reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.20 - License renewal; continuing education requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license renewal shall be issued by the Director unless the applicant confirms on his or her renewal application to the Hearing Aid Dispensers Examining Committee that during the two calendar years preceding application for renewal he or she participated in courses of continuing education of the type and number of credits specified in this section. Such continuing education is a mandatory requirement for license renewal. Licensees shall be solely responsible for obtaining and maintaining documentation on his or her completion of the required continuing education courses during the registration period. Such documentation shall be submitted to the Committee upon request, and will be surveyed on a random basis. The provisions of this subsection shall not apply to licensees renewing their licenses for the first time.
(b) Evidence of 20 documented course hours of continuing education, of which no more than 10 may be completed online, shall be required of each applicant as a condition of biennial license renewal.
(c) The number of creditable course hours and course contents must be accepted and approved by the International Institute for Hearing Instruments Studies (IIHIS). A licensee who completes a three or more credit course in hearing aid dispensing at an accredited college or university shall upon the approval of the Committee receive credit for 10 continuing education course hours.
(d) Acceptable continuing education courses shall be in any area which will update and refresh the clinical skills or knowledge of a hearing aid dispenser. Notwithstanding that the continuing education course meets the requirements, the Committee at its discretion may at any time examine and review any course claimed for credit. If, in the opinion of the Committee, such course does not clearly meet the requirements of this section, the course shall be disallowed for credit toward the required 20 continuing education credits.
(e) In the event that a candidate for license renewal shall complete in two years a number of hours in excess of the number of hours required by this section, the documented hours in excess of those required shall not be credited toward license renewal for subsequent years.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.21 - Telemedicine: purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of N.JA.C. 13:35-8.21 through 8.28 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)N.J.A.C. 13:35-8.21 through 8.28 shall apply to all persons who are licensed by the Committee to fit and dispense hearing aids.
(c) Pursuant to N.J.S.A. 45:1-62, a hearing aid dispenser 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.22 - Telemedicine: definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in N.J.A.C. 13:35-8.21 through 8.28, 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 Hearing Aid Dispensers Examining Committee.
"Cross-coverage" means a licensee who 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 a person who has been duly issued a license to fit and dispense hearing aids in accordance with N.J.S.A. 45:9A-1et seq., and this subchapter.
"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 provider 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 -61 et 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.23 - Telemedicine: 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.24 - Telemedicine: 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.25 - Telemedicine: 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. 13:35-8.24, 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.26 - Telemedicine: 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. 13:35-8.16, and all other applicable State and Federal statutes and regulations for recordkeeping, confidentiality, and disclosure of a patient's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.27 - Telemedicine: 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. 13:35-8.24(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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.28 - Telemedicine: 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 by (a) above shall include privacy and security measures that assure confidentiality and integrity of patient -identifiable information. Transmissions, including patient email, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply with 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of this subchapter are established pursuant to 45:2C-1 et seq. ("The Acupuncture Act") and set forth requirements for the practice of acupuncture in the State of New Jersey.
(b) The rules of this subchapter shall apply to all persons licensed as acupuncturists by the State of New Jersey, applicants for such licensure, guest acupuncturists granted temporary permission by the Board to perform acupuncture pursuant to 13:35-9.13, students participating in an approved course of study or school in acupuncture, and persons licensed in New Jersey as physicians or dentists who practice acupuncture, provided that their courses of training have included acupuncture.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.3 - Credentials required for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of application, an applicant shall submit to the Board:
1. A completed application form;
2. Legal proof of having attained the age of 21, evidenced by a document issued by a governmental agency;
3. Proof that the person has passed the English version of each of the following modules of the NCCAOM examination:
i. Foundations of Oriental Medicine;
ii. Acupuncture;
iii. Point Location; and
iv. Biomedicine;
4. If an applicant's entire education (high school, college or university and acupuncture program) was conducted in a language other than English, proof that the applicant has achieved a passing score on the Test of English as a Foreign Language (TOEFL) examination; and
5. Proof that the applicant has completed the education requirements of N.J.A.C. 13:35-9.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.4 - Education required for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to qualify for licensure, an applicant shall meet one of the following education requirements:
1. Obtain a baccalaureate degree from a school within the United States and graduate from an acupuncture program, which meets the requirements of (e) below; or
2. Obtain the equivalent of a baccalaureate degree from a school in another country and complete either:
i. An acupuncture program, which meets the requirements of (e) below in the United States; or
ii. An acupuncture program that is part of the baccalaureate degree program or its equivalent in another country.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.5 - New Jersey acupuncture safety and jurisprudence examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall pass the acupuncture safety and jurisprudence examination in English administered by the Board.
(b) An applicant shall complete all of the requirements set forth in 13:35-9.3 before he or she may take the Board administered acupuncture safety and jurisprudence examination.
(c) An applicant who has passed the acupuncture safety and jurisprudence examination shall become licensed within six months of passing the examination. If an applicant fails to become licensed within the six months, he or she shall be required to retake and pass the examination before being issued a license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.7 - Prohibited titles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An acupuncturist shall not represent that he or she has a doctoral degree in the field of acupuncture and/or oriental medicine, or use the title "doctor" of "Dr.," unless the educational program that awarded his or her degree is:
1. Approved by the Accreditation Commission of Acupuncture and Oriental Medicine (ACAOM) or is a college or university that is accredited by an regional accrediting agency recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education; or
2. Approved by the ministry of education of a foreign country to grant doctoral degrees.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.8 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall charge the following fees:
Data in image
(b) The application fee is non-refundable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.9 - Biennial license renewal; license suspension; reinstatement of suspended license; inactive status; return from inactive status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licenses to practice acupuncture issued by the Board shall be issued for a two-year biennial licensure period. A licensee who seeks renewal of the license shall submit a renewal application and the renewal fee set forth in 13:35-9.8 prior to the expiration date of the license.
(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew.
(c) 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 13:35-9.8. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be engaged in unauthorized practice.
(d) 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 unauthorized practice.
(e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (d) 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 13:35-9.8;
2. Completion of the continuing education units required for each biennial registration period for which the license was suspended; and
3. Submission of an affidavit of employment listing each job held during the period of the suspended license, which includes the name, address, and telephone number of each employer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.10 - Display of license

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed acupuncturist shall post his or her license in a conspicuous location in his or her office. If a licensed acupuncturist has more than one office, he or she shall obtain from the Board a duplicate license for each location.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.11 - Informed consent; medical malpractice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The acupuncturist shall fully disclose to the patient such information as will enable the patient to make an evaluation of the nature of the treatment and of any attendant risks, as well as of available alternative options and the risks and likely outcomes of those alternatives. The acupuncturist shall obtain, and maintain as part of his or her patient records, informed written consent from the patient before beginning acupuncture treatment.
(b) A licensed acupuncturist shall advise every patient as to the importance of consulting with a licensed physician regarding the patient's condition.
(c) A licensed acupuncturist shall maintain as part of his or her patient records a form, with the date and the signatures of the patient and the licensed acupuncturist, indicating that the licensed acupuncturist has advised the patient as required under (b) above and shall provide a copy of this form to the patient.
(d) Licensed acupuncturists shall maintain medical malpractice insurance in the sum of $ 1 million per occurrence and $ 3 million per policy year.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.12 - Scope of practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The use of any of the following to effect the stimulation of acupuncture points and channels is within the scope of practice of licensed acupuncturists and shall be performed only by acupuncturists licensed by the Board, individuals permitted to practice pursuant to 45:2C-8, students in acupuncture programs that meet the requirements of 13:35-9.4(e), or guest acupuncturists permitted to perform acupuncture in New Jersey pursuant to N.J.A.C. 13:35-9.13:
1. Needles;
2. Moxibustion;
3. Teishin (pressure needles); and
4. Electroacupuncture (utilizing electrodes on the surface of the skin or current applied to inserted needles).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.12A - Herbology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, a licensed acupuncturist shall practice herbology only if he or she submits proof to the Board of current certification in Chinese Herbology or Oriental Medicine from the NCCAOM and has a letter from the Board recognizing that the licensed acupuncturist has submitted this information.
(b) Prior to October 21, 2014, a licensed acupuncturist who obtained his or her license on or before November 2, 2009, may obtain a letter from the Board recognizing that he or she may practice herbology if he or she:
1. Successfully completed an herbology program from a school accredited by the ACAOM;
2. Passed the NCCAOM herbology examination;
3. Was ever certified in Chinese Herbology or Oriental Medicine by NCCAOM; or
4. Passed the NCCAOM herbology examination module.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.13 - Guest acupuncturist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who is not a licensed acupuncturist, an individual who is permitted to practice pursuant to 45:2C-8, or a student in an acupuncture program that meets the requirements of 13:35-9.4(e)  may perform acupuncture services as a guest acupuncturist if:
1. The individual receives permission from the Board to act as a guest acupuncturist pursuant to (c) below;
2. The individual performs acupuncture services as an instructor in a baccalaureate degree program, an acupuncture program that meets the requirements of 13:35-9.4(e)  or a continuing education course that meets the requirements of 13:35-9.20(d); and
3. The individual is legally authorized to perform acupuncture services in another state or in another country.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.14 - Unlicensed practice of acupuncture

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual is engaging in the unlicensed practice of acupuncture if the individual engages in any of the practices outlined in 13:35-9.12(a)  and is not:
1. Licensed by the Board as an acupuncturist;
2. A physician or dentist whose course of training has included acupuncture pursuant to 45:2C-8;
3. A guest acupuncturist permitted to perform acupuncture services pursuant to 13:35-9.13; or
4. A student participating in an acupuncture program pursuant to 13:35-9.4(e).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.15 - Precautionary and sterilization procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All non-disposable needles and acupuncture equipment that comes into contact with the patient's blood or bodily fluids or penetrates the skin, and equipment used to handle or store needles or other acupuncture equipment that comes into contact with the patient's blood or bodily fluids or penetrates the skin, shall be sterilized prior to each use. Prior to sterilization, all equipment to be sterilized shall be thoroughly cleaned with a disinfectant or cleansing solution.
(b) Sterilization shall be accomplished before use by one of the following methods:
1. Steam autoclave at 250 degrees Fahrenheit (120 degrees Celsius) and 15 pounds per square inch of pressure for 30 minutes;
2. Equivalent dry heat; or
3. Ethylene oxide gas sterilization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.16 - Preparation of patient records; computerized records; access to or release of information; confidentiality, transfer or disposal of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this section, shall have the following meanings unless the context clearly indicates otherwise:
1. "Authorized representative" means a person who has been designated by the patient or a court to exercise rights under this section. An authorized representative may be the patient's attorney or an employee of an insurance carrier with whom the patient has a contract which provides that the carrier be given access to records to assess a claim for monetary benefits or reimbursement. If the patient is a minor, a parent or guardian who has custody (whether sole or joint) shall be deemed to be an authorized representative.
2. "Patient" means any person who is the recipient of acupuncture.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.20 - Continuing professional education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "contact hour" means at least 50 minutes of instruction.
(b) The provisions of this section shall apply to all acupuncturists applying for biennial license renewal except those seeking renewal for the first time.
(c) No license renewal shall be issued by the Board unless the acupuncturist confirms on the renewal application that he or she completed at least 26 hours of continuing education detailed in (d) below and holds current certification in CPR, first aid, and use of an automated external defibrillator (AED) from courses offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.
(d) Credit for continuing professional education shall be granted as follows for each biennial period:
1. Publishing in a national professional journal, an article related to the practice of acupuncture: three continuing education hours per article, up to 13 hours;
2. Attending seminars and conferences related to the practice of acupuncture: one continuing education hour per contact hour;
3. Successfully completing graduate course work related to the practice of acupuncture taken beyond that required for a professional license in a college or university that is regionally accredited or accredited by the ACAOM: one continuing education hour per credit hour;
4. Teaching new courses or seminars related to the practice of acupuncture. "New" means that the acupuncturist has never taught or developed curriculum for that seminar or lecture in any educational setting: one continuing education hour per contact hour, up to 13 hours;
5. Acting as a clinical supervisor in an acupuncture program that meets the requirements of N.J.A.C. 13:35-9.4(e): one continuing education hour per each 15 hours of supervision, up to 10 hours;
6. Successfully completing a continuing education course that has been approved by NCCAOM or by boards or committees regulating acupuncture in other states: one continuing education hour for each contact hour;
7. Successfully completing a distance learning course approved by NCCAOM: one continuing education hour for each contact hour, up to 13 hours;
8. Successfully completing continuing education courses or programs that are pre-approved by the Board pursuant to (e) below: one continuing education hour for each contact hour; and
9. Successfully completing a course that an acupuncturist submits for approval to the Board pursuant to (f) below, one continuing education hour for each contact hour.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.21 - Telemedicine: purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of N.J.A.C. 13:35-9.22 through 9.28 and this section 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) These rules shall apply to all persons who are licensed by the Board as acupuncturists.
(c) Pursuant to N.J.S.A. 45:1-62, an acupuncturist must hold a license issued by the Board 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.22 - Telemedicine: definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in N.J.A.C. 13:35-9.21 and 9:23 through 9.28 and this section, shall have the following meanings, unless the context clearly indicates otherwise.
"Acupuncturist" means an individual licensed by the Board as an acupuncturist.
"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 acupuncturist at a distant site, which allows for the patient to be evaluated without being physically present.
"Board" means the Acupuncture Examining Board.
"Cross-coverage service" means an acupuncturist who engages in a remote evaluation of a patient, without in-person contact, at the request of another acupuncturist who has established a proper acupuncturist-patient relationship with the patient.
"Distant site" means a site at which an acupuncturist is located while providing health care services by means of telemedicine or telehealth.
"On-call" means an acupuncturist is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the acupuncturist has temporarily assumed responsibility, as designated by the patient's primary acupuncturist 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 an acupuncturist 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 acupuncturist, 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.23 - Telemedicine: standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, an acupuncturist 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 an acupuncturist 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 acupuncturist shall not provide services through telemedicine or telehealth.
(c) An acupuncturist 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) An acupuncturist 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.24 - Telemedicine: acupuncturist-patient relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, an acupuncturist shall establish an acupuncturist-patient relationship by:
1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. An acupuncturist 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 acupuncturist's identity, license, title, and, if applicable, specialty and board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.25 - Telemedicine: provision of services through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as an acupuncturist has satisfied the requirements of N.J.A.C. 13:35-9.24, an acupuncturist 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) Notwithstanding (a) above, an acupuncturist shall not provide health care services through the use of telemedicine that involve a patient or other unlicensed person inserting needles into the body of the patient.
(c) Prior to providing services through telemedicine or telehealth, an acupuncturist shall determine the patient's originating site and record this information in the patient's record.
(d) An acupuncturist providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided in (f) below, a video component that allows an acupuncturist to see a patient and the patient to see the acupuncturist during the provision of services.
(e) An acupuncturist 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.26 - Telemedicine: records

Current through Register Vol. 56, No. 14, July 15, 2024
An acupuncturist 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. 13:35-9.16, 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.27 - Telemedicine: prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that an acupuncturist has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, an acupuncturist 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. 13:35-9.24(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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 9 - ACUPUNCTURE › Section 13:35-9.28 - Telemedicine: privacy and notice to patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Acupuncturists 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 Parts 160 and 164, as Adopted and supplemented, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) Written privacy practices required by (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) An acupuncturist who becomes aware of a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR Part 164.
(d) Acupuncturists, 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) Acupuncturists 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. An acupuncturist 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 an acupuncturist exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the acupuncturist 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 10 - ATHLETIC TRAINERS › Section 13:35-10.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated by the New Jersey State Board of Medical Examiners, pursuant to N.J.S.A. 45:9-37.3 5 et seq., providing for the licensure and regulation of athletic trainers within the State of New Jersey.
(b) The rules contained in this subchapter shall apply to all individuals currently practicing as athletic trainers, as well as those individuals studying to become athletic trainers within this State and applicants for licensure. The rules are designed to better define the allowable activities, professional standards, and the educational requirements of athletic trainers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 10 - ATHLETIC TRAINERS › Section 13:35-10.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Advisory Committee" means the Athletic Training Advisory Committee established under N.J.S.A. 45:9-37.3 9.
"Athlete" means an individual who participates in strenuous physical exercise, physical conditioning or a sport.
"Athletic training" means the practice of physical conditioning and reconditioning of athletes and the prevention of injuries incurred by athletes. "Athletic training" also includes the application of physical treatment modalities to athletes under a plan of care designed and overseen by a supervising physician licensed in New Jersey, as recommended by the Advisory Committee and defined in 13:35-10.7(b).
"Board" means the State Board of Medical Examiners.
"Bracing" means the provision of fabric and elastic supports, corsets, arch supports, trusses, elastic hose, canes, crutches, cervical collars, dental appliances or other similar devices carried in stock and sold by drug stores, department stores, corset shops or surgical supply facilities.
"Licensed athletic trainer" means an individual who is licensed by the Board to practice athletic training.
"Physician" means a physician and surgeon licensed pursuant to 45:9-1 et seq.
"Plan of care" means a documented arrangement between a licensed athletic trainer and a physician, which sets forth:
1. The physical treatment modalities a licensed athletic trainer will utilize while providing services to athletes in an interscholastic, intercollegiate, intramural or professional athletic setting; and
2. Any athletic training services, including physical treatment modalities, the athletic trainer will provide when he or she is working with an athlete outside of an interscholastic, intercollegiate, intramural or professional athletic setting.
"Supervising physician" means a physician with whom an athletic trainer has a plan of care.
"Supervision" means that a physician licensed in this State is accessible to a licensed athletic trainer, either on-site or through voice communication, during athletic training.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 10 - ATHLETIC TRAINERS › Section 13:35-10.3 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for athletic trainer licensure shall submit to the Board:
1. A completed application form;
2. Proof that the applicant has completed a program of education, training and experience, which is approved by the Commission on Accreditation of Athletic Training Education, or its successor;
3. Proof that the applicant has passed the examination administered by the National Athletic Trainers' Association Board of Certification, Inc., or its successor, or an equivalent examination as adopted by the Board; and
4. The application fee pursuant to 13:35-10.19.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 10 - ATHLETIC TRAINERS › Section 13:35-10.3A - Licensure by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:
1. The Board determines that the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;
2. The applicant has been practicing in the profession of athletic training for a period of at least two years immediately prior to the date of application; and
3. The requirements of (b) below are satisfied.