reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.1 - Extra fee for completion of medical claim form; penalty

45:9-22.1. Extra fee for completion of medical claim form; penalty
1. No physician and no professional service corporation engaged in the practice of medicine and surgery 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" (N.J.S.2A:58-1 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.
L.1975,c.297,s.1; amended 1991,c.91,s.453.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.2 - Breast surgery; written consent of patient or representative

45:9-22.2. Breast surgery; written consent of patient or representative
Before a physician operates on a patient for a tumor of the breast, the physician shall obtain written consent from the patient or the patient's authorized representative on a form which allows the patient: a. to give consent only for a biopsy; b. to give consent to perform any necessary operation or procedure including breast removal if it is determined that the patient has a malignant tumor in his or her breast or other breast abnormality; or c. to give consent for both a biopsy and an additional operation or procedure if necessary.
L.1984, c. 185, s. 1, eff. Nov. 14, 1984.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.3 - Failure of physician to comply; sanctions

45:9-22.3. Failure of physician to comply; sanctions
A physician who fails to comply with this act is liable for action by the State Board of Medical Examiners pursuant to R.S. 45:9-1 et seq.
L.1984, c. 185, s. 2, eff. Nov. 14, 1984.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.3a - Distribution of booklet by attending physician

45:9-22.3a. Distribution of booklet by attending physician
2. An attending physician shall give all patients who are referred for a routine mammogram or who are under the physician's care for treatment of breast cancer a copy of the informational booklet on breast cancer prepared by the Department of Health pursuant to section 1 of P.L.1993, c.225 (C.26:2-168).
L.1993,c.225,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.3b - Immunity from civil liability for physician

45:9-22.3b. Immunity from civil liability for physician
3. A physician who fails to provide a copy of the information booklet on breast cancer to a patient shall not be liable for a civil penalty because of his failure to do so.
L.1993,c.225,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.5a - Certain referrals for procedures involving anesthesia.

45:9-22.5a Certain referrals for procedures involving anesthesia.
4. a. A referral for ambulatory surgery or a procedure requiring anesthesia made prior to the effective date of this section of P.L.2009, c.24 by a practitioner to a surgical practice or ambulatory care facility licensed by the Department of Health to perform surgical and related services shall be deemed to comply with the provisions of section 2 of P.L.1989, c.19 (C.45:9-22.5) if the practitioner personally performed the procedure that is the subject of the referral.
b. As used in this section, "surgical practice" means a structure or suite of rooms that has the following characteristics:
(1) has no more than one room dedicated for use as an operating room which is specifically equipped to perform surgery, and is designed and constructed to accommodate invasive diagnostic and surgical procedures;
(2) has one or more post-anesthesia care units or a dedicated recovery area where the patient may be closely monitored and observed until discharged; and
(3) is established by a physician, physician professional association surgical practice, or other professional practice form specified by the State Board of Medical Examiners pursuant to N.J.A.C.13:35-6.16(f) solely for the physician's, association's or other professional entity's private medical practice.
L.2009, c.24, s.4; amended 2012, c.17, s.411; 2017, c.283, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.5b - Certain referrals to surgical practice, ambulatory care facility.

45:9-22.5b Certain referrals to surgical practice, ambulatory care facility.
5. a. A referral made during the first 12 months after the effective date of this section of P.L.2009, c.24 to a surgical practice or an ambulatory care facility licensed by the Department of Health and Senior Services to perform surgical and related services, shall be deemed to comply with the provisions of section 2 of P.L.1989, c.19 (C.45:9-22.5) if:
(1) the practitioner who makes the referral also personally performs the procedure; and
(2) disclosure of the referring practitioner's significant beneficial interest in the surgical practice or licensed ambulatory care facility is made to the patient in writing, at or prior to the time that the referral is made, consistent with the provisions of section 3 of P.L.1989, c.19 (C.45:9-22.6).
b. As used in this section, "surgical practice" means a structure or suite of rooms that has the following characteristics:
(1) has no more than one room dedicated for use as an operating room which is specifically equipped to perform surgery, and is designed and constructed to accommodate invasive diagnostic and surgical procedures;
(2) has one or more post-anesthesia care units or a dedicated recovery area where the patient may be closely monitored and observed until discharged; and
(3) is established by a physician, physician professional association surgical practice, or other professional practice form specified by the State Board of Medical Examiners pursuant to N.J.A.C.13:35-6.16(f) solely for the physician's, association's or other professional entity's private medical practice.
"Surgical practice" includes an unlicensed entity that is certified by the Centers for Medicare and Medicaid Services as an ambulatory surgery center provider.
L.2009, c.24, s.5 (expires March 1, 2010).
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.5c - Application package to operate an alternate payment model.

45:9-22.5c Application package to operate an alternate payment model.
3. a. Participants desiring to establish an alternative payment model shall submit to the Department of Health, in a form and manner established by the Department of Health, an application package to operate an alternative payment model. The application shall include:
(1) a description of the alternative payment model, including the participants in the model and how the model satisfies the definition of an alternative payment model in section 1 of P.L.1989, c.19 (C.45:9-22.4);
(2) a description of the organizational structure of the entity responsible for carrying out the alternative payment model, including information on the organizational role of the participants in the alternative payment model, and information regarding the compliance of any alternative payment entity with applicable provisions of P.L.1999, c.409 (C.17:48H-1 et seq.) and regulations adopted pursuant thereto;
(3) the date on which the alternative payment model is proposed to begin operation;
(4) an explanation of how the alternative payment model satisfies the alternative payment model standards; and
(5) other information reasonably requested by the Department of Health.
b. The Department of Health shall review the application submitted pursuant to subsection a. of this section, and shall notify participants in no more than 60 days if the proposed alternative payment model does not meet the requirement of this act. The Department of Health shall provide the participants with a reasonable opportunity to remedy any deficiencies in the alternative payment model proposal, and may terminate an alternative payment model that continues to fail to meet the requirements of this act.
c. Notwithstanding subsections a. and b. of this section, an alternative payment model shall be deemed approved by the Department of Health without further review, and no participant shall be required under this section to file additional information with the department concerning such an alternative payment model, if the alternative payment model has been authorized and approved under the Medicare Shared Savings Program pursuant to 42 U.S.C. s.1395jjj or under a demonstration operated by the Center for Medicare and Medicaid Innovation described at 42 U.S.C. s.1315a.
L.2017, c.111, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.5d - Review by DOH.

45:9-22.5d Review by DOH.
4. a. The Department of Health shall review each registered alternative payment model at least once every six years to determine whether the participants in the alternative payment model have complied with this act and other relevant State and federal laws and regulations, and whether the alternative payment model has resulted in a degradation of quality of health care provided to patients attributable to the alternative payment model.
b. The department shall have authority to revoke the registration of an alternative payment model if the department's review finds that the alternative payment model fails to comply with State or federal law, or if it results in a degradation of quality of patient care.
c. An alternative payment model's registration shall not expire or otherwise be terminated solely as a result of the department's failure to conduct a review required pursuant to subsection a. of this section.
L.2017, c.111, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.5e - Rules, regulations.

45:9-22.5e Rules, regulations.
5. The Commissioner of Health shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act.
L.2017, c.111, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.6 - Written disclosure form.

45:9-22.6 Written disclosure form.
3. The written disclosure form required pursuant to section 2 of P.L.1989, c.19 (C.45:9-22.5) shall be prescribed by regulation of the State Board of Medical Examiners. In addition to such other information as the board determines necessary, the disclosure shall inform the patient whether any services or facility fees associated with the referral will be considered to be, and reimbursed at, an "out-of-network" level by the patient's insurance carrier or other third party payer.
L.1989, c.19, s.3; amended 2009, c.24, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.7 - Exemption

45:9-22.7. Exemption
The disclosure requirements of this act do not apply in the case of a practitioner who is providing health care services pursuant to a prepaid capitated contract entered into with the Division of Medical Assistance and Health Services in the Department of Human Services.
L. 1989, c. 19, s. 4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.8 - Penalty

45:9-22.8. Penalty
A practitioner who violates the provisions of this act is liable for a penalty pursuant to section 12 of P.L. 1978, c. 73 (C. 45:1-25).
L. 1989, c. 19, s. 5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.9 - Rules, regulations

45:9-22.9. Rules, regulations
The State Board of Medical Examiners established pursuant to R.S. 45:9-1 shall adopt rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.).
L. 1989, c. 19, s. 6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.10 - Administration of physical modalities to patients by employees of physicians

45:9-22.10. Administration of physical modalities to patients by employees of physicians
a. A physician licensed pursuant to chapter 9 of Title 45 of the Revised Statutes shall not use an employee to administer physical modalities to patients unless that employee is a health care provider licensed in this State.
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.
b. Nothing in this section shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed.
L.1990,c.68,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.11 - Dispensing of drugs to patient limited; exceptions.

45:9-22.11 Dispensing of drugs to patient limited; exceptions.
46. A physician or other person authorized by law to prescribe drugs or medicines shall not dispense more than a seven-day supply of drugs or medicines to any patient. The drugs or medicines shall be dispensed at or below the cost the prescriber has paid for the particular drug or medicine, plus an administrative cost not to exceed 10 percent of the cost of the drug or medicine.
The provisions of this section shall not apply to a prescriber:
a. who dispenses drugs or medicines in a hospital emergency room, a student health center at an institution of higher education, or a publicly subsidized community health center, family planning clinic or prenatal clinic, if the drugs or medicines that are dispensed are directly related to the services provided at the facility;
b. whose practice is situated 10 miles or more from a licensed pharmacy;
c. when the prescriber dispenses allergenic extracts and injectables;
d. when the prescriber dispenses drugs pursuant to an oncological or AIDS protocol;
e. when the prescriber dispenses salves, ointments or drops; or
f. when the prescriber dispenses a drug or medicine delivered to the eye through a contact lens.
A prescriber shall furnish to a patient, with each prescription drug or medicine which is a controlled dangerous substance dispensed for that patient pursuant to this section, a copy of the notice prepared by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to section 2 of P.L.2015, c.66 (C.45:9-22.11a).
The provisions of this section shall not apply to a licensed physician, podiatric physician or chiropractic physician who dispenses food concentrates, food extracts, vitamins, minerals, herbs, enzymes, amino acids, tissue or cell salts, glandular extracts, nutraceuticals, botanicals, homeopathic remedies, and other nutritional supplements.
L.1991, c.187, s.46; amended 2009, c. 322, s.2; 2010, c.12, s.1; 2015, c.66, s.1; 2015, c.296.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.11a - Pharmacy practice site to notify patients how to properly dispose of unused prescription drugs.

45:9-22.11a Pharmacy practice site to notify patients how to properly dispose of unused prescription drugs.
2. a. A pharmacy practice site that dispenses prescription drugs, other than a long-term care pharmacy, shall distribute, with each prescription drug which is a controlled dangerous substance that it dispenses to an individual located in this State, a copy of the notice prepared pursuant to subsection b. of this section. For the purposes of this subsection, "pharmacy practice site" includes only those pharmacy practice sites that are located inside the State.
b. The Division of Consumer Affairs in the Department of Law and Public Safety shall prepare and post on its website a notice, for use by a prescriber pursuant to section 46 of P.L.1991, c.187 (C.45:9-22.11), and which a pharmacy practice site shall utilize for the purposes of subsection a. of this section, to advise customers and patients about:
(1) the availability of drug take-back programs sponsored by a local, State, or federal government agency; and
(2) how to obtain information from the website for those programs concerning where unused prescription drugs may be dropped off for the purpose of ensuring their safe, secure, efficient, and environmentally sound disposal.
L.2015, c.66, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.12 - Display of policy by physician of Medicare excess charge policy

45:9-22.12. Display of policy by physician of Medicare excess charge policy
1. a. A physician licensed pursuant to the provisions of Title 45 of the Revised Statutes who provides medical services to a beneficiary of the Medicare program established pursuant to section 1801 of the federal Social Security Act (42 U.S.C. s.1395 et seq.) shall prominently display in his office, and include on all billing statements to Medicare beneficiaries, his policy regarding the imposition of any charge in excess of the limiting fee for a service as determined by the United States Secretary of Health and Human Services.
b. The physician shall prominently display in his office, and inform, in writing, the State Board of Medical Examiners, of any changes in his excess charge policy before the imposition of these changes in accordance with federal regulations.
L.1993,c.250,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.13 - Letter of reprimand; civil penalty; repayment

45:9-22.13. Letter of reprimand; civil penalty; repayment
2. a. The State Board of Medical Examiners shall issue a letter of reprimand for the first and each subsequent offense against a physician who knowingly and willingly charges a Medicare beneficiary in a manner not in compliance with the provisions of P.L.1993, c.250 (C.45:9-22.12 et seq.). The board shall also assess a civil penalty pursuant to section 12 of P.L.1978, c.73 (C.45:1-25) of up to $1,000 for the second and each subsequent offense against a physician who knowingly and willingly charges a Medicare beneficiary in a manner not in compliance with the provisions of P.L.1993, c.250 (C.45:9-22.12 et seq.).
b. In addition to any civil penalties the board shall assess, the board shall order a physician who is not in compliance with this act to repay the beneficiary the amount of excess payments made and received, plus interest on that amount at the maximum legal rate from the date payment was made until the date repayment is made.
L.1993,c.250,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.14 - Posting of sign required

45:9-22.14. Posting of sign required
3. A physician who treats beneficiaries of the Medicare program established pursuant to section 1801 of the Social Security Act (42 U.S.C. s.1395 et seq.) shall post a sign in his office which sets forth the following:
a. The physician's policy regarding the imposition of any charge in excess of the limiting fee for a service as determined by the United States Secretary of Health and Human Services.
b. The address and telephone number of the State Board of Medical Examiners.
L.1993,c.250,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.15 - Notice of nonprovision of Medicare services

45:9-22.15. Notice of nonprovision of Medicare services
4. If a physician does not provide services to Medicare beneficiaries, he shall prominently display in his office an appropriate notice, and inform, in writing, the State Board of Medical Examiners.
L.1993,c.250,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.16 - Establishment of procedures for review, complaint

45:9-22.16. Establishment of procedures for review, complaint
5. a. The State Board of Medical Examiners shall establish procedures for reviewing a physician's billing disclosure statement, and shall print and distribute the signs which are required to be posted by a physician who treats beneficiaries of the Medicare program established pursuant to section 1801 of the Social Security Act (42 U.S.C. s.1395 et seq.) under section 1 of P.L.1993, c.250 (C.45:9-22.12).
b. The board shall establish procedures by which a beneficiary of the Medicare program may initiate a complaint regarding any incident of noncompliance with the provisions of P.L.1993, c.250 (C.45:9-22.12 et seq.) with the board.
L.1993,c.250,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.17 - "Medicare Assignment Compliance Fund"; report

45:9-22.17. "Medicare Assignment Compliance Fund"; report
6. a. All penalties collected pursuant to P.L.1993, c.250 (C.45:9-22.12 et seq.) shall be deposited in a non-lapsing revolving fund in the State Board of Medical Examiners to be known as the "Medicare Assignment Compliance Fund." The fund shall be dedicated for use by the board to offset any administrative costs incurred by the board in carrying out the purposes of P.L.1993, c.250 (C.45:9-22.12 et seq.). When the amount in the fund exceeds $500,000, the excess money shall be transferred semiannually to the Casino Revenue Fund.
b. Within one year after the effective date of this act and annually thereafter, the board shall report to the Legislature on the amount collected and the use of the fund.
L.1993,c.250,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.18 - Rules, regulations

45:9-22.18. Rules, regulations
7. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the State Board of Medical Examiners shall adopt rules and regulations necessary to carry out the purposes of sections 5 and 6 of this act.
L.1993,c.250,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.18a - Physician, practice, written notice, display, assault, health care professional, health care facility volunteer, employee.

45:9-22.18a Physician, practice, written notice, display, assault, health care professional, health care facility volunteer, employee.
7. a. A physician responsible for managing a professional physician practice shall prominently display a written notice in a conspicuous public location that contains the following or substantially similar statement: "It is a crime to assault a health care professional, any volunteer working for a health care professional or working at a health care facility, any supportive services staff member working for a health care professional or working at a health care facility, or any employee of a health care professional or a health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties. Any person who assaults a health care professional, volunteer, supportive services staff member, or employee in violation of this prohibition shall be subject to a fine, imprisonment, or both under the New Jersey Code of Criminal Justice, N.J.S.2C:1-1 et seq."
b. The Board of Medical Examiners may adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this section.
L.2023, c.48, s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.19 - Schedule II controlled dangerous substance prescription quantities, conditions.

45:9-22.19 Schedule II controlled dangerous substance prescription quantities, conditions.
1. a. Except in the case of an initial prescription issued pursuant to section 11 of P.L.2017, c.28 (C.24:21-15.2), a physician licensed pursuant to chapter 9 of Title 45 of the Revised Statutes may prescribe a Schedule II controlled dangerous substance for the use of a patient in any quantity which does not exceed a 30-day supply, as defined by regulations adopted by the State Board of Medical Examiners in consultation with the Department of Health. The physician shall document the diagnosis and the medical need for the prescription in the patient's medical record, in accordance with guidelines established by the State Board of Medical Examiners.
b. Except in the case of an initial prescription issued pursuant to section 11 of P.L.2017, c.28 (C.24:21-15.2), a physician may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a Schedule II controlled dangerous substance, provided that the following conditions are met:
(1) each separate prescription is issued for a legitimate medical purpose by the physician acting in the usual course of professional practice;
(2) the physician provides written instructions on each prescription, other than the first prescription if it is to be filled immediately, indicating the earliest date on which a pharmacy may fill each prescription;
(3) the physician determines that providing the patient with multiple prescriptions in this manner does not create an undue risk of diversion or abuse; and
(4) the physician complies with all other applicable State and federal laws and regulations.
L.1997, c.249, s.1; amended 2009, c.165, s.1; 2017, c.28, s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.20 - Rules, regulations.

45:9-22.20 Rules, regulations.
2. The State Board of Medical Examiners, 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.
L.1997,c.249,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.22 - Collection, maintenance of information regarding physicians, podiatrists, optometrists.

45:9-22.22 Collection, maintenance of information regarding physicians, podiatrists, optometrists.
2. a. The Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the State Board of Medical Examiners and the New Jersey State Board of Optometrists, shall collect and maintain information concerning all physicians, podiatrists and optometrists, respectively, licensed in the State for the purpose of creating a profile of each physician, podiatrist and optometrist pursuant to this act. The profiles shall be made available to the public through electronic and other appropriate means, at no charge to the public. The division shall establish a toll-free telephone number for members of the public to contact the division to obtain a paper copy of a physician, podiatrist or optometrist profile and to make other inquiries about the profiles.
b. A physician, podiatrist or optometrist shall be required to provide the appropriate board or division or its designated agent with any information necessary to complete the profile as provided in section 3 of this act.
c. Either board may request any additional information it deems necessary to complete the profiles on the biennial license renewal form submitted by physicians, podiatrists and optometrists, as applicable.
d. The appropriate board shall provide to the division or its designated agent any information required pursuant to this act that is available to the board concerning a physician, podiatrist or optometrist, for the purpose of creating the physician, podiatrist and optometrist profiles.
L.2003,c.96,s.2; amended 2004, c.115, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.24 - Contracts with public, private entity for profiles.

45:9-22.24 Contracts with public, private entity for profiles.
4. The Division of Consumer Affairs may contract with a public or private entity for the purpose of developing, administering and maintaining the physician, podiatrist and optometrist profiles required pursuant to this act.
a. The contract shall specify the duties and responsibilities of the entity with respect to the development, administration and maintenance of the profile. The contract shall specify the duties and responsibilities of the division with respect to providing the information required pursuant to section 3 of this act to the entity on a regular and timely basis.
b. The contract shall specify that any identifying information concerning a physician, podiatrist or optometrist provided to the entity by the division, the State Board of Medical Examiners, or the New Jersey State Board of Optometrists or the optometrist, respectively, or the physician or podiatrist shall be used only for the purpose of the profile.
c. The division shall monitor the work of the entity to ensure that physician, podiatrist and optometrist profiles are properly developed and maintained pursuant to the requirements of this act.
L.2003,c.96,s.4; amended 2004, c.115, s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.25 - Regulations.

45:9-22.25 Regulations.
8. Within 180 days of the effective date of this act, the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the State Board of Medical Examiners and the New Jersey State Board of Optometrists, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
L.2003,c.96,s.8; amended 2004, c.115, s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-22.26 - Licensed physician to provide information concerning the Independent Health Care Appeals Program.

45:9-22.26 Licensed physician to provide information concerning the Independent Health Care Appeals Program.
2. A licensed physician shall be required, as prescribed by regulation of the State Board of Medical Examiners, to post, in a conspicuous place in the patients' waiting room within the physician's medical office, a notice, as prescribed pursuant to section 3 of P.L.2011, c.190 (C.26:2S-14.2), which provides information about the operation of the Independent Health Care Appeals Program, established pursuant to section 11 of P.L.1997, c.192 (C.26:2S-11), and how to apply for the program.
L.2011, c.190, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.5 - Definitions

45:9-27.5. Definitions
As used in this act:
a. "Physician or surgeon" means a person licensed or permitted to practice medicine or surgery in this State.
b. "Contingent fee arrangement" means an agreement for medical services of one or more physicians or surgeons, including any associated or forwarding medical practitioners, under which compensation in whole or in part is contingent upon the successful accomplishment or disposition of the legal claim to which such medical services are related.
L.1975, c. 240, s. 1, eff. Oct. 24, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.6 - Bills for treatment subject to claim for workmen's compensation or damages in negligence

45:9-27.6. Bills for treatment subject to claim for workmen's compensation or damages in negligence
Any physician or surgeon who renders treatment which he knows or reasonably should know is or will be related to, or is or will be the basis of, a legal claim for workmen's compensation or damages in negligence shall provide his patient with a true, accurate and itemized copy of the bill for treatment rendered. Such physician or surgeon should certify and attest by his signature on all originals and copies of such bills to the actuality and accuracy of the examinations and treatments rendered and the amounts charged for them.
L.1975, c. 240, s. 2, eff. Oct. 24, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.7 - Fees for treatment; limitation

45:9-27.7. Fees for treatment; limitation
In any matter where medical services rendered to a client form any part of the basis of a legal claim for damages or workmen's compensation, a physician shall not contract for, charge, or collect a fee in excess of the following limits:
a. The physician's standard fee for the same medical services which do not form any part of the basis of a legal claim for damages or workmen's compensation; plus
b. The standard or established incremental costs, clerical or otherwise, incurred in rendering medical services which form any part of the basis of a legal claim for damages or workmen's compensation.
L.1975, c. 240, s. 3, eff. Oct. 24, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.8 - Contingent fees; prohibition

45:9-27.8. Contingent fees; prohibition
In any matter where medical services rendered to a client form any part of the basis of a legal claim for damages or workmen's compensation, a physician or surgeon shall not contract for, charge, or collect a contingent fee.
L.1975, c. 240, s. 4, eff. Oct. 24, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.9 - Violations; disorderly person

45:9-27.9. Violations; disorderly person
Any person who violates any provision of this act is a disorderly person.
L.1975, c. 240, s. 5, eff. Oct. 24, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.11 - Definitions.

45:9-27.11 Definitions.
2. As used in this act:
"Accredited program" means an education program for physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency.
"Board" means the State Board of Medical Examiners created pursuant to R.S.45:9-1.
"Committee" means the Physician Assistant Advisory Committee established pursuant to section 11 of P.L.1991, c.378 (C.45:9-27.20).
"Director" means the Director of the Division of Consumer Affairs.
"Health care facility" means a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).
"Institution" means any of the charitable, hospital, relief and training institutions, noninstitutional agencies, and correctional institutions enumerated in R.S.30:1-7.
"Physician assistant" means a health professional who meets the qualifications under P.L.1991, c.378 (C.45:9-27.10 et seq.) and holds a current, valid license issued pursuant to section 4 of P.L.1991, c.378 (C.45:9-27.13).
"Physician" means a person licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.
"Veterans' home" means the New Jersey Veterans' Memorial Home - Menlo Park, the New Jersey Veterans' Memorial Home - Vineland, and the New Jersey Veterans' Memorial Home - Paramus.
L.1991, c.378, s.2; amended 1992, c.102, s.1; 2015, c.224, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.12 - Required license

45:9-27.12. Required license
3. a. (1) No person shall practice as a physician assistant or present, call or represent himself as a physician assistant unless that person is licensed pursuant to section 4 of this act.
(2) Nothing in this act shall be construed to limit, preclude, or otherwise interfere with the practice of any person licensed by an appropriate agency of the State of New Jersey, provided that such duties are consistent with the accepted standards of the person's profession and the person does not present himself as a physician assistant.
b. No person shall assume, represent himself as, or use the title or designation "physician assistant" or "physician assistant - certified" or the abbreviation "PA-C" or any other title or designation which indicates or implies that he is a physician assistant unless that person is licensed pursuant to section 4 of this act.
L.1991,c.378,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.13 - License requirements.

45:9-27.13 License requirements.
4. a. The board shall issue a license as a physician assistant to an applicant who has fulfilled the following requirements:
(1) Is at least 18 years of age;
(2) Is of good moral character;
(3) Has successfully completed an accredited program; and
(4) Has passed the national certifying examination administered by the National Commission on Certification of Physician Assistants, or its successor.
b. In addition to the requirements of subsection a. of this section, an applicant for renewal of a license as a physician assistant shall:
(1) Execute and submit a sworn statement made on a form provided 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 or suspended; and
(2) Present satisfactory evidence that any continuing education requirements have been completed as required by P.L.1991, c.378 (C.45:9-27.10 et seq.).
c. The board, in consultation with the committee, may accept, in lieu of the requirements of subsection a. of this section, proof that an applicant for licensure holds a current license in a state which has standards substantially equivalent to those of this State.
d. (Deleted by amendment, P.L.2015, c.224)
e. A physician assistant who notifies the board in writing on forms prescribed by the board may elect to place the physician assistant's license on inactive status. A physician assistant with an inactive license shall not be subject to the payment of renewal fees and shall not practice as a physician assistant. A licensee who engages in practice while the physician assistant's license is lapsed or on inactive status shall be deemed to have engaged in professional misconduct in violation of subsection e. of section 8 of P.L.1978, c.73 (C.45:1-21) and shall be subject to disciplinary action by the committee pursuant to P.L.1978, c.73 (C.45:1-14 et seq.). A physician assistant requesting restoration from an inactive status shall be required to pay the current renewal fee and shall be required to meet the criteria for renewal as specified by the board.
L.1991, c.378, s.4; amended 1992, c.102, s.2; 1993, c.337, s.1; 2015, c.224, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.13a - Medical malpractice liability insurance, letter of credit required.

45:9-27.13a Medical malpractice liability insurance, letter of credit required.
11. a. A physician assistant who engages in clinical practice in this State is required to be covered by medical malpractice liability insurance, or if such liability coverage is not available, by a letter of credit. The board shall establish by regulation the minimum amount for medical malpractice liability insurance coverage or lines of credit.
b. The physician assistant shall include, on the physician assistant's license renewal form, the name and address of the insurance carrier or the institution issuing the letter of credit to the physician assistant.
c. A physician assistant who is in violation of this section 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 to 22 and 45:1-25).
d. The board shall notify all licensed physician assistants of the requirements of this section within 30 days of the date of enactment of P.L.2015, c.224 (C.45:9-27.13a et al.).
L.2015, c.224, s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.15 - Practice of physician assistant.

45:9-27.15 Practice of physician assistant.
6. a. A physician assistant may practice in all medical care settings, including, but not limited to, a physician's office, a health care facility, an institution, a veterans' home, or a private home, provided that:
(1) the physician assistant performs medical services within the physician assistant's education, training, and experience under the supervision of a physician pursuant to section 9 of P.L.1991, c.378 (C.45:9-27.18);
(2) the practice of the physician assistant is limited to those procedures enumerated under section 7 of P.L.1991, c.378 (C.45:9-27.16), and any other procedures that are delegated to the physician assistant by the supervising physician, as authorized under subsection d. of section 7 of P.L.1991, c.378 (C.45:9-27.16);
(3) (Deleted by amendment, P.L.2015, c.224)
(4) the supervising physician or physician assistant advises the patient at the time that services are rendered that they are to be performed by the physician assistant;
(5) the physician assistant conspicuously wears an identification tag using the term "physician assistant" or the designation, "PA-C" or "PA" whenever acting in that capacity; and
(6) any entry by a physician assistant in a clinical record is appropriately signed and followed by the designation, "PA-C" or "PA."
b. Any physician assistant who practices in violation of any of the conditions specified in subsection a. of this section shall be deemed to have engaged in professional misconduct in violation of subsection e. of section 8 of P.L.1978, c.73 (C.45:1-21).
L.1991, c.378, s.6; amended 1992, c.102, s.4; 2015, c.224, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.18 - Supervision.

45:9-27.18 Supervision.
9. a. A physician assistant shall be under the supervision of a physician at all times during which the physician assistant is working in an official capacity. b. Supervision of a physician assistant shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician, provided that the supervising physician and physician assistant maintain contact through electronic, or other means of, communication.
(1) (Deleted by amendment, P.L.2015, c.224)
(2) (Deleted by amendment, P.L.2015, c.224)
(3) (Deleted by amendment, P.L.2015, c.224)
c. (Deleted by amendment, P.L.2015, c.224)
(1) (Deleted by amendment, P.L.2015, c.224)
(2) (Deleted by amendment, P.L.2015, c.224)
(3) (Deleted by amendment, P.L.2015, c.224)
d. (Deleted by amendment, P.L.2015, c.224)
(1) (Deleted by amendment, P.L.2015, c.224)
(2) (Deleted by amendment, P.L.2015, c.224)
(3) (Deleted by amendment, P.L.2015, c.224)
e. It is the obligation of each supervising physician and physician assistant to ensure that: (1) the physician assistant's scope of practice is identified; (2) delegation of medical tasks is appropriate to the physician assistant's level of competence; (3) the relationship of, and access to, the supervising physician is defined; and (4) a process for evaluation of the physician assistant's performance is established.
L.1991, c.378, s.9; amended 1993, c.337, s.2; 1998, c.125, s.2; 2015, c.224, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.18a - Response to emergencies; immunity from civil damages.

45:9-27.18a Response to emergencies; immunity from civil damages.
12. a. A physician assistant licensed in this State, or licensed or authorized to practice in any other jurisdiction of the United States or credentialed as a physician assistant by a federal employer, who is responding to a need for medical care created by an emergency or a State or local disaster, excluding an emergency situation that occurs in the place of the physician assistant's employment, may render such care as the physician assistant is able to provide without supervision, or with such supervision as is available.
b. A physician who supervises a physician assistant providing medical care in response to an emergency or a State or local disaster shall not be required to meet the requirements set forth for a supervising physician in P.L.1991, c.378 (C.45:9-27.10 et seq.).
c. (1) A physician assistant licensed in this State, or licensed or authorized to practice in any other jurisdiction of the United States, who voluntarily and gratuitously, and other than in the ordinary course of employment or practice, renders emergency medical assistance, shall not be liable for civil damages for any personal injury that results from an act or omission by the physician assistant in rendering emergency care that may constitute ordinary negligence.
(2) A physician who supervises a physician assistant voluntarily and gratuitously providing emergency care as described in this subsection shall not be liable for civil damages for any personal injury that results from an act or omission by the physician assistant rendering emergency care.
d. The immunity granted under subsection c. of this section shall not apply to an act or omission constituting gross, willful, or wanton negligence or when the medical assistance is rendered at a hospital, physician's office, or other health care delivery entity where those services are normally rendered.
L.2015, c.224, s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.19b - Regulations relative to physician assistants dispensing certain controlled dangerous substances.

45:9-27.19b Regulations relative to physician assistants dispensing certain controlled dangerous substances.
12. a. Notwithstanding any other provision of law to the contrary, a physician assistant who is otherwise authorized to order, prescribe, and dispense controlled dangerous substances pursuant to P.L.1991, c.378 (C.45:9-27.10 et seq.) may dispense narcotic drugs for maintenance treatment or detoxification treatment if the physician assistant has met the training and registration requirements set forth in subsection (g) of 21 U.S.C. s.823. A physician assistant who is authorized to dispense such drugs may do so regardless of whether the physician assistant's supervising physician has met the training and registration requirements set forth in subsection (g) of 21 U.S.C. s.823, provided that the written delegation agreement between the supervising physician and the physician assistant executed pursuant to subsection d. of section 8 of P.L.1991, c.378 (C.45:9-27.17) included the supervising physician's written approval for the physician assistant to dispense the drugs.
b. Notwithstanding any other provision of law to the contrary, a physician assistant under the direct supervision of a licensed physician may make the determination as to the medical necessity for services for the treatment of substance use disorder, as provided in P.L.2017, c.28 (C.17:48-6nn et al.), and may prescribe such services.
L.2017, c.341, s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-27.20 - Physician Assistant Advisory Committee

45:9-27.20. Physician Assistant Advisory Committee
11. There is created within the State Board of Medical Examiners, a Physician Assistant Advisory Committee. The committee shall consist of five members who are residents of this State, one of whom shall be a public member and one of whom shall be a physician licensed pursuant to chapter 9 of Title 45 of the Revised Statutes. The remaining three members shall be, except for those first appointed, physician assistants licensed in accordance with the provisions of this act. The physician assistant members first appointed to the committee need not be licensed in this State but shall be physician assistants certified by the National Commission on Certification of Physician Assistants.
The Governor shall appoint the members of the committee for a term of three years, except that of the members first appointed, two shall be appointed for a term of one year, two shall be appointed for a term of two years and one shall be appointed for a term of three years. Each member shall serve until his successor has been qualified. Any vacancy in the membership of the committee shall be filled for the unexpired term in the same manner as the original appointments were made. No member shall serve for more than two consecutive terms in addition to any unexpired term to which he has been appointed. The Governor may remove a member of the committee for cause.
Members of the committee shall be compensated and reimbursed for actual expenses reasonably incurred in the performance of their official duties in accordance with subsection a. of section 2 of P.L.1977, c.285 (C.45:1-2.5).
L.1991,c.378,s.11; amended 1992,c.102,s.6.