reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-5 - Nonapplicability of act

45:15BB-5. Nonapplicability of act
5. The provisions of this act shall not apply to the following persons:
a. A person authorized by the laws of this State to practice medicine and surgery, psychology, marriage counseling, chiropractic, acupuncture, physical therapy, occupational therapy, speech pathology and audiology, nursing or any other profession licensed by the State, when acting within the scope of the person's profession or occupation and doing work of a nature consistent with the person's training, if the person does not hold himself out to the public as possessing a license or certificate issued pursuant to this act;
b. A student enrolled in an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education, if the student is practicing as part of a supervised course of study and is clearly designated by the title "social work intern";
c. A person certified as a school social worker by the State Department of Education, but only when performing services on behalf of a local school district to students for whom the school district is responsible to provide services;
d. A rabbi, priest, minister, Christian Science practitioner or clergyman of any religious denomination or sect, when engaging in activities, which are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof;
e. A person engaged in the practice of alcohol or drug abuse intervention, prevention, or treatment if the person does not advertise or use any title, name, or description, the use of which is restricted by section 4 of this act;
f. An employee of the State or a political subdivision thereof which is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, but only in the course of this employment;
g. An employee of a nonprofit organization with a master's degree in a mental health discipline other than social work, who performs psychotherapeutic counseling under the supervision of a licensed clinical social worker or other State-licensed mental health professional; and
h. An employee or volunteer of a nonprofit organization who performs any social work service other than psychotherapeutic counseling, but only in the course of this employment or volunteer activity, and if the person does not advertise or use any title or name the use of which is restricted by section 4 of P.L.1991, c.134 (C.45:15BB-4).
L.1991,c.134,s.5; amended 1995, c.66, s.2; 1997, c.140, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-6 - Licensing of "licensed clinical social worker," "licensed social worker;" certification of social worker

45:15BB-6. Licensing of "licensed clinical social worker," "licensed social worker;" certification of social worker
6. a. The board shall issue a license as a "licensed clinical social worker" to an applicant who has:
(1) Received a master's degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education, or a doctorate in social work from an accredited institution of higher education;
(2) Had at least two years of full-time experience in the practice of clinical social work under the supervision of a clinical social worker licensed by this State or who, by virtue of the supervisor's education and experience, is eligible for licensure in this State as a licensed clinical social worker, or any other supervisor who may be deemed acceptable to the board;
(3) Satisfactorily completed minimum course requirements established by the board to ensure adequate training in methods of clinical social work practice; and
(4) Passed an appropriate examination provided by the board for this purpose.
b. The board shall issue a license as a "licensed social worker" to an applicant who has:
(1) Received a master's degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education or a doctorate in social work from an accredited institution of higher education; and
(2) Passed an appropriate examination provided by the board for this purpose.
c. The board shall certify an applicant who has:
(1) received a baccalaureate degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education ; or
(2) on or before the effective date of this act, acquired a baccalaureate degree in a field related to human services from an accredited institution of higher education and has engaged in full-time social work for at least one year prior to the effective date of P.L.1995, c.66.
L.1991,c.134,s.6; amended 1995,c.66,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-7 - Exemptions from examination requirements

45:15BB-7. Exemptions from examination requirements
An applicant may be exempted from the requirement of taking and passing any examination provided for in this act if the applicant satisfies the board that the applicant is licensed or registered under the laws of a state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially the same educational and experiential requirements as this act, and, pursuant to the laws of the state, territory, or jurisdiction, has taken and passed an examination similar to that from which exemption is sought.
L.1991,c.134,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-8 - Substitution of work experience for certain license or certification requirements, grandfathering

45:15BB-8. Substitution of work experience for certain license or certification requirements, grandfathering
a. For 180 days after the date procedures are established by the board for applying for licensure under subsection a. of section 6 of this act, any person who engaged in full-time clinical social work for three of the last five years immediately preceding the enactment date of this act, including clinical social work in a career service in civil service or social work certified by the State Department of Education, and who meets the educational and experiential requirements set forth in subsection a. of section 6 of this act, may acquire a license as a licensed clinical social worker without sitting for a board approved examination.
b. For 180 days after the date procedures are established by the board for applying for licensure under subsection b. of section 6 of this act, any person who engaged in full-time social work for three of the last five years immediately preceding the enactment date of this act, including social work in a career service in civil service or social work certified by the State Department of Education, and who meets the educational requirements set forth in subsection b. of section 6 of this act, may acquire a license as a licensed social worker without sitting for a board approved examination.
c. For 180 days after the date procedures are established by the board for applying for certification under subsection c. of section 6 of this act, any person who engaged in full-time social work for two of the last five years immediately preceding the enactment date of this act, including social work in career service in civil service or social work certified by the State Department of Education, may acquire a certificate as a certified social worker without proof to the board that the person has met the educational criteria set forth in subsection c. of section 6 of this act.
d. For 180 days after the date procedures are established by the board for applying for licensure under section 6 of this act, any person who does not meet the educational and experiential requirements set forth in subsection a. of section 6 of this act may acquire a license as a licensed clinical social worker without sitting for a board approved examination if the applicant: (1) has a baccalaureate degree in social work or in a closely related field from an accredited institution of higher education; (2) has at least 20 years of professional experience of which at least 10 have been in the full-time practice of social work; and (3) is a certified school social worker and a certified instructor in parent effectiveness training, has a background and experience in medical social work, has worked for the State as a caseworker dealing with youth and family services, has experience and training in crisis intervention, and is recognized by the courts in the State as a qualified expert witness as a social worker.
L.1991,c.134,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-9 - Requirements for renewal of license or certificate

45:15BB-9. Requirements for renewal of license or certificate
a. In addition to any other requirements for licensure or certification, at the time of renewal an applicant shall execute and submit a sworn statement made on a form provided by the board that the certification or license for which renewal is sought has not been revoked, suspended or not renewed by the board or any other jurisdiction.
b. Each applicant shall present satisfactory evidence when seeking certification or license renewal that in the period since the certificate or license was issued or last renewed any continuing education requirements have been completed as specified by the board.
L.1991,c.134,s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-10 - State Board of Social Work Examiners created.

45:15BB-10 State Board of Social Work Examiners created.
10. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, the State Board of Social Work Examiners. The board shall consist of 10 members who are residents of the State, two of whom shall be public members appointed pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be the Commissioner of Human Services, or the commissioner's designee, and one of whom shall be the Commissioner of Children and Families, or the commissioner's designee, the latter two appointed in fulfillment of the requirement of subsection c. of that section. Of the six remaining members, three shall have been actively engaged in the practice of social work for at least five years immediately preceding their appointment, and, except for the members first appointed, one shall be a licensed clinical social worker, one shall be a licensed social worker, and one shall be a certified social worker pursuant to this act. Of the three remaining members, two shall be social work educators, one of whom shall represent a baccalaureate level program and one of whom shall represent a master's level program; and one shall be a social worker with a doctorate level degree, and, all of whom, except for the members first appointed, shall be licensed or certified pursuant to this act.
The Governor shall appoint each member, other than the State executive department member, for terms of three years, except that of the social worker members first appointed, two shall serve for a term of three years, two shall serve for terms of two years and two shall serve for terms of one year. Any vacancy in the membership shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed. The Governor may remove any member of the board, other than the State executive department member, for cause.
L.1991, c.134, s.10; amended 2012, c.16, s.133.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-11 - Powers, duties of board

45:15BB-11. Powers, duties of board
The board shall, in addition to such other powers and duties as it may possess by law:
a. Administer the provisions of this act;
b. Examine and pass on the qualifications of all applicants for license or certification under this act, and issue a license or certificate to each qualified successful applicant, therefor attesting to the applicant's professional qualification to practice as a certified social worker, as a licensed social worker or as a licensed clinical social worker;
c. Examine, evaluate and supervise all examinations and procedures;
d. Adopt a seal which shall be affixed to all licenses and certificates issued by it;
e. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to enable it to perform its duties under and to enforce the provisions of this act;
f. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) that set professional practice standards for licensed clinical social workers in the independent practice of clinical social work for a fee;
g. Annually publish a list of the names and addresses of all persons who are licensed or certified under this act as licensed clinical, licensed or certified social workers, as the case may be;
h. Establish standards for the continuing education of social workers; and
i. Prescribe or change the charges for examinations, certifications, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.).
L.1991,c.134,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-11.1 - Continuing education for social workers.

45:15BB-11.1 Continuing education for social workers.
10. The State Board of Social Work Examiners shall require that the number of credits of continuing education required of each person licensed or certified by the board as a condition of renewal include at least one credit of educational programs or topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion.
L.2017, c.341, s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-11.2 - State Board of Social Work Examiners; rules, regulations.

45:15BB-11.2 State Board of Social Work Examiners; rules, regulations.
25. The State Board of Social Work Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) concerning the duties of a licensed clinical social worker pursuant thereto.
L.2019, c.59, s.25.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-12 - Appointment of Executive Director

45:15BB-12. Appointment of Executive Director
The Executive Director of the board shall be appointed by the director and shall serve at the director's pleasure. The salary of the Executive Director shall be determined by the director within the limits of available funds. The director shall be empowered within the limits of available funds to hire any assistants as are necessary to administer this act.
L.1991,c.134,s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15BB-13 - Disclosure of confidential information by social worker

45:15BB-13. Disclosure of confidential information by social worker
A social worker licensed or certified pursuant to the provisions of this act shall not be required to disclose any confidential information that the social worker may have acquired from a client or patient while performing social work services for that client or patient unless:
a. Disclosure is required by other State law;
b. Failure to disclose the information presents a clear and present danger to the health or safety of an individual;
c. The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action;
d. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf; or
e. A patient or client agrees to waive the privilege accorded by this section, and, in circumstances where more than one person in a family is receiving social work services, each such member agrees to the waiver. Absent a waiver from each family member, a social worker shall not disclose any information received from any family member.
L.1991,c.134,s.13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-12 - Definitions relative to licensing of tree experts, care operators.

45:15C-12 Definitions relative to licensing of tree experts, care operators.
2. For the purposes of this act:
"Board" means the New Jersey Board of Tree Experts established pursuant to section 3 of this act.
"Licensed tree care operator" means a person licensed to provide tree care operator services in the State pursuant to subsection b. of section 7 of this act.
"Licensed tree expert" means a person licensed to provide tree expert services in this State pursuant to subsection a. of section 7 of this act.
"Tree care operator services" means and includes tree pruning, repairing, brush cutting or removal, tree removal, and stump grinding or removal.
"Tree care services" means tree care operator services and tree expert services as established by this act.
"Tree expert services" means and includes tree pruning, repairing, brush cutting or removal, tree removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing, lightning protection, consulting, diagnosis, and treatment of tree problems or diseases, tree management during site planning and development, tree assessment and risk management, and application of pesticides or any other form of tree maintenance.
L.2009, c.237, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-13 - New Jersey Board of Tree Experts.

45:15C-13 New Jersey Board of Tree Experts.
3. There is established in the Department of Environmental Protection the New Jersey Board of Tree Experts. The board shall consist of nine members, including the Commissioner of the Department of Environmental Protection or the commissioner's designee, who shall serve ex officio, and eight members, appointed by the Governor with the advise and consent of the Senate as follows: five shall be licensed tree experts, two shall be licensed tree care operators, and one shall possess knowledge of arboriculture or forestry, including urban forestry. However, of the public members first appointed, three of the five licensed tree expert memberships shall be appointed from the members of the board of tree experts established by P.L.1940, c.100 (C.45:15-1 et seq.), participating on the board on the date of enactment of this act, and the remaining tree experts first appointed shall be certified, on or before the date of enactment of this act, pursuant to the provisions of P.L.1940, c.100 (C.45:15C-1 et seq.). The initial members of the board, including the tree care operators first appointed, need not be licensed until 180 days following the promulgation of initial regulations by the board to carry out the provisions of this act. Thereafter, the members of the board subsequently appointed shall be licensed before appointment. The three members of the board of tree experts shall be appointed for a term of three years, and one of the initial tree care operators shall be appointed for a term of three years; the remaining two initial tree experts and the remaining initial tree care operator shall be appointed for a term of two years; and the initial member possessing knowledge of arboriculture or forestry shall be appointed for a term of one year. Thereafter, all members appointed shall serve for terms of three years or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired terms only.
L.2009, c.237, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-14 - Board, officers, meetings, compensation.

45:15C-14 Board, officers, meetings, compensation.
4. The board shall annually elect from among its members a chairman and a vice-chairman. The board shall meet at least four times per year and may hold additional meetings as necessary to discharge its duties. A majority of the total authorized membership of the board may exercise any of the powers of the board at any meeting. The members of the board shall serve without compensation, but the board may, within the limits of funds appropriated or otherwise made available to it, reimburse members for actual expenses necessarily incurred in the discharge of their official duties, according to rules and regulations promulgated by the Commissioner of the Department of Environmental Protection.
L.2009, c.237, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-15 - Duties of board.

45:15C-15 Duties of board.
5. The board shall:
a. Review the qualifications of an applicant for licensure under the act;
b. Establish standards for examinations for licensure;
c. Issue and renew licenses and assess fees therefor;
d. Establish standards by regulation, which shall include, but not be limited to, the appropriate standards of the American National Standards Institute (ANSI), and any related standards and best management practices;
e. Suspend or revoke licenses or registrations for violations of the act;
f. Maintain a registry of licensees;
g. Adopt a canon of professional ethics;
h. Adopt such regulations as may be necessary to effectuate the purposes of the act;
i. Establish fees by regulation for examinations, applications for licensure, and license renewals. The fees shall be sufficient to defray expenses incurred by the board in the performance of its duties under the act;
j. Conduct such worksite inspections as may be necessary to enforce the provisions of this act; and
k. Maintain a registry of businesses engaged in tree care services, and charge a fee therefor.
L.2009, c.237, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-16 - Development, designation of examinations to determine qualification.

45:15C-16 Development, designation of examinations to determine qualification.
6. The board shall develop an examination or designate examinations to evaluate the knowledge, ability, and fitness of applicants to perform as tree experts or tree care operators, respectively, and shall administer the examinations at least semi-annually at times and places to be determined by the board. The board shall provide for adequate written notice of the time and place of the examinations. An applicant who fails an examination may not retake the examination earlier than three months following the initial examination. There shall be no limitation on the number of times an examination may be taken. All licenses shall be issued on a biennial basis. A person may seek renewal of a license upon submission of a renewal application and the payment of a renewal fee established by the board. If a license expires without being renewed, the license may be renewed within one year of expiration upon the payment of a prorated fee. The determination of the board as to an applicant's qualifications for any examination shall constitute final agency action.
L.2009, c.237, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-18 - Form for application; maintenance of records.

45:15C-18 Form for application; maintenance of records.
8. a. Applications for licenses as a tree expert or a tree care operator shall be on forms prescribed and furnished by the board and shall contain statements under oath showing the applicant's education or other qualification for licensure. The application shall be accompanied by an application fee as established by the board by regulation. No license shall be issued in the name of a corporation, firm, partnership, or other form of business organization.
b. The board shall maintain a record of all individual applicants for licensure and all licensees, including the person's name, age, education, and other qualifications, the person's place of residence, the location in which the person is employed, and a record of the person's fulfillment of any continuing education requirements established by this act.
c. The board may, in its discretion, grant a tree expert license or a tree care operator license to any person who is not a resident of this State and who is the lawful holder of a substantially equivalent license or certification issued by another jurisdiction, as determined by the board.
L.2009, c.237, s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-19 - Continuing education requirement.

45:15C-19 Continuing education requirement.
9. a. Every licensed tree expert and licensed tree care operator shall complete, as a condition for biennial license renewal, no less than 32 credits of continuing education in courses of study approved by the board. Each hour of instruction shall be equivalent to one credit. The board may waive requirements for continuing education on an individual basis for reasons of hardship such as illness or disability or other good cause. Evidence of the fulfillment of this requirement shall be submitted to the board in a form and manner established by the board.
b. The board shall review the content of courses of study offered by colleges, universities, and other institutions or organizations for the awarding of degrees or credits in subjects related to arboriculture and make the list available to the public. The board shall establish and maintain minimum requirements for courses to meet continuing education requirements by establishing a list of approved subjects and courses of study.
L.2009, c.237, s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-20 - Compliance with laws and regulations in rendering professional services.

45:15C-20 Compliance with laws and regulations in rendering professional services.
10. In rendering professional services, a licensed tree expert or licensed tree care operator shall comply in all respects with the applicable laws and regulations pertaining to tree expert or tree care operator services and shall have the duty to make every reasonable effort to protect the safety, health, property, and welfare of the public. This shall include ensuring the safe operation of all equipment used in the performance of tree expert or tree care operator services, under guidelines established by the Department of Environmental Protection or by the board.
L.2009, c.237, s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-21 - Refusal to issue, renew, suspension, revocation of license.

45:15C-21 Refusal to issue, renew, suspension, revocation of license.
11. The board may refuse to issue or renew or may suspend or revoke a license or may refuse to admit a person to an examination for licensure, after notice and hearing, upon a finding that an applicant or licensee:
a. Has obtained a license or authorization to sit for an examination through fraud, deception, or misrepresentation;
b. Has conducted work, or allowed work to be conducted under his supervision, in a manner not in compliance with standards approved by the board;
c. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his business;
d. Has engaged in gross negligence or gross incompetence;
e. Has engaged in repeated acts of negligence or incompetence;
f. Has engaged in occupational misconduct, as determined by the board;
g. Has been convicted of any crime involving moral turpitude, any crime relating adversely to the activities regulated by the board, or any crime of the first, second, third, or fourth degree;
h. Has had his authority to engage in the activities regulated by the board revoked or suspended by any other state, agency, or authority;
i. Has failed to comply with the provisions of this act or any regulation promulgated pursuant thereto, including canons of ethics established by the board;
j. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the health, safety, and welfare of the public;
k. Has engaged in any form of false or misleading advertising or promotional activities, including, but not limited to, holding himself out to be a licensed tree expert, an arborist, licensed tree care operator, a tree surgeon, a tree care business, or any similar designation, or using the abbreviation "L.T.E." or "L.T.C.O." without being licensed as a tree expert or a tree care operator as provided for in this act; or
l. Has failed to maintain records required by the board.
L.2009, c.237, s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-22 - Biennial registration; required information.

45:15C-22 Biennial registration; required information.
12. Every business engaged in providing tree expert or tree care operator services shall register biennially with the board as a condition of doing business in this State and shall provide the following information:
a. The name and residence of the owner or owners of the tree care business;
b. The principal address of the tree care business, and any branch office or subsidiary of the business;
c. The names and addresses of every licensed tree expert or licensed tree care operator employed by the business and the location of each such licensee, if at a branch office other than the business' main office;
d. Proof of general liability insurance or a letter of credit of a type and amount required by the board by regulation;
e. Proof of workers' compensation insurance coverage required pursuant to chapter 15 of Title 34 of the Revised Statutes;
f. Proof that at least one employee of the tree care business, located at the principal office of the tree care business shall be licensed either as a tree expert or tree care operator, and at least one employee of the tree care business, located at each branch office of the tree care business shall be licensed either as a tree expert or tree care operator; and
g. Any other information required by the board.
L.2009, c.237, s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-23 - Instruction, training for employees.

45:15C-23 Instruction, training for employees.
13. Every tree care business shall provide instruction and training for its employees in the proper use, inspection and maintenance of tools and equipment and shall require that safe working practices are observed in accordance with the appropriate standards of the American National Standards Institute (ANSI), as well as any additional standards designated by the board by regulation. Every tree care business shall submit documentation of its training program for employees to the board annually, which shall include a model tree safety program checklist, proof of general liability insurance coverage or a letter of credit in an amount established by the board, and proof of workers' compensation insurance.
L.2009, c.237, s.13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-24 - Revocation, suspension of registration.

45:15C-24 Revocation, suspension of registration.
14. The board may revoke or suspend a registration of any tree care business, after notice and hearing, that the business:
a. Has failed to demonstrate that the employer, or at least one employee in each principal office and branch location who is responsible for the supervision of workers in the performance of tree expert or tree care operator services, is in possession of a tree expert license or a tree care operator license;
b. Has failed to ensure the safe operation of all equipment used in the performance of tree expert or tree care operator services;
c. Has allowed work to be conducted in a manner not in compliance with standards approved by the board;
d. Has failed to provide instruction and training for its employees, as required by this act;
e. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his business;
f. Has been found guilty of gross negligence or incompetence;
g. Has had the authority to engage in tree expert or tree care operator services revoked or suspended by any other state, agency, or authority;
h. Has failed to comply with the provisions of this act or any regulation promulgated pursuant thereto;
i. Has engaged in any form of false or misleading advertising or promotional activities; or
j. Has failed to maintain records required by the board.
L.2009, c.237, s.14.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-25 - Cooperation with DEP, board.

45:15C-25 Cooperation with DEP, board.
15. In the performance of tree expert or tree care operator services, a licensed tree expert or licensed tree care operator and every tree care business shall cooperate fully with the Department of Environmental Protection and the board in an investigation or adjudication of an alleged violation of this law or any regulations promulgated pursuant thereto, and upon request, shall provide copies of any documents that shall be requested in connection therewith.
L.2009, c.237, s.15.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-26 - Investigation of unlawful activity.

45:15C-26 Investigation of unlawful activity.
16. Whenever it shall appear to the board or the Department of Environmental Protection that a person has engaged in, or is engaging in, any unlawful activity under the provisions of this act, the person may be required to file, on a form prescribed by regulation, a statement in writing under oath as to the facts and circumstances concerning the rendering of any service or other violation of this act. The board or the department may examine any person in connection with any act or practice subject to the act, inspect any premises upon which any violation is alleged to have taken place or premises that constitute the licensee's place of business, and examine any record, book, document, account or paper maintained by or for any licensee in the conduct of his business.
L.2009, c.237, s.16.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-27 - Notice, hearing prior to suspension, revocation of license.

45:15C-27 Notice, hearing prior to suspension, revocation of license.
17. Suspension or revocation of a license by the board shall take place only following notice and a hearing, sent to the licensee at least 20 days prior to the hearing. No license shall be revoked or suspended until the conclusion of any hearing. The board shall render its judgment no later than 20 days following the conclusion of the hearing.
L.2009, c.237, s.17.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-28 - Additional fines.

45:15C-28 Additional fines.
18. In addition to suspension or revocation of a license, the board may levy a fine, not to exceed $1,000 for a first violation and not to exceed $2,500 for a second or subsequent violation of this act. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. The civil penalty shall be issued for and recovered by and in the name of the board, and shall be collected by summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), including reimbursement for the cost of investigation.
L.2009, c.237, s.18.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-29 - Injunction prohibiting act, practice.

45:15C-29 Injunction prohibiting act, practice.
19. Whenever it shall appear to the board or the Department of Environmental Protection that a violation of this act 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 the act or practice. The court may assess a civil penalty in accordance with the provisions of this act, but the court shall not suspend or revoke any license issued by the board.
L.2009, c.237, s.19.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-31 - Inapplicability of act.

45:15C-31 Inapplicability of act.
21. The provisions of this act shall not apply to:
a. Any public utility or any employee of a public utility while engaged in the actual performance of his duties as an employee;
b. Any employer under contract with a public utility who is engaged in tree trimming or any other utility vegetation management practice for purpose of line clearance, or any employee of the employer while engaged in the actual performance of duties in regard to tree trimming or other utility vegetation management practice or for the installation of underground facilities or associated site construction;
c. Any forestry activities that are conducted under the forest management and stewardship programs approved by the State Forester, provided that tree climbing is not performed, nor are aerial lifts, cranes, or rope and rigging operations used;
d. Landscape construction activities, including those performed by, or under the direction of, a landscape architect, or ground based landscape maintenance activities such as pruning, fertilization, insect and disease control, planting, transplanting and all other forms of ground based landscape maintenance, in compliance with the sections of the American National Standards Institute practice standards set forth by the board by regulation, with applicable safety standards and regulations promulgated by the federal Occupational Safety and Health Administration, and with any pesticide regulations promulgated by the Department of Environmental Protection. For the purposes of this subsection, ground based landscape maintenance means operations that do not involve climbing, the use of aerial lifts, cranes, rope and rigging operations, or the removal of trees over 6 inch D.B.H;
e. Any person or employer that does not offer tree care services for hire;
f. Any trees being removed pursuant to an approved site plan or subdivision approval, provided that the tree removal activities are performed in compliance with the sections of the American National Standards Institute practice standards set forth by the board by regulation, with applicable safety standards and regulations promulgated by the federal Occupational Safety and Health Administration, and with applicable safety standards of the American National Standards Institute as designated by the board by regulation; and
g. Any employee of a municipality or county while engaged in the actual performance of his duties as an employee.
L.2009, c.237, s.21.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:15C-32 - Deposit, use of fees and penalties.

45:15C-32 Deposit, use of fees and penalties.
22. All fees and penalties collected pursuant to this act shall be deposited with the board, and their use shall be authorized by the board for the purposes of carrying out the provisions of this act.
L.2009, c.237, s.22.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-1 - Board of Veterinary Medical Examiners

45:16-1. Board of Veterinary Medical Examiners
The State Board of Veterinary Medical Examiners, hereinafter in this chapter designated as the "board," created and established by an act entitled "An act to regulate the practice of veterinary medicine, surgery and dentistry in the State of New Jersey, to license veterinarians and to punish persons violating the provisions thereof," approved March 17, 1902 (L. 1902, c. 18, p. 36), as amended and supplemented, is continued. The board shall consist of five members, each of whom shall be a person of recognized professional ability and honor in the veterinary profession in this State and shall have practiced veterinary medicine and surgery in the State for at least five years immediately preceding appointment to the board.
Upon the expiration of the term of office or resignation of a member, a successor shall be appointed by the Governor for a term of three years from the first Monday of May of the year of appointment. The board shall additionally consist of any members who may be required by section 2 of P.L. 1971, c. 60 (C. 45:1-2.2). No member shall be appointed to more than three successive full terms. Each member shall hold office until a successor has qualified.
Amended by L. 1938, c. 277, p. 604, s. 9; L. 1965, c. 216, s. 1; L. 1983, c. 98, s. 3, eff. March 11, 1983; L. 1985, c. 495, s. 1, eff. Jan. 21, 1986.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-1.1 - Definitions

45:16-1.1. Definitions
As used in this act:
a. "Animal or veterinary facility" means any fixed or mobile establishment, veterinary hospital, animal hospital or premises wherein or whereon the practice of veterinary medicine or any part thereof is conducted.
b. "Person" means any individual, firm, partnership, association, joint venture, cooperative, corporation incorporated under Title 14A of the New Jersey Statutes, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of any person.
c. "Qualified veterinary graduate" means a graduate of a veterinary college or university approved by the board, a graduate of a veterinary college or university which is not approved by the board, but who has received a certificate from an accrediting or qualifying body recognized by the board for the purpose of licensure examination, or a veterinarian who has qualified under the provisions of the American Veterinary Medical Association's Education Commission for the Foreign Veterinary Graduate.
L.1983, c. 98, s. 1, eff. March 11, 1983.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-2 - Oath of office; vacancies; removals

45:16-2. Oath of office; vacancies; removals
Each appointee shall, before assuming the duties of office, and within thirty days after the receipt of his commission, take, subscribe and file, in the office of the secretary of state, the oath or affirmation of office. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for an original appointment. The governor may remove any member of the board for continued neglect of the duties required by this article, for incompetency or for unprofessional or dishonorable conduct.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-3 - Officers; seal; subpoenas; rules and regulations

45:16-3. Officers; seal; subpoenas; rules and regulations
The board shall elect from its own membership a president, a secretary and a treasurer. It shall have a common seal, and its president may issue subpoenas and administer oaths in taking testimony in any matter pertaining to the duties of the board. It shall make and adopt all necessary rules and regulations and by-laws for carrying into effect the provisions of this chapter not inconsistent with the laws of the state or of the United States.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-4 - Meetings; examinations; quorum.

45:16-4 Meetings; examinations; quorum.
45:16-4. The board shall hold two or more meetings for examinations each year at such time and place as it shall determine, due notice of which shall be made public. At all meetings a majority of the members of the board shall constitute a quorum, but the examination of applicants for a license may be conducted by a committee of one or more veterinary members duly authorized by the board. The board shall examine all diplomas and credentials as to their authenticity. Each applicant for a license shall submit to an examination, to be written, oral, or both, designed to test the examinee's knowledge of any laws, rules and regulations applicable in this State.
Amended 1965, c.216, s.2; 1983, c.98, s.4; 2003, c.227, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-5 - Issuance and recording of licenses

45:16-5. Issuance and recording of licenses
The board shall issue forthwith to each applicant who has passed the examination, and who shall have been adjudged duly qualified for the practice of veterinary medicine, surgery and dentistry, a license to practice the same. The license shall be subscribed by the president and secretary of the board and shall have affixed to it, its corporate seal. Before the license is issued it shall be recorded in a book kept in the office which the board shall establish for the purpose of carrying out the provisions of this chapter, and the number of the book and the page therein containing the recorded copy shall be noted on the face of the license. Such records shall be open to public inspection with proper restrictions as to their preservation.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-6.1 - Pharmacists informed of veterinarian's license and medical status

45:16-6.1. Pharmacists informed of veterinarian's license and medical status
3. The State Board of Veterinary Medical Examiners shall notify each pharmacy owner in the State in writing of any veterinarian permitted to prescribe or administer a controlled dangerous substance in the course of professional practice whose license to practice has been suspended, revoked, or voluntarily surrendered, or who has been ordered to cease and desist from prescribing or administering certain substances. The board shall also notify the pharmacy owners when the veterinarian's license to practice or authority to prescribe or administer certain substances has been reinstated.
Pursuant to section 4 of P.L.1991, c.304 (C.45:14-3.2), the board shall request the Board of Pharmacy of the State of New Jersey to provide the board with a list of names and addresses of the pharmacy owners in the State.
L.1991,c.304,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:16-7 - Application for examination; fee; qualifications of applicants.

45:16-7 Application for examination; fee; qualifications of applicants.
45:16-7. A person desiring to commence the practice of veterinary medicine, surgery and dentistry in this State shall deliver to the secretary of the board a fee to be determined by the board for filing the application for examination and a fee to be determined by the board for the examination, together with satisfactory proof that the applicant is a qualified veterinary graduate as defined in this act or who shall provide a certification acceptable to the board that the applicant will be awarded a degree in veterinary medicine at graduation during the academic year from the college or university the applicant attends and has passed a national licensing examination as required by the board. No applicant, however, shall be licensed prior to graduation from a veterinary college or university.
Amended 1942, c.236, s.2; 1952, c.198, s.7; 1965, c.216, s.4; 1983, c.98, s.5; 2002, c.20; 2003, c.227, s.2.