reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-41.31 - Waiver of requirements.

45:9-41.31 Waiver of requirements.
8. The board may, in its discretion, waive requirements for continuing chiropractic and chiropractic assistant education on an individual basis for reasons of hardship, such as illness or disability, retirement of the license, or other good cause.
L.2009, c.322, s.8; amended 2015, c.283, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-41.32 - Noncompliance, civil penalty; regulations.

45:9-41.32 Noncompliance, civil penalty; regulations.
9. a. The board shall not require a new licensee to complete required continuing chiropractic education credits for any registration period commencing within 12 months of the licensee's participation in and completion of an accredited graduate chiropractic education program.
b. Any person who fails to complete the continuing chiropractic education requirements established pursuant to section 5 of this amendatory and supplementary act shall be liable to a civil penalty of not more than $500 or a designated number of additional hours of continuing chiropractic education, or both, as imposed by the board for a first offense. A second or subsequent offense by a licensee may be considered professional misconduct.
c. The board shall promulgate regulations concerning continuing education requirements within 180 days of the effective date of this amendatory and supplementary act.
L.2009, c.322, s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-41.33 - License necessary to practice as chiropractic assistant; exceptions.

45:9-41.33 License necessary to practice as chiropractic assistant; exceptions.
5. a. No person shall practice as a chiropractic assistant unless the person holds a valid license to practice as a chiropractic assistant in this State pursuant to sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.), except any student enrolled in an educational program recognized by the board that leads to a diploma or certification as a chiropractic assistant shall be permitted to provide clinical services under the supervision of a chiropractor to gain the necessary practical clinical experience. A licensed chiropractic assistant shall be considered a licensed healthcare professional and the chiropractic assistance services delegated to the assistant by a supervising chiropractor shall be considered performed incident to the license of the supervising chiropractor.
b. No person, business entity or its employees, agents, or representatives shall use the title "chiropractic assistant" or any other title, designation, words, letters, abbreviations, or insignia indicating the practice of chiropractic assistance unless licensed to practice chiropractic assistance under the provisions of P.L.2015, c.283 (C.45:9-41.33 et al.).
L.2015, c.283, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-41.34 - Qualifications for licensure.

45:9-41.34 Qualifications for licensure.
6. To qualify for licensure as a chiropractic assistant by the board, an applicant shall:
a. Be at least 18 years of age;
b. Have received a high school diploma or a certificate of high school equivalency;
c. Be of good moral character;
d. Have completed an application in a manner and form prescribed by the board and paid all applicable fees required by the board;
e. Have completed an education program suitable for licensed chiropractic assistants, as determined by the board;
f. Have passed a competency examination approved by the board; and
g. Have completed practical clinical training, as determined by the board.
L.2015, c.283, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-41.35 - Issuance of license; renewal; fee.

45:9-41.35 Issuance of license; renewal; fee.
7. The board shall issue a license to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.).
All licenses shall be issued for a two-year period upon the payment of the licensure fee prescribed by the board, and shall be renewed upon filing of a renewal application, the payment of a licensure fee, and presentation of satisfactory evidence that the renewal applicant has successfully completed 15 credit hours of continuing education, to be completed during each biennial period.
L.2015, c.283, s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-41.36 - Conditions for issuance of license.

45:9-41.36 Conditions for issuance of license.
8. The board shall issue a license to any applicant who has:
a. complied with subsections a. through d. of section 6 of P.L.2015, c.283 (C.45:9-41.34);
b. a current chiropractic assistant license, registration, certification, or equivalent, in good standing, in another state whose requirements are substantially similar to or greater than the requirements under sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.), as determined by the board; and
c. presented documentation to the board that the license in another jurisdiction has not been suspended, revoked, or otherwise restricted for any reason except non-renewal.
L.2015, c.283, s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.3 - Meetings for examination and licensure of applicants for license; record; register

45:9-42.3. Meetings for examination and licensure of applicants for license; record; register
The State Board of Medical Examiners shall, in addition to conducting examinations for licenses to practice all professions placed under its jurisdiction, hold meetings for the licensure or examination, or both, of all applicants under this act for a license as a bio-analytical laboratory director not less than twice each year which meetings shall be held at such times and places as the board shall designate. The board shall keep an official record of all such meetings and an official register of all applicants for such license.
L.1953, c. 420, p. 2101, s. 3. Amended by L.1981, c. 314, s. 2, eff. Dec. 3, 1981.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.4 - Application for plenary or specialty license; fee

45:9-42.4. Application for plenary or specialty license; fee
All persons desiring a bio-analytical laboratory director's license shall apply therefor to the board.
a. Every applicant for plenary license shall present to the secretary of the board, at least 30 days before the examination at which he requests to be examined and every applicant for a specialty license shall also present to the secretary of the board a written application on a form provided by the board, together with satisfactory proof that he is more than 18 years of age, is of good moral character and has met satisfactorily all the necessary requirements of education, training and experience or certification as hereinafter provided.
b. A fee of $100.00 shall accompany all applications.
L.1953, c. 420, p. 2102, s. 4. Amended by L.1981, c. 314, s. 3, eff. Dec. 3, 1981.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.10 - Retention of application and examination papers

45:9-42.10. Retention of application and examination papers
All application and examination papers shall be retained in the files of the said board for at least five years, and they shall be prima facie evidence of all matters therein contained.
L.1953, c. 420, p. 2104, s. 10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.11 - License certificates

45:9-42.11. License certificates
License certificates shall be issued to successful applicants and shall be signed by the president and the secretary of the board and shall be attested by the seal thereof. The certificate shall be displayed in a prominent place in the laboratory where the licensee practices.
L.1953, c. 420, p. 2105, s. 11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.12 - License required to conduct laboratory

45:9-42.12. License required to conduct laboratory
On and after January first, one thousand nine hundred and fifty-four, it shall be unlawful for any person to conduct a bio-analytical laboratory in this State, unless such person is the holder of a bio-analytical laboratory director's license.
L.1953, c. 420, p. 2105, s. 12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.15 - Annual certificate of registration

45:9-42.15. Annual certificate of registration
Every licensed bio-analytical laboratory director shall procure each year from the secretary of the board, on or before January 1, an annual certificate of registration which shall be issued by said secretary upon the payment of a fee, in an amount to be fixed by the board, not to exceed $15.00. The secretary shall mail to each licensed bio-analytical laboratory director, on or before October 1 of each year, a printed blank form to be properly filled in and returned to said secretary by such licensee on or before the succeeding November 1, together with such fee. Upon the receipt of said form, properly filled in, and such fee, the annual certificate of registration shall be issued and transmitted. Said secretary shall annually, on or before March 1, mail to each licensed bio-analytical laboratory director, and to each physician, or member of other profession licensed by the board, a list of the names and addresses of all bio-analytical laboratories and licensed bio-analytical laboratory directors registered under this act for said year. Every bio-analytical laboratory director, who continues to operate or direct a laboratory after having failed to obtain an annual certificate of registration at the time and in the manner required by this act, shall be subject to a penalty of $25.00 for each such failure.
L.1953, c. 420, p. 2106, s. 15. Amended by L.1971, c. 236, s. 4, eff. June 23, 1971.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.18 - Overall management, direction of laboratory.

45:9-42.18 Overall management, direction of laboratory.
18. Each bio-analytical laboratory shall be under the overall management and direction of either:
(a) a person licensed to practice medicine and surgery in the State of New Jersey, or
(b) a licensed bio-analytical laboratory director, who shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation as needed.
L.1953, c.420, s.18; amended 2016, c.86, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.20 - Exemptions.

45:9-42.20 Exemptions.
20. The provisions of this act shall not affect:
a. Physicians or members of other professions who, in their private practices perform bio-analytical laboratory tests in their own offices or laboratories for their own patients pursuant to licenses respectively granted to them according to law.
b. Nonprofit research institutions.
c. Bio-analytical laboratories of hospitals, licensed by the Department of Health, where the work is confined to regularly admitted patients or registered clinic patients of the hospital.
d. Bio-analytical laboratories operated by the United States Government, the Department of Health, or any county or municipality of the State.
e. Facilities at which the only testing that is conducted is point-of-care laboratory testing
L.1953, c.420, s.20; amended 2016, c.86, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.22 - Unprofessional and unethical conduct

45:9-42.22. Unprofessional and unethical conduct
The following shall be considered as unprofessional and unethical conduct within the meaning of said terms as set forth in section 13(e) of this act:
a. The violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this act.
b. Deleted by amendment.
c. Deleted by amendment.
d. Deleted by amendment.
e. Using, displaying or listing the name of a deceased bio-analytical laboratory director of this State by a registered bio-analytical laboratory in connection with its practice for a period of more than 1 year after the death of a bio-analytical laboratory director.
f. Using, displaying, or listing the name of a bio-analytical laboratory director who has retired from active practice, or who has sold his practice, or has moved to another state and is in practice in that state, by a registered bio-analytical laboratory director in connection with his practice for a period of more than 1 year after such retirement, sale or removal.
g. Practices involving rebates and discounts, or other financial inducements for the obtaining of referrals, either direct or indirect, shall be considered unprofessional and unethical practice.
h. Conduct, which, in the opinion of the board, disqualifies a licensee to practice with safety to the public.
The foregoing paragraphs are not intended as a complete definition of that which constitutes unprofessional or unethical conduct. The board may, by rule, establish additional standards of professional and ethical conduct.
L.1953, c. 420, p. 2108, s. 22. Amended by L.1975, c. 166, s. 22, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.23 - Partial invalidity

45:9-42.23. Partial invalidity
In the event that any section or portion thereof, or any provision of this act, shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not impair the remainder thereof, but shall be confined strictly in its operation to the particular clause, section, paragraph or part thereof so held to be invalid.
L.1953, c. 420, p. 2111, s. 23.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.24 - Health officials; right to inspect and supervise laboratories or tests

45:9-42.24. Health officials; right to inspect and supervise laboratories or tests
This act shall not affect the right of the State Department of Health, or any local Board of Health and their representatives to inspect and supervise laboratories or laboratory tests performed for governmental agencies or in connection with administration of any law.
L.1953, c. 420, p. 2111, s. 24.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.25 - Disposition of fees and other moneys

45:9-42.25. Disposition of fees and other moneys
All fees, fines, penalties and other moneys derived from the operation of this act shall be paid to the board, and remitted by it to the State Treasurer.
L.1953, c. 420, p. 2111, s. 25.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.28 - License; necessity; categories

45:9-42.28. License; necessity; categories
No person shall conduct, maintain, or operate a clinical laboratory or solicit or accept specimens for laboratory examination unless a license therefor has been obtained from the department pursuant to the terms of this act. A separate license shall be obtained for each location. A clinical laboratory license shall be obtained for all or any designated part of any one or more of the following categories, or other categories as may be included in rules and regulations promulgated pursuant to this act:
a. Microbiology, including the subcategories of bacteriology, virology, mycology, and parasitology;
b. Serology, including syphilis serology, nonsyphilis serology;
c. Hematology, including immunohematology; and,
d. Clinical chemistry, including urinalysis, chemical toxicology, and in vitro radioisotope technic.
L.1975, c. 166, s. 3, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.29 - License; application; form; contents; fee; annual renewal

45:9-42.29. License; application; form; contents; fee; annual renewal
All clinical laboratories operating prior to the effective date of this act shall be issued a license upon submission of a properly completed application form and payment of the requisite fee. Said license shall thereafter be renewable, on a calendar year basis, subject to all provisions of this act. The license application form shall include, but need not be limited to the following information:
a. The name and address of the clinical laboratory owner and his authorized agent and such information regarding the owner and agent as may be required;
b. The name and address of the clinical laboratory director;
c. The name and address of the clinical laboratory for which the license is requested and a description and plan of the premises to be occupied for the operation of said laboratory;
d. A list of the major laboratory equipment to be utilized; and,
e. The tests to be performed in the clinical laboratory.
L.1975, c. 166, s. 4, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.30 - Annual issuance and expiration; renewal; fees; display

45:9-42.30. Annual issuance and expiration; renewal; fees; display
All clinical laboratory licenses shall be issued on or before January 1 in each calendar year and shall expire on December 31 in each calendar year. Application for renewal therefor shall be made at such time and in such manner as shall be prescribed by the department. The commissioner shall charge for a license or renewal such reasonable fees as he shall prescribe by rule or regulation. The license shall be conspicuously displayed by the licensee on the premises of a clinical laboratory.
L.1975, c. 166, s. 5, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.31 - Owner and director; joint and separate responsibility for compliance

45:9-42.31. Owner and director; joint and separate responsibility for compliance
The owner and director of a clinical laboratory shall be jointly and separately responsible for its compliance with this act and regulations as may be promulgated hereunder.
L.1975, c. 166, s. 6, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.32 - Transfer of license; prohibition; change in ownership or direction; notice and reapplication

45:9-42.32. Transfer of license; prohibition; change in ownership or direction; notice and reapplication
No license issued under the provisions of this act shall be transferable. A change in ownership or direction of a licensed laboratory shall require notification to the department within 14 calendar days and reapplication for licensure.
L.1975, c. 166, s. 7, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.33 - Provisions not applicable.

45:9-42.33 Provisions not applicable.
8. The provisions of this act shall not apply to:
a. Clinical laboratories operated and maintained exclusively for research and teaching purposes, involving no patient or public health services whatsoever;
b. Clinical laboratories operated by the United States Government, or blood banks licensed under P.L.1963, c.33 (C.26:2A-2 et seq.);
c. Clinical laboratories specifically exempted from the provisions of this act by rules and regulations promulgated by the Public Health Council pursuant to section 9 of P.L.1975, c.166 (C.45:9-42.34);
d. Clinical laboratories which are operated by the Department of Corrections, any county jail, any county probation department, or any drug or alcohol treatment center providing services to persons under the jurisdiction of any of these agencies or in a program of supervisory treatment pursuant to the provisions of N.J.S.2C:43-13 and which perform only urinalysis for screening purposes to detect the presence of alcohol or illegal substances. The Attorney General shall approve procedures, methods, and devices used by these agencies or centers in screening for alcohol or illegal substances; or
e. Facilities at which the only testing that is conducted is point-of-care laboratory testing.
L.1975, c.166, s.8; amended 1991, c.26; 2016, c.86, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.34a - Calculation of glomerular filtration rate when testing to diagnose kidney disease.

45:9-42.34a Calculation of glomerular filtration rate when testing to diagnose kidney disease.
1. The director of a clinical laboratory licensed in this State pursuant to P.L.1975, c.166 (C.45:9-42.26 et seq.) shall provide that when the laboratory tests a specimen to determine a patient's serum creatinine level, as ordered or prescribed by a health care professional authorized to make such an order or prescription, the laboratory shall calculate the patient's glomerular filtration rate using such information as is provided by the health care professional or patient, as applicable. The laboratory shall include the patient's glomerular filtration rate with its report to the health care professional.
L.2005,c.236.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.35 - Rules and regulations; license application, issuance, renewal and expiration

45:9-42.35. Rules and regulations; license application, issuance, renewal and expiration
The commissioner shall establish reasonable rules and regulations for license application, issuance, renewal and expiration.
L.1975, c. 166, s. 10, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.36 - Advisory committee

45:9-42.36. Advisory committee
An advisory committee shall be appointed by the commissioner and shall serve for a term of 2 years, with no member serving for more than two consecutive terms. Members of the advisory committee shall serve in a voluntary capacity to advise the department on all matters relating to this act and shall consist of two persons who are diplomates of the American Board of Pathology, two directors of private clinical laboratories who are not pathologists, one physician who is not a pathologist, one medical technologist, one private citizen not directly related to the practice of medicine or the operation of a clinical laboratory and such additional members as the commissioner may in his discretion appoint. Members shall serve without compensation but shall receive actual and necessary expenses.
L.1975, c. 166, s. 11, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.37 - Clinical laboratory evaluation program.

45:9-42.37 Clinical laboratory evaluation program.
12. The department shall establish and conduct a clinical laboratory evaluation program to:
a. Prescribe minimum standards of performance in the examination of specimens, and any standards that would exceed the standards established under federal rules and regulations promulgated pursuant to the "Clinical Laboratories Improvement Amendments of 1988," Public Law 100-578 (42 U.S.C.s.263a) shall only be promulgated after a rulemaking process that includes notice and comment and a public hearing;
b. Test the proficiency of clinical laboratories to determine if the minimum standards of performance established pursuant to P.L.2016, c.86 are being met;
c. Develop and organize appropriate consultation and training activities in clinical laboratory procedures with the purpose of improving the quality of performance of clinical laboratories licensed by this act;
d. In lieu of routine on-site survey and inspection of any clinical laboratory to determine compliance with this Act, the department may instead formally recognize and rely upon the routine survey and inspection of clinical laboratories by any accreditation entity approved by the Centers for Medicare and Medicaid Services pursuant to the "Clinical Laboratories Improvement Amendments of 1988," Public Law 100-578 (42 U.S.C. s.263a), provided the department determines that the standards of the accreditation entity are equivalent to the department's standards for on-site survey and inspection; and
e. Nothing contained in this section shall be construed to limit the department's authority to rely upon the inspection and survey results of any accreditation entity approved by the Centers for Medicare & Medicaid Services pursuant to the "Clinical Laboratories Improvement Amendments of 1988," Pub.L.100-578 (42 U.S.C.s.263a), or conduct a complaint inspection of any laboratory at any time.
L.1975, c.166, s.12; amended 2016, c.86, s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.38 - Right of entry and inspection

45:9-42.38. Right of entry and inspection
The department and any officers or employees thereof in the performance of any duty imposed by this act shall have the power and authority to enter at any time and inspect any clinical laboratory for the purpose of studying and evaluating the operation, supervision, records, and procedures of such facilities and to determine their effect upon the health and safety of the people of this State.
L.1975, c. 166, s. 13, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.39 - Confidentiality of information, examination upon application to court

45:9-42.39. Confidentiality of information, examination upon application to court
All reports submitted under the provisions of this act and any information obtained in the course of inspections shall be deemed confidential and may be examined only upon application to a court of competent jurisdiction in association with proceedings related to suspension, limitation, or revocation of a license under this act. This provision shall in no way interfere with the department's powers to summarize, analyze and publish information obtained during the course of carrying out provisions of this act so long as the specific identity of individual laboratories is not disclosed, nor shall it be considered to limit the department's powers in disclosing results of an action in suspending, limiting or revoking a license of a specific laboratory under the provisions of this act.
L.1975, c. 166, s. 14, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.40 - Denial, revocation, suspension, limitation, annulment or denial of renewal; grounds

45:9-42.40. Denial, revocation, suspension, limitation, annulment or denial of renewal; grounds
A clinical laboratory license may be denied, revoked, suspended, limited, annulled, or renewal thereof may be denied by the commissioner for good cause, including but not limited to:
a. Making false statements on an application for a clinical laboratory license or any other documents required by the department.
b. A reasonable finding by the department that the quality of performance of clinical laboratory tests is below those set by the department and that remedial measures such as consultation and training are not accepted or do not result in improvement to a level of proficiency acceptable to the department.
c. Reporting of fictitious results not based on test performance.
d. Performing a test and rendering a report thereon to a person not authorized by law to receive such services.
e. Referring a specimen for examination to an unlicensed clinical laboratory that is required to be licensed under this act.
f. Knowingly having professional connection with or lending the use of the name of the licensed clinical laboratory to an unlicensed clinical laboratory.
g. Violating or aiding and abetting in the violation of any provision of this act or the provisions of the State Sanitary Code.
h. Failing to file any report required by the provisions of this act or the provisions of the State Sanitary Code.
i. Representing that the laboratory is entitled to perform any laboratory procedure or category of procedures not authorized in its license.
L.1975, c. 166, s. 15, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.41 - Refusal to grant, suspension, limitation or revocation of license; notice; hearing; service of order; summary suspension

45:9-42.41. Refusal to grant, suspension, limitation or revocation of license; notice; hearing; service of order; summary suspension
The commissioner, before refusing to grant a license or before suspending, limiting or revoking a license previously granted shall give notice to the applicant or licensee personally, or by mail addressed to him at his last known address, and afford him an opportunity to be heard with respect thereto at a time and place specified in such notice. Such applicant or licensee shall have the right to be heard in person or through an attorney, and to offer evidence pertinent to the subject of the hearing. A duly certified copy of the order of the commissioner issued as a result of such hearing shall be served on the applicant or the licensee by mail personally addressed to him at his last known address, except if such applicant or licensee be a corporation then the order shall be served in the same manner upon any officer or registered agent of the corporation.
If the commissioner shall have reason to believe that a condition exists or has occurred at a laboratory, in violation of the provisions of this act or the rules and regulations promulgated hereunder, which condition poses an imminent threat to the public health, safety or welfare, he may summarily suspend the license of the laboratory without a hearing and may order immediate correction of such violation as a prerequisite of reinstatement of licensure. If a licensee that is subjected to summary suspension shall deny that a violation exists or has occurred, he shall have the right to apply to the commissioner for a hearing. Such hearing shall be held and a decision rendered within 48 hours of receipt of said request. If the commissioner shall rule against the licensee, the licensee shall have the right to apply for injunctive relief against the commissioner's order. Jurisdiction of such injunctive relief shall be in the Superior Court of New Jersey.
L.1975, c. 166, s. 16, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.41a - Clinical laboratory bills, presentation.

45:9-42.41a. Clinical laboratory bills, presentation.
1. A clinical laboratory shall present or cause to be presented a claim, bill or demand for payment for clinical laboratory services directly to the recipient of the services, except that the claim, bill or demand for payment may be presented to any of the following:
a. An immediate family member of the recipient of the services or other person legally responsible for the debts or care of the recipient of the services;
b. A third party payer including a health insurer, a health, hospital or medical services corporation, a State approved or federally qualified health maintenance organization in which the recipient of the services is enrolled, a governmental agency or its specified agent which provides health care benefits on behalf of the recipient of the services, and an employer of the recipient of the services who is responsible for payment of the services, provided that billing these payers is consistent with the terms of any applicable contract between the payer and the recipient of the services;
c. A hospital or skilled nursing facility in which the recipient of the services is or has been an inpatient or outpatient;
d. A substance use disorder program in which the recipient of the services is or has been a participant; and
e. A nonprofit clinic or other health care provider whose purpose is the promotion of public health, from which the recipient of the services has received health care.
Upon the request of the health care provider who requested the clinical laboratory services, a clinical laboratory shall notify the health care provider of the amount of the claim, bill or demand for payment that was presented to the recipient or the recipient's responsible third party pursuant to this section.
Notwithstanding the provisions of this section to the contrary, in the case of a clinical laboratory which performs services at the request of another clinical laboratory, the clinical laboratory may present the claim, bill or demand for payment to the requesting clinical laboratory.
Notwithstanding the provisions of this section to the contrary, nothing in this section shall affect a contractual agreement between a clinical laboratory and a third party payer regarding presentation of a claim, bill or demand for payment directly to that third party payer.
L.1997,c.156,s.1; amended 2023, c.177, s.136.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.41b - Schedule of fees, charges, provided annually

45:9-42.41b. Schedule of fees, charges, provided annually
4. A clinical laboratory shall annually provide a health care provider with a list of its schedule of fees and charges for laboratory services rendered to the health care provider's patients. The clinical laboratory shall promptly provide the health care provider with an updated list of its schedule of fees and charges whenever any changes are made to the list. The clinical laboratory shall include with the list a form to be used by the health care provider to request billing information pursuant to section 1 of this act.
L.1997,c.156,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.41c - Interpretation charges permitted

45:9-42.41c. Interpretation charges permitted
5. Nothing in this act shall be construed to prevent a health care provider from including a charge for the interpretation of a laboratory test as part of the health care provider's office visit fee.
L.1997,c.156,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.42 - Prohibited activities

45:9-42.42. Prohibited activities
17. No person shall:
a. Operate, maintain, direct, or engage in the business of operating a clinical laboratory, as herein defined, unless he has obtained a clinical laboratory license from the department, or is exempt under the provisions of this act.
b. Collect or receive specimens for analysis by an unlicensed laboratory.
c. Accept specimens for tests from and make reports to persons who are not legally qualified or authorized to submit specimens to clinical laboratories and to receive such reports, but this shall not prohibit the referral of specimens from one licensed clinical laboratory to another similarly licensed under the laws of the state in which it is located, providing the report indicates clearly the clinical laboratory performing the test and the name of the director of such clinical laboratory.
d. Either personally, or through an agent, solicit referral of specimens to his or any other clinical laboratory or contract to perform clinical laboratory examinations of specimens in a manner which offers or implies an offer of rebates to a person or persons submitting specimens, other fee-splitting inducements, participation in any fee-splitting arrangements or other unearned remuneration.
e. Obstruct or interfere with the department or any officer or employee thereof in the performance of any duty imposed by this act.
f. Collect any amounts that were billed in violation of section 1 of P.L.1997, c.156 (C.45:9-42.41a).
L.1975,c.166,s.17; amended 1997, c.156, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.43 - Violations, penalty

45:9-42.43. Violations, penalty
18. a. Any person convicted of violating any provision of this act or of any rule or regulation adopted hereunder shall be subject to a penalty of not less than $100.00 nor more than $1,000.00 for each violation. The penalty shall be collected, and enforced in summary proceedings under the penalty enforcement law (N.J.S.2A:58-1 et seq.).
b. A person who collects any amounts that were billed in violation of section 1 of P.L.1997, c.156 (C.45:9-42.41a), is liable for, and shall refund on a timely basis to the person who was billed, any amounts so collected.
L.1975,c.166,s.18; amended 1997, c.156, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.44 - Injunction of violation or threatened violation

45:9-42.44. Injunction of violation or threatened violation
Any violation or threatened violation of any provision of this act or of any rule or regulation adopted hereunder may be restrained by the Superior Court in an action brought for such purpose by the Attorney General on behalf of the department.
L.1975, c. 166, s. 19, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.45 - Severability

45:9-42.45. Severability
If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. To this end, the provisions of this act are hereby declared severable.
L.1975, c. 166, s. 20, eff. Aug. 1, 1975.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.47 - Recorded gender identity, sexual orientation, racial, ethnic information necessary for storing demographic information; compliance; penalties.

45:9-42.47 Recorded gender identity, sexual orientation, racial, ethnic information necessary for storing demographic information; compliance; penalties.
3. Any electronic medical records or laboratory information management systems used by acute care hospitals and licensed clinical laboratories in this State or sold by a vendor of such systems in this State for use by acute care hospitals and licensed clinical laboratories, on or after the effective date of this act, shall be configured in a manner that prevents an authorized user from saving or storing a patient's demographic information into the electronic medical records or laboratory information management systems unless a selection for a patient's gender identity, sexual orientation, and racial and ethnic information is recorded. Nothing in this act shall prohibit a clinical laboratory from receiving, processing, or saving data related to specimens that are ordered or received from outside of this State. The gender identity, sexual orientation, and racial and ethnic information of a patient shall be included in laboratory orders generated by electronic medical record systems. The Department of Health may impose necessary corrective actions to achieve compliance with the provisions of this section, which may include, but need not be limited to, an attestation to be completed by an acute care hospital or a licensed clinical laboratory that: indicates specific steps that will be taken to achieve compliance within 120 days following the date of attestation; acknowledges legal obligations and penalties under this section; and provides relevant vendor information. A vendor of electronic medical records or laboratory information management systems that fails to comply with the provisions of this section shall be liable to a civil penalty of up to $1,000 for each day during which the vendor's system is out of compliance. A civil penalty assessed pursuant to this section shall be collected by and in the name of the Department of Health in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.174 (C.2A:58-10 et seq.).
L.2021, c.454, s.3; amended 2022, c.44, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.48 - Prohibiting compelling patient to disclose demographic information.

45:9-42.48 Prohibiting compelling patient to disclose demographic information.
4. Nothing in this act shall be construed to compel a patient to disclose the patient's race, ethnicity, sexual orientation, or gender identity to a clinical laboratory, health care provider, or any other entity.
L.2021, c.454, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-42.49 - Evidence-based cultural competency training program, tools; content of training.

45:9-42.49 Evidence-based cultural competency training program, tools; content of training.
5. a. Each clinical laboratory shall implement an evidence-based cultural competency training program for all staff members employed by or working under the supervision of the clinical laboratory who have direct contact with patients and are responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients.
b. Each cultural competency training program implemented pursuant to subsection a. of this section shall include training on how to collect race, ethnicity, sexual orientation, and gender identity in a culturally competent and sensitive manner. This may include the following topics:
(1) common terminology for race and ethnicity, sexual orientation, and gender identity data;
(2) information on the relationship between patient health and collecting race and ethnicity, sexual orientation, and gender identity data;
(3) information on how race and ethnicity, sexual orientation, and gender identity data will be used;
(4) information on how to navigate discomfort in patients and staff when asking patients for their race and ethnicity, sexual orientation, and gender identity information; and
(5) information on how to create an inclusive and affirming environment for all patients.
c. Each staff member who is employed by or working under the supervision of the clinical laboratory, has direct contact with patients, and is responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients, shall:
(1) complete the cultural competency training program implemented pursuant to subsection a. of this section at such times and intervals as the clinical laboratory shall require; and
(2) complete a cultural competency refresher course at least once biennially if completion of the course is deemed necessary by the clinical laboratory.
L.2021, c.454, s.5; amended 2022, c.44, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-43 - Incorporation of pathological and anatomical associations

45:9-43. Incorporation of pathological and anatomical associations
Any three or more physicians duly authorized and licensed to practice medicine under the laws of this state, who desire to associate themselves together for the purpose of pathological and anatomical study and the advancement of medical and surgical science may make, record and file a certificate in writing in the manner hereinafter provided.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-44 - Contents of certificate of incorporation

45:9-44. Contents of certificate of incorporation
Such certificate shall set forth:
a. The name or title assumed to designate the association;
b. The place or places in this state where the purposes of the association are to be carried out;
c. The purposes for which the association shall be formed; and
d. The names of the governors or directors who shall manage its affairs for the first year of its existence.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-45 - Recording and filing of certificate; certified copies as evidence

45:9-45. Recording and filing of certificate; certified copies as evidence
The certificate shall be proved or acknowledged and recorded, as is required of deeds of real estate, in a book to be kept for the recording of certificates of incorporation in the office of the clerk of the county where the purposes of the association are to be carried out, and, after being so recorded, shall be filed in the office of the secretary of state. The certificate, or a copy thereof, duly certified by said clerk or secretary, shall be evidence in all courts or places.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-46 - General corporate powers

45:9-46. General corporate powers
Upon making the certificate and causing the same to be so recorded and filed, the physicians so associating, their successors and assigns, shall, by virtue of this article, be a body politic and corporate in fact and in law, by the name stated in the certificate, and by that name they and their successors shall have perpetual succession and may, in all courts and places whatsoever, sue and be sued, plead and be impleaded, answer and be answered unto, may make a common seal and use the same at pleasure, and may take, have, hold, receive and enjoy any real estate, in fee simple or otherwise, and any property of any description, real or personal, whether acquired by gift, grant, devise, bequest or otherwise, and may grant, convey, lease, assign, sell or otherwise dispose of the same for the purposes of the association.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-47 - By-laws; agents and officers

45:9-47. By-laws; agents and officers
The directors or governors of the association may from time to time make, alter and amend by-laws not inconsistent with the constitution of the United States or of the state, fixing or altering the number of its governors or directors for the management of its property and the regulation and government of its affairs and providing for the mode of filling vacancies in, and removing any member from, their number and prescribing qualifications for membership of the association and may appoint such agents and officers as shall in their judgment tend to promote or advance any purpose of the association, and may prescribe their respective duties.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-48 - Governors or directors to receive no compensation

45:9-48. Governors or directors to receive no compensation
No governor or director of any such association shall receive, directly or indirectly, any salary or emolument from such association, nor shall any compensation be voted, allowed or paid by the governors or directors thereof, to any governor or director for services, either as governor or director, or in any other capacity.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:9-49 - Delivery to and use by associations of certain unclaimed bodies for advancement of medical and surgical science

45:9-49. Delivery to and use by associations of certain unclaimed bodies for advancement of medical and surgical science
When an association shall be formed or organized under this article in any county, all public officers, agents and servants of the county, or of any municipality, and of every almshouse, prison, morgue, hospital or other public institution in such county, having charge or control over dead human bodies required to be buried at the public expense, are hereby required to notify the president or other head officer of such association, or such person as may from time to time be designated by it as its duly authorized officer or agent, whenever any such body comes to his or their possession or control, and shall, if such association or its duly authorized officers or agents request it, without fee or reward, deliver such body, and permit such association and its duly authorized officers or agents, who may comply with the provisions of this article, to take and remove all such bodies, to be used within this state for the advancement of medical and surgical science. No such notice need be given, nor shall any such body be delivered, if any person claiming to be, and satisfying the authorities in charge of said body that he is of kindred or is related by marriage to the deceased, shall claim said body for burial, but it shall be surrendered for interment; nor shall the notice be given or body delivered if the deceased person was a traveler who died suddenly, in which case said body shall be buried.