reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-45.1 - Information required for monitoring; rules, regulations.

45:1-45.1 Information required for monitoring; rules, regulations.
11. a. A health care practitioner who authorizes a patient for the medical use of cannabis or who provides a written instruction for the medical use of cannabis to a qualifying patient pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) and each medical cannabis dispensary and clinical registrant shall furnish to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety such information, on a daily basis and in such a format as the director shall prescribe by regulation, for inclusion in a system established to monitor the dispensation of cannabis in this State for medical use as authorized by the provisions of P.L.2009, c.307 (C.24:6I-1 et al.), which system shall serve the same purpose as, and be cross-referenced with, the electronic system for monitoring controlled dangerous substances established pursuant to section 25 of P.L.2007, c.244 (C.45:1-45).
b. The Director of the Division of Consumer Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Cannabis Regulatory Commission, shall adopt rules and regulations to effectuate the purposes of subsection a. of this section.
c. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director of the Division of Consumer Affairs shall adopt, immediately upon filing with the Office of Administrative Law and no later than the 90th day after the effective date of P.L.2009, c.307 (C.24:6I-1 et al.), such regulations as the director deems necessary to implement the provisions of subsection a. of this section. Regulations adopted pursuant to this subsection shall be effective until the adoption of rules and regulations pursuant to subsection b. of this section and may be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2009, c.307, s.11; amended 2019, c.153, s.44.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-47 - Prescription monitoring program; provisions for expansion.

45:1-47 Prescription monitoring program; provisions for expansion.
27. Prescription Monitoring Program; provisions for expansion.
a. Notwithstanding the provisions of section 25 of P.L.2007, c.244 (C.45:1-45) to the contrary, the director may adopt a regulation to expand the program to require pharmacies to include information about each prescription dispensed for a prescription drug that is not a controlled dangerous substance. In determining whether pharmacies should be required to submit to the program information about a prescription drug other than a controlled dangerous substance, the director shall consider: the actual or relative potential for abuse; scientific evidence of its pharmacological effect, if known; the state of current scientific knowledge regarding the drug; its history and current pattern of abuse, including its use to potentiate or enhance the effects of controlled dangerous substances that are subject to abuse; the scope, duration and significance of abuse; what, if any, risk to the public health; and its psychic or physiological dependence liability.
b. At the time the notice to expand the program pursuant to subsection a. is published in the New Jersey Register, the director shall provide a copy of the notice of proposed rule making to the chairpersons of the standing legislative reference committees on health of the Senate and General Assembly.
L.2007, c.244, s.27; amended 2017, c.341, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-48 - Immunity from liability.

45:1-48 Immunity from liability.
28. Immunity from liability.
a. The division shall be immune from civil liability arising from inaccuracy of any of the information submitted to it pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
b. A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner shall be immune from civil liability arising from compliance with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
L.2007, c.244, s.28; amended 2015, c.74, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-49 - Penalties.

45:1-49 Penalties.
29. Penalties.
a. A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of P.L.2007, c.244 (C.45:1-45), who knowingly fails to submit data as required, shall be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21) and may be subject to a civil penalty in an amount not to exceed $1,000 for failure to comply with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
b. (1) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner, or any other person or entity who knowingly obtains or attempts to obtain prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be subject to a civil penalty in an amount not to exceed $10,000.
(2) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall also be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
c. In addition to any other penalty provided by law, a person who is authorized to obtain prescription monitoring information from the Prescription Monitoring Program who knowingly discloses such information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be guilty of a crime of the fourth degree and shall be subject to a civil penalty in an amount not to exceed $10,000.
d. In addition to any other penalty provided by law, a person who is authorized to obtain prescription monitoring information from the Prescription Monitoring Program who uses this information in the course of committing, attempting to commit, or conspiring to commit any criminal offense shall be guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction under this subsection shall not merge with a conviction of any other offense, nor shall any other conviction merge with a conviction under this subsection. The court shall impose separate sentences upon a conviction under this subsection and any other criminal offense.
e. In addition to any other penalty provided by law, a person who is not authorized to obtain prescription monitoring information from the Prescription Monitoring Program who knowingly obtains or attempts to obtain such information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall be guilty of a crime of the fourth degree.
f. A civil penalty imposed under this section shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
L.2007, c.244, s.29; amended 2015, c.74, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-50.1 - Annual report.

45:1-50.1 Annual report.
9. The division shall annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which provides information on the nature and extent of registration with, and utilization of, the Prescription Monitoring Program, as well as recommendations for program improvement.
L.2015, c.74, s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-50.2 - Completion of assessment.

45:1-50.2 Completion of assessment.
10. The division shall complete an assessment regarding the design, implementation requirements, and costs associated with a real time prescription monitoring system, and shall report its assessment and any recommendations to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within 18 months after the enactment of P.L.2015, c.74 (C.45:1-46.1 et al.).
L.2015, c.74, s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-51 - Rules, regulations.

45:1-51 Rules, regulations.
31. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs shall adopt rules and regulations necessary to effectuate the purposes of sections 24 through 30 of P.L.2007, c.244 (C.45:1-44 through C.45:1-50).
L.2007, c.244, s.31.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-52 - Continuation of regulations.

45:1-52 Continuation of regulations.
32. Continuation of regulations. Orders, rules and regulations concerning implementation of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, issued or promulgated by the Department of Health and Senior Services prior to the effective date of P.L.2007, c.244 (C.24:21-54 et al.), shall continue with full force and effect until amended or repealed by the Division of Consumer Affairs pursuant to law.
L.2007, c.244, s.32.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-53 - Submission of bill to Medicare beneficiary by health care professional; reporting of nonpayment.

45:1-53 Submission of bill to Medicare beneficiary by health care professional; reporting of nonpayment.
2. a. A health care professional licensed pursuant to Title 45 of the Revised Statutes, who provides a health care service to a Medicare beneficiary, shall bill the beneficiary, within 90 days from the date the payment from Medicare or other third party payer is finalized for any amounts due and owing for the service that are not reimbursed by the Medicare program or other third party payer.
b. In the event the health care professional does not submit a bill to the beneficiary within 90 days from the date the payment from Medicare or other third party payer is finalized, the health care professional shall not be permitted to report any nonpayment of the bill by the beneficiary to a consumer reporting agency.
c. A health care professional who violates the provisions of this section shall be subject to such penalties as the Director of Consumer Affairs in the Department of Law and Public Safety may determine pursuant to sections 9 and 12 of P.L.1978, c.73 (C.45:1-22 and 45:1-25).
d. As used in this section:
"Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility for the purpose of preparing or furnishing consumer reports.
L.2010, c.95, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-53.1 - Violations, notice to licensing board; license revocation; definitions.

45:1-53.1 Violations, notice to licensing board; license revocation; definitions.
2. a. Any pharmacist or other health care professional who is charged with an offense in violation of section 1 of P.L.2019, c.339 (C.2C:35-11.1) shall promptly notify the applicable licensing board of the pending charge. Failure to provide the prompt notice required by this subsection shall be deemed grounds for disciplinary action by the applicable licensing board.
b. Upon conviction of an offense in violation of section 1 of P.L.2019, c.339 (C.2C:35-11.1)), the CDS registration of the pharmacist or other health care professional shall be revoked for a period of not less than five years and that professional's certification or license shall be revoked by the applicable licensing board based solely upon the fact of the conviction, for a period of time to be determined by that board.
c. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a licensing or certifying board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), or other licensing or certifying authority that has jurisdiction over health care professionals pursuant to Title 45 of the Revised Statutes, may adopt rules and regulations to effectuate the provisions of P.L.2019, c.339 (C.2C:35-11.1 et al.).
d. As used in this section:
"CDS registration" means registration with the Division of Consumer Affairs to manufacture, distribute, dispense, or conduct research with controlled dangerous substances issued pursuant to section 11 of P.L.1970, c.226 (C.24:21-11).
"Health care professional" means a professional licensed pursuant to Title 45 of the Revised Statutes to provide a health care service to a patient including, but not limited to: a licensed physician, advanced practice nurse, nurse, pharmacist, psychologist, psychiatrist, psychoanalyst, clinical social worker, physician assistant, professional counselor, dentist, orthotist, prosthetist, respiratory therapist, speech pathologist, audiologist, optometrist, veterinarian, or any other health care professional acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes.
"Pharmacist" means a pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.).
L.2019, c.339, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-55 - Sexual orientation change efforts prohibited for persons under 18 years old.

45:1-55 Sexual orientation change efforts prohibited for persons under 18 years old.
2. a. A person who is licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or a person who performs counseling as part of the person's professional training for any of these professions, shall not engage in sexual orientation change efforts with a person under 18 years of age.
b. As used in this section, "sexual orientation change efforts" means the practice of seeking to change a person's sexual orientation, including, but not limited to, efforts to change behaviors, gender identity, or gender expressions, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same gender; except that sexual orientation change efforts shall not include counseling for a person seeking to transition from one gender to another, or counseling that:
(1) provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and
(2) does not seek to change sexual orientation.
L.2013, c.150, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-57 - Findings, declarations relative to safe handling of hazardous drugs.

45:1-57 Findings, declarations relative to safe handling of hazardous drugs.
2. a. The Legislature finds and declares that:
(1) Health care personnel who work with or near hazardous drugs in health care settings may be exposed to these agents in the air and through contact with work surfaces, clothing, medical equipment, and patients;
(2) According to the National Institute for Occupational Safety and Health (NIOSH), which is part of the federal Centers for Disease Control and Prevention, early concerns about occupational exposure to anticancer drugs first appeared in the 1970s;
(3) Antineoplastic and other hazardous drugs have been identified with a number of acute, short-term, and chronic effects, including skin rashes, infertility, miscarriage, birth defects, liver and kidney damage, damage to the bone marrow, damage to the heart and lungs, and various cancers; and
(4) In 2004, NIOSH published an alert on preventing occupational exposures to antineoplastic drugs in health care settings. NIOSH urges that all hazardous drugs be universally handled according to standard precautions as outlined in the alert, which includes recommended procedures for assessing workplace hazards, handling hazardous drugs, and using and maintaining equipment, as well as a list of "drugs considered hazardous," which was updated in 2010, 2012, and 2014.
b. The Legislature therefore determines that it is the public policy of the State to provide for the appropriate regulation of the handling of hazardous drugs consistent with the NIOSH alert, regardless of the setting in which health care is provided, in order to protect health care personnel from potentially harmful exposure to antineoplasic and other hazardous drugs.
L.2017, c.69, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-58 - Definitions relative to safe handling of hazardous drugs.

45:1-58 Definitions relative to safe handling of hazardous drugs.
3. As used in this act:
"Animal or veterinary facility" means an animal or veterinary facility as defined in section 1 of P.L.1983, c.98 (C.45:16-1.1).
"Antineoplastic" means inhibiting or preventing the growth and spread of tumors or malignant cells.
"Hazardous drugs" means drugs that exhibit one or more of the following characteristics in humans or animals: carcinogenicity; teratogenicity or other developmental toxicity; reproductive toxicity; organ toxicity at low doses; genotoxicity; or structure and toxicity profiles that mimic existing hazardous drugs. This term includes, but is not limited to, antineoplastic drugs.
"Health care facility" means a general acute care hospital, satellite emergency department, hospital-based off-site ambulatory care facility in which ambulatory surgical procedures are performed, or ambulatory surgical facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Health care professional" means a physician, physician assistant, advanced practice nurse, registered nurse, licensed practical nurse, pharmacist, or veterinarian licensed or certified pursuant to Title 45 of the Revised Statutes. "Health care professional" shall not include a licensed dentist or dental hygienist.
"Pharmacy practice site" means a pharmacy practice site licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.).
"Stakeholder group" means a group of stakeholders in the areas of health care and workplace safety, which shall consist of: a representative of the Rutgers Cancer Institute of New Jersey; a representative of the New Jersey Hospital Association; a representative of the New Jersey Veterinary Medical Association; a representative of the Medical Society of New Jersey; a representative of the New Jersey State Society of Physician Assistants; practicing physicians from impacted specialties including, but not limited to, oncology; pharmacists; practicing advanced practice nurses, registered nurses, and licensed practical nurses, including at least one representative from the New Jersey Chapters of the Oncology Nursing Society; three representatives from organized labor unions representing health care personnel employed by health care professionals or employed in health care facilities, pharmacy practice sites, or animal or veterinary facilities, two of whom shall serve at the recommendation of the New Jersey State AFL-CIO; and other interested stakeholders.
L.2017, c.69, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-59 - Adoption of standards, regulations.

45:1-59 Adoption of standards, regulations.
4. a. No later than 12 months after the effective date of this act, the Commissioner of Health and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with a stakeholder group as defined in section 3 of P.L.2017, c.69 (C.45:1-58), shall adopt standards and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) concerning the handling of hazardous drugs by health care personnel employed by a health care professional or employed in a health care facility, pharmacy practice site, or animal or veterinary facility.
b. The standards and regulations to be adopted pursuant to subsection a. of this section shall describe the hazardous drugs for which handling is to be regulated, the methods and procedures for handling such drugs, an implementation plan, and such other requirements as may be necessary to protect the health and safety of health care personnel employed by a health care professional or employed in a health care facility, pharmacy practice site, or animal or veterinary facility, including, but not limited to:
(1) written, site-specific hazardous drug control programs to avoid occupational exposure to hazardous drugs through transporting, compounding, administering, disposing, or other handling of the drugs;
(2) hazard assessments to determine precautions necessary to protect health care personnel from exposure to hazardous drugs;
(3) engineering controls to eliminate or minimize exposure to hazardous drugs;
(4) personal protective equipment and the circumstances under which personal protective equipment shall be used by health care personnel;
(5) safe handling practices related to hazardous drugs, including handling, receiving, storage, preparing, administering, waste handling, cleaning, housekeeping, labeling and signage, and maintenance practices;
(6) spill control and response procedures;
(7) training standards and training programs;
(8) requirements for recordkeeping, including records related to training sessions, qualifications, incident reports, and other pertinent information; and
(9) appropriate medical surveillance for health care personnel who directly handle hazardous drugs.
c. The standards and regulations adopted pursuant to subsection a. of this section shall include requirements for inspections by the appropriate licensing or inspection authority and a schedule of penalties for violations of the provisions of this act or the rules and regulations adopted pursuant to subsection a. of this section.
d. The standards and regulations adopted pursuant to subsection a. of this section shall be based on the most recent recommendations set forth by the National Institute for Occupational Safety and Health in the federal Centers for Disease Control and Prevention.
L.2017, c.69, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-60 - Hazardous drugs training.

45:1-60 Hazardous drugs training.
5. Employers of health care personnel shall provide hazardous drugs training to all employees who have or are likely to have occupational exposure to hazardous drugs. This training shall take place at the time of the employee's initial job assignment and on an annual basis thereafter. Such training shall be consistent with the standards and regulations adopted pursuant to subsection a. of section 4 of P.L.2017, c.69 (C.45:1-59).
L.2017, c.69, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-63 - Establishment of proper provider-patient relationship; exceptions.

45:1-63 Establishment of proper provider-patient relationship; exceptions.
3. a. Any health care provider who engages in telemedicine or telehealth shall ensure that a proper provider-patient relationship is established. The establishment of a proper provider-patient relationship shall include, but shall not be limited to:
(1) properly identifying the patient using, at a minimum, the patient's name, date of birth, phone number, and address. When properly identifying the patient, the provider may additionally use the patient's assigned identification number, social security number, photo, health insurance policy number, or other appropriate patient identifier associated directly with the patient;
(2) disclosing and validating the provider's identity and credentials, such as the provider's license, title, and, if applicable, specialty and board certifications;
(3) prior to initiating contact with a patient in an initial encounter for the purpose of providing services to the patient using telemedicine or telehealth, reviewing the patient's medical history and any available medical records; and
(4) prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, determining whether the provider will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in person. The provider shall make this determination prior to each unique patient encounter.
b. Telemedicine or telehealth may be practiced without a proper provider-patient relationship, as defined in subsection a. of this section, in the following circumstances:
(1) during informal consultations performed by a health care provider outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
(2) during episodic consultations by a medical specialist located in another jurisdiction who provides consultation services, upon request, to a properly licensed or certified health care provider in this State;
(3) when a health care provider furnishes medical assistance in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
(4) when a substitute health care provider, who is acting on behalf of an absent health care provider in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent health care provider has designated the substitute provider as an on-call provider or cross-coverage service provider.
L.2017, c.117, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-65 - Telemedicine and Telehealth Review Commission.

45:1-65 Telemedicine and Telehealth Review Commission.
5. a. Six months after the effective date of P.L.2017, c.117 (C.45:1-61 et al.), there shall be established in the Department of Health the Telemedicine and Telehealth Review Commission, which shall review the information reported by telemedicine and telehealth organizations pursuant to subsection b. of section 4 of P.L.2017, c.117 (C.45:1-64) and make recommendations for such executive, legislative, regulatory, administrative, and other actions as may be necessary and appropriate to promote and improve the quality, efficiency, and effectiveness of telemedicine and telehealth services provided in this State.
b. The commission shall consist of seven members, as follows: the Commissioner of Health, or a designee, who shall serve ex officio, and six public members, with two members each to be appointed by the Governor, the Senate President, and the Speaker of the General Assembly. The public members shall be health care professionals with a background in the provision of health care services using telemedicine and telehealth. The public members shall serve at the pleasure of the appointing authority, and vacancies in the membership shall be filled in the same manner as the original appointments.
c. Members of the commission shall serve without compensation but may be reimbursed for necessary travel expenses incurred in the performance of their duties within the limits of funds made available for that purpose.
d. The members shall select a chairperson and a vice chairperson from among the members. The chairperson may appoint a secretary, who need not be a member of the commission. The Department of Health shall provide staff and administrative support to the commission.
e. The commission shall meet at least twice a year and at such other times as the chairperson may require. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.
f. The commission shall report its findings and recommendations to the Governor, the Commissioner of Health, the State boards or other entities that, pursuant to Title 45 of the Revised Statutes, are responsible for the licensure, certification, or registration of health care providers in the State who provide health care services using telemedicine or telehealth pursuant to P.L.2017, c.117 (C.45:1-61 et al.), and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature no later than two years after the date the commission first meets. The commission shall expire upon submission of its report.
L.2017, c.117, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-68 - Findings, declarations relative to identification of health care professionals.

45:1-68 Findings, declarations relative to identification of health care professionals.
2. The Legislature finds and declares that:
a. There are a multitude of professional degrees using the term "doctor," including "medical doctor" (M.D.); "doctor of osteopathy" (D.O.); "doctor of dental surgery" (D.D.S.); "doctor of medicine in dentistry" (D.M.D.); "doctor of podiatric medicine" (D.P.M.); "doctor of optometry" (O.D.); "doctor of chiropractic" (D.C.); "doctor of nursing" (D.N.); "doctor of psychology" (PhD);" and other designations which may be used by health care professionals.
b. A July 2018 study by the American Medical Association found that 27 percent of patients erroneously believe that a chiropractor is a medical doctor; 39 percent of patients erroneously believe that a doctor of nursing practice is a medical doctor; 43 percent of patients erroneously believe that a psychologist is a medical doctor; 47 percent of patients erroneously believe that an optometrist is a medical doctor; and 67 percent of patients erroneously believe a podiatrist is a medical doctor.
c. There are widespread differences regarding the training and qualifications required to earn the degrees of the health care professionals subject to P.L.2020, c.133 (C.45:1-67 et seq.). These differences often concern the training and skills necessary to correctly detect, diagnose, prevent, and treat serious health care conditions.
d. There is a compelling State interest in patients being promptly and clearly informed of the training and qualifications of the health care professionals who provide health care services.
e. There is a compelling State interest in the public being protected from potentially misleading and deceptive health care advertising that might cause patients to have undue expectations regarding their treatment and outcome.
L.2020, c.133, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-71 - Additional unlawful practices for health care professionals; violations, penalties.

45:1-71 Additional unlawful practices for health care professionals; violations, penalties.
5. a. In addition to any practice declared unlawful pursuant to P.L.1978, c.73 (C.45:1-14 et seq.), it shall be unlawful for a health care professional to fail to comply with any provision of section 4 of P.L.2020, c.133 (C.45:1-70).
b. Nothing in P.L.2020, c.133 (C.45:1-67 et seq.) shall be construed to impose liability on news media that accept or publish advertising that may fall within the scope of P.L.2020, c.133 (C.45:1-67 et seq.).
L.2020, c.133, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-72 - Severability.

45:1-72 Severability.
6. If any of the provisions of P.L.2020, c.133 (C.45:1-67 et seq.) or its application to any person or circumstance is held to be invalid, the invalidity shall not affect any other provision or application of P.L.2020, c.133 (C.45:1-67 et seq.) which can be given effect without the invalid provision or application and, to this end, the provisions of P.L.2020, c.133 (C.45:1-67 et seq.) are severable.
L.2020, c.133, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:1-73 - Construction of act.

45:1-73 Construction of act.
7. Nothing in this act shall be construed to limit a licensing board authorized under Title 45 or Title 52 of the Revised Statutes, or limit any principal department of the Executive Branch of State government or any entity within any department or any other entity hereafter created to license or otherwise regulate a health care profession to adopt more stringent standards for its licensees.
L.2020, c.133, s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-43 - Findings, declarations relative to practice of accounting

45:2B-43 Findings, declarations relative to practice of accounting
2. The Legislature finds and declares that it is the policy of this State, and the purpose of this act, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that persons preparing financial statements accompanied by reports or professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so, and that persons who have not demonstrated and maintained those qualifications, including license holders not in public practice, shall not be permitted to hold themselves out as having that special competence or to offer that assurance; that the professional conduct of persons licensed as having special competence in accountancy be regulated in all aspects of the practice of public accountancy; that a public authority competent to prescribe and assess the qualifications and to regulate the professional conduct of practitioners of public accountancy be established; and the use of titles relating to the practice of public accountancy that are likely to mislead the public as to the status or competence of the persons using those titles be prohibited.
L.1997,c.259,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-45 - New Jersey State Board of Accountancy

45:2B-45 New Jersey State Board of Accountancy
4. The New Jersey State Board of Public Accountants created and established by P.L.1904, c.230 as amended and supplemented, continued by R.S.45:2-1 and further continued and constituted as the New Jersey State Board of Certified Public Accountants by P.L.1965, c.99, and further continued and constituted as the New Jersey State Board of Accountancy by P.L.1977, c.144, is further continued as the New Jersey State Board of Accountancy and the members and officers of that board as presently constituted shall continue to hold office until the expiration of their terms.
Wherever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey State Board of Certified Public Accountants, the same shall mean and refer to the New Jersey State Board of Accountancy.
L.1997,c.259,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-46 - Membership; terms; vacancies; removal.

45:2B-46 Membership; terms; vacancies; removal.
5. The board shall consist of 12 members as follows: nine of whom shall have been engaged in the practice of public accountancy in this State, with not more than two of them being public accountants, and at least one of whom holds both a Registered Municipal Accountant's license and a Public School Accountant's license; two of whom shall be public members; and one of whom shall be a State executive department member. Each member engaged in the practice of public accountancy shall maintain an active license in New Jersey during his term of service on the board. Each member, other than the State executive department member, shall be appointed by the Governor for a term of three years and shall hold office until reappointed or a successor is appointed and qualified. Any vacancy on the board shall be filled by the Governor for the unexpired term only.
The public members and the State executive department member shall be appointed by the Governor in accordance with and subject to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.).
Except for the State executive department member, no member may serve more than two successive terms in addition to any unexpired term to which he has been appointed, except that any member who has served two such successive terms may be reappointed after an intervening period of one year.
The Governor may remove any member of the board, other than the State executive department member, for cause, upon notice and opportunity to be heard.
L.1997, c.259, s.5; amended 2001, c.149, s.2; 2014, c.59, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-47 - Oath by members of board, officers, rules, etc.

45:2B-47 Oath by members of board, officers, rules, etc.
6. a. Before entering upon the discharge of their duties, the members of the board shall take and subscribe an oath for the faithful performance of their duties before the Attorney General or any officer authorized to administer oaths in this State and file the same with the Secretary of State.
b. Subject to the approval of the Attorney General, the members of the board shall annually elect a president, a vice president, a treasurer and a secretary from among their members.
c. Notwithstanding the provisions of any other law, the Attorney General shall appoint, as chief administrative officer of the board, an executive director who shall not be a member of the board and who shall serve at the pleasure of the Attorney General. The duties of the executive director shall be determined by the Attorney General. The executive director shall not engage in the practice of public accounting.
d. A majority of the members of the board shall constitute a quorum and no action of the board shall be taken except upon the affirmative vote of a majority of the members of the entire board.
e. Members of the board shall be reimbursed for actual expenses reasonably incurred in the performance of their official duties and shall receive that compensation as determined by the Attorney General. The executive director shall receive that compensation as determined by the Attorney General within the limit of available funds.
f. Expenditures of the board in any fiscal year shall not exceed board revenues and all expenditures shall be in accordance with the provisions of this act and the annual appropriations act.
g. Subject to the approval of the Attorney General, the board may adopt rules and regulations as necessary to implement the provisions of this act, including, without limitations, rules and regulations governing professional conduct.
h. Subject to the provisions of subsection f. of this section, the board may appoint committees or persons to advise or assist the board in the administration and enforcement of this act.
L.1997,c.259,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-48 - Powers of board

45:2B-48 Powers of board
7. The board shall, in addition to any other powers granted under this act:
a. Administer and enforce the provisions of this act;
b. Adopt and promulgate rules, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act;
c. Establish rules of professional conduct for persons licensed under this act, including, but not limited to, prohibiting the payment to, or receipt or offering of a commission or contingency fee by a licensee and establishing requirements for written disclosures in transactions involving a client of the licensee's accounting practice;
d. Conduct hearings pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). In any hearing or investigation, the board shall have the right to administer oaths to witnesses, and shall have the power to issue subpoenas for the compulsory attendance of witnesses and the production of pertinent books, papers, or records;
e. Take such action as is necessary before any board, agency or court of competent jurisdiction for the enforcement of the provisions of this act;
f. Evaluate and pass upon the qualification of candidates for licensure;
g. Adopt and administer the examinations to be taken by applicants for licensure;
h. Prescribe or change the fees for examinations, licensing, registrations, certifications, renewals, or other services performed pursuant to the provisions of P.L.1974, c.46 (C.45:1-3.1 et seq.);
i. Subject to the requirements of this act, establish standards for and approve continuing education programs and sponsors of continuing education programs; and
j. Have the investigative and enforcement powers provided pursuant to P.L.1978, c.73 (C.45:1-14 et seq.).
L.1997,c.259,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-49 - Application for licensure; requirements.

45:2B-49 Application for licensure; requirements.
8. Every applicant for examination for licensure as a certified public accountant shall present to the board a written application on a form to be provided by the board, together with the required fee, and satisfactory proof of the following:
a. (Deleted by amendment, P.L.2019, c.10)
b. That the applicant is of good moral character; and
c. That the applicant has at least 120 semester hours of education, including a baccalaureate or higher degree or its equivalent, from an institution of higher education accredited by a regional accrediting agency recognized by the Commission on Higher Education, except that no applicant shall be issued a license unless he has successfully completed at least 150 hours of education. The educational program shall include a concentration in accounting or its equivalent and related professional courses as determined by regulation of the board.
L.1997, c.259, s.8; amended 2001, c.149, s.3; 2005, c.104; 2019, c.10, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-50 - Examination required for issuance of license

45:2B-50 Examination required for issuance of license
9. Except as otherwise provided, no person shall be issued a license by the board to practice as a certified public accountant until he has passed all sections of an examination designated by the board with a passing grade of 75 in each section. If the candidate does not pass all of the sections of the examination at one sitting, he may be reexamined with respect to the sections which he did not pass, under terms and conditions established by the board.
The board may make use of the Uniform Certified Public Accountant Examination, or the Advisor Grading Service of the American Institute of Certified Public Accountants, or any other examination offered by an organization recognized by the board, which the board deems appropriate.
L.1997, c.259, s.9; amended 2019, c.10, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-51 - Requirements for licensure

45:2B-51 Requirements for licensure
10. a. Every applicant for licensure as a certified public accountant, having passed the examination in compliance with the provisions of section 9 of P.L.1997, c.259 (C.45:2B-50), shall provide satisfactory proof to the board that the applicant has had one year of experience providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, all of which was verified by a licensee, and meeting the requirements prescribed by the board pursuant to promulgated regulations. The experience required pursuant to this section is acceptable if it was gained through employment in government, industry, academia, or public practice.
(1) (Deleted by amendment, P.L.2019, c.10)
(2) (Deleted by amendment, P.L.2019, c.10)
b. (Deleted by amendment, P.L.2019, c.10)
L.1997, c.259, s.10; amended 2019, c.10, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-52 - Persons currently registered continue to hold designation

45:2B-52 Persons currently registered continue to hold designation
11. Any person who is registered as a public accountant pursuant to the provisions of section 13 of P.L.1977, c.144 (C.45:2B-13) on the effective date of this act shall continue to hold that designation under the terms of this act, and shall be registered with the board and eligible for the renewal of any license issued by the board prior to the effective date of this act.
L.1997,c.259,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:2B-54.1 - Requirements for non-licensed owners

45:2B-54.1. Requirements for non-licensed owners
5. a. A firm registered under P.L 1997, c.259 (C.45:2B-42 et seq.) as a firm of certified public accountants or public accountants may have owners who are not licensed as certified public accountants or public accountants if it meets the following requirements:
(1) Nonlicensee owners shall be natural persons or entities, including, but not limited to, partnerships and professional corporations, provided that each ultimate beneficial owner of an equity interest in that entity shall be a natural person materially participating in the business conducted by the firm or entity affiliated with the firm;
(2) The ownership interest of nonlicensee owners shall revert to the firm upon the cessation of any material participation by the nonlicensee owner in the business conducted by the firm or entity;
(3) Persons who are licensed to practice public accountancy in any state or possession of the United States or the District of Columbia shall in the aggregate, directly or beneficially, comprise not less than half of the owners, hold more than half of the equity capital, and possess majority voting rights of the firm; and
(4) Nonlicensee owners shall not hold themselves out as certified public accountants or public accountants.
b. Except as otherwise permitted by the board, a person shall not become a nonlicensee owner or remain a nonlicensee owner if the person has:
(1) Been convicted of any crime, an element of which is dishonesty or fraud, under the laws of this State or any other state, of the United States, or of any other jurisdiction. A conviction includes the initial plea, verdict, or finding of guilty, pleas of no contest, or pronouncement of sentence by a trial court, notwithstanding that conviction may not be final or sentence actually imposed until appeals are exhausted;
(2) Had a professional license or the right to practice revoked or suspended for reasons other than nonpayment of fees, or has voluntarily surrendered a license or right to practice with disciplinary charges or a disciplinary investigation pending, which license or right to practice has not been reinstated by a licensing agency of this State or any other state, of the United States, or of any other jurisdiction;
(3) Been in violation of P.L.1997, c.259 (C.45:2B-42 et seq.) or any regulation promulgated by the board under that act.
c. A nonlicensee owner of a licensed firm shall report to the board in writing of the occurrence of any of the events set forth in subsection b. of this section within 30 days of the date the nonlicensee owner has knowledge of the event. The report shall identify the event by the name of the agency or court, the title of the matter, the docket number, and the date of occurrence of the event.
L.1999,c.215,s.5; amended 2001, c.149, s.6.