reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 6 - CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 13:44C-6.1 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
No license renewal shall be issued by the Director until the applicant confirms on the renewal application that the applicant has completed continuing education pursuant to 13:44C-6.2 during the preceding biennial renewal period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 6 - CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 13:44C-6.2 - Allocation of credtt

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) below, applicants for biennial license renewal shall complete 20 credit hours of continuing education related to the practice of audiology or speech-language pathology in the preceding biennial renewal period.
(b) Licensees applying for their first biennial renewal are exempt from the continuing education requirements in (a) above.
(c) A licensee may obtain continuing education credit hours from the following sources:
1. Giving a new seminar, webinar, teleconference, lecture, or in-service workshop related to the practice of audiology or speech-language pathology: one credit hour per each hour of actual presentation of the seminar, lecture, or workshop, up to a maximum of 10 credit hours.
i. As used in (c)1 above, "new" means that the licensee has never presented the seminar, lecture, or in-service workshop before in any setting;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 6 - CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 13:44C-6.3 - Documentation of continuing education credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) below, a licensee shall maintain the following documentation for a period of five years after completion of credit hours:
1. For attendance at programs, courses, seminars, webinars, teleconference, lectures, or in-services workshops, a certificate of completion from the sponsor, which includes:
i. The name of the licensee;
ii. The name of the sponsor;
iii. The title, location, and date of the program, course, seminar, lecture, or in-service workshop; and
iv. The number of continuing education credit hours;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 6 - CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 13:44C-6.4 - Excess hours credited to subsequent renewal period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that a candidate for license renewal completes a number of credit hours in excess of the number required in 13:44C-6.2, up to five of those excess credit hours shall be credited toward license renewal requirements for the succeeding biennial renewal period; provided, however, that the excess credit hours were completed within the six months immediately prior to license renewal.
(b) A licensee who wishes to apply excess credit hours to a succeeding biennial renewal period must maintain records indicating that he or she completed more than the required 20 credit hours for the current biennial renewal period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 6 - CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 13:44C-6.5 - Waiver of requirements; additional continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may waive the continuing education requirements of 13:44C-6.1 on an individual basis for reasons of hardship, such as, but not limited to, severe illness, disability, or military service.
1. A licensee seeking a waiver of the continuing education requirements shall apply to the Committee 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 Committee with such supplemental materials as will support the request for waiver and the licensee may be requested to appear before the Committee; and
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 persist(s) into the next biennial period, a licensee shall apply to the Committee for approval of such waiver for the new biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.1 - Scope of practice-audiology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The practice of audiology includes the following functions related to hearing, its disorders, and related communication impairments:
1. Providing screening, identification, assessment, diagnosis, treatment, intervention (that is, prevention, restoration, amelioration, compensation), consultation, counseling, and follow-up services for disorders of the peripheral, vestibular and central auditory systems, and other neural systems;
2. Supervision and conduct of newborn hearing screening programs;
3. Measurement and interpretation of sensory and motor evoked potentials, electronystagmography, and other electrodiagnostic tests for purposes of neurophysiologic intraoperative monitoring and cranial nerve assessment;
4. Provision of hearing care by selecting, evaluating, fitting, facilitating, dispensing and adjusting prosthetic devices for hearing loss (that is, FM assistive listening devices), except for the fitting and dispensing of hearing aids unless licensed by the Hearing Aid Dispensers Examining Committee;
5. Assessment of candidacy of persons with hearing loss for cochlear implants and provision of fitting, programming, and audiological rehabilitation to optimize device use;
6. Provision of audiological rehabilitation including speech-reading, communication management, language development, auditory skill development, and counseling for psychosocial adjustment to hearing loss for persons with hearing loss and their families and caregivers; case management and service as a liaison between the consumer, family, and agencies in order to monitor audiologic status and management and to make recommendations about educational and vocational programming;
7. Consultation with educators as members of interdisciplinary teams about communication management, educational implications of communication disorders, educational programming, classroom acoustics, and large-area amplification systems for children with hearing loss; consultation about accessibility for persons with hearing loss in public and private buildings, programs, and services;
8. Prevention of hearing loss and conservation of hearing function by designing, implementing and coordinating occupational, school, and community hearing conservation and identification programs;
9. Screening of speech-language, use of sign language, and other factors affecting communication function for the purposes of an audiological evaluation and/or initial identification of individuals with other communication disorders;
10. Assessment and nonmedical management of tinnitus using biofeedback, masking, education, and counseling; and
11. Dispensing and fitting of hearing aids.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.1A - Scope of practice-cerumen management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this section is to set forth standards for the performance of cerumen management by a licensed audiologist. Cerumen management is within the scope of practice of an audiologist who meets the requirements of this section.
(b) "Cerumen management," as used in this section, shall mean the removal of wax like secretions from the cartilaginous portion of the external ear in otherwise healthy ears.
(c) A licensed audiologist may perform cerumen management only if he or she:
1. Completed initial education pursuant to 13:44C-3.2, 3.3 or 3.4, which included instruction in the topics required by (d) below; or
2. Has successfully completed a 12-hour seminar or workshop in cerumen management, which qualifies for American Speech-Language Hearing Association (ASHA), American Academy of Audiology (AAA) or Academy of Doctors of Audiology (ADA) continuing education credit and which includes instruction in the topics required by (d) below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.2 - Scope of practice-speech-language pathology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The practice of speech-language pathology includes, but is not restricted to, the following functions:
1. Providing screening, identification, assessment, diagnosis, treatment, intervention (that is, prevention, restoration, amelioration, compensation), consultation, counseling, and follow-up services for disorders of:
i. Speech which includes articulation, fluency, and voice (including respiration, phonation, and resonance);
ii. Language which includes disorders of receptive and expressive communication in oral, written, graphic, and manual modalities;
iii. Oropharyngeal and related functions (that is, dysphagia, orofacial myofunctional disorders);
iv. Cognitive aspects of communication which includes communication disability and other functional disabilities associated with cognitive impairment; and
v. Pragmatic aspects of communication;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.2A - Scope of Practice: Fiber Optic Endoscopic Examination of Swallowing (FEES)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this section is to set forth standards for the performance of Fiber Optic Endoscopic Examination of Swallowing (FEES) by a licensed speech-language pathologist. FEES is within the scope of practice of a speech-language pathologist who meets the requirements of this section.
(b) The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise:
"FEES" means a fiber optic endoscopic examination of swallowing.
(c) FEES shall only be performed by a licensed speech-language pathologist who is certified in Basic Life Support (BLS) and who has:
1. Completed a 12-hour seminar or workshop in fiber optic endoscopy as a technique for investigating swallowing which qualifies for American Speech-Language-Hearing Association (ASHA) continuing education credit and which includes instruction in:
i. Medical contraindications and possible adverse reactions to FEES, including the use of topical anesthesia to the nares; and
ii. Recognizing patient distress and appropriate actions to take if complications are encountered;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.2B - Reporting to Department of Health and Senior Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 8:19-1.10, a licensee who conducts outpatient screening or audiologic testing required by 8:19-1.9 on a child shall complete the New Jersey Department of Health and Senior Services' Newborn Hearing Follow-up Report form, submit the report to the Department of Health and Senior Services and report the results of the testing to the child's primary care provider within 10 days of the test being performed.
(b) Pursuant to 8:19-1.11, when a licensee confirms a permanent hearing loss, he or she shall complete and submit to the New Jersey Department of Health and Senior Services:
1. A Newborn Hearing Follow-up Report form (form number SCH-2), for children up to 36 months old; and
2. A Special Child Health Services Registration form (form number SCH-0), for children up through 21 years of age.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.3 - Business interest of unlicensed persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An unlicensed individual may have a business interest in a corporation, partnership, trust, association or other like organization that provides audiology or speech-language pathology services or both, if the provision of direct clinical services is done by licensed audiologists or speech-language pathologists, as appropriate. Nothing in this section shall be construed to mean that such unlicensed person may provide direct clinical services.
(b) Such unlicensed person shall file a statement with the director on a form approved by the director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 7 - AUTHORIZED PRACTICE › Section 13:44C-7.4 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are exempt from the provisions of this chapter, pursuant to 45:3B-17:
1. Any person currently licensed to practice medicine and surgery by this State, provided such a person is not referred to as an audiologist or speech-language pathologist or other similar title.
2. Persons employed by and under the direct supervision of a physician, provided such person is not referred to as an audiologist or speech-language pathologist or other similar title.
3. Persons employed by a Federal agency when services are performed as part of the person's duties with that agency. However, such person is not exempt under this section for that portion of his or her time spent as a private practitioner or providing services for which a fee may be paid by a recipient of the service.
4. Any person certified as a speech correctionist or its successor title, speech-language specialist, by the State Department of Education. However, such person is not exempt under this section for that portion of his or her time spent as a private practitioner or providing services for which a fee may be paid by a recipient of the service.
5. Students and trainees in audiology or speech-language pathology enrolled in an accredited college or university, provided that their services constitute part of their course of study and on-site supervision by a licensee is provided in the appropriate professional field.
6. Any person who is engaged in an activity for which he or she is licensed to perform in New Jersey, as long as such person does not refer to him-or herself as an audiologist or speech language pathologist.
7. Persons licensed by this State as a hearing aid dispenser pursuant to P.L. 1973, c. 19 (45:9A-1 et seq.) who are engaged in activities and services within the scope of practice of a hearing aid dispenser, provided that such person does not refer to himself or herself as an audiologist or speech-language pathologist.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.1 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall maintain written, contemporaneous patient records, which include:
1. Findings upon initial examination including the patient's significant past history and results of appropriate tests and measures;
2. A written plan of care indicating the goals of the treatment program, the type of treatment, and the frequency and expected duration of treatment for audiology and/or speech-language pathology services;
3. Dated documentation of each treatment rendered, which contains the licensee's full name and license number;
4. Dated and signed progress notes;
5. Documentation of any changes in the treatment program;
6. Documentation of any contact with other health professionals relative to the patient's care;
7. A discharge summary which includes the reason for discharge and the outcome of services rendered; and
8. Any pertinent legal document such as patient release forms or charge access sheets.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.2 - Calibration log

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees shall document that audiometric test equipment is calibrated according to the American National Standard Specification for Audiometers (ANSI S3.6-1996, 1996), available from the Acoustical Society of America, 120 Wall Street, 32nd Floor, New York, New York 10005-3993, which is incorporated herein by reference, as amended and supplemented.
(b) Licensees shall electronically calibrate audiometric test equipment pursuant to (a) above, at least once a year.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.3 - Prohibited fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall not require a patient or a third party payor to pay a separate fee for the preparation of an insurance claim form.
(b) Licensees shall not require a patient or a third party payor to pay interest on an unpaid account unless the patient has been notified of this policy in writing prior to the initiation of audiology or speech-language pathology services.
(c) Licensees shall not require a patient or a third party payor to pay a full or partial fee for unkept appointments unless the patient has been notified of this policy in writing prior to the initiation of audiology or speech-language pathology services.
(d) Licensees shall not require a patient or a third party payor to pay for any evaluation, testing, treatment or other services not documented in a patient chart.
(e) Licensees shall not charge a fee to a patient or a third party payor for audiology or speech-language pathology services which are unwarranted and unnecessary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.4 - Providing fees and posting license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees shall provide a written fee schedule which describes charges for each service offered to any person upon request.
(b) All licensees shall post in a conspicuous place a copy of a licensee's biennial renewal certificate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.5 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall not use any form of public communication regarding professional services, via print, electronic media or in-person solicitation which contains a false, fraudulent, misleading or deceptive statement or claim. A false, fraudulent, misleading or deceptive statement includes any statement or claim which:
1. Contains a misrepresentation of fact;
2. Is likely to mislead or deceive because it fails to make full disclosure of relevant facts;
3. In the case of a testimonial containing an objective, verifiable statement of fact, cannot be verified by the advertiser;
4. Is intended or is likely to create a false or unjustified expectation of favorable results, for example, advertising percentages of success;
5. Implies educational attainments or licensing recognition not supported in fact;
6. States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of audiology or speech-language pathology if this is not the case;
7. Represents that the professional services can or will be competently performed for a stated fee when this is not the case, or makes a representation with respect to fees for professional services that does not disclose all variables affecting the fees that will in fact be charged;
8. Uses techniques of communication which in light of the setting and circumstances appear to intimidate or exert undue influence or undue pressure over a prospective patient;
9. Contains offers of discounts for services without stating the advertiser's usual and customary fee on which the discount will be taken, or the availability of a schedule of the licensee's usual and customary fees, and the period of time during which the offer can be accepted by a prospective patient. If no time limit is specified, such offer shall be deemed to apply for 30 days; or
10. Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to be misled or be deceived.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.6 - Excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall not charge a fee to a patient or a third party payor which is excessive.
(b) Factors which may be considered in determining whether a price is excessive include:
1. The novelty and difficulty of the professional treatment provided;
2. The skill and equipment required to perform the treatment properly;
3. Any requirements or conditions imposed by the patient or by the circumstances;
4. The nature and length of the professional relationship with the patient;
5. The experience, reputation and ability of the licensee performing the services; and
6. The nature and the circumstances under which the services were provided (for example, emergency; home visit).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 8 - STANDARDS FOR PROFESSIONAL CONDUCT › Section 13:44C-8.7 - Professional practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall perform only those functions that are within the scope of their competence considering their level of education, training, and experience.
(b) The following acts or professional practices shall be deemed to be unprofessional conduct:
1. Offering, agreeing to provide or providing any payment or other form of remuneration to any person or entity authorized to direct the initiation of speech-language pathology or audiology services for a referral of any specific patient or any number of patients;
2. Accepting payment or other form of remuneration from any person or entity authorized to direct the initiation of audiology or speech-language pathology services for the referral of any patient;
3. Receiving from any person, firm, partnership or corporation a fee or other form of remuneration for prescribing, recommending, ordering or promotion of the sale of a device, appliance or other item or service, unless such interest is made known in writing to the person for whom the device or appliance is being ordered, prescribed or recommended. Nothing herein shall preclude a licensed speech-language pathologist or audiologist from accepting a product or commodity which can be used as a sample by patients, provided that the speech-language pathologist or audiologist does not charge patients for items so obtained;
4. Knowingly using audiometric test equipment that is not calibrated according to the American National Standard Specification for Audiometers (ANSI S3.6-1996, 1996), available from the Acoustical Society of America, 120 Wall Street, 32nd Floor, New York, New York 10005-3993, which is incorporated herein by reference, as amended and supplemented;
5. Conducting a test in an environment that does not meet nationally recognized standards for maximal permissible background sound from the American National Standard Maximum Permissible Ambient Noise Levels for Audiometric Test Rooms (ANSI S3.1-1991, 1991), available from the Acoustical Society of America, 120 Wall Street, 32nd Floor, New York, New York 10005-3993, which is incorporated herein by reference, as amended and supplemented. If a patient cannot, due to health problems, be moved to a testing environment that meets these standards the licensee shall test the patient within the available environment and the testing conditions shall be documented in the patient's record;
6. Offering to render or rendering treatment or offering to conduct or conducting testing which in light of the patient's history and findings is unwarranted and unnecessary; or
7. Representing oneself as a physician rendering medical opinion or medical services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 9 - UNLICENSED PRACTICE › Section 13:44C-9.1 - Acts amounting to unlicensed practice

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 audiology or speech-language pathology and may warrant the director's initiation of an action in Superior Court for such appropriate injunctive relief as may be authorized by 45:3B-15:
1. Offering of any speech-language pathology or audiology services by any person who does not hold the applicable license as a speech-language pathologist or audiologist or is not exempt from licensure pursuant to 13:44C-7.2;
2. Using the words "speech-language therapy," "speech therapy," "audiology," "speech pathologist," "audiologist" or such similar words or their related abbreviations by any person who does not hold the appropriate license in speech-language pathology or audiology; or
3. Billing any patient or third party payor for "speech-language pathology evaluation" or "speech-language pathology therapy" or "audiologic evaluation" or "audiologic services" or services described by similar words if the individual providing the service does not hold the appropriate license to practice audiology or speech-language pathology or is not a licensed physician.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 9 - UNLICENSED PRACTICE › Section 13:44C-9.2 - Aiding and abetting unlicensed practice

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be unlawful for a licensee to aid or assist any person in engaging in any of the acts identified in 13:44C-9.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 10 - DISCIPLINARY ACTIONS › Section 13:44C-10.1 - Suspension and revocation of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, in consultation with the Committee, may revoke, suspend or refuse to renew the license of any person licensed under the provisions of this chapter or assess a civil penalty or issue a reprimand, upon proof that the licensee:
1. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;
2. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
3. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;
4. Has engaged in repeated acts of negligence, malpractice or incompetence;
5. Has engaged in professional or occupational misconduct as may be determined by the director;
6. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the practice of audiology or speech-language pathology. For the purpose of this subsection, a judgment of conviction or plea of guilty, non vult, nolo contendere or other such disposition of alleged criminal activity shall be deemed a conviction;
7. Has had his authority to engage in the practice of audiology or speech-language pathology revoked or suspended by any other state, agency or authority for reasons consistent with this section;
8. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare;
9. Has violated or failed to comply with any of the provisions of 45:3B-1 et seq. or N.J.A.C. 13:44C;
10. Has violated any provision of P.L. 1983, c.320 (17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L. 1983, c.320 (17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder;
11. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;
12. Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the Board, or aided and abetted an unlicensed person or entity in performing such an act; or
13. Has violated the provisions of 13:44C-8.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 10 - DISCIPLINARY ACTIONS › Section 13:44C-10.2 - Reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
The Director, in consultation with the Advisory Committee, may restore a license after one year from the date of its revocation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.1 - 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 Committee as audiologists and/or speech language pathologists.
(c) Pursuant to N.J.S.A. 45:1-62, an audiologist and/or speech language pathologist must hold a license issued by the Committee if he or she:
1. Is located in New Jersey and provides health care services to any patient located in, or out of, New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.2 - 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 patient to be evaluated without being physically present.
"Committee" means the Audiology and Speech-Language Pathology Advisory Committee.
"Cross-coverage service" means a licensee engages in a remote medical evaluation of a patient, without in-person contact, at the request of another licensee who has established a proper licensee-patient relationship with the patient.
"Distant site" means a site at which a licensee is located while providing health care services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Committee as an audiologist and/or speech language pathologist.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the licensee has temporarily assumed responsibility, as designated by the patient's primary care licensee or other health care provider of record.
"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient 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 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 patient 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 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.3 - 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 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 services through telemedicine or telehealth.
(c) A licensee who determines that services cannot be provided through telemedicine or telehealth, pursuant to (b) above, shall advise the patient to obtain services in-person.
(d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.4 - Licensee-patient 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-patient relationship by:
1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. A licensee may also use a patient's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.5 - Provision of 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 of N.J.A.C. 13:44C-11.4, a licensee may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision of health care services to patients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the patient's originating site and record this information in the patient'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 in (e) below, a video component that allows a licensee to see a patient and the patient to see the licensee during the provision of 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 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.6 - 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 patient. Such records shall comply with the requirements of N.J.A.C. 13:44C-8.1, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a patient's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.7 - 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 patient during the initial intake, pursuant to N.J.A.C. 13:44C-11.4(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 patient profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44C - AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY ADVISORY COMMITTEE › Subchapter 11 - TELEMEDICINE › Section 13:44C-11.8 - Privacy and notice to patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees who communicate with patients 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, as amended and supplemented, relating to privacy of individually identifiable health information.
(b) Written privacy practices required pursuant to (a) above shall include privacy and security measures that assure confidentiality and integrity of patient-identifiable information. Transmissions, including patient email and laboratory results, must be password protected or protected through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of patient information, as defined at 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR 164.
(d) Licensees, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient'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 patients 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 patient 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 patient, the licensee shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person evaluation reasonably able to meet the patient's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.1 - License to engage in the business of public moving and/or storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license to engage in the business of public moving and/or storage shall be issued or remain in effect unless the applicant owns or leases pursuant to a long-term lease at least one moving vehicle.
(b) An applicant for licensure as a public mover and/or warehouseman shall submit to the Director:
1. A fully completed application for licensure accompanied by the required fee;
2. Certificates of insurance evidencing coverage required by 34:15-77 and 78, and certificates of insurance evidencing coverage for the operation of motor vehicle equipment, cargo, storage facilities and property being held in storage, conditioned or providing for the payment of all judgments recovered against a public mover and/or warehouseman in the manner and amounts specified in 13:44D-4.7(e);
3. A fully executed, filed tariff as specified in 13:44D-3.1; and
4. A copy of all vehicle registration(s) issued to the applicant by the New Jersey Motor Vehicle Commission or, in the case of vehicles subject to a long-term lease, a copy of the signed lease agreement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.2 - Change of address, business name, or telephone number

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed public mover and/or warehouseman shall notify the Director in writing of any change of mailing address, permanent place of business address or business name from that currently registered with the Director and shown on the most recently issued license. Such notice shall be given not later than 30 days following the change of mailing address, permanent place of business address or business name.
(b) A licensed public mover and/or warehouseman shall notify the Director in writing of any change of business telephone number from that currently registered with the Director. Such notice shall be given not later than 30 days following the change of telephone number.
(c) In addition to the requirements of (a) and (b) above, all licensees who change their business name and/or permanent place of business shall, within 60 days of the change, update all vehicle signage as required by 13:44D-2.1(h)  and notify the Director in writing that the signage has been changed.
(d) A licensee shall notify the Director within 30 days, in writing, if there is a change in ownership in his or her moving company.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.3 - Designation of agent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No public mover and/or warehouseman shall operate under a license until he or she has designated an agent and provided a street address and municipality upon which service of process, notices, and/or orders may be made pursuant to N.J.S.A. 45:14D-1 et seq.
(b) The designated agent shall be an individual, who is neither the owner, director, or principal of the company and who is a resident of the State of New Jersey.
(c) The Director shall be notified, in writing, within 30 days of a change of designated agent.
(d) Service of process to the designated agent shall be deemed adequate notice for the purposes of 1:1-7.1 and the commencement of any disciplinary proceedings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for initial licenses, renewal licenses and copies of licenses shall be as follows:
1.
Initial license
$ 400.00
2.
Renewal license (one year)
$ 400.00
3.
Copy of license (per copy)
$ 35.00
4.
Late renewal fee (0 to 30 days)
$ 100.00
5.
Reinstatement fee (31 to 60 days)
$ 200.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.5 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All advertising by licensees shall include the licensee's:
1. Full licensed name;
2. License number; and
3. Permanent place of business in New Jersey and a New Jersey telephone number.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.6 - Place of business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall maintain a permanent bona fide place of business in the State of New Jersey wherein:
1. All original business records and forms related to a licensee's business dealings shall be kept; and
2. A representative shall be present and authorized to act on behalf of the licensee and to accept or process necessary documents. The representative shall be present and available for a minimum of 20 hours per week between the hours of 7:00 A.M. to 7:00 P.M.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.7 - Names used to offer moving and/or warehousing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any name used by a licensee to offer moving and/or warehousing services in New Jersey shall not be misleading as to the services that the licensee is authorized to render.
1. A licensee authorized only to provide public moving services shall not use a name that includes the terms "warehouse," "warehousing," "storage," "storing," "depository," "repository," or other language that indicates that warehousing services may be rendered by that licensee.
2. A licensee authorized only to provide warehousing services shall not use a name that includes the terms "mover," "moving," "cargo," "carrier," "shipper," "shipping," "lading" or other language that indicates that the services of a public mover may be rendered by that licensee.