reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-49 - Definitions.

45:6-49 Definitions.
2. For the purposes of this act:
a. "Board" means the New Jersey State Board of Dentistry.
b. "Registered dental assistant" means any person who has fulfilled the requirements for registration established by this act and who has been registered by the board. A registered dental assistant shall work under the direct supervision of a licensed dentist.
c. "Dental assistant" means any person who is trained by formal education or office internship to perform, under the direct supervision of a dentist, any routine office procedure, not including an intra-oral procedure, in the office of a dentist.
d. "Dental hygienist" means any person who performs in the office of any licensed dentist or in any appropriately equipped school, dental clinic, or institution under the supervision of a licensed dentist, those educational, preventive and therapeutic services and procedures which licensed dental hygienists are trained to perform, and which are specifically permitted by regulation of the board, and such intra-oral clinical services which are primarily concerned with preventive dental procedures, including, but not limited to, during the course of a complete prophylaxis, removing all hard and soft deposits and stains from the surfaces of the human teeth to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, applying indicated topical agents, surveying intra- and extra-oral structures, noting deformities, defects and abnormalities thereof, performing a complete oral prophylaxis and providing clinical instruction to promote the maintenance of dental health.
e. "Direct supervision" means acts performed in the office of a licensed dentist wherein he is physically present at all times during the performance of such acts and such acts are performed pursuant to his order, control and full professional responsibility.
f. "Supervision" means acts performed pursuant to a dentist's written order, control and full professional responsibility, whether or not he is physically present.
g. "Limited registered dental assistant" means any person who has fulfilled the requirements for registration established by this amendatory and supplementary act and who has been registered by the board. A limited registered dental assistant shall be limited to working under the direct supervision of a dentist who conducts a limited dental practice in the dental specialty for which the assistant has been trained and registered, and in performing those intra-oral procedures as defined by the board which are involved in that specialty.
h. "Dental clinic" means dental clinic as defined in section 1 of P.L.1951, c.199 (C.45:6-15.1).
i. "Institution" means any nursing home, veterans' home, hospital or prison, or any State or county facility providing inpatient care, supervision and treatment for persons with developmental disabilities.
L.1979, c.46, s.2; amended 1995, c.367, s.1; 2012, c.29, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-50 - Additional powers, duties of board

45:6-50. Additional powers, duties of board
3. The board shall have the following additional powers and duties, under this act:
a. To examine, admit, and deny persons applying for admission to the practice of dental hygiene;
b. To issue licenses to practice dental hygiene;
c. To certify academic and clinical institutions and hospitals which educate and train persons for the practice of dental hygiene or dental assisting in accordance with standards substantially similar to those of the American Dental Association's Commission on Accreditation of Dental and Dental Auxiliary Educational Programs and Council on Hospital Dental Service and taking into consideration the advice of the New Jersey Commission on Higher Education and the New Jersey Department of Education;
d. To issue certificates of good standing to dental hygienists who hold a valid subsisting license to practice in this State;
e. To establish by rule or regulation, standards for the training and utilization of registered dental assistants and limited registered dental assistants;
f. To establish and recognize councils and committees which may advise and make recommendations to the board on various aspects of the education and practice for dental hygienists, registered dental assistants, limited registered dental assistants or dental assistants;
g. To prescribe expanded functions to be performed solely by dental hygienists and to be performed by dental hygienists, registered dental assistants and limited registered dental assistants under a single standard of proficiency necessary and proper to protect and promote the public health and welfare of the citizens of this State, and impose such restrictions and requirements, including the setting of educational prerequisites to the performance of such functions and the administration of examinations, as are necessary to insure adherence to the adopted standard of proficiency. Expansion and assignment of such functions, training and examination procedures shall be developed in consultation with the relevant advisory councils;
h. To adopt rules and regulations to achieve the objectives contemplated by this act, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.);
i. To do any and all other things which may be appropriate to achieve the objectives contemplated by this act, or which may be useful in executing any of the duties, powers or functions of the board.
L.1979,c.46,s.3; amended 1995,c.367,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-50.1 - Required training for dental assistant internship programs

45:6-50.1. Required training for dental assistant internship programs
10. The board shall establish by rule or regulation the required training which shall be included in dental assistant internship programs. An internship program for an individual seeking registration as a dental assistant shall include training in the intra-oral procedures that are performed in the office of a dentist licensed for general practice. The board shall establish a committee consisting of two board members and three licensed dentists which shall develop and monitor a satisfactory internship program for individuals seeking registration as a dental assistant.
L.1995,c.367,s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-50.2 - Required training for limited dental assistant internship program

45:6-50.2. Required training for limited dental assistant internship program
11. Upon the request of a recognized professional dental specialty society, the board shall establish by rule or regulation the required training which shall be included in a limited dental assistant internship program. An internship program for an individual seeking registration as a limited dental assistant shall include training in those intra-oral procedures that are performed in the office of a dentist who has received from the board a permit of limited dental practice in the specialty area for which the assistant seeks registration. The board shall establish a committee consisting of two board members and three licensed dentists which shall develop and monitor a satisfactory internship program for individuals seeking registration as a limited dental assistant.
L.1995,c.367,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-52 - Dental hygiene; examination of candidates for licenses to practice

45:6-52. Dental hygiene; examination of candidates for licenses to practice
a. The board shall adopt rules for the examination of candidates for licenses to practice dental hygiene. Every applicant shall present to the secretary of the board a written application for admission to the examination on a form provided by the board. No person shall be examined by the board unless he has satisfactorily completed such course on dental hygiene as may be required by the board. Any rule altering the nature or increasing the severity of the examination or subjects to be included therein shall not be enforced until 6 months after its public promulgation and adoption. The examination of applicants shall be confined to written or oral, or both written and oral, examination upon subjects properly relating to the science of dental hygiene, the knowledge of which is necessary to the proper and skillful practice of said science. The board shall also require from applicants, as part of the examination, demonstration of their clinical skill in dental hygiene.
b. The fee for the examination for license to practice dental hygiene shall be determined by the board from time to time and shall accompany every application. Such fee shall not be refunded, unless for sickness or other good cause appearing to the satisfaction of the board such applicant was prevented from attending and completing such examination. Upon the approval of the application for examination, such applicant shall thereupon be entitled to admission to such examination. If said applicant fails to pass the examination, he may be re-examined at the next regular examination.
L.1979, c. 46, s. 5, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-53 - Registration and issuance of licenses

45:6-53. Registration and issuance of licenses
All persons who pass the required examination shall be registered by the board as licensed dental hygienists, and shall be issued licenses to practice dental hygiene under the seal and hand of the president and secretary of the board.
L.1979, c. 46, s. 6, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-54 - Waiver of examination

45:6-54. Waiver of examination
The board may waive the requirements for examination of a candidate for a license to practice dental hygiene when the board reasonably determines that it is in the public interest.
L.1979, c. 46, s. 7, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-55 - Rules, procedure for registration

45:6-55. Rules, procedure for registration
8. a. The board shall adopt rules and procedure for the registration of dental assistants and limited dental assistants. Every applicant for registration shall satisfactorily complete an examination approved by the board and a nationally recognized accrediting agency, which examination shall require the applicant to demonstrate that the applicant is capable of performing the functions of a registered dental assistant or limited registered dental assistant, as the case may be, and shall be administered within the State at least once each year at such time and place as the board designates, and
(1) Have satisfactorily completed and graduated from a training program for dental assistants accredited by the American Dental Association's Commission on Accreditation of Dental and Dental Auxiliary Educational Programs and approved by the board, or
(2) Have a high school diploma or its equivalent and at least two years' work experience as a dental assistant.
b. For three years from the date the first internship program is implemented pursuant to the provisions of section 10 or 11 of P.L.1995, c.367 (C.45:6-50.1 or C.45:6-50.2), a dental assistant or limited dental assistant may satisfy the work experience requirement of paragraph (2) of subsection a. of this section by completing at least six months' work experience as a dental assistant and have successfully completed a board approved internship in the office and under the direct supervision of a licensed New Jersey dentist. The internship for a registered dental assistant shall consist of three months' training in the office of a dental practitioner under a licensed dentist's direct supervision and the internship for a limited registered dental assistant shall consist of three months' training in the office of a dentist under a licensed dentist's direct supervision who has received a permit of limited dental practice in a specialty area from the board.
c. The board by rule or regulation shall specify those intra-oral procedures which may be performed by registered dental assistants and limited registered dental assistants, provided that such procedures shall not include those procedures which are traditionally performed by dental hygienists.
L.1979,c.46,s.8; amended 1995,c.367,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-56 - Requirement of continuing education.

45:6-56 Requirement of continuing education.
9. a. (1) Every two years, at the time of license renewal, each person licensed to practice dental hygiene in this State shall provide the board with a certified statement, upon a form issued and distributed by the board, that such licensed person has attended, or participated in not less than 20 hours of continuing education in dental hygiene as follows: lectures or study club sessions dealing with clinical subjects, college post-graduate courses, scientific sessions of conventions, research on clinical subjects, service as a clinician or any other such evidence of continuing education which the board may approve.
(2) Every two years, at the time of registration renewal, each person registered as a registered dental assistant or limited registered dental assistant in this State shall provide the board with a certified statement, upon a form issued and distributed by the board, that such registered person has attended, or participated in not less than 10 hours of continuing education in dental assisting as follows: lectures or study club sessions dealing with clinical subjects, college post-graduate courses, scientific sessions of conventions, research on clinical subjects, service as a clinician or any other such evidence of continuing education which the board may approve.
b. The board shall notify each licensed or registered person of any failure to comply with this requirement, and shall further notify said person that upon continued failure to comply for a period of three months from the date of notice, the board may, at its discretion take action pursuant to section 11 of this act.
c. The board, in its discretion, may waive any of the requirements of this section in cases of certified illness or undue hardship to be determined on an individual basis.
L.1979,c.46,s.9; amended 1995, c.367, s.4; 2005, c.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-57 - Biennial certificate of registration

45:6-57. Biennial certificate of registration
Every person licensed to practice dental hygiene shall biennially apply, on a form furnished by the board, for a certificate of registration, which shall be issued by the secretary of the board upon payment of a fee of $10.00. The certificate of registration shall be displayed in the office or place in which the holder thereof practices dental hygiene. Where a dental hygienist practices dental hygiene at more than one office or place, a duplicate registration certificate shall be issued upon the payment of an additional fee of $5.00 for each such certificate. The license of any person who fails to procure any biennial certificate of registration, at the time and in the manner required by the board, except a person on the inactive status list, may be suspended by the board in the manner provided by section 12 of P.L. 1979, c. 46 (C. 45:6-59). Any license so suspended shall be reinstated at any time within three years from the date of such suspension upon the payment of all past due biennial registration fees and an additional reinstatement fee of $25.00. Any person whose license shall have been suspended for such cause shall, during the period of such suspension, be regarded as an unlicensed person and, in case such person shall continue or engage in the practice of dental hygiene during such period, shall be liable to the penalties prescribed by section 11 of P.L. 1979, c. 46 (C. 45:6-58) for practicing dental hygiene without a license. Said fees shall be used by the board in the same manner as similar fees received by it under the provisions of chapter 6 of Title 45 of the Revised Statutes.
P.L. 1979, c. 46, s. 10; amended 1988,c.31,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-57.1 - Inactive status list

45:6-57.1. Inactive status list
A licensed dental hygienist may apply to the board for inactive license status on a form furnished by the board. Upon receipt of the completed inactive status application form the board shall place the licensee on an inactive status list. While on the list, the person shall pay an inactive license renewal fee in an amount prescribed by the board and shall not practice dental hygiene within the State.
A person on the inactive status list who wants to resume the practice of dental hygiene shall apply to the board for a current biennial certificate of registration and shall pay the prescribed registration fee. Any person who has been on the inactive status list for five or more years shall furnish the board with satisfactory evidence of current knowledge and skill in the practice of dental hygiene as required by regulation of the board.
P.L. 1988, c. 31, s. 3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-58 - Penalties

45:6-58. Penalties
11. Any person practicing dental hygiene in this State without first having obtained a license as provided by this act, or without the current biennial certificate of registration, or contrary to any of the provisions of this act, or any person who fails to comply with the provisions of section 9 of P.L.1979, c.46 (C.45:6-56), except a person on the inactive status list, or who practices dental hygiene or works as a registered dental assistant or limited registered dental assistant under a false or assumed name, or buys, sells or fraudulently obtains a diploma or certificate showing or purporting to show graduation or completion of a course in dental hygiene or dental assisting, or who violates any of the provisions of this act, shall be liable to a penalty of $300.00 for the first offense and of $500.00 for the second and each subsequent offense.
L.1979,c.46,s.11; amended 1988,c.31,s.2; 1995,c.367,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-60 - Disorderly persons offense; fines

45:6-60. Disorderly persons offense; fines
13. Any person, company or association who commits any of the following acts is a disorderly person, and upon every conviction thereof shall be subject to a fine of not less than $300.00 nor more than $500.00 or by imprisonment for not less than 30 days nor more than 90 days, or by both such fine and imprisonment:
a. Selling or bartering, or offering to sell or barter, any diploma or document showing or purporting to show graduation as a dental hygienist or dental assistant;
b. Purchasing or procuring by barter any such diploma, certificate or transcript with intent that it be used as evidence of the qualifications of the holder to practice dental hygiene or work as a registered dental assistant or limited registered dental assistant, or in fraud of the laws regulating such practice or work;
c. With fraudulent intent, altering in a material regard, such diploma, certificate or transcript;
d. Using or attempting to use such diploma, certificate or transcript which has been purchased, fraudulently issued, and counterfeited or materially altered, either as a license or registration or color of license or registration to practice dental hygiene or work as a registered dental assistant or limited registered dental assistant, or in order to procure registration as a dental hygienist; or
e. In any affidavit or examination required of an applicant for examination, license or registration under the laws regulating the practice of dental hygiene or dental assisting, willfully making a false statement in a material regard, or impersonating another applicant at an examination.
L.1979,c.46,s.13; amended 1995,c.367,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-61 - Penalty for violations by dentist

45:6-61. Penalty for violations by dentist
14. Any licensed dentist who shall permit any unlicensed or unregistered person to practice dental hygiene or work as a registered dental assistant or limited registered dental assistant under his direction or control or shall permit or direct a licensed dental hygienist, registered dental assistant or limited registered dental assistant to perform any act not authorized in this act shall be guilty of a violation of this act and of conduct constituting willful and gross malpractice or willful and gross neglect in the practice of dentistry.
L.1979,c.46,s.14; amended 1995,c.367,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-62 - Practice of dental hygiene.

45:6-62 Practice of dental hygiene.
15. a. Any person who has graduated from a school or college of dental hygiene approved by the Commission on Dental Accreditation of the American Dental Association and has been licensed to practice dental hygiene in this State and holds a current certification in Basic or Advanced Cardiac Life Support by an association approved by the board may, subject to the supervision of a New Jersey licensed dentist, practice dental hygiene in an office in which general dentistry or any special area of dentistry recognized by the board is regularly practiced, or in any appropriately equipped school, dental clinic, or institution, except that a New Jersey licensed dentist may, in his sole discretion, require direct supervision in his dental office.
b. A dental hygienist acting under supervision in a dental office or dental clinic may treat only patients who are existing patients of record.
c. Each licensed dentist may provide supervision to no more than three licensed dental hygienists at one time.
d. A dental hygienist may practice dental hygiene under direct supervision or supervision only in a facility having readily available emergency equipment as may be designated by the board, by regulation.
L.1979, c.46, s.15; amended 2012, c.29, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-64 - Establishment of independent office, practice, of dental hygienist; prohibition.

45:6-64 Establishment of independent office, practice, of dental hygienist; prohibition.
17. Nothing in this act shall be construed as permitting a licensed dental hygienist to establish an independent office or engage in independent practice in connection with the performance of traditional hygienist services whether or not there is supervision or direct supervision of a licensed dentist.
L.1979, c.46, s.17; amended 2012, c.29, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-65 - Continuance of proceedings dependent on law prior to effective date of law

45:6-65. Continuance of proceedings dependent on law prior to effective date of law
All proceedings pending and undisposed of, and any new proceedings based upon any event or transaction occurring before the effective date of this act, shall be continued, or may be initiated and processed to completion and shall be governed, to the extent that it is fair and feasible to do so, in accordance with the law in force at the time of the occurrence of the event or transaction involved, notwithstanding the repeal by this act of any statute now in force.
L.1979, c. 46, s. 18, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-66 - Rules and regulations; continuation

45:6-66. Rules and regulations; continuation
All rules and regulations heretofore adopted by the board shall continue to be effective on an interim basis as though hereafter adopted as rules and regulations of the board to the extent they are not inconsistent with the provisions of this act.
L.1979, c. 46, s. 19, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-67 - Rules and regulations on practice of dental hygienists and registered dental assistants; expiration of s. 45:6-63

45:6-67. Rules and regulations on practice of dental hygienists and registered dental assistants; expiration of s. 45:6-63
Section 16 of this act shall remain in force and effect for a period not to exceed 2 years after the effective date of this act. Within 1 year after the effective date of this act, the board shall propose rules and regulations governing the practice of dental hygiene, establish a program for registration of registered dental assistants, and establish the tasks which a duly licensed dentist may assign to a registered dental assistant. Such rules and regulations shall take effect 2 years after the enactment of this act.
L.1979, c. 46, s. 20, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-68 - Severability

45:6-68. Severability
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence or part thereof directly involved in the controversy in which such judgment shall have been rendered.
L.1979, c. 46, s. 21, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-69 - Compliance with law on radiologic technology

45:6-69. Compliance with law on radiologic technology
23. Nothing herein shall be construed to exempt registered dental assistants, limited registered dental assistants, dental assistants or other dental office personnel from compliance with P.L.1981, c.295 (C.26:2D-24 et seq.).
L.1979,c.46,s.23; amended 1995,c.367,s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-69.1 - Direct supervision required for certain procedures.

45:6-69.1 Direct supervision required for certain procedures.
4. The administration of local anesthesia, the monitoring of a patient administered nitrous oxide, and any other anesthetic procedures that may be designated by the New Jersey State Board of Dentistry, by regulation, shall be performed by a licensed dental hygienist only under direct supervision.
L.2012, c.29, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-69.2 - Restrictions relative to dental hygienists.

45:6-69.2 Restrictions relative to dental hygienists.
5. A licensed dental hygienist shall not perform any intra-oral service, other than administering preventive measures such as the application of fluorides, pit and fissure sealants as well as other recognized topical agents for the prevention of oral disease or associated discomfort and the detection of caries in a school setting, upon any living person who the dental hygienist reasonably believes has not received an examination by a duly licensed dentist within the immediately preceding 365-day period. After performing an assessment, a dental hygienist acting under supervision who reasonably believes that a person has either dental caries or some other medical or dental condition requiring diagnosis or treatment by a dentist shall so inform in writing, within seven days, the dentist who is providing the supervision, except if it appears that emergent care is indicated, the dental hygienist shall immediately notify the supervising dentist.
L.2012, c.29, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-70 - Issuance of limited registration certificate.

45:6-70 Issuance of limited registration certificate.
4. The New Jersey State Board of Dentistry shall issue to a dentist in good standing holding an active license to practice dentistry in any other state a limited registration certificate authorizing the registrant to make dental decisions pursuant to P.L.2007, c.259 (C.17:48G-1 et al.), if there is no pending dental license disciplinary action and no adverse information disclosed in a criminal background check or data bank search. A limited registration certificate shall not be deemed to authorize the registrant to treat patients or otherwise engage in the private practice of dentistry in this State.
L.2007, c.259, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-71 - Fee for certificate.

45:6-71 Fee for certificate.
5. Each applicant for a limited registration certificate and each registrant shall pay to the board a fee in the amount established by the board, not to exceed a sum equal to 20 percent of the fee established for the issuance of a two-year active dentist registration; except that, the fee for submitting the application for the initial limited registration certificate shall be $125, which shall be deemed to include the fee which would otherwise be due for the unexpired portion of the first biennial registration period. The board shall process and issue a limited registration certificate to each qualified applicant within 30 days of its receipt of a completed application therefor.
L.2007, c.259, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-72 - Standards for dentists and holders of limited registration certificates.

45:6-72 Standards for dentists and holders of limited registration certificates.
6. Dentists licensed in New Jersey and holders of limited registration certificates are intended to be subject to the same standards of honesty, integrity and competency. In exercising its powers under R.S.45:6-1 et seq., the board shall apply the same standards as to honesty, integrity and competency to New Jersey dentists and to holders of limited registration certificates.
L.2007, c.259, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:6-73 - License to practice dentistry required under certain circumstances.

45:6-73 License to practice dentistry required under certain circumstances.
6. Except as otherwise provided in P.L.1964, c.186 (C.45:6-16.1 et seq.), R.S.45:6-19 and R.S.45:6-20, no person other than a person duly licensed to practice dentistry in this State shall:
a. make any diagnosis or develop any treatment plan with respect to the dental condition or treatment of any living person in this State;
b. perform any surgical or irreversible procedure, including, but not limited to, the cutting of hard or soft tissue or the extraction of any tooth on any living person in this State;
c. either bill or submit a claim for any service rendered involving the practice of dentistry or dental hygiene in this State; or
d. receive payment for the performance of dental or dental hygienist services from any source other than an employer authorized by law to practice dentistry in this State or any dental clinic, institution, or employment agency, as defined pursuant to section 1 of P.L.1989, c.331 (C.34:8-43), that employs licensed dental hygienists to provide temporary dental hygiene services.
L.2012, c.29, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-33 - Practice of embalming and funeral directing declared occupation subject to strict regulation

45:7-33. Practice of embalming and funeral directing declared occupation subject to strict regulation
In the interest of, and to better secure, the public health, safety and welfare and for the more efficient administration and supervision of sanitary codes and health regulations, the practice of mortuary science and the practice of embalming and funeral directing are hereby declared to be occupations charged with a high degree of public interest and subject to strict regulation and control.
L.1952, c. 340, p. 1097, s. 2. Amended by L.1960, c. 184, p. 760, s. 1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-35 - State Board of Mortuary Science of New Jersey created

45:7-35. State Board of Mortuary Science of New Jersey created
4. There is hereby created in the Division of Consumer Affairs in the Department of Law and Public Safety a State Board of Mortuary Science of New Jersey, which board shall consist of 13 members as follows: two shall be public members and one shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:2.1 et seq.); eight members, each of whom shall be a citizen of the United States and a resident of the State of New Jersey, duly licensed as a practitioner of mortuary science and shall have had a minimum of five consecutive years of experience and practice as a practitioner of mortuary science in this State immediately preceding his appointment; and two additional public members, one of whom shall be 62 years of age or older. Members of the board shall be appointed annually by the Governor for a term of three years and shall not serve more than two successive terms. Each member, other than the State executive department member, shall hold office after the expiration of his term of office until his successor shall be duly appointed and qualified. Vacancies occurring by reason of the expiration of term of office shall be filled by the Governor in the calendar year in which any such vacancy occurs for a term of three years from the year of appointment. Vacancies occurring by reason of the failure or neglect of the Governor to make appointments upon the expiration of terms of office as hereinabove provided and vacancies occurring for any other reason whatsoever shall be filled by the Governor for the unexpired term only.
Any member of the State Board of Mortuary Science of New Jersey, other than the State executive department member, may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.
The Board of Embalmers and Funeral Directors of the State of New Jersey is hereby abolished and all of its functions, powers and duties, except as may be inconsistent with the provisions of this act, are hereby transferred to and vested in the State Board of Mortuary Science of New Jersey established hereunder. The State Board of Mortuary Science of New Jersey established hereunder and its functions, powers and duties shall in all respects be subject to the provisions of sections 30, 32, 33, 35, 37, 39 and 40 of P.L.1948, c.439 (C.52:17B-30, 52:17B-32, 52:17B-33, 52:17B-35, 52:17B-37, 52:17B-39 and 52:17B-40).
L.1952,c.340,s.4; amended 1960, c.184, s.3; 2003. c.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-37 - Oath of members of board; president and secretary; rules and regulations

45:7-37. Oath of members of board; president and secretary; rules and regulations
Each member of the board, before entering upon his duties and within thirty days after receiving notice of his appointment, shall take and subscribe an oath of office such as is provided for other State officials. Upon the failure of a member of the board to take the oath of office as provided herein, a vacancy in the membership of the board shall then exist which shall be filled by the Governor as provided in section four. The board shall annually select from its membership a president and secretary, who shall serve until their successors shall be elected and qualified. The board is authorized and empowered to adopt and promulgate such rules and regulations, not inconsistent with this act, as it may deem expedient for the transaction of its business and for the purpose of efficiently enforcing the provisions of this act.
L.1952, c. 340, p. 1100, s. 6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-38 - Rules and regulations

45:7-38. Rules and regulations
The board is authorized and empowered to adopt such rules and regulations, not inconsistent with this entire act or any amendment or supplement which may hereafter be adopted, as shall be reasonably proper and advisable for the promotion or improvement of the standards of service, protection and practice to be followed in the practice of mortuary science, embalming and funeral directing by individuals, corporations, partnerships and associations in the State of New Jersey, and for and in the interest, preservation and improvement of the public health, morals, safety and welfare.
In addition to the powers otherwise herein granted to the board, the board is specifically empowered to adopt rules and regulations concerning the following:
(a) the manner in which a mortuary or funeral establishment is conducted,
(b) establish minimum requirements for a preparation room and as to the manner in which it shall be maintained,
(c) issuance of lists of licensees,
(d) trainees, apprentices and preceptors,
(e) unethical or unprofessional conduct,
(f) practice of mortuary science by individuals, corporations, partnerships and associations.
L.1952, c. 340, p. 1100, s. 7. Amended by L.1960, c. 184, p. 763, s. 4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-40 - President's duties

45:7-40. President's duties
The president of the board shall preside at all meetings and he shall exercise and perform all duties and functions incidental to the office of president of the board.
L.1952, c. 340, p. 1101, s. 9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-41 - Secretary's duties; compensation; bond

45:7-41. Secretary's duties; compensation; bond
The secretary shall keep a record of all proceedings of the board, shall exercise and perform all duties and functions incidental to his office and such other duties and functions as may be assigned by the board. He shall receive such compensation for his services, within the limits of available appropriations therefor, and shall give such bond for the faithful performance of his duties as the board may, with the approval of the Attorney-General, determine.
The secretary of the board shall keep a record in which shall be registered the name and professional address of every person to whom licenses have been granted in accordance with the provisions of this act or in accordance with the provisions of prior laws of this State, the number and date of such license and the date of each renewal thereof.
The secretary shall, whenever requested so to do, certify over the seal of the board, whether the records kept by the board show or fail to show a license to carry on the practice of mortuary science or of embalming or funeral directing, or both, or the issuance of any renewal of any such licenses or whether any person has or has not a license in full force and effect. The fee for any such certificate shall be one dollar ($1.00). Any such certificate, whether made by the secretary upon such request or for use in proceedings before the board or in which the board may be a party, shall be prima facie evidence of the facts therein stated.
In the month of January of each and every year the secretary of said board shall supply to each licensed practitioner of mortuary science, to each licensed embalmer and to each licensed funeral director a list of all practitioners of mortuary science, embalmers, and funeral directors holding a license under this act or under prior laws of this State, giving the names of such persons, their professional address and the number and nature of their licenses.
L.1952, c. 340, p. 1101, s. 10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-43 - Assistants and employees of board; executive secretary

45:7-43. Assistants and employees of board; executive secretary
The board may, subject to the approval of the Attorney General, appoint, employ or remove such assistants and employees as may be necessary to carry out the provisions of this act. The board may, subject to the approval of the Attorney General, appoint and employ an executive secretary who shall serve without term but who may be removed from office by the Attorney General, for cause, upon notice and opportunity to be heard at a public hearing. The duties of the executive secretary shall be determined by the board and the board shall fix the compensation of its executive secretary, assistants and employees, subject to the approval of the Attorney General, within the limits of available appropriations therefor. Such executive secretary shall not be subject to the provisions of Title 11 of the Revised Statutes of this State. No such executive secretary, employee or assistant shall engage in the practice of mortuary science, embalming or funeral directing, nor shall he in any way be connected with the work of a practitioner of mortuary science, embalming or funeral directing.
L.1952, c. 340, p. 1102, s. 12. Amended by L.1960, c. 184, p. 764, s. 5; L.1967, c. 245, s. 3, eff. Dec. 12, 1967.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-45 - Compensation; expenses

45:7-45. Compensation; expenses
The members of the board shall receive twenty-five dollars per diem for time spent in discharge of their duties and in addition shall be entitled to have and receive their necessary traveling expenses.
L.1952, c. 340, p. 1103, s. 14.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-46 - Fees, penalties and other moneys; disposition

45:7-46. Fees, penalties and other moneys; disposition
All fines, fees, penalties and other moneys derived from the operation of this act, or payable pursuant to the provisions of this act or any other law to the board shall be collected by the secretary of the board and shall be paid into the State treasury, through the Attorney-General.
L.1952, c. 340, p. 1103, s. 15.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-47 - License required

45:7-47. License required
No person shall engage in the practice of mortuary science, embalming or funeral directing, unless he shall have been duly licensed so to do, by the board, under the provisions of this act or under the provisions of any prior law of this State and unless such license is unrevoked and in full force and effect; provided, that this shall not apply to a registered trainee working under the direct supervision of a practitioner of mortuary science.
L.1952, c. 340, p. 1103, s. 16.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-48 - Only a single license to be issued to any applicant

45:7-48. Only a single license to be issued to any applicant
The board shall grant only a single license as a practitioner of mortuary science to any applicant, and any person shall hold a license as a practitioner of mortuary science issued under the provisions of this act before being permitted to practice mortuary science or embalming or funeral directing in this State.
L.1952, c. 340, p. 1103, s. 17. Amended by L.1960, c. 184, p. 764, s. 6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-49.1 - Issuance of license to out-of-State practitioners of mortuary science; conditions.

45:7-49.1 Issuance of license to out-of-State practitioners of mortuary science; conditions.
1. After successful completion of the law portion of the examination conducted by the board pursuant to section 18 of P.L.1952, c.340 (C.45:7-49), and upon payment to the board of a fee and the submission of a written application on forms provided by it, the board may issue, at its discretion, a practitioner of mortuary science license to a person who holds a valid license or certification issued by another state or possession of the United States or the District of Columbia and who has met education and experience requirements substantially equivalent to the requirements of P.L.1952, c.340 (C.45:7-32 et seq.), and who has been engaged in the practice of mortuary science in that state, possession or district with a valid license or certification for two years immediately prior to application; except that the board may issue, at its discretion, a practitioner of mortuary science license to an applicant who does not meet the practical training and experience requirements of paragraph (2) of subsection a. of section 18 of P.L.1952, c.340 (C.45:7-49) but otherwise meets the requirements specified in this section if the applicant has been engaged in the practice of mortuary science for not less than five years immediately prior to application.
L.1999,c.404,s.1; amended 2001, c.83.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-50 - Examination fees; evidence of qualifications

45:7-50. Examination fees; evidence of qualifications
No person shall be examined by the board except upon payment of a fee of $50.00 for the initial examination and a fee of $25.00 for each re-examination. Each applicant, before being admitted to an examination, shall first submit to the board
(1) evidence verified by oath and satisfactory to the board that:
(a) He is a citizen of the United States and has been a resident of the State of New Jersey for a period of at least 6 months prior to the date of the examination;
(b) He is of good moral character and at least 21 years of age;
(2) a certificate from the Commissioner of Education of this State showing that before entering an embalming college or college of mortuary science he had obtained an academic education consisting of a 4 years' course of study in an approved public or private high school or the equivalent thereof, he has (a) satisfactorily completed a minimum of 2 years of academic instruction in a college or university approved by the New Jersey Department of Education, satisfactorily completed a minimum of 1 year of academic instruction in a school of mortuary science approved by the State Board of Mortuary Science; or (b) satisfactorily completed a minimum of 3 years of academic instruction in such a college or university, satisfactorily completed a minimum of 1 year of academic instruction in such a school of mortuary science; and
(3) a certificate from a licensed practitioner of mortuary science in the State of New Jersey that he has served a 1-year or 2-year period of practical training as a registered trainee under such practitioner, whichever is applicable; such period of practical training as a registered trainee may be served either concurrently with the college or university courses, during summer vacations, or subsequent to the completion of the college or academic course, at the option of the registrant.
L.1952, c. 340, p. 1106, s. 19. Amended by L.1960, c. 184, p. 767, s. 8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-51 - Additional examinations

45:7-51. Additional examinations
If an applicant fails to pass the examination, he may be reexamined at the next or any subsequent regular examination.
L.1952, c. 340, p. 1106, s. 20. Amended by L.1960, c. 184, p. 768, s. 9; L.1973, c. 236, s. 1, eff. Oct. 24, 1973.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-53 - Licenses; signing by board members; expiration

45:7-53. Licenses; signing by board members; expiration
All licenses and renewals thereof issued pursuant to the provisions of this act shall be signed by the members of the board and shall have the seal of the board affixed thereto, and shall expire and terminate on the first day of September next following the date of their issue, unless sooner revoked and cancelled.
L.1952, c. 340, p. 1108, s. 22.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-54 - Prior laws, licenses issued under; renewal

45:7-54. Prior laws, licenses issued under; renewal
Any person holding a license or licenses under this act or under any prior law of this State shall have the same renewed upon making and filing with the board an application therefor upon forms provided by the board and upon payment of a renewal fee of $15.00; provided, that any person neglecting or failing to have his license renewed, as above, shall have the same renewed by making application therefor and upon payment of a revival fee of $75.00 in addition to the renewal fee of $15.00.
L.1952, c. 340, p. 1108, s. 23. Amended by L.1960, c. 184, p. 769, s. 10; L.1967, c. 245, s. 1, eff. Dec. 12, 1967; L.1971, c. 289, s. 1, eff. Aug. 19, 1971.