reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 5 - SCOPE OF PRACTICE › Section 13:44K-5.4 - Use of physical agent modalities by a licensed occupational therapist; delegation to licensed occupational therapy assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed occupational therapist may use physical agent modalities as set forth in this section for the purpose of enhancing the functional performance of a client. For purposes of this section, "physical agent modalities" shall mean those modalities that produce a biophysical response through the use of light, water, temperature, sound, electricity or mechanical devices.
(b) A licensed occupational therapist may use superficial thermal agents, such as hydrotherapy/whirlpool, cryotherapy (cold packs, ice), fluidotherapy, hot packs, paraffin, water, infrared light and other commercially available heating and cooling technologies and mechanical devices, such as vasopneumatic and continuous passive motion devices.
(c) A licensed occupational therapist shall demonstrate competency, as provided in (e) or (f) below, prior to using any of the following advanced physical agent modalities: diathermy; high-voltage galvanic stimulation; micro current stimulation; transcutaneous electrical nerve stimulation; neuromuscular electrical stimulation; iontophoresis; therapeutic ultrasound; phonophoresis; and cold lasers.
(d) A provider of a training course in the use of advanced physical agent modalities may obtain Council approval of the course upon submission of documentation verifying that the course satisfies the requirements set forth in (e) below. Council approval for a training course shall be valid for one year. Resubmission of course documentation shall be required for renewal of course approval and whenever a provider changes the course content of an approved training course.
(e) A licensed occupational therapist may use advanced physical agent modalities if he or she has completed a Council-approved training course, which meets the following requirements:
1. The training course shall include at least 30 hours of didactic instruction. For purposes of this subsection, "didactic instruction" means live, in-person instruction and may include interactive telephonic or electronic instruction, but shall not include videotaped or audiotaped instruction. The training course shall include:
i. Four hours of training in the use of heat wave physical agent modalities;
ii. Sixteen hours of training in the use of electric wave physical agent modalities;
iii. Six hours of training in the use of sound wave physical agent modalities; and
iv. Four hours of training in the use of light wave physical agent modalities;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 5 - SCOPE OF PRACTICE › Section 13:44K-5.5 - Use of physical agent modalities by a licensed occupational therapy assistant; supervisor responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed occupational therapy assistant may use the superficial thermal agent and mechanical device modalities set forth in 13:44K-5.4(b)  under the supervision of a licensed occupational therapist consistent with the requirements of N.J.A.C. 13:44K-5.4.
(b) A licensed occupational therapy assistant may use the advanced physical agent modalities set forth in 13:44K-5.4(c)  under the supervision of a licensed occupational therapist consistent with the requirements of this section.
(c) Prior to using advanced physical agent modalities, a licensed occupational therapy assistant shall have completed a training course that meets the requirements set forth in 13:44K-5.4(e).
(d) A licensed occupational therapy assistant shall use advanced physical agent modalities only under the supervision of a licensed occupational therapist who has:
1. Met the experience requirements of N.J.A.C. 13:44K-6.2(a); and
2. Completed a training course that meets the requirements of 13:44K-5.4(e)  or who holds a current certification from the Hand Therapy Certification Commission or any other national organization that utilizes substantially similar certification standards consistent with the requirements of 13:44K-5.4(f).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 6 - SUPERVISION › Section 13:44K-6.1 - Supervision requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed occupational therapy assistant or temporary licensed occupational therapist shall provide occupational therapy services only under the supervision of a licensed occupational therapist pursuant to the provisions of this subchapter.
(b) A temporary licensed occupational therapy assistant shall work only under the supervision of a licensed occupational therapist, or a licensed occupational therapy assistant who has been delegated supervisory responsibilities pursuant to N.J.A.C. 13:44K-6.6, pursuant to the provisions of this subchapter.
(c) The supervising occupational therapist shall retain responsibility for the occupational therapy care of the client being treated by the licensed occupational therapy assistant, a temporary licensed occupational therapist, or a temporary licensed occupational therapy assistant.
(d) In the event of a change of the supervising occupational therapist, the subsequent supervisor shall assume responsibility for the ongoing supervision of any occupational therapy assistant(s), temporary licensed occupational therapist(s), or temporary licensed occupational therapy assistant(s) providing care to a client and shall become the designated supervisor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 6 - SUPERVISION › Section 13:44K-6.2 - Designated supervisor: general qualifications and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to supervising any person engaged in the practice of occupational therapy services, a licensed occupational therapist shall have at least 1,200 hours of work experience obtained in no less than one year and within three consecutive years of practice.
(b) A licensed occupational therapist shall not supervise more than five licensees, including occupational therapy assistants, temporary licensed occupational therapists, or temporary licensed occupational therapy assistants.
(c) A licensed occupational therapist may supervise five occupational therapy students who are fulfilling the required fieldwork component of their educational training.
(d) Notwithstanding the provisions of (b) and (c) above, a licensed occupational therapist shall not supervise more than seven persons at one time.
(e) A designated supervisor shall maintain a written plan of supervision that shall include evidence of the ongoing supervision of each occupational therapy assistant and temporary licensee for whom the supervisor is responsible.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 6 - SUPERVISION › Section 13:44K-6.3 - Responsibilities of a designated supervisor: occupational therapy assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A designated supervisor shall be responsible for the close, routine, or general supervision of an occupational therapy assistant.
(b) A designated supervisor shall determine the level of supervision required of each occupational therapy assistant consistent with the condition of the client, the education, skill, and training of the occupational therapy assistant, and the nature of the tasks and activities to be performed by the occupational therapy assistant; provided, however, that a designated supervisor shall provide close supervision for any occupational therapy assistant who has been engaged in the practice of occupational therapy services for less than one year on a full-time basis.
1. For purposes of this subsection, "full-time basis" means 1,200 hours of practice. No more than 30 hours of practice shall be obtained in any one week.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 6 - SUPERVISION › Section 13:44K-6.4 - Responsibilities of a designated supervisor: temporary license holder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A designated supervisor shall be responsible for the close supervision of a temporary license holder.
(b) A designated supervisor who is unavailable to provide a temporary license holder with supervision as required by (a) above, for more than one day, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 6 - SUPERVISION › Section 13:44K-6.5 - Responsibilities of an occupational therapy assistant and temporary license holder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An occupational therapy assistant, a temporary licensed occupational therapist, or a temporary licensed occupational therapy assistant shall not render nor continue to render client care unless he or she has obtained ongoing direction from his or her designated supervisor.
(b) An occupational therapy assistant, a temporary licensed occupational therapist, and a temporary licensed occupational therapist assistant shall each be responsible
for
clients within the limits of his or her respective scope of practice pursuant to NJ.A.C. 13:44K-5.1 or 5.2, as applicable.
(c) An occupational therapy assistant, a temporary licensed occupational therapist, and a temporary licensed occupational therapist assistant shall maintain a record of supervision, which shall include the name and license number of his or her designated supervisor, the date when the occupational therapy assistant or temporary licensee received supervision, and the type of supervision that was provided.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 6 - SUPERVISION › Section 13:44K-6.6 - Delegation of supervision responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A designated supervisor providing close supervision of an occupational therapy assistant, a temporary licensed occupational therapy assistant or an occupational therapy student, may delegate his or her supervisory responsibility for the daily, face-to-face contact with and frequent observation of the performance of the occupational therapy assistant, the temporary licensed occupational therapy assistant or the occupational therapy student, to an occupational therapy assistant who, in the professional judgment of the supervising occupational therapist, has been adequately prepared by verified training and education in the provision of occupational therapy services consistent with the requirements set forth at 13:44K-2.1.
(b) Notwithstanding the provisions of (a) above, no designated supervisor shall delegate his or her responsibilities for close supervision of an occupational therapy assistant to an occupational therapy assistant who has less than 3,600 hours of work experience obtained within a five year period in the particular practice area in which services are being provided.
(c) A licensed occupational therapy assistant who has been delegated supervision responsibilities pursuant to (a) and (b) above, shall not supervise more than three persons at one time.
(d) Notwithstanding the provisions of (a), (b) and (c) above, a licensed occupational therapist shall not supervise more than seven persons at one time, pursuant to the provisions of 13:44K-6.2.
(e) When supervision of an occupational therapy assistant, a temporary licensed occupational therapy assistant or an occupational therapy student is delegated pursuant to the provisions of (a), (b), (c) and (d) above, the supervising occupational therapist shall retain responsibility for all occupational therapy care of the client.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed by the Council.
(c) Pursuant to N.J.S.A. 45:1-62, an occupational therapist, occupational therapy assistant, temporary occupational therapist, or temporary licensed occupational therapy assistant must hold a license issued by the Council, if he or she:
1. Is located in New Jersey and provides occupational therapy services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides occupational therapy services to any client located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to or from an originating site or to or from the licensee at a distant site, which allows for the client to be evaluated without being physically present.
"Council" means the Occupational Therapy Advisory Council.
"Cross-coverage" means a licensee engages in a remote occupational therapy evaluation of a client, without in-person contact, at the request of another licensee who has established a proper licenseeclient relationship with the client.
"Distant site" means a site at which a licensee is located while providing occupational therapy services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Council.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a client for whom the licensee has temporarily assumed responsibility, as designated by the client's primary care licensed occupational therapist or other health care provider of record.
"Originating site" means a site at which a client is located at the time that occupational therapy services are provided to the client by means of telemedicine or telehealth.
"Proper licensee-client relationship" means an association between a licensee and client, wherein the occupational therapist or occupational therapy assistant owes a duty to the client to be available to render professional services consistent with his or her training and experience, which is established pursuant to the requirements at N.J.A.C. 13:44K-7.4.
"Telehealth" means the use of information and communications technologies, including telephones, remote client monitoring devices, or other electronic means, to support clinical health care, provider consultation, client and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.).
"Telemedicine" means the delivery of a health care service, including supportive mental health services, using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care licensee who is located at a distant site and a client who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
(b) If a licensee determines, either before or during the provision of occupational therapy services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.
1. An occupational therapy assistant or any licensee working under supervision shall be responsible for determining whether occupational therapy services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.4 - Licensee-client relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
1. Identifying the client with, at a minimum, the client's name, date of birth, phone number, and address. A licensee may also use a client's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
2. Disclosing and validating the licensed occupational therapist or occupational therapy assistant's identity, license, title, and, if applicable, specialty and board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.5 - Provision of occupational therapy services through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:44K-7.4, a licensee may provide occupational therapy services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of occupational therapy services to clients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the client's originating site and record this information in the client's record.
(c) A licensee providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component which allows a licensee to see a client and the client to see the licensee during the provision of occupational therapy services.
(d) A licensee providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provided to a client. Such records shall comply with the requirements at N.J.A.C. 13:44K-10.1, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's medical record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.7 - Prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address:
1. Authentication and authorization of users;
2. Authentication of the client during the initial intake pursuant to N.J.A.C. 13:44K-7.4(a)1;
3. Authentication of the origin of information;
4. The prevention of unauthorized access to the system or information;
5. System security, including the integrity of information that is collected, program integrity, and system integrity;
6. Maintenance of documentation about system and information usage;
7. Information storage, maintenance, and transmission; and
8. Synchronization and verification of client profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:44K-7.8 - Privacy and notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees who communicate with clients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards under 45 CFR 160 and 164, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) Written privacy practices pursuant to (a) above shall include privacy and security measures that assure confidentiality and integrity of client-identifiable information. Transmissions, including client email, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of client information, as defined at 45 CFR 164.402, shall comply with the reporting requirements at 45 CFR 164.
(d) Licensees, or their authorized representatives, shall provide a client, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the client's written acknowledgement of receipt of the notice.
(e) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give clients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the client received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a client, the licensee shall inform the client of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the client regarding the need for the client to obtain an additional in-person medical evaluation reasonably able to meet the client's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.1 - Notification of change of address of record; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall notify the Council, in writing, within 30 days, of any change in his or her address of record. For purposes of this section, "address of record" means an address designated by a licensee, which is part of the public record and which may be disclosed upon request.
"Address of record" may be a licensee's home, business, or mailing address, but shall not be a post office box unless the licensee also provides another address, which includes a street, city, state, and zip code.
(b) Service of an administrative complaint or other process initiated by the Attorney General, the Director or the Council at the address on file with the Council shall be deemed adequate notice for the commencement of an inquiry or disciplinary proceeding.
(c) A licensee shall, within 30 days of receiving a notice of disciplinary action taken against the licensee in another jurisdiction or actions affecting the licensee's privileges taken by any institution, organization, or employer related to the practice of occupational therapy, occupational therapy assisting, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction, report to the Council in writing his or her receipt of such notification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.2 - Notification of change of name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee whose name has been legally changed shall forward to the Council by certified mail, return receipt requested, no later than 30 days following the change of name, the following:
1. Legal evidence of such change; and
2. A copy of the licensee's original license with proof that he or she is the same person to whom the Council issued the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.3 - Unlicensed practice of occupational therapy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following acts or practices shall be deemed to be the unlicensed practice of occupational therapy:
1. Offering or rendering occupational therapy services by any person other than a licensed occupational therapist, a licensed occupational therapy assistant or a person who is exempt from licensure under the Occupational Therapy Licensing Act, pursuant to N.J.S.A. 45:9-37.6 0. Persons exempt from licensure pursuant to N.J.S.A. 45:9-37.6 0(e) shall only engage in the provision of occupational therapy services consistent with the provisions of 13:44K-1.3;
2. The use by any person other than a licensed occupational therapist or a licensed occupational therapy assistant of:
i. Any title or designation which includes the words occupational therapist or occupational therapy assistant which may mislead the public; or
ii. The abbreviations O.T. or O.T.A., or any similar abbreviations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.4 - Aiding and abetting unlicensed practice

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be professional misconduct for a licensee to aid or assist any person engaging in conduct that violates 13:44K-8.3 and shall constitute a deviation from the normal standards of practice required of a licensee, which may subject the licensee to the penalties of 45:1-21.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.6 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council shall send a notice of renewal to each licensed occupational therapist and licensed occupational therapy assistant, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Council, along with the renewal fee set forth in N.J.A.C. 13:44K-11.1, prior to the date of license expiration.
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of occupational therapy, occupational therapy assisting, or hold himself or herself out as eligible to engage in the practice of occupational therapy or occupational therapy assisting in New Jersey until such time as the license is returned to active status.
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:44K-11.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license, as applicable.
(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(f) A licensee who continues to engage in the practice of occupational therapy or occupational therapy assisting with a suspended license shall be deemed to be engaging in the unauthorized practice of occupational therapy or occupational therapy assisting and shall be subject to action consistent with NJ.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.7 - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who holds an inactive license pursuant to NJ.A.C. 13:44K-8.6(c) may apply to the Council for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period the license was inactive, which includes the name, address, and telephone number of each employer; and
3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:44K-11.1.
i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:44K-11.1.
ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:44K-11.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.8 - License reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C 13:44K-8.6(e) may apply to the Council for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone numbers of each employer;
3. The renewal fee for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought; and
5. The reinstatement fee as set forth in N.J.A.C. 13:44K-11.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 8 - GENERAL OBLIGATIONS OF LICENSEES › Section 13:44K-8.9 - Claims submissions forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall submit any claim, bill, or governmental assistance claim to a third-party payor or employer for occupational therapy services rendered to any client that involves dishonesty, fraud, deception, or misrepresentation.
(b) No licensee shall submit to a third-party payor or employer any claim, bill, or governmental assistance claim, which contains any of the following:
1. Any treatment date, which does not accurately reflect the date when the services were actually provided;
2. Any description of an occupational therapy service, which does not accurately reflect the actual service provided;
3. Any statement material to the claim, which is known to be false or misleading; or
4. A charge for any service the amount of which has been advertised as free or complimentary or for an amount that exceeds the advertised charge for discounted services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 9 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44K-9.1 - Display of notice of licensure; duplicate license; notification of availability of fee information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensed occupational therapists and occupational therapy assistants shall show their licenses to clients upon request.
(b) All licensed occupational therapists and occupational therapy assistants shall ensure that the following notices are prominently displayed in a public area in any office or facility at which the licensee practices occupational therapy services:
1. "Occupational therapists and occupational therapy assistants are licensed by the Occupational Therapy Advisory Council, an agency of the Division of Consumer Affairs. Any member of the public may notify the Council of any complaint relative to the practice conducted by an occupational therapist or an occupational therapy assistant. The Council address is: Division of Consumer Affairs, Occupational Therapy Advisory Council, PO Box 45037, 124 Halsey Street, Newark, New Jersey 07101."
2. "INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU UPON REQUEST."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 9 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44K-9.2 - Financial arrangements with clients and third-party payors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for occupational therapy services shall be reasonable and commensurate with the status and experience of the occupational therapist offering like services or treatment in the geographic area and shall be consistent with the provisions of 13:44K-9.4 prohibiting excessive fees.
(b) Prior to the initiation of occupational therapy services, the occupational therapist or his or her designee shall explain to the client in an understandable manner the financial arrangements for the services that will be provided. The information provided to the client shall include the following:
1. The fee for services or the basis for determining the fee to be charged;
2. Whether the licensee will accept installment payments or assignment of benefits from a third party payor;
3. That insurance coverage may not be available in all circumstances; and
4. The financial consequences, if any, of missed sessions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 9 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44K-9.3 - Professional interactions with clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An occupational therapist or occupational therapy assistant shall advise the client or the client's legal guardian, in terms the client or the guardian can understand, of the nature and purpose of the services to be rendered and the limits and obligations associated with such services.
(b) An occupational therapist or occupational therapy assistant shall not provide occupational therapy services while under the influence of alcohol or any mind altering drug that impairs the delivery of services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 9 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44K-9.4 - Prohibition on excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An occupational therapist shall not charge an excessive fee for services. Factors which the Council may consider in determining whether a fee is excessive include the following:
1. The time or effort required to perform the services;
2. The skill required to properly perform the services;
3. The nature and length of the professional relationship with the client;
4. The experience, reputation and ability of the licensee performing the services;
5. The nature and circumstances under which services are provided; and
6. Whether the fee is set by a medical, health, educational or social agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 9 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44K-9.5 - Termination of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed occupational therapist shall terminate services to a client when the client has achieved the predetermined goals established in the plan of care or when such services no longer meet the client's needs or interests.
(b) A licensed occupational therapist who is unable to provide continued professional services to a client shall terminate such services to the client and shall promptly notify the client of the termination only after making reasonable efforts to assist the client in obtaining such services from another licensee qualified to meet the needs or interests of the client.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 10 - CLIENT RECORDS › Section 13:44K-10.2 - Use of computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who prepares a client record maintained solely on a personal or other computer shall use a write-protected program which:
1. Contains an internal permanently activated date and time recordation for all entries;
2. Automatically prepares a back-up copy of the file; and
3. Is designed in such manner that, after the occupational therapist or occupational therapy assistant "signs" by means of a confidential personal code ("CPC"), the entry cannot be changed in any manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 10 - CLIENT RECORDS › Section 13:44K-10.3 - Release of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An occupational therapist shall provide one copy of the client record of the occupational therapy services provided by the licensee within 14 days of a written request by the client, the client's guardian, or any other party designated by the client or the client's guardian.
(b) An occupational therapist may charge a fee for the reproduction of the client record. Such fee shall be no greater than $ 1.00 per page or $ 100.00 for the entire record, whichever is less. If the record request is less than 10 pages, the occupational therapist may charge up to $ 10.00 to cover postage and the miscellaneous costs associated with retrieval of the record.
(c) An occupational therapist may provide a summary of the client record, unless otherwise required by law, provided that the summary adequately reflects the history of the occupational therapy services provided to the client. If a summary is provided, the charge for the summary shall not exceed $ 1.00 per page or $ 100.00, whichever is less. If the summary provided is less than 10 pages, the occupational therapist may charge up to $ 10.00 to cover postage and the miscellaneous costs associated with producing the summary.
(d) An occupational therapist may charge a reasonable fee, consistent with the provisions of 13:44K-9.4, for the completion of reports, other than the summary provided for in (c) above, when a separate request for such reports is made.
(e) When a report is needed to enable a client to receive ongoing care by another practitioner or for use in judicial proceedings, an occupational therapist shall not require advance payment as a condition for releasing the report, except that an occupational therapist may require advance payment for release of a report prepared by the occupational therapist for use by the occupational therapist as an expert witness on behalf of the client.
(f) The provisions of this section shall not apply to an occupational therapist who provides or offers occupational therapy services in connection with a medical, health, educational or social agency when the occupational therapist does not have control over or authority to release client records pursuant to agency policy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 11 - FEES › Section 13:44K-11.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Occupational Therapy Council:
1. Application fee ........................
$100.00
2. Initial license fee-occupational therapist:
i. If paid during the first year of the biennial renewal period............
160.00
ii. If paid during the second year of the biennial renewal period.............
80.00
3. Initial fee-occupational therapy assistant:
i. If paid during the first year of the biennial renewal period............
100.00
ii. If paid during the second year of the biennial renewal period.............
50.00
4. Biennial license renewal-occupational therapist............................
160.00
5. Biennial license renewal-occupational therapy assistant .....................
100.00
6. Temporary license .......................................................
50.00
7. Temporary license renewal ...........................................
50.00
8. Late renewal (up to 30 days after renewal deadline) .....
40.00
9. Reinstatement fee (over 30 days from renewal deadline)...
80.00
10. Duplicate biennial registration fee..........
25.00
11. Duplicate wall certificate..................
40.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 1 - GENERAL PROVISIONS › Section 13:44L-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to implement the provisions of P.L. 2005, c. 244 (45:14G-1 et seq.), the Polysomnography Practice Act.
(b) This chapter shall apply to all applicants who seek to be licensed by the Board to practice polysomnography and all persons who are licensed by the Board and practice as polysomnographic technologists, polysomnographic technicians or polysomnographic trainees in this State.
(c) This chapter does not apply to any other healthcare professional licensed or certified by the State who is performing duties that are consistent with his or her scope of practice and does not represent that he or she is a licensed polysomnographic technologist, licensed polysomnographic technician or a licensed polysomnographic trainee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.1 - Application for a provisional license as a polysomnographic trainee

Current through Register Vol. 56, No. 14, July 15, 2024
(a)An applicant for a provisional license as a polysomnographic trainee shall submit, or arrange to have submitted, to the Board:
1. A completed application on a form provided by the Board;
2. A completed Criminal History Certification of Authorization form;
3. A high school diploma, sent by the high school, or a General Educational Development (GED) certificate;
4. Proof that the applicant has successfully completed the A-STEP Introductory Course;
5. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
6. Proof that the applicant will be directly supervised by a licensed polysomnographic technologist or a licensed physician while acting as a polysomnographic trainee pursuant to 13:44L-5.3; and
7. The application fee set forth in 13:44L-6.1(a)1  and the licensing fee set forth in 13:44L-6.1(a)4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.1A - Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a license as a polysomnographic trainee who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under
13:44L-2.1(a)
may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under
13:44L-2.1(a)
.
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the program required for licensure under
13:44L-2.1(a)
4 and 5. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of polysomnography that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for licensure.