.
1. 1. To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
    1. hold a license in the home state;
    2. have no encumbrance on any state license;
    3. be eligible for a compact privilege in any member state in accordance with subsections d., g., and h. of this section;
    4. have not had any adverse action against any license or compact privilege within the previous two years;
    5. notify the commission that the licensee is seeking the compact privilege within a remote state;
    6. pay any applicable fees, including any state fee, for the compact privilege;
    7. meet any jurisprudence requirements established by a remote state in which the licensee is seeking a compact privilege; and
    8. report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
  2. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection a. of this section to maintain the compact privilege in the remote state.
  3. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
  4. A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligibile for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
  5. If a home state license is encumbered, the licensee shall lose the compact privilege in ay remote state until the following occur:
    1. the home state license is no longer encumbered; and
    2. two years have elapsed from the date of the adverse action.
  6. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection a. of this section to obtain a compact privilege in any remote state.
  7. If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state unil the followng occur:
    1. the specific period of time for which the compact privilege was removed has ended;
    2. all fines have been paid; and
    3. two years have elapsed from the date of the adverse action.
  8. Once the requiremnts of subsection g. of this section have been met, the licensee must meet the requirements in subsection a. of this section to obtain a compact privilege in a remote state.

Section 5. Active Duty Military Personnel or their Spouses.

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

home of record;
permanent Change of Station; or
state of current residence if it is different than the permanent Change of Station state or home of record.

Section 6. Adverse Actions.

1. A home state shall have exclusive power to impose adverse action against a license issued by the home state.
2. A home state may take adverse action based on the investigative information of a remote state.
3. Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that the participation shall remain non-public if required by the member state's laws, rules or regulations. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in an other member state during the term of the alternative program without prior authorization from that other member state.
4. Any member state may investigate actual or alleged violations of the laws, rules or regulations authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
5. A remote state shall have the authority to:
  1. take adverse actions as set forth in subsection d. of section 4 of this compact against a licensee's compact privilege in the state;
  2. issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence, and subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it, and the issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service laws of the state where the witnesses or evidence are located; and
  3. if otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
6. 1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
  2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

Section 7. Establishment of the Commission.

1. The compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
  1. The commission is an instrumentality of the member states.
  2. The venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
  3. Nothing in this compact shall be construed as a waiver of sovereign immunity.
2. 1. Each member state shall have and be limited to one delegate selected by that member state's licensing board.
  2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
  3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
  4. The member state shall fill any vacancy occurring in the commission.
  5. Each delegate shall be entitled to one vote with regard to he promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
  6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
  7. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
3. The commisson shall have he following powers and duties:
  1. establish the fiscal year of the commission;
  2. establish bylaws;
  3. maintain its financial records in accordance with the bylaws;
  4. meet and take such actions as are consistent with the provisions of this compact and the bylaws;
  5. promulgate uniform rules to facilitate and coordinate implementation and administration of the compact. The rules shall have the force and effect of law and shall be binding in all member states;
  6. bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
  7. purchase and maintain insurance and bonds;
  8. borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
  9. hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the proposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
  10. accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
  11. lease purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real personal or mixed; provided that at all times the commission shall avoid any appearance of impropriety;
  12. sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
  13. establish a budget and make expenditures;
  14. borrow money;
  15. appoint committees, including standing committees comprising of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
  16. provide and receive information from, and cooperate with, law enforcement agencies;
  17. establish and elect an executive board; and
  18. perform such other functions as may be necessary or appropriate to achieve the purposes of the compact consistent with the state regulation of physical therapy licensure and practice.
4. The executive board shall have the power to act on behalf of the commission according to the terms of this compact.
  1. The executive board shall be comprised of nine members:
    1. seven voting members who are elected by the commission from the current membership of the commission;
    2. one ex-officio, nonvoting member from the recognized national physical therapy professional association; and
    3. one ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
  2. The ex-officio members will be selected by their respective organizations.
  3. The commission may remove any member of the executive board as provided in bylaws.
  4. The executive board shall meet at least annually.
  5. The executive board shall have the following duties and responsibilities:
    1. recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
    2. ensure compact administration services are appropriately provided, contractual or otherwise;
    3. prepare and recommend the budget;
    4. maintain financial records on behalf of the commission;
    5. monitor compact compliance of member states and provide compliance reports to the commission;
    6. establish additional committees as necessary; and
    7. other duties as provided in rules or bylaws.
5. 1. All meetings shall be open to the public, and a public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 9 of this compact.
  2. The commission or the executive board or other committees of the commission may convene in a closed, non-public meeting if the commission or executive board or other committees of the commission must discuss:
    1. non-compliance of a member state with its obligations under the compact;
    2. the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
    3. current, threatened, or reasonably anticipated litigation;
    4. negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
    5. accusing any person of a crime or formally censuring any person;
    6. disclosure of trade secrets or commercial or financial information that is privileged or confidential;
    7. disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
    8. disclosure of investigative records compiled for law enforcement purposes;
    9. disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
    10. matters specifically exempted from disclosure by federal or member state statute.
  3. If a meeting, or portion of a meeting, is closed pursuant to any subparagraph of paragraph (2) of this subsection, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
  4. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
6. 1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
  2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
  3. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
  4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
  5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
7. 1. The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
  2. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
  3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

Section 8. Data System.

1. The commission shall provide for the development, maintenance, and utilization of a coordinate database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
2. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
  1. identifying information;
  2. licensure data;
  3. adverse actions against a license or compact privilege;
  4. non-confidential information related to alternative program participation;
  5. any denial of application for licensure, and the reason or reasons for the denial; and
  6. other information that may facilitate the administration of this compact, as determined by the rules of the commission.
3. Investigative information pertaining to a licensee in any member state will only be available to other party states.
4. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
5. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
6. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

Section 9. Rulemaking.

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
2. If a majority of the legislatures of the member states reject a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
3. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
4. Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a Notice of Proposed Rulemaking:
  1. on the website of the commission or other publicly accessible platform; and
  2. on the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
5. The Notice of Proposed Rulemaking shall include:
  1. the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
  2. the text of the proposed rule or amendment and the reason for the proposed rule;
  3. a request for comments on the proposed rule from any interested person; and
  4. the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
6. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
7. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
  1. at least 25 persons
  2. a state or federal governmental subdivision or agency; or
  3. an association having at least 25 members.
8. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
  1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
  2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
  3. All hearings will be recorded. A copy of the recording will be made available on request.
  4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
9. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
10. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
11. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
12. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
  1. meet an imminent threat to public health, safety, or welfare;
  2. prevent a loss of commission or member state funds;
  3. meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
  4. protect public health and safety.
13. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

Section 10. Oversight, Dispute Resolution, and Enforcement.

1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission. The commission shall be entitled to receive service of process in any judicial or administrative proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules
2. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
  1. provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and
  2. provide remedial training and specific technical assistance regarding the default.

If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.

Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

Section 11. Date of Implementation of the Commission and Associated Rules, Withdrawal, and Amendment.

1. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
2. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
3. Any member state may withdraw from this compact by enacting a statute repealing the same.
  1. A member state's withdrawal from this compact by enacting a statute repealing the same.
  2. Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
4. Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
5. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

Section 12. Construction and Severability.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

45:9-37.34i Intent.

The Physical Therapy Licensure Compact is intended to facilitate the regulation of the practice of physical therapy and no provision of the compact shall be construed as to relieve employers from complying with contractual and statutorily imposed obligations.

45:9-37.34j Requirements of physical therapist.

A physical therapist may perform dry needling if the physical therapist meets all of the following requirements:
1. possesses a doctorate in physical therapy from an accredited college or university or has otherwise been actively licensed as a physical therapist in this State since January 1, 2003;
2. has no less than two years of active clinical experience in the treatment of patients as a licensed physical therapist in this State and holds a current, unrestricted license to practice physical therapy in this State;
3. has a current CPR certification issued by the American Red Cross, American Heart Association, National Safety Council, or any other agency or organization approved by the board; and
4. has obtained documentation of the successful completion of a dry needling continuing education and competency program approved by the board that satisfies subsections b. and c. of this section.
The board shall approve a dry needling continuing education and competency program if the program meets all of the following requirements:
1. provides a minimum of 40 hours of academicinstruction which is attended in person by the physical therapist and shall be completed by the physical therapist in no more than two years;
2. provides the history and a current literature review of dry needling and evidence-based practice;
3. covers pertinent anatomy and physiology;
4. covers the choice and operation of dry needling supplies and equipment;
5. provides knowledge of dry needling technique including indications, contraindications, and precautions for its use;
6. provides knowledge of the risks and complications of dry needling;
7. covers safe practice guidelines and generally accepted standards of practice,including clean needle techniques and the Occupational Safety and Health Administration’s bloodborne pathogens standard;
8. provides knowledge of post intervention care, including an adverse response or emergency;
9. documents the successful completion of psychomotor and 1cognitive performance by means of practical and written assessments or examinations; and
10. provides a minimum of 40 hours of practical hands-on instruction in the application and technique of dry needling under thedirectsupervision of a licensed physical therapist or physician pursuant to subsection c. of this section, which shall be completed by the physical therapist in no more than two years.
The dry needling continuing education and competency program, including thepractical hands-on instruction required pursuant to paragraph (10) of subsection b. of this section,shall be taught by a licensed physical therapist who has a minimum of five years of clinical experience in the performance of dry needling or by a physician licensed to practice medicine and surgery in this State.
Following successful completion of the dry needling continuing education and competency program, including the practical hands-on instruction required pursuant to paragraph (10) of subsection b. of this section, a physical therapist shall complete 10 of the physical therapist chooses to continue to utilize such intervention on patients.

45:9-37.34k Performance of dry needling, limitations, documentation.

Dry needling shall only be performed by a physical therapist who meets the requirements of subsection a. of section 3 of P.L.2021, c.382 (C.45:9-37-34j), and the performance of dry needling shall not be delegated to a physical therapist assistant or student physical therapist. A physical therapist who meets the requirements to provide dry needling shall only utilize the specific dry needling techniques for which the physical therapist has completed instruction and demonstrated competency.
For patients who receive an order, prescription, or referral for physical therapy from a New Jersey-licensed physician, osteopathic physician, or podiatric physician, dry needling shall only be performed on the patient after the physical therapist licensed in New Jersey to perform dry needling communicates with the physician who ordered, prescribed, or referred the patient to physical therapy. This communication shall address the physical therapy diagnosis of the patient, the specific dry needling technique that the physical therapist intends to utilize in the treatment of the patient, the proposed number, size, and insertion points of the needles, and any elevated risk factors that the patient may have. The physical therapist shall maintain documentation of such communication in the patient record. In no event shall a physical therapist perform dry needling on a patient if, in the medical judgment of the physician who ordered, prescribed, or referred the patient to physical therapy, dry needling is contraindicated or clinically inappropriate and such judgment is clearly communicated to the physical therapist by the physician.
A physical therapist shall obtain written informed consent from each patient prior to the provision of dry needling. The patient shall receive a copy of the written informed consent and the physical therapist shall retain a copy in the patient's record. The informed consent shall include, at a minimum, the following:
1. the patient's signature;
2. the risks, benefits, and possible complications of dry needling;
3. the treatment alternatives to dry needling;
4. the physical therapist's level of education regarding supervied hours of training in dry needling;
5. the importance of consulting with the patient’s physician regarding the patient's condition; and
6. a clearly and conspicuously written statement that the patient is not receiving acupuncture, which shall include the following language: “DRY NEEDLING IS A TECHNIQUE USED IN THE PRACTICE OF PHYSICAL THERAPY TO TREAT MYOFASCIAL, MUSCULAR, AND CONNECTIVE TISSUES FOR THE MANAGEMENT OF NEUROMUSCULAR PAIN AND MOVEMENT DYSFUNCTION. DRY NEEDLING TECHNIQUE SHOULD NOT BE CONFUSED WITH AN ACUPUNCTURE TREATMENT PERFORMED BY A LICENSED ACUPUNCTURIST.”
A physical therapist shall only use filiform needles labeled in accordance with the United States Food and Drug Administration guidelines when performing dry needling.
A physical therapist shall perform dry needling in a manner that is consistent with generally accepted standards of practice including clean needle techniques, safe disposal of sharp objects, and the Occupational Safety and Health Administration’s bloodborne pathogens standard.
A physical therapist shall maintain documentation in the patient record of each dry needling session. The documentation shall include the treatment performed, the patient’s response to the treatment, and any adverse reactions or complications to the treatment.
If requested by the board or a member of the general public, a physical therapist practicing dry needling shall provide documentation of the education and training completed by the physical therapist as required under section 3 of P.L.2021, c.382 (C.45:9-37.34j). The failure to provide documentation in response to a request by the board or a member of the general public shall be deemed prima facie evidence that the physical therapist has not received the required training and shall not be permitted to perform dry needling.