reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:37A-4.2 - Continuing education programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may obtain continuing education credit hours from the following:
1. Successful completion of continuing education courses or programs related to the practice of massage and bodywork therapy, one credit hour for each hour of instruction. Courses and programs shall be approved by, or offered by providers approved by:
i. NCBTMB;
ii. NCCAOM;
iii. The American Massage Therapy Association (AMTA);
iv. The American Organization for Bodywork Therapies of Asia (AOBTA);
v. The Association of Bodywork and Massage Professionals (ABMP);
vi. The American Nurses Credentialing Center (ANCC);
vii. The American Polarity Therapy Association (APTA);
viii. The American Physical Therapy Association (APTA);
ix. FSMTB;
x. The International Association of Structural Integrators (IASI);
xi. The American Medical Association (AMA);
xii. The Ida P. Rolf Research Foundation; or
xiii. A state board of massage, massage and bodywork, physical therapy, or chiropractic;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:37A-4.3 - Continuing education audits; records of continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements.
(b) A licensee shall maintain the following documentation for a period of four years after completion of the credit hours and shall submit such documentation to the Board upon request:
1. For attendance at programs or courses: a certificate of completion from the sponsor;
2. For publication of textbook or article: the published item, including the date of publication;
3. For developing curriculum or teaching a course or program: documentation, including a copy of the curriculum, location, date, and time of course, duration of course by hour, and letter from sponsor confirming that the licensee developed or taught the course or program; and
4. For presenting a lecture or seminar: documentation including the location, date, and duration of the lecture or seminar.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:37A-4.4 - Waiver of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may waive the continuing education requirements of this subchapter on an individual basis for reasons of hardship, such as severe illness, disability, or military service.
1. A licensee seeking a waiver of the continuing education requirements shall apply to the Board in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensee shall provide the Board with supplemental materials that support the request for waiver.
2. A waiver of continuing education requirements granted pursuant to this section shall be effective only for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver continue(s) into the next biennial period, a licensee shall apply to the Board for the renewal of such waiver for the new biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:37A-4.5 - Additional continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may direct or order a licensee to complete continuing education credit hours:
1. As part of a disciplinary or remedial measure in addition to the required 20 hours of continuing education; or
2. To correct a deficiency in the licensee's continuing education requirements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 5 - BUSINESS PRACTICES › Section 13:37A-5.1 - Advertising and solicitation practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may provide information to the public by advertising in print or electronic media pursuant to this section.
(b) The following words and terms, when used in this subchapter shall have the following meanings:
"Advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media that directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services from a licensee.
"Electronic media" means radio, telephone, television, and internet.
"Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, business cards, matchbook covers, and other similar items, documents, or comparable publications.
(c) A licensee who engages in the use of advertising that contains any of the following shall be deemed to be engaged in professional misconduct:
1. Any statement, claim, or format which is false, fraudulent, misleading, or deceptive;
2. Any promotion of a professional service for which:
i. The licensee has not received education or training to perform; or
ii. The licensee claims to have developed, unless the licensee developed such service and it is taught, or has been taught, in a course offered by a provider approved by the NCBTMB, NCCAOM, American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), FSMTB, American Nurse Credentialing Center (ANCC), American Organization for Bodywork Therapies of Asia (AOBTA), American Polarity Therapy Association (APTA), American Physical Therapy Association (APTA), American Medical Association (AMA), International Association of Structural Integrators (IASI), Ida P. Rolf Research Foundation, a state board of massage, a state board of massage and bodywork, a state board of physical therapy, or a state board of chiropractic;
3. The communication of any fact, data, or information that may personally identify a client without that client's signed written permission obtained in advance; or
4. Any offer to provide services that would qualify as sexual misconduct pursuant to N.J.A.C. 13:37A-3.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 5 - BUSINESS PRACTICES › Section 13:37A-5.2 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a)Licensees shall make contemporaneous, permanent entries into client records that shall accurately reflect the massage and bodywork services rendered. Client records shall be maintained in a safe and secure location for a period of seven years from the date of the most recent entry. The client record shall contain, at a minimum:
1. Intake record;
2. The dates of each service;
3. Reasons for visits, including a physician's prescription, if there is one;
4. The name of the licensee who provided services if there is more than one licensee practicing at the office;
5. Modalities used and areas of focus on the body; and
6. Any referral to another healthcare professional.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 5 - BUSINESS PRACTICES › Section 13:37A-5.3 - Client access to records; confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall provide access to client records to a client or an authorized representative in accordance with the following:
1. No later than 30 days from receipt of a written request from a client or an authorized representative, the licensee shall provide a copy of the client record, and/or billing records as may be requested;
2. The licensee may charge a fee for the reproduction of records, which shall be no greater than $ 1.00 per page or $ 100.00 for the entire record, whichever is less; and
3. If the client or a subsequent treating health care professional is unable to read the client record, because it is illegible, the licensee, upon request, shall provide a typed transcription of the record. If the record is in a language other than English, the licensee shall also provide a translation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 5 - BUSINESS PRACTICES › Section 13:37A-5.4 - Use of computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who prepares a patient record maintained solely on a computer shall use a write-protected program that:
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 a manner that, after the licensee "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 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 6 - BUSINESS REGISTRATION › Section 13:37A-6.1 - Registration of employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 45:11-76, an individual or entity that employs another person to engage in, or an individual or entity that employs another and advertises or holds itself out as providing, massage and bodywork therapies shall register with the Board.
(b) An individual or entity that employs another person to engage in, or an individual or entity that employs another person and advertises or holds itself out as providing, massage and bodywork services shall not be required to register with the Board if the individual or entity is:
1. A school approved by the New Jersey Department of Education, the New Jersey Department of Labor and Workforce Development, or the New Jersey Commission on Higher Education; or
2. A health care institution licensed by the New Jersey Department of Health and Senior Services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 6 - BUSINESS REGISTRATION › Section 13:37A-6.2 - Suspension or revocation of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall either suspend or revoke the registration of an entity that has:
1. Submitted false or misleading information in its application submitted pursuant to 13:37A-6.1(c) or (d); or
2. Failed to demonstrate that every employee who is engaged in providing massage and bodywork therapy services is licensed to practice by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 6 - BUSINESS REGISTRATION › Section 13:37A-6.3 - Duty to report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registration holder shall provide notice to the Board in writing, on such forms as the Board may require and within 10 days, of any changes, additions, or deletions pertaining to the following information last provided by the registration holder on the biennial renewal form or initial application:
1. The name and address of the business locations;
2. The owner/responsible party of the registration holder; and
3. Pending or final actions by criminal authorities for violations of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense pursuant to the laws of the United States, this State, or any other state, including, but not limited to, being indicted or convicted of a crime involving moral turpitude or a crime adversely relating to his or her practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 7 - FEE SCHEDULES › Section 13:37A-7.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board:
1. Application fee ............................. $ 75.00
2. Initial license fee
i. If paid during the first year of
a biennial renewal period ............................. $ 120.00
ii. If paid during the second year of
a biennial renewal period ............................. $ 60.00
3. Renewal of license ............................. $ 120.000
4. Late license renewal ............................. $ 50.00
Plus the applicable biennial license renewal fee set forth in (a)(3) above
5. Reinstatement fee ............................. $ 100.00
Plus the applicable biennial license renewal fee set forth in (a)(3) above
6. Duplicate license ............................. $ 35.00
7. Inactive license fee ............................. $ 60.00
8. Verification of license for endorsement ..................... $ 30.00
9. Written verification of license ............................. $ 25.00
10. Employer registration ............................. $ 150.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 1 - ADVERTISEMENTS AND SOLICITATION › Section 13:38-1.1 - Optometrist presumed responsible for advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
Every registered optometrist whose name appears or is mentioned in any advertisement of any kind or character shall be presumed to have caused, permitted, and approved the advertising and shall be personally responsible for its material content and character.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 1 - ADVERTISEMENTS AND SOLICITATION › Section 13:38-1.4 - Optometric practice under assumed names and disclosure of practitioner names

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as may be authorized by the Professional Service Corporation Act, 14A:17-1 et seq., a licensed optometrist shall not practice under a name other than his or her own.
(b) A licensed optometrist who is also an officer of a professional service corporation which renders optometric service or sells ophthalmic materials shall:
1. Disclose conspicuously the name of at least one corporate officer who is licensed to practice optometry within this State in all advertising of the corporation; and
2. Display the names of all optometrists conspicuously at the entrance where the optometric services are rendered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.1 - Minimum examination; record of conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to prescribing eyeglasses or contact lenses for a patient, the licensee shall perform the following procedures and shall duly record the findings:
1. Complete history;
2. Entrance visual acuity findings;
3. Complete examination of the external eye and adnexae;
4. Complete examination of the internal parts of the eye;
5. Corneal measurements taken at the time of the original examination and as subsequently needed in the professional judgment of the optometrist;
6. Objective refractive findings;
7. Subjective refractive findings and acuities;
8. Evaluation of ocular motility and status of binocularity;
9. Color vision testing at the time of the original examination and as subsequently needed in the professional judgment of the optometrist;
10. Visual fields screening on all patients unless contraindicated in the professional judgment of the optometrist or by lack of the patient's cooperation;
11. Tonometry on all patients unless contraindicated in the professional judgment of the optometrist or by lack of the patient's cooperation; and
12. Complete examination of the anterior segment of the eye using a biomicroscope (slit-lamp) or other equipment with equivalent technological capabilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.2 - Minimum equipment and instrumentation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the proper performance of a minimum examination as required by 13:38-2.1, the following equipment and instrumentation shall be maintained in an optometrist's office:
1. Ophthalmoscope;
2. Instrument for the objective measurement of the refractive status of the eye;
3. Instrument to measure the radius of the curvature of the cornea;
4. Instrument, including but not limited to, trial frame with test lenses and auxiliary prisms, for the measurement of the subjective refractive status of the eye;
5. Instruments to test for stereopsis and fusion;
6. Instruments or charts to measure distance and near visual acuities;
7. Instruments to test color vision;
8. Equipment to measure central and peripheral visual fields;
9. Instruments to measure intraocular pressure;
10. Biomicroscope (slit-lamp), or other equipment with equivalent technological capabilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.3 - Records of examinations and prescriptions; computerized records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall prepare and maintain contemporaneous, legible, permanent professional treatment and billing records made to patients or third-party carriers for professional services. All treatment records, bills and claim forms shall accurately reflect the treatment of services rendered. Treatment and billing records shall be maintained for a period of not less than seven years from the date of the most recent entry.
(b) To the extent applicable, professional treatment records shall contain, in addition those findings required by the minimum examination as set forth in 13:38-2.1:
1. The dates of all patient visits, examinations, and treatments;
2. The patient complaint or reason for visit;
3. The patient history;
4. The findings of the examination;
5. Progress notes;
6. Any orders for tests or consultations and the results thereof;
7. Diagnosis or impression;
8. Complete eyeglass, contact lens, or pharmaceutical prescriptions;
9. The treatment or plan initiated, including specific dosages, quantities and strengths of medications, including the number of refills, if prescribed, administered or dispensed, and recommended follow-up;
10. The identity of the optometrist providing treatment and the name of the person dispensing eyeglasses, contact lenses, or issuing pharmaceutical prescriptions to the patient;
11. Documentation when, in the reasonable exercise of the optometrist's judgment, the communication of examination results is necessary and action needs to be taken but reasonable efforts made by the optometrist responsible for communication have been unsuccessful; and
12. Documentation concerning the decision and justification when, after the required evaluation of a patient for the specifically advertised brand and type of contact lens which attracted or induced the patient to seek such goods, the patient is fitted with another brand or type of contact lens.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.4 - Requirements for issuing prescriptions and dispensing of medications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written prescriptions shall be issued only on New Jersey Prescription Blanks (NJPB).
1. All prescription blanks shall be numbered consecutively and shall be printed on non-reproducible, non-erasable safety paper bearing the optometrist's license number and National Provider Identifier Number, if applicable;
2. All prescription blanks shall be secured from a vendor approved by the Division of Consumer Affairs in the Department of Law and Public Safety;
3. A record shall be maintained of the receipt of New Jersey Prescription Blanks; and
4. The Office of Drug Control in the Division of Consumer Affairs shall be notified as soon as possible but no later than 72 hours from the time that the optometrist becomes aware that a New Jersey Prescription Blank has been altered, lost, or stolen from the optometrist's possession.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.5 - Limitations on prescribing, dispensing, or administering controlled dangerous substances; special requirements for management of acute and chronic pain

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
"Acute pain" means the pain, whether resulting from disease, accidental or intentional trauma, or other cause, that the licensee reasonably expects to last only a short period of time. "Acute pain" does not include chronic pain, pain being treated as part of cancer care, hospice or other end of life care, or pain being treated as part of palliative care.
"Chronic pain" means pain that persists or recurs for more than three months.
"Initial prescription" means a prescription issued to a patient who:
1. Has never previously been issued a prescription for the drug or its pharmaceutical equivalent; or
2. Was previously issued a prescription for, or used or was administered, the drug or its pharmaceutical equivalent, and the date on which the current prescription is being issued is more than one year after the date the patient last used or was administered the drug or its equivalent. When determining whether a patient was previously issued a prescription for, or used or was administered, a drug or its pharmaceutical equivalent, the licensee shall consult with the patient, review prescription monitoring information, and, to the extent it is available to the licensee, review the patient's medical record.
"Licensee" means a licensed optometrist who is currently authorized to prescribe drugs in the course of professional practice, acting within the scope of practice of his or her professional license.
"Opioid antidote" means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote" includes, but is not limited to, naloxone hydrochloride, in any dosage amount, which is administered through nasal spray or any other FDA-approved means or methods.
"Palliative care" means care provided to an individual suffering from an incurable progressive illness that is expected to end in death, which is designed to decrease the severity of pain, suffering, and other distressing symptoms, and the expected outcome of which is to enable the individual to experience an improved quality of life.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.8 - Optometrists availability

Current through Register Vol. 56, No. 14, July 15, 2024
The examining optometrist shall assure that every patient has access to the optometrist or to a suitable covering doctor in an emergency, during a doctor's vacation time or during hours when the office is not open.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.10 - Minimum standards and tolerances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every pair of lenses, spectacles or eyeglasses provided to a patient shall conform to the following minimum standards and tolerances:
Physical Quality and Appearance
Tolerance
1.Surface imperfections
No pits, scratches (other than hairline), grayness or watermarks shall be acceptable.
2.Glass defects
No bubbles, striae and inclusions shall be acceptable.
3.Localized power errors
Waves found by visual inspection shall be passable if no deterioration in image quality is found when the localized area is examined with a standard lens measuring instrument.
4.Refractive powers
0.0 to 6.00 + or - 0.12. 6.25 to 12.00 2 per cent of power. Above 12.00 + or - 0.25. Maximum cylinder power variation + or - 0.12.
5.Refractive power addition
+ or - 0.12.0.
6.Cylinder Axis
0.12 or 0.37 + or - 3 degrees. 0.50 to 1.00 + or - 2 degrees. 1.12 on up + or - 1 degree.
7.Prism power and location of specified optical center
Vertical + or - 0.25 prism for each lens or a total of 1/3 prism imbalance. Horizontal + or - 0.25 prism for each lens or a total of 0.50 prism diopter imbalance; if prism exceeds .50 prism diopter, the optical centers must be within 2 mm. If prism is less than 0.50 prism diopter, the optical centers must be within 4 mm.
8.Segment size
+ or - 0.5 mm. Pair must be symmetrical upon visual inspection.
9.Segment location
As specified within + or - 0.5 mm.
10.Lens size:
i.Rimless
+ or - 0.5 mm;
ii.Bevel, for plastic frames
+ or - 0.5 mm;
iii.Bevel, for metal frames
To fit standard specified frames.
Lens shape must match. Edges must be smooth and straight and sharp edge must be removed.
11.Heat-treated and chemically-treated industrial safety eyewear
Tolerance for power, size and the like shall be as above, except that minimum thickness edge or center shall meet the requirements of American Standard Z80.1-1972 and subsequent revisions.
12.Heat-treated and chemically treated dress eyewear
Tolerance for power, size and the like shall be as above, except that minimum thickness edge or center shall meet the requirements of American Standard Z80.1-1972 and subsequent revisions.
13.Frame selection and fit
Frame shall be selected for the requirements of the prescription and facial contour. Bridge size should fit the nose within 2 mm of its width with flair, and temple length must fit within 5 mm.
(b) When eyeglasses are provided to the patient, the following information shall be recorded in the patient's record:
1. Eye size, bridge size, temple length, frame manufacturer and style, patient pupillary distance, and, if applicable, multi-focal type, segment height and base curve.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.11 - Delegation of duties to ancillary personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the following words have the following meanings unless the context indicates otherwise:
1. "Ancillary personnel" means any natural person other than a licensed physician, optometrist, or ophthalmic dispenser or technician who is an employee of a New Jersey licensed optometrist and who performs patient care.
2. "Direct supervision" means the continuous physical presence of the optometrist who is in a supervisory status at the office location and who is available on-site for consultation, guidance, and instruction during the performance of any delegable procedures by ancillary personnel.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.12 - Preceptorship program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A New Jersey optometrist, with an active license and therapeutic certification, may act as a preceptor to supervise a fourth-year student of an accredited college of optometry in that optometrist's office under the conditions in this section.
1. The clinical training, when performed in the preceptor's office shall be classified as a preceptorship program.
2. The college of optometry shall submit to the New Jersey State Board of Optometrists a detailed description of its preceptorship program, indicating procedures for monitoring such programs, procedures for selection of preceptors, the number of weeks during which such programs will be in effect, and other pertinent information for the Board's approval.
3. The college of optometry shall provide the Board with the name and address of the preceptor under whose supervision the student shall work, the name and address of the student, and the dates of preceptorship.
4. The college of optometry shall select the preceptors and shall submit those names to the New Jersey State Board of Optometrists. Such preceptor shall have been engaged in the practice of optometry in the State of New Jersey for at least five years immediately preceding the application. The Board shall issue a Certificate of Preceptorship which shall be valid no longer than one year from the date of issuance and which shall be displayed conspicuously on the office premises of the preceptor. The preceptor shall inform his or her patients of the student's status prior to the submission of the patient to examination by the student.
5. All tests referred to in 13:38-2.1 may be performed by the student; provided however that during the performance of any such tests, the preceptor shall be on the premises and immediately available for supervision at all times. All student evaluations of the patient shall be reviewed by the preceptor prior to final determination of the case and before the patient leaves the premises. A preceptor shall at all times be responsible for the effective supervision and direction of the student.
6. The preceptor shall not supervise more than one student and supervision shall not be delegated without the approval of the college of optometry.
7. Under no circumstances shall the student be paid for the preceptorship experience.
8. Failure of the student or preceptor to follow the provisions of this section shall constitute a violation of 45:1-14 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.13 - Independent doctor of optometry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of 45:12-9.1 2 and this chapter, in order to perform as an independent doctor of optometry, a licensee shall:
1. Take no instruction from an ophthalmic dispenser with regard to any aspect of optometric practice and retain authority to exercise professional judgment within accepted standards of professional care with regard to skill, diligence in examinations, allocation of time for professional services, and diagnosis and treatment of patients;
2. Take no instruction from a landlord with regard to any aspect of optometric practice and lease space on the basis of a written lease and only where rent is a fixed fee determined by the fair market value, is for a regular term and not for sporadic use of the space, is not contingent upon the number of patients, or the number or type of optometric services;
3. Maintain a separate telephone number;
4. Enter into a written agreement providing that the optometrist shall furnish and be responsible for all advertising for optometric services, materials and fees by that optometrist. Any optometrist advertisement for optometric services, materials and fees by that optometrist which appears near or next to the advertisement of any other entity shall be clearly delineated and set apart by bold lines or a box;
5. Employ, supervise, pay and maintain responsibility for training assistants and employees. If any personnel services are included as part of a rental agreement, such as a receptionist's services, the terms shall be included in the written lease;
6. Furnish his or her own equipment, instruments, and materials; or if these are leased, it shall be for fair market value and the terms shall be included in a written lease;
7. Establish all patient fees for ophthalmic materials and services;
8. Maintain his or her own patient treatment and billing records, separate and apart from any ophthalmic dispenser records, and be responsible for the confidentiality and security of all patient treatment and billing records, whether electronic or hard copy;
9. Establish hours of availability of optometric services and retain responsibility for suitable coverage in an emergency, during vacation, or during hours when the office is closed;
10. Display registration certificate(s) and signs so as to be read on the outside of the office as required by 45:12-8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 2 - GENERAL RULES OF OPTOMETRIC PRACTICE › Section 13:38-2.15 - Excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey State Board of Optometrists shall review information and complaints concerning allegations of excessive fees charged by licensees of the Board. This section is not intended to impinge upon the strong public policy in favor of competitive, free enterprise economy embodied in the antitrust laws of the United States and the State of New Jersey. The Board shall consider comparable fees charged by licensees not under inquiry that are in a similar type, mode and setting of practice, a similar geographic and economic area, and similar years in practice to the minimum extent necessary to render a determination as to whether a fee is excessive.
(b) A licensee of the New Jersey State Board of Optometrist shall not charge an excessive fee for services. A fee is excessive when, after a review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the fee is so high as to be manifestly unconscionable or overreaching under the circumstances.
(c) Factors which may be considered in determining whether a fee is excessive include, but are not limited to, the following:
1. The time and effort required;
2. The novelty and difficulty of the procedure or treatment;
3. The skill required to perform and interpret the procedure or treatment properly;
4. Any requirements or conditions imposed by the patient or by the circumstances;
5. The nature and length of the professional relationship with the patient;
6. The experience, reputation and ability of the licensee performing the services; and
7. The nature and circumstances under which services are provided.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.1 - Change of name

Current through Register Vol. 56, No. 14, July 15, 2024
The Board shall issue a new registration certificate to any licensee whose name has been legally changed upon receipt of evidence of the legal name change, the return of the original certificate, together with a fee as set forth in 13:38-5.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.2 - Renewal of registration certificates

Current through Register Vol. 56, No. 14, July 15, 2024
All registration certificates shall be renewed on or before April 30 of the odd numbered years, subject to the provisions of 45:12-9.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.3 - Military service

Current through Register Vol. 56, No. 14, July 15, 2024
Any licensee of the Board who is engaged in full-time active duty in the military service of this country shall not be required to pay the renewal fees for any year during which he or she is in full-time service.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.5 - Requirements for application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant seeking licensure shall satisfy the character and education requirements set forth in 45:12-1 et seq.
(b) An applicant seeking licensure shall submit the following to the Board:
1. A completed application form supplied by the Board that requires the applicant to provide identifying information;
2. A non-refundable application fee as set forth in 13:38-5.1;
3. An official transcript(s) indicating that the applicant has satisfied the educational requirements as set forth in 45:12-1 et seq.;
4. Verification of the test scores from the National Board of Examiners in Optometry indicating that the applicant successfully passed parts I and II of the written examination conducted by the National Board of Examiners in Optometry; and
5. Verification of test scores from the North East Region Clinical Optometric Assessment Testing Services (NERCOATS) or the National Board of Examiners in Optometry indicating that the applicant successfully passed an optometric clinical skills assessment test administered by NERCOATS or the Part III Patient Care portion of the National Board of Examiners in Optometry test.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.7 - Suspended or revoked licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No optometrist shall accept employment or association with, nor shall continue in the employment of or association with, any optometrist whose license to practice optometry has been suspended or revoked during the period of the suspension or revocation.
(b) It shall be the duty and responsibility of any optometrist, before employing, engaging the services of, or accepting as an associate, another optometrist, to ascertain that the optometrist possesses an active registration renewal certificate or an active branch office certificate for the address at which the employee or associate will practice optometry.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.8 - Branch offices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A branch office certificate issued for one address is transferable to a different address. A licensee desiring to transfer a branch office address shall file a change of address form together with the fee as set forth in 13:38-5.1 and shall return the branch office certificate previously issued.
(b) A licensee desiring an additional branch office certificate shall file an application for a new branch office certificate and submit the fee as set forth in 13:38-5.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.9 - Termination of the optometrist-patient relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
"Emergency care or service" means the provision of optometric services to an individual in such circumstances where timely care is necessary to prevent potential vision loss or would cause the patient undue hardship.
"Optometrist" means any person licensed by the New Jersey State Board of Optometrists.
"Optometrist-patient relationship" means an association between an optometrist and patient in which the optometrist owes a continuing duty to the patient to be available to provide optometric services consistent with his or her training, experience and scope of practice.
"Patient" means any individual who is the recipient of optometric services for purposes of diagnosis, treatment or consultation relating to treatment.
(b) The optometrist-patient relationship shall be deemed to exist where the optometrist has provided services within the scope of his or her license within one calendar year preceding the date on which care is to be terminated. In addition, the optometrist-patient relationship shall also be deemed to exist in those circumstances in which the patient has indicated to the optometrist that he or she anticipates that the optometrist will continue to provide professional services.
(c) In order to terminate an optometrist-patient relationship, the optometrist shall:
1. Notify the patient that he or she wishes to terminate the optometrist-patient relationship and will no longer be providing care. The notification shall be in writing, by certified mail, return receipt requested, to the patient's last known address and made no less than 30 days prior to the date on which care is to be terminated;
2. Provide all necessary emergency care or services, which shall include the provision of necessary prescriptions, until the date on which the optometrist-patient relationship is terminated. The provision of such emergency care or services shall not be deemed to manifest any intention to reestablish the optometrist-patient relationship; and
3. Comply with all requirements set forth in 13:38-6.1 for access to and transfer of the patient records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 3 - GENERAL PROVISION › Section 13:38-3.10 - Renewal; reinstatement; inactive/active status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licenses to practice optometry issued by the Board shall be issued for a two-year biennial licensure period. Except as provided in 13:38-3.3, a licensee who seeks renewal of the license shall submit a renewal application and the renewal fee set forth in 13:38-5.1 prior to the expiration date of the license.
(b) 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 13:38-5.1.
(c) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license shall be deemed to be engaged in unlicensed practice.
(d) A licensee whose license has been automatically suspended for up to five years for nonpayment of a biennial renewal fee pursuant to (c) above may be reinstated by the Board upon completion of the following:
1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to 13:38-5.1;
2. Completion of the continuing education credits required for each biennial registration period for which the licensee was suspended; and
3. Submission of an affidavit of employment listing each job held during the period of suspended license which includes the names, addresses, and telephone numbers of each employer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 4 - THERAPEUTIC PHARMACEUTICAL AGENTS (TPA) CERTIFICATION › Section 13:38-4.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of this subchapter implement the provisions of the Consumer Access to Eye Care Act of 1991, 45:12-9.8 through 9.13.
(b) This subchapter shall apply to a licensed optometrist utilizing therapeutic pharmaceutical agents, as defined and limited in 45:12-9.8 through 9.13.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 4 - THERAPEUTIC PHARMACEUTICAL AGENTS (TPA) CERTIFICATION › Section 13:38-4.2 - Application for therapeutic pharmaceutical agents (TPA) certification; general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An optometrist licensed in this State who wishes to use therapeutic pharmaceutical agents for treatment purposes as permitted by 45:12-9.8 through 9.13 shall be certified by the Board prior to prescribing or dispensing such agents.
(b) Any applicant applying for initial TPA certification on or after December 18, 2006 shall submit the following to the Board:
1. A completed TPA application form supplied by the Board that requires the applicant to provide identifying information;
2. A non-refundable application fee as set forth in 13:38-5.1;
3. Verification that the applicant has successfully completed the educational requirements set forth in 13:38-4.3(a) and (b). The applicant shall obtain the required verification from the school where the applicant completed the educational requirements; and
4. Verification of test scores that the applicant has successfully passed the examination requirements as set forth in 13:38-4.3 and 4.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 4 - THERAPEUTIC PHARMACEUTICAL AGENTS (TPA) CERTIFICATION › Section 13:38-4.3 - Educational requirements for TPA certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant seeking TPA certification shall be required to successfully complete all educational requirements in ocular pharmacology at a school duly accredited by the United States Department of Education and the Council on Postsecondary Accreditation. This education shall be no less than that required of currently enrolled students as part of their requirements for graduation from that school. If an applicant attends a school other than a college of optometry, the education necessary to satisfy the ocular pharmacology educational requirement shall be substantially equivalent to that of a college of optometry.
(b) Each applicant seeking TPA certification shall be required to successfully complete credentialing courses consisting of the following:
1. All educational requirements as outlined in (a) above; and
2. A minimum of 30 hours distributed amongst the following credentialing course(s), with successful completion of an examination covering the following topics:
i. General pharmacology of appropriate agents;
ii. Pharmacokinetics, which includes drug absorption, distribution, metabolism, and elimination;
iii. Special populations including pediatrics and geriatrics;
iv. Prescription writing and appropriate dosages;
v. Appropriate and ethical uses of off-label medications;
vi. Safety issues, adverse drug reactions and interactions; recognition of systemic side-effects; awareness of medication errors (look-alike, sound-alike names), inappropriate use of medical abbreviations, proper notification of FDA MedWatch, and prevention of errors;
vii. Addiction recognition of patient, self and impaired practitioner;
viii. Recordkeeping; and
ix. CPR.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 4 - THERAPEUTIC PHARMACEUTICAL AGENTS (TPA) CERTIFICATION › Section 13:38-4.4 - Examination requirements for TPA certification

Current through Register Vol. 56, No. 14, July 15, 2024
Each applicant for TPA certification shall be required to successfully pass the Treatment and Management of Ocular Disease Examination, or any successive examination, administered by the National Board of Examiners in Optometry, prior to certification by the New Jersey State Board of Optometrists.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 38 - NEW JERSEY STATE BOARD OF OPTOMETRISTS › Subchapter 4 - THERAPEUTIC PHARMACEUTICAL AGENTS (TPA) CERTIFICATION › Section 13:38-4.5 - Biennial TPA certification renewal

Current through Register Vol. 56, No. 14, July 15, 2024
An application for certification renewal shall be submitted to the Board every biennial period. The applicant shall certify in the renewal application that he or she has completed the continuing education requirements as outlined in 13:38-7.3.