reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.8 - Privacy and notice to patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State-certified psychoanalysts 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 amended and supplemented, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) A State-certified psychoanalyst 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.
(c) State-certified psychoanalysts, 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.
(d) State-certified psychoanalysts 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 State-certified psychoanalyst shall obtain a signed and dated statement indicating that the patient received this notice.
(e) When telemedicine or telehealth is unable to provide all pertinent clinical information that a State-certified psychoanalyst exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the State-certified psychoanalyst 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 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:42B-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Applied behavior analysis" means the practice of designing, implementing, and evaluating instructional and environmental modifications to produce socially significant improvements in human behavior, including the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Applied behavior analysis interventions are based on scientific research and direct and indirect observation and measurement of behavior and environment. Applied behavior analysts utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors pursuant to specific environmental conditions. The practice of behavior analysis does not include psychological testing, diagnosis of mental, physical, or speech language, hearing, and other communication and swallowing disorders, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and counseling as treatment modalities.
"BACB" means the Behavior Analyst Certification Board.
"BCaBA" means a Board Certified Assistant Behavior Analyst from the BACB.
"BCBA" means a Board Certified Behavior Analyst from the BACB.
"BCBA-D" means as Board Certified Behavior Analyst-Doctoral from the BACB.
"Board" means the State Board of Applied Behavior Analyst Examiners.
"Licensed applied behavior analyst" means a person who holds a current, valid license to practice applied behavior analysis issued by the Board.
"Licensed assistant applied behavior analyst" means a person who holds a current, valid license to practice applied behavior analysis under the ongoing supervision of a licensed applied behavior analyst issued by the Board.
"Licensee" means an individual who is licensed as a licensed applied behavior analyst or as a licensed assistant applied behavior analyst.
"Paraprofessional technician" means an individual who provides applied behavior analysis services pursuant to a delegation from a licensee and who is not a licensed applied behavior analyst, licensed assistant applied behavior analyst, or who does not otherwise qualify for exemption to licensure requirements pursuant to N.J.S.A. 45:8B-103.b(2) or N.J.A.C. 13:42B-1.1. "Paraprofessional technician" includes a Registered Behavior Technician (RBT) certified by the BACB.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 2 - APPLICATION FOR LICENSURE › Section 13:42B-2.1 - Application for a license as an applied behavior analyst

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a license as an applied behavior analyst shall submit to the Board:
1. A completed application for license on a form available from the Board;
2. Proof that the applicant holds a master's degree or doctoral degree from an institution accredited by a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education;
3. Proof that the applicant holds current certification as a BCBA or BCBA-D; and
4. The application fee set forth at N.J.A.C. 13:42B-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 2 - APPLICATION FOR LICENSURE › Section 13:42B-2.2 - Application for a license as an assistant applied behavior analyst

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a license as an assistant applied behavior analyst shall submit to the Board:
1. A completed application for license on a form available from the Board;
2. Proof that the applicant holds a bachelor's degree from an institution accredited by a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education;
3. Proof that the applicant holds current certification as a BCaBA;
4. The identity of the licensed applied behavior analyst who will supervise the applicant; and
5. The application fee set forth at N.J.A.C. 13:42B-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 2 - APPLICATION FOR LICENSURE › Section 13:42B-2.3 - Licensure by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application and application fee, 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 as an applied behavior analyst or assistant applied behavior analyst for a period of at least two years within the five years prior to the date of application; and
3. The requirements at (b) below are satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 2 - APPLICATION FOR LICENSURE › Section 13:42B-2.4 - Abandonment of application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a license submitted to the Board will be deemed abandoned if:
1. The individual applying for the license has not submitted to the Board all of the information and documentation required to obtain a license pursuant to N.J.A.C. 13:42B-2.1, 2.2, or 2.3; and
2. One year has elapsed since the last notice to the applicant was sent by the Board informing the applicant that the Board had not received all of the information and documentation required for licensure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 3 - RENEWAL OF LICENSURE › Section 13:42B-3.1 - Renewal of licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each licensee at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensee shall renew the license for a period of two years from the last expiration date. The licensee shall submit to the Board, prior to the date of license expiration:
1. A renewal application;
2. Proof that the licensee is currently certified as a BCBA, BCBA-D, or BCaBA; and
3. The renewal fee set forth at N.J.A.C. 13:42B-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 3 - RENEWAL OF LICENSURE › Section 13:42B-3.2 - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:42B-3.1(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A reactivation application;
2. A certification of employment listing each job held during the period the license was inactive that includes the names, addresses, and telephone number of each employer;
3. Proof that the licensee is currently certified as a BCBA, BCBA-D, or BCaBA; and
4. The renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:42B-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 3 - RENEWAL OF LICENSURE › Section 13:42B-3.3 - Reinstatement of suspended license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:42B-3.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone number of each employer;
3. Proof that the licensee is currently certified as a BCBA, BCBA-D, or BCaBA;
4. The renewal fee set forth at N.J.A.C. 13:42B-8.1 for the biennial period for which reinstatement is sought;
5. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought; and
6. The reinstatement fee set forth at N.J.A.C. 13:42B-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 4 - PROFESSIONAL PRACTICE › Section 13:42B-4.1 - Prohibitions on unlicensed persons; designations for licensed persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless licensed as an applied behavior analyst or assistant applied behavior analyst or exempt pursuant to N.J.A.C. 13:42B-1.1(b), no person shall practice applied behavior analysis. Unless licensed as an applied behavior analyst or assistant applied behavior analyst, no person shall use any of the titles set forth at (b) or (c) below.
(b) A licensed applied behavior analyst may use the titles:
1. Licensed behavior analyst;
2. Licensed applied behavior analyst; and
3. LBA.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 4 - PROFESSIONAL PRACTICE › Section 13:42B-4.3 - Change in address of record, name, or supervisor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall notify the Board, in writing, within 30 days of the changes to:
1. The licensee's address registered with the Board. Service to the address registered with the Board shall constitute effective notice pursuant to N.J.A.C. 13:45-3.2;
2. The licensed applied behavior analyst's or licensed assistant applied behavior analyst's legal name. Notification of a name change shall include a copy of the marriage license or a court order which authorized the legal name change; or
3. The licensed applied behavior analyst who supervises a licensed assistant applied behavior analyst.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 4 - PROFESSIONAL PRACTICE › Section 13:42B-4.4 - Identification tags; office signage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to P.L. 2020, c. 133, when providing in-person care, a licensee shall wear either a name tag, or identification embroidered on the outermost layer of clothing on the licensee's upper body that includes:
1. The licensee's full name or, if the licensee is providing care in a hospital, long-term care facility, or licensed ambulatory care facility or behavioral health care facility, and if authorized by facility administrators, the licensee's full first name and first letter of the last name;
2. The term "licensed applied behavior analyst" or "licensed assistant applied behavior analyst," as applicable, and the professional degree issued to the licensee. The name of the professional degree issued to the licensee may be abbreviated. If the name of the professional degree is identical to the name of the license, the professional degree may be omitted; and
3. If providing direct client care at a hospital, a recent photograph of the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 4 - PROFESSIONAL PRACTICE › Section 13:42B-4.5 - Reporting of misconduct; self-reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall report to the Board any incident or series of incidents that the licensee, in good faith, believes is in violation of the Applied Behavior Analyst Licensing Act, N.J.S.A. 45:8B-91 et seq., and 45:1-14 et seq., N.J.A.C. 13:45C, or this chapter.
(b) Pursuant to N.J.A.C. 13:45E-3.2, a licensee who is in possession of information that reasonably indicates that another licensee or other health care professional has demonstrated an impairment, gross incompetence, or unprofessional conduct that would present an imminent danger to an individual or to the public health, safety, or welfare shall file a report with the Division of Consumer Affairs, Health Care Professional Information Clearing House Coordinator and the Board.
(c) A licensee shall immediately notify the Board, if the licensee:
1. Is incapable, for medical or any other reason, of discharging the functions of a licensee in a manner consistent with the public's health, safety, and welfare;
2. Is indicted or convicted of a crime which has a direct or substantial relationship to the practice of applied behavior analysis;
3. Is named as a defendant or respondent in a civil or criminal investigation, complaint, or judgment involving alleged malpractice, negligence, or misconduct relating to the licensee's practice;
4. Is the subject of an administrative judgment involving malpractice, negligence, or misconduct relating to the licensee's practice;
5. Is the subject of any voluntary license or certification surrender or any disciplinary action or order by any state or Federal agency, board, or commission, including any order of limitation or preclusion; or
6. Fails to maintain or renew BACB certification which is required by law as a condition of practice or as a condition of license renewal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 4 - PROFESSIONAL PRACTICE › Section 13:42B-4.6 - Informed consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall fully disclose to the client and any applicable guardians any information as will enable the client or guardian to evaluate the nature of the treatment and of any attendant risks, which shall include the means by which services will be provided (such as in-person or through telemedicine).
(b) Before delivering services to a client, the licensee shall obtain informed consent from the client or guardian and shall document that informed consent. The licensee shall maintain that documentation in the client's records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 5 - SUPERVISION AND DELEGATION › Section 13:42B-5.1 - Supervision of a licensed assistant applied behavior analyst

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed assistant applied behavior analyst shall not provide applied behavior analysis services unless the licensed assistant applied behavior analyst is supervised by a licensed applied behavior analyst pursuant to (b) and (c) below.
(b) A licensed applied behavior analyst who supervises a licensed assistant applied behavior analyst shall complete an eight-hour training course that covers the BACB Supervisor Training Curriculum Outline (2.0), published by the BACB, 7950 Shaffer Parkway, Littleton, CO 80127, as amended and supplemented, incorporated herein by reference.
(c) A licensed assistant applied behavior analyst and the supervising licensed applied behavior analyst shall meet face-to-face to discuss services provided by the licensed assistant applied behavior analyst and issues or concerns that the licensed assistant applied behavior analyst has encountered while providing services:
1. If the licensed assistant applied behavior analyst has been licensed for less than one year, the licensed assistant applied behavior analyst and the supervising licensed applied behavior analyst shall meet for at least five percent of the total number of hours of services provided by the licensed assistant applied behavior analyst during a week or for at least one hour every two weeks, whichever is more; and
2. If the licensed assistant applied behavior analyst has been licensed for one year or more, the licensed assistant applied behavior analyst and the supervising licensed applied behavior analyst shall meet for at least two percent of the total number of hours of services provided by the licensed assistant applied behavior analyst during a week, or at least one hour every month, whichever is more.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 5 - SUPERVISION AND DELEGATION › Section 13:42B-5.2 - Delegation to a paraprofessional technician

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may delegate the performance of interventions in a treatment plan to a paraprofessional technician.
(b) A licensee shall not delegate the assessment of a client, the development of a treatment plan, or the development of interventions to a paraprofessional technician.
(c) A licensee shall not delegate an intervention if, after assessing whether an intervention should be delegated, the licensee determines that such delegation would be inappropriate.
(d) A licensee is responsible for the care a client receives pursuant to the licensee's direction and the outcomes of care, even when a licensee has delegated to a paraprofessional technician.
(e) When delegating an intervention that will be performed by paraprofessional technicians employed by, or contracted to perform duties in, a facility licensed by the Department of Children and Families, Department of Health, or Department of Human Services, a licensee shall:
1. Assess the needs of the client;
2. Determine what interventions may be safely and appropriately delegated to paraprofessional technicians employed by, or contracted to perform duties in, the facility;
3. Identify the individual who will supervise the paraprofessional technicians performing delegated interventions;
4. Evaluate and delegate in accordance with facility policies and procedures that address the knowledge and skill of paraprofessional technicians to perform delegated interventions;
5. Communicate to the individual who will supervise paraprofessional technicians performing delegated interventions, the directions for delegated interventions, and expectations for those interventions;
6. Establish the methods by which the individual who will supervise paraprofessional technicians will communicate the delegated interventions and expectations to the paraprofessional technicians who will perform the delegated interventions;
7. Establish the methods by which the individual who will supervise paraprofessional technicians will communicate with the licensee and the instances that will require such an individual to communicate with the licensee; and
8. Document in facility records that the licensee has gone through the steps required at (e)1 through 7 above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 5 - SUPERVISION AND DELEGATION › Section 13:42B-5.3 - Supervision of a student

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed applied behavior analyst who supervises a student completing education or experience requirements for certification as a BCBA, BCBA-D, or BCaBA shall comply with the supervision requirements set forth in the BCBA 2022 Eligibility Requirements or the BCaBA 2022 Eligibility Requirements, published by the BACB, 7950 Shaffer Parkway, Littleton, CO 80127, as amended and supplemented, incorporated herein by reference.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 6 - BUSINESS PRACTICES › Section 13:42B-6.2 - Advertising free or discounted services; required disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An advertisement offering a fee reduction shall state the reduced fee and the licensee's usual fee for each service for which a reduction is advertised. The usual fee shall be the fee charged for the advertised service for a period of not less than 90 days prior to the publication of the advertised reduction.
(b) If the discount or free service does not apply to all services to be rendered, the advertisement shall specify any associated or reasonably anticipated services that are not included and a statement of the specific charges for all associated or reasonably anticipated services that are not included.
(c) Except for those services specifically excluded in the advertisement offering free services, the licensee shall not charge for any service rendered during a period of 72 hours from the time the free service was rendered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 6 - BUSINESS PRACTICES › Section 13:42B-6.3 - Testimonial advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Testimonials involving a specific or identifiable applied behavior analysis service shall truthfully reflect the actual experience of the client.
(b) The licensee shall be able to substantiate any objective, verifiable statement of fact appearing in a testimonial. The failure to do so, if required by the Board, may be deemed professional misconduct.
(c) Where a licensee directly or indirectly provides compensation to a testimonial giver, the fact of such compensation shall be conspicuously disclosed in a clear, legible, and readable manner in any advertisement as follows: "Compensation has been provided for this testimonial."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 6 - BUSINESS PRACTICES › Section 13:42B-6.4 - Minimum content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards, and professional stationery shall include the following:
1. The name and license number of at least one licensee;
2. The term "licensed applied behavior analyst" or "licensed assistant applied behavior analyst," as applicable, and the professional degree issued to the licensee, except that the name of the professional degree issued to the licensee may be abbreviated and, if the name of the professional degree is identical to the name of the license, the professional degree may be omitted; and
3. The street address and telephone number of the practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 6 - BUSINESS PRACTICES › Section 13:42B-6.5 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall make contemporaneous, permanent entries into client records that shall accurately reflect the applied behavior analysis services rendered. Client records shall be maintained for a period of seven years from the date of the most recent entry. The client record shall contain, at a minimum:
1. Intake record;
2. The dates of each service;
3. Quantitative data collection and analysis;
4. Summary of each session;
5. The name, title, and license number of the licensee who provided services;
6. Safety level of the client, including instances of self-harm, aggression towards others, or contact with safety or health officials; and
7. Any referral to another healthcare professional.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 6 - BUSINESS PRACTICES › Section 13:42B-6.6 - Client access to records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall provide access to client records to a client or an authorized representative in accordance with the following:
1. No later than 30 days from receipt of a written request from a client or an authorized representative, the licensee shall provide a copy of the client record, and/or billing records, as may be requested;
2. The licensee may charge a fee for the reproduction of records, which shall be no greater than $ 1.00 per page or $ 100.00 for the entire record, whichever is less; and
3. If the client, a subsequent treating health care professional, or the Board is unable to read the client record, because it is illegible, the licensee, upon request, shall provide a typed transcription of the record. If the record is in a language other than English, the licensee shall also provide an English translation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 6 - BUSINESS PRACTICES › Section 13:42B-6.7 - Use of a computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who prepares a client record maintained solely on a computer shall use a write-protected program which:
1. Contains an internal permanently activated date and time recordation for all entries;
2. Automatically prepares a back-up copy of the file; and
3. Is designed in such manner that, after the licensee "signs" by means of a confidential personal code (CPC), the entry cannot be changed in any manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions at P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth, as it related to the practice of applied behavior analysis.
(b) This subchapter shall apply to all persons who are licensed by the Board.
(c) Pursuant to N.J.S.A. 45:1-62, applied behavior analysts or assistant applied behavior analysts must hold a license issued by the Board if they:
1. Are located in New Jersey and provide applied behavior analysis services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
2. Are located outside of New Jersey and provide applied behavior analysis services to any client located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical and/or mental health information, either to or from an originating site, or to or from the licensee at a distant site, which allows for the client to be evaluated without being physically present.
"Board" means the State Board of Applied Behavior Analyst Examiners.
"Cross-coverage service" means a licensee who engages in a remote evaluation of a client, without in-person contact, at the request of another licensee who has established a proper licensee-client relationship with the client.
"Distant site" means a site at which a licensee is located while providing services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Board as a licensed applied behavior analyst or licensed assistant applied behavior analyst.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a client for whom the licensee has temporarily assumed responsibility, as designated by the client's primary care provider or other mental health care provider of record.
"Originating site" means a site at which a client is located at the time that services are provided to the client by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote client monitoring devices, or other electronic means, to support clinical health care, provider consultation, client and professional health-related education, public health, health administration, and other services in accordance with the provisions at P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et 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 licensee who is located at a distant site and a client who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions at 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 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
(b) If a licensee determines, either before or during the provision of 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 client to obtain services in-person.
(d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risks and benefits of a client'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 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.4 - Licensee-client relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
1. Identifying the client with, at a minimum, the client's name, date of birth, phone number, and address. A licensee may also use a client's assigned identification number, Social Security Number, photo, health insurance policy number, or other identifier associated directly with the client; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.5 - 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 at N.J.A.C. 13:42B-7.4, a licensee may provide services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of services to clients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the client's originating site and record this information in the client's record.
(c) A licensee providing services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component which allows a licensee to see a client and the client to see the licensee during the provision of 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, including test results and interpretation;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provide to a client. Such records shall comply with the requirements at N.J.A.C. 13:42B-6.5 and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.7 - Prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address:
1. Identification of users;
2. Identification of the client during the initial intake pursuant to N.J.A.C. 13:42B-7.4(a)1;
3. Identification 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. Verification of client profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:42B-7.8 - Privacy and notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees that communicate with clients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards pursuant to 45 CFR 160 and 164, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) A licensee who becomes aware of a breach in confidentiality of client information, as defined at 45 CFR 164.402, shall comply with the reporting requirements at 45 CFR 164.
(c) Licensees, or their authorized representatives, shall provide a client or the client's guardian, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the client's written acknowledgement of receipt of the notice.
(d) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give clients or clients' guardians notice regarding telemedicine and telehealth, including the risks and benefits of using technology to provide services and how to receive follow-up care or assistance in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the client or guardian received this notice.
(e) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a client, the licensee shall inform the client of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the client regarding the need for the client to obtain additional in-person services reasonably able to meet the client's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES › Subchapter 8 - FEES › Section 13:42B-8.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board:
1. Application fee ..............................................
$100.00
2. Initial license fee licensed applied behavior analyst:
i. If paid during the first year of a biennial renewal period ...........................................................
$200.00
ii. If paid during the second year of a biennial renewal period ................................................
$100.00
3. Initial license fee licensed assistant applied behavior analyst:
i. If paid during the first year of a biennial renewal period ............................................................
$100.00
ii. If paid during the second year of a biennial renewal period ................................................
$50.00
4. Renewal of license licensed applied behavior analyst ...........................................................
$200.00
5. Renewal of license licensed assistant applied behavior analyst ..............................................
$100.00
6. Late license renewal ........................................
$75.00
7. Reinstatement fee ............................................
$200.00
8. Inactive license fee .....................................
(to be determined by Director by regulation)
9. Duplicate/replacement license ..........................
$25.00
10. Verification of license .....................................
$25.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 43 - STATE BOARD OF COURT REPORTING › Subchapter 1 - STATE BOARD OF COURT REPORTING; METHODS OF OPERATION › Section 13:43-1.1 - State Board of Court Reporting; description

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board of Court Reporting created in the Division of Consumer Affairs of the Department of Law and Public Safety, pursuant to 45:15B-1 et seq., consists of six members appointed by the Governor, three of whom are certified court reporters, two of whom are appointed by the Governor as public members, and the sixth being a member of the executive branch of government.
(b) The State Board of Court Reporting is charged with the responsibility to certify court reporters and to discipline persons violating provisions of 45:15B-1 et seq., pursuant to the provisions of the Uniform Enforcement Act, 45:1-14 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 43 - STATE BOARD OF COURT REPORTING › Subchapter 1 - STATE BOARD OF COURT REPORTING; METHODS OF OPERATION › Section 13:43-1.2 - Methods of operation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Board of Court Reporting elects, from its number, a chairman and a secretary/treasurer to preside over its activities and to assume those duties normally associated with those offices.
(b) The State Board of Court Reporting meets annually for the purpose of conducting business, and at such other times as are necessary.
(c) All communications, submissions and requests to and all inquiries for information from the Board of Court Reporting should be directed to the Office of the State Board of Court Reporting, Post Office Box 45019, Newark, New Jersey 07101.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 43 - STATE BOARD OF COURT REPORTING › Subchapter 1A - DEFINITIONS › Section 13:43-1A.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Certified court reporter" or "CCR" means any person who is certified pursuant to the provisions of 45:15B-1 et seq.
"Certified realtime court reporter" or "CRCR" means one who possesses a voluntary certification to perform realtime reporting.
"Court reporting" means making, by use of symbols or abbreviations, of a verbatim record of court proceedings, depositions, other judicial proceedings, meetings of boards, agencies, corporations, or other bodies or groups and causing that record to be provided or printed in a readable form or produced on a computer screen in a readable form.
"Realtime reporting" means a computer-aided method of translation performed by a certified realtime court reporter (who must also hold a current New Jersey certificate as a certified court reporter), in order to provide a simultaneous verbatim transcription on a computer screen of any testimony given under oath before any court, referee, board, commission, or other body created by statute of this State.
"Temporary registered reporter" means a non-certified court reporter who has registered with the Board pursuant to 13:43-2.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 43 - STATE BOARD OF COURT REPORTING › Subchapter 2 - CERTIFICATION OF COURT REPORTERS; REGISTRATION OF TEMPORARY REGISTERED REPORTERS › Section 13:43-2.1 - Eligibility for certification as a certified court reporter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to qualify for certification as a certified court reporter, an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character, as established by references and a criminal history name search, as set forth in (b) below, which shall be requested and performed in accordance with N.J.A.C. 13:59-1;
3. Have obtained a high school diploma or its equivalent;
4. Have submitted a completed application form to the Board not less than three weeks before the date of the examination required in (a)6 below;
5. Paid the application fee set forth in 13:43-6.1;
6. Have successfully passed the Board-approved examination for the certification of court reporters; and
7. Have a place for the regular transaction of business within the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 43 - STATE BOARD OF COURT REPORTING › Subchapter 2 - CERTIFICATION OF COURT REPORTERS; REGISTRATION OF TEMPORARY REGISTERED REPORTERS › Section 13:43-2.2 - Eligibility for registration as a temporary registered reporter; disclosure forms; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to qualify to register as a temporary registered reporter pursuant to N.J.S.A. 45:15B-9, an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character, as established by references and a criminal history name search as set forth in (c) below, which shall be requested and performed in accordance with N.J.A.C. 13:59-1;
3. Have obtained a high school diploma or its equivalent;
4. Have submitted a completed application form to the Board; and
5. Pay the application fee set forth at N.J.A.C. 13:43-6.1.