reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 4A - SURGERY, SPECIAL PROCEDURES AND ANESTHESIA SERVICES PERFORMED IN AN OFFICE SETTING › Section 13:35-4A.17 - Compliance timetables

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner who does not hold privileges at a hospital shall submit an application to the Board seeking approval pursuant to the alternative privileging process set forth at 13:35-4A.12, prior to offering such services. Notwithstanding any other provision in this subchapter, a practitioner who has submitted an application for alternative privileging by December 16, 2003, may continue to offer services for which privileges have been requested until such time as the Board acts upon that application.
(b) A practitioner or physician who offers anesthesia services in an office setting shall purchase and install the equipment and safety systems, as required pursuant to this rule prior to offering such services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 4A - SURGERY, SPECIAL PROCEDURES AND ANESTHESIA SERVICES PERFORMED IN AN OFFICE SETTING › Section 13:35-4A.18 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any violation of 13:35-4A.3 through 4A.17 shall be deemed to be professional misconduct within the meaning of 45:1-21(e)  and may further constitute violation of other law or rule, as applicable to the circumstances.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 4A - SURGERY, SPECIAL PROCEDURES AND ANESTHESIA SERVICES PERFORMED IN AN OFFICE SETTING › Section 13:35-4A.19 - Performance of minor procedures by advanced practice clinicians

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall be construed to preclude practitioners from authorizing advanced practice clinicians to perform minor procedures in the office consistent with their respective scopes of practice and as addressed within their individual collaborating agreements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 5 - EYE EXAMINATIONS; EYEGLASSES › Section 13:35-5.1 - Minimum eye examination; contact lenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Physicians licensed to practice medicine and surgery, when performing an eye examination for the purpose of prescribing corrective lenses, shall fully and adequately disclose to the patient the limited purpose of the eye examination. The physician shall perform, and keep a complete record of, physical examination of the patient which shall include:
1. A complete history of visual aberrations;
2. A determination of visual acuity in each eye separately;
3. A cover test, distance and near, and a determination of muscle balance or imbalance;
4. An ophthalmoscopic examination and a determination of any abnormalities of lids, cornea, pupils, lens, vitreous and fundus. A record entry of "negative" or "clear" should be made if no pathology is found.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 5 - EYE EXAMINATIONS; EYEGLASSES › Section 13:35-5.2 - Minimum standards and tolerances of optical lenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every pair of lenses, spectacles, eyeglasses or appurtenances thereto, prepared for or dispensed to the intended wearers from written prescriptions of physicians duly licensed to practice their profession, or duplication, replacements, reproductions or repetitions, must conform to the following minimum standards and tolerances:
PHYSICAL QUALITY AND APPEARANCE
1. Surface imperfections
TOLERANCE: No pits, scratches (other than hairline), grayness or watermarks shall be acceptable.
2. Glass defects
TOLERANCE: No bubbles, striae and inclusions shall be acceptable.
3. Localized power errors
TOLERANCE: Waves found by visual inspection shall be passable if no deterioration in image quality is found when the localized area is examined with a standard lens measuring instrument.
4. Refractive powers
TOLERANCE: 0.0. to 6.00, + or -0.12.
6.25 to 12.00, 2 per cent of power.
Above 12.00, + or -0.25.
Maximum cylinder power variation + or -0.12.
5. Refractive power addition
TOLERANCE: + or -0.12.0.
6. Cylinder Axis
TOLERANCE: 0.12 to 0.37 + or -3 degrees.
0.50 to 1.00, + or -2 degrees.
1.12 on up, + or -1 degree.
7. Prism power and location of specified optical center
TOLERANCE: Vertical + or -0.25 prism for each lens or a total of 0.50 prism imbalance. Horizontal + or -0.25 prism for each lens or a total of 0.50 prism imbalance.
8. Segment size
TOLERANCE: + or -0.5 mm. Pair must be symmetrical upon visual inspection.
9. Segment location
TOLERANCE: As specified within + or -0.5 mm.
10. Lens size:
i. Rimless
TOLERANCE: + or -0.5 mm;
ii. Bevel, for plastic frames
TOLERANCE: + or -0.5 mm;
iii. Bevel, for metal frames
TOLERANCE: To fit standard specified frame. Lens shape must match. Edges must be smooth and straight and sharp edge must be removed.
11. Heat-treated and chemically-treated industrial safety eyewear
TOLERANCE: Tolerance for power, size and the like shall be as above, except that minimum thickness edge or center shall meet the requirements of American Standard Z80.1-1972 and subsequent revisions.
12. Heat-treated and chemically-treated dress eyewear
TOLERANCE: Tolerance for power, size and the like shall be as above, except that minimum thickness edge or center shall meet the requirements of American Standard Z80.1-1972 and subsequent revisions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.3 - Sexual misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By this section, the Board of Medical Examiners is identifying for its licensees conduct which it shall deem to be violative of law. Specialized concerns with respect to those licensees who provide psychiatric or psychotherapeutic services are also identified.
(b) As used in this section, the following terms have the following meanings unless the context indicates otherwise:
1. "Licensee" means any person licensed or authorized to engage in a health care profession regulated by the Board of Medical Examiners.
2. "Patient" means any person who is the recipient of a professional service rendered by a licensee for purposes of diagnosis, treatment or a consultation relating to treatment. "Patient" for purposes of this section also means a person who is the subject of professional examination even if the purpose of that examination is unrelated to treatment.
3. "Patient-physician relationship" means an association between a physician and patient wherein the physician owes a continuing duty to the patient to be available to render professional services consistent with his or her training and experience. The performance of any professional medical service including, but not limited to, the issuance of a prescription or authorization of a refill of a prescription is deemed to be a professional service and evidence of a patient-physician relationship.
4. "Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the patient's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or patient's body into or near the genital, anal or other opening of the other person's body.
5. "Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of medical services, and that either: is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a patient, co-worker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee.
6. "Spouse" means either the husband or wife of the licensee or an individual in a long-term committed relationship with the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.4 - Delegation of administration of subcutaneous and intramuscular injections and performance of venipuncture to certified medical assistants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
1. "Physician" means a doctor of medicine (M.D.), a doctor of osteopathic medicine (D.O.), or a doctor of podiatric medicine.
2. "Certified medical assistant" means a graduate of a post-secondary medical assisting education program accredited by the National Healthcare Association (NHA), or its successor, The Committee on Allied Health Education and Accreditation of the American Medical Association (CAHEA), or its successor; Accrediting Bureau of Health Education Schools (ABHES), or its successor; or any accrediting agency recognized by the U.S. Department of Education. The educational program shall include, at a minimum, 330 clock hours of instruction and shall encompass training in the administration of intramuscular and subcutaneous injections and instruction and demonstration in: pertinent anatomy and physiology appropriate to injection procedures; choice of equipment; proper technique, including sterile technique; hazards and complications; and emergency procedures. The medical assistant must also maintain current certification from the Certifying Board of the American Association of Medical Assistants (AAMA), the National Center for Competency Testing (NCCT), the American Medical Certification Association (AMCA), the National Association for Health Professionals (NAHP), the National Certification Medical Association (NCMA), or registration from the American Medical Technologists (AMT), or any other recognized certifying body approved by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.6 - Standards for joint protocols between advanced practice nurses and collaborating physicians

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
"Collaboration" means the ongoing process by which an advanced practice nurse and a physician engage in practice, consistent with agreed upon parameters of their respective practices.
"Device" means an article, other than medication, for use in the diagnosis, cure, mitigation, treatment or prevention of disease, injury, pain or deformity or physical or emotional condition or health problem in humans or intended to affect the structure or function of the human body.
"Joint protocol" means an agreement or contract between an advanced practice nurse and a collaborating physician which conforms to the standards established by the Director of the Division of Consumer Affairs pursuant to this rule.
"Medication" means any substance for which a prescription is required which is intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, injury, pain or deformity or physical or emotional condition or health problem in humans or intended to affect the structure or function of the human body.
(b) Advance practice nurses who seek to prescribe or order medications or devices and the collaborating physician(s) with whom they are in collaboration shall develop a joint protocol, which shall be:
1. In writing;
2. Signed by both the advanced practice nurse and the physician, with an acknowledgment that any inappropriate professional behavior or violation of the protocol on the part of either the physician or the advanced practice nurse will be reported to his or her respective licensing board;
3. Maintained on the premises of every office in which the advanced practice nurse practices;
4. Updated on an ongoing basis to reflect changes in the practice, office personnel, skills of the advanced practice nurse, frequency of record review, and reference materials containing practice guidelines or accepted standards of practice; and
5. Reviewed at least on an annual basis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.7 - Minimum standards for the performance of new or novel procedures in the office setting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section contains minimum standards for the performance of new or novel procedures as defined in (b) below which are performed in the office setting and are not performed under the jurisdiction of an Institutional Review Board (IRB) which complies with the requirements of the Federal Food and Drug Administration.
(b) The following words and terms when used in this section shall have the following meanings, unless the context indicates otherwise:
"Diagnostic or therapeutic modality" means a modality intended for use in the diagnosis of disease or conditions in humans or in the cure, mitigation, treatment or prevention of disease in humans or a modality intended to affect the structure of or any function of the human body.
"Generally recognized as safe and effective" means there exists substantial evidence by means of at least two well-controlled clinical studies that the new or novel procedure will have the effect that is represented and the procedure does not pose a significant risk to the physical or emotional health of the patient and has a low reported incidence of adverse reactions or significant side effects.
"New or novel procedure" means a diagnostic or therapeutic modality performed by a Board licensee that:
1. Is not yet generally recognized as safe and effective by experts in the field who are qualified by scientific training and experience to evaluate the safety and effectiveness of the procedure for its intended use and poses a potential risk of physical or emotional harm to a patient; or
2. Is a new application of a procedure which has been generally recognized as safe and effective for its traditional use but is not yet generally recognized as safe and effective by experts in the field who are qualified by scientific training and experience to evaluate the safety and effectiveness of the procedure for its new application and the new application poses a potential risk of physical or emotional harm to a patient.
"New or novel procedure" does not include responses to emergent and unexpected issues that arise during surgery or the use of a medication that has been approved by the Food and Drug Administration (FDA), even if the medication is being used for a purpose not specifically approved by the FDA.
"Office setting" means a location at which medical, surgical or podiatric services are rendered and is not licensed by the New Jersey Department of Health and Senior Services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.8 - Prescribing, administering or dispensing amygdalin (laetrile)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The prescription or administration of amygdalin (laetrile) is a medical procedure which may only be performed by a physician licensed to practice medicine and surgery in the State of New Jersey, or a physician duly licensed to practice medicine and surgery in another state provided the practitioner does not open an office or place for the practice of his profession in this State.
(b) A licensed physician may prescribe, administer or dispense amygdalin (laetrile) to such physician's patient, consistent with the following standards and providing that the patient has signed the "written information request ... for medical treatment" as set forth herein:
1. Generally:
i. As an adjunct to recognized, customary, or accepted modes of therapy; or
ii. Utilized exclusively in the treatment of any malignancy, disease, illness or physical condition; and
iii. If and when the physician has received a confirmed diagnosis of said malignancy, disease, illness or physical condition;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.9 - Referral for radiological services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Physician" shall mean a physician possessing a plenary license to practice medicine and surgery and practitioners legally licensed to practice chiropractic or podiatry.
(b) A physician possessing a plenary license to practice medicine and surgery who provides diagnostic radiological services for other physicians possessing a plenary license to practice medicine and surgery shall, upon the request of a chiropractic or podiatric physician, provide diagnostic radiological services to such chiropractic or podiatric physician without discrimination on the basis of classification of license, provided the diagnostic radiological services requested pertain to skeletal areas of the body.
(c) Denial of professional diagnostic radiological services, as set forth herein, shall constitute purposeful and intentional discrimination and shall subject the licensee to appropriate disciplinary action by the Board of Medical Examiners.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.10 - Advertising and solicitation practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.
1. The term "advertisement" shall mean any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchaser services, treatment, or goods related thereto from a Board licensee.
2. "Board licensee" shall mean any individual holding a license issued by the State Board of Medical Examiners.
3. The term "routine professional service" shall refer to a service which a board licensee or professional association routinely performs.
4. The term "print media" shall include newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, matchcovers and other similar items, documents or comparable publications, the content of which is disseminated by means of the printed word.
5. The term "electronic media" shall include radio, television, and Internet.
6. The term "range of fees" shall refer to any expressly stated upper and lower limit on the fees charged for services or goods offered by a Board licensee.
7. The term "graphic representation" shall mean the use of drawings, animations, clinical photographs, dramatizations, music or lyrics.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.11 - Excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board of Medical Examiners shall review information and complaints concerning allegations of excessive fees charged by licensees of the Board and may establish Excessive Fee Review Committees to perform various aspects of the review function. This regulation is not intended to impinge upon the strong public policy in favor of a competitive, free enterprise economy embodied in the antitrust laws of the United States and of this State. Excessive Fee Review Committees shall consider comparable fees charged by licensees not under inquiry only to the minimum extent necessary to render a determination as to whether a fee is excessive.
(b) A licensee of the Board of Medical Examiners shall not charge an excessive fee for services. A fee is excessive when, after a review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the fee is so high as to be manifestly unconscionable or overreaching under the circumstances.
(c) Factors which may be considered in determining whether a fee is excessive include, but are not limited to, the following:
1. The time and effort required;
2. The novelty and difficulty of the procedure or treatment;
3. The skill required to perform the procedure or treatment properly;
4. Any requirements or conditions imposed by the patient or by the circumstances;
5. The nature and length of the professional relationship with the patient;
6. The experience, reputation and ability of the licensee performing the services;
7. The nature and circumstances under which services are provided. Unless services are provided during an emergency or other circumstances where opportunity, custom and practice will preclude discussion prior to the rendition of such services, the licensee shall, in advance of providing services, specify or discuss and agree with the patient, the fee or basis for determination of the fee to be charged.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.13 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board of Medical Examiners:
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New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.14 - Delegation of physical modalities to a licensed health care provider or an unlicensed physician aide

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Physician," for the purpose of this section, shall mean a doctor of medicine (M.D.), a doctor of osteopathic medicine (D.O.) or a doctor of podiatric medicine (D.P.M.).
1. "Licensed health care provider," for the purpose of this section, shall mean an individual holding a current, valid license in this State as a physical therapist, registered nurse, licensed practical nurse, physician assistant, chiropractor or athletic trainer. "Licensed health care provider" also includes, for purpose of this section, an individual who holds a current, valid license as an occupational therapist, except that nothing shall authorize the delegation of a physical modality, which pursuant to 13:44K-5.4 is deemed to be an advanced physical agent modality without the occupational therapist having complied with 13:44K-5.4(e).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.16 - Professional practice structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee of the Board of Medical Examiners shall engage in professional practice in this State only when in possession of a current biennial registration issued by the Board.
1. The term "professional practice" is deemed to include the offering by a Medical Board licensee of opinions on matters of professional practice (including testimony and professional review organization service), whether or not the offeror has provided direct patient care, where the holding of a professional board license is a significant component or foundation for the offering of the professional opinion.
2. The name of the professional practice entity shall be composed of the actual last names of one or more of the owning licensees, partners or shareholders or composed of a phrase or words reasonably descriptive of the type of professional practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.20A - Radiologist assistant performing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Direct supervision" means that a licensed radiologist must be present in the office suite or department and immediately available to furnish assistance and direction throughout the performance of a procedure, but the licensed radiologist is not required to be present in the room when the procedure is performed.
"General supervision" means that a procedure is performed under a licensed radiologist's direction and control, but the licensed radiologist's presence in the office suite or department is not required during the performance of the procedure.
"Licensed radiologist" means a radiologist as the term is defined at N.J.S.A. 26:2D-26.
"Personal supervision" means that the licensed radiologist must be present in the room during the performance of a procedure.
"Radiologist assistant" means a radiologic technologist licensed by the New Jersey Radiologic Technology Board of Examiners who is certified and registered with a national radiologic certifying body approved by the New Jersey Radiologic Technology Board of Examiners and is credentialed to provide primary advanced-level radiology health care under the supervision of a licensed radiologist.
(b) A licensed radiologist may direct a radiologist assistant to perform the tasks set forth at (c) below provided that:
1. The licensed radiologist has personally certified and documented the radiologist assistant's training and competency to perform the task. The documents shall be preserved in the personnel record and retained for at least the duration of such radiologist assistant's employment by or for that licensed radiologist or licensed health care facility;
2. The licensed radiologist is responsible for the choice and ordering of all pharmaceuticals and contrast materials and for the determination of dosage and route of administration;
3. For pediatric patients, the licensed radiologist shall have experience in the performance of the pertinent procedures with such patients; and
4. The licensed radiologist is currently certified in and has verified that the radiologist assistant is currently certified in Advanced Cardiovascular Life Support (ACLS) by the American Heart Association.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.21 - Hair replacement techniques

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used within this section, the following terms have the following meanings unless the content indicates otherwise:
1. "Cosmetic suturing retaining process" means a method of attaching a unit of hair to the scalp via a suturing (retaining) process.
2. "Implanted prolene loop procedure" means a surgical insertion of continuous prolene sutures in and out of the scalp in concentric circles to which a hair weave is attached.
3. "Licensee" means a physician subject to regulation by the New Jersey Board of Medical Examiners.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.22 - Termination of licensee-patient relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
"Emergency care or service" means the provision of medical care or services to an individual in circumstances where the individual's life or health may be threatened or compromised unless timely medical care is provided.
"Licensee" means any person licensed or authorized to engage in a health care profession regulated by the Board of Medical Examiners.
"Licensee-patient relationship" means an association between a licensee and patient wherein the licensee owes a continuing duty to the patient to be available to render professional services consistent with his or her training, experience and current scope of practice.
"Patient" means any person who is the recipient of a professional service rendered by a licensee for purposes of diagnosis, treatment or a consultation relating to treatment.
(b) The licensee-patient relationship shall be deemed to exist where the licensee has provided services to the patient within one year preceding the date on which care is to be terminated or in such other circumstances where a patient has indicated to the licensee that the patient anticipates that the licensee will provide continued professional services to the patient.
(c) In order to terminate a licensee-patient relationship, a licensee shall:
1. Notify the patient, in writing, that the licensee shall no longer provide care to the patient as of a date certain. The notification required by this paragraph shall be made no less than 30 days prior to the date on which care is to be terminated, and shall be made by certified mail, return receipt requested, or other proof of delivery, sent to the patient's last known address;
2. Provide all necessary emergency care or services, including the provision of necessary prescriptions, until the date on which services are terminated. The provision of any such emergency care or services shall not be deemed to manifest any intention to reestablish a licensee-patient relationship; and
3. Comply with all requirements set forth in 13:35-6.5 for access to and transfer of patient records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.23 - Presence of chaperones

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all office settings, a licensee shall provide notice to a patient, or any other person who is to be examined, of the right to have a chaperone present:
1. During breast and pelvic examinations of females; and
2. During genitalia and rectal examinations of both males and females.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.24 - Reporting of communicable diseases by licensees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall report a case of a communicable disease in accordance with Department of Health and Senior Services regulations at N.J.A.C. 8:57-1.
(b) A licensee shall report a case of Acquired Immunodeficiency Syndrome (AIDS) and infection with Human Immunodeficiency Virus (HIV) in accordance with Department of Health and Senior Services regulations at N.J.A.C. 8:57-2.
(c) Failure to report pursuant to the requirements of this section shall constitute professional misconduct subjecting the licensee to disciplinary action by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.26 - Procedures for physician ordered immunizations performed by licensed pharmacists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A New Jersey licensed physician may participate in an immunization program with a licensed pharmacist pursuant to N.J.S.A. 45:14-63 of the Pharmacy Practice Act, provided that the pharmacist is authorized to engage in such activities by the Board of Pharmacy pursuant to N.J.A.C. 13:39-4.21 and 4.21A, and provided the pharmacist administers vaccines and related emergency medications, which shall be limited to diphenhydramine and epinephrine, pursuant to:
1. A prescription for the vaccine, related emergency medications, and pharmacist administration of the vaccine that is patient specific; and/or
2. A physician's standing order for the vaccine, related emergency medications above, and administration instructions that are not patient specific.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.27 - Standards for collaborative practice for drug therapy management with licensed pharmacists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for assessment, care, and treatment of the patient's medical condition for which collaborative drug therapy management is utilized. For purposes of this definition, "ongoing responsibility" means:
1. The physician-patient relationship has existed for at least one year;
2. The physician has seen and/or assessed the patient on at least four visits; or
3. The physician assumes responsibility for providing management and care of the patient's condition after conducting a comprehensive medical history and physical examination.
"Collaborative drug therapy management" means the cooperative management of a patient's drug, biological, and device-related health care needs, pursuant to a written protocol directed on a voluntary basis by a patient's physician with the patient's informed consent, by the patient's physician and a pharmacist who has signed a collaborative practice agreement with the physician.
"Collaborative practice" means that practice whereby one or more physicians have jointly agreed to work in conjunction with one or more pharmacists for the purpose of collaborative drug therapy management of patients.
"Collaborative practice protocol" means a written document that identifies the collaborative drug therapy management actions that a pharmacist is authorized to perform for a patient and that is developed jointly by the pharmacist and the physician, and meets the requirements set forth at (c) below.
"Informed consent" means the written document that is signed by a patient whereby the patient agrees to collaborative drug therapy management by the patient's physician and a pharmacist who has entered into a collaborative practice agreement with the physician.
"Therapeutic interchange" means the substitution and dispensing of a drug chemically dissimilar from the prescription drug originally prescribed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter are established pursuant to 26:6A-1 et seq. ( P.L. 1991, c. 90), the New Jersey Declaration of Death Act, and set forth:
1. Requirements, by specialty or expertise, for physicians authorized to perform a clinical brain death examination and declare death upon the basis of neurological criteria; and
2. Accepted medical standards, including criteria, tests and procedures, to govern declarations of death upon the basis of neurological criteria.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.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.
"Apnea" means the absence of respiration and a terminal PCO2 greater than 60 mmHG or a terminal PCO2 at least 20 mmHg over the initial normal baseline PCO2.
"Brain death" means the irreversible cessation of all functions of the entire brain, including the brainstem.
"Examining physician" means a physician who performs a clinical brain death examination and meets the qualifying criteria set forth at 13:35-6A.3. The term "examining physician" may refer to one or more physicians involved in the clinical brain death examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.3 - Requirements for physicians authorized to declare death on the basis of neurological criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician performing a clinical brain death examination shall be plenary licensed and shall hold the following qualifications, dependent on the age of the patient upon whom a declaration of brain death is to be made:
1. Age below two months: When declarations of brain death are to be made upon children below two months of age, the examining physician shall be a specialist in neonatology, pediatric neurology, pediatric critical care medicine, or pediatric neurosurgery.
2. Age between two months and 12 months: When declarations of brain death are to be made upon children at or above two months of age, and at or below 12 months of age, the examining physician shall be a specialist in pediatric critical care, pediatric neurology or pediatric neurosurgery.
3. Age greater than 12 months: When declarations of brain death are to be made upon patients above 12 months of age, the examining physician shall be duly qualified by training and experience to declare brain death. For purposes of this section, neurologists, neurosurgeons, critical care specialists and trauma surgeons shall be deemed to be duly qualified physicians. In addition, any physician who has been granted privileges by a hospital to declare brain death may serve as the examining physician pursuant to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.4 - Standards for declaration of brain death

Current through Register Vol. 56, No. 14, July 15, 2024
Declarations of brain death shall be made by a physician, meeting the requirements set forth in N.J.A.C. 13:35-6A.3, based upon the exercise of the physician's best medical judgment and in accordance with currently accepted medical standards that are based upon nationally recognized sources of practice guidelines, including, without limitation, guidelines adopted by the American Academy of Neurology.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.5 - Organ donation

Current through Register Vol. 56, No. 14, July 15, 2024
If the person to be declared dead upon the basis of neurological criteria is or may be an organ donor, then the examining physician shall not have any responsibility for any contemplated recovery or transplant of that person's organs, and shall not serve in the capacity of organ transplant surgeon, the attending physician of the organ recipient, or otherwise an individual subject to a potentially significant conflict of interest relating to procedures for organ procurement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.6 - Exemption to accommodate personal religious beliefs

Current through Register Vol. 56, No. 14, July 15, 2024
Death shall not be declared on the basis of neurological criteria if the examining physician has reason to believe, on the basis of information in the patient's available medical records, or information provided by a member of the patient's family or any other person knowledgeable about the patient's personal religious beliefs, that such a declaration would violate the personal religious beliefs of the patient. In these cases, death shall be declared, and the time of death fixed, solely upon the basis of cardio-respiratory criteria.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6A - DECLARATIONS OF DEATH UPON THE BASIS OF NEUROLOGICAL CRITERIA › Section 13:35-6A.7 - Pronouncement of death

Current through Register Vol. 56, No. 14, July 15, 2024
The examining physician shall document the determination of brain death in the patient record and shall sign the chart. The actual pronouncement of death may thereafter be made by the examining physician or any plenary licensed physician acting upon the authorization of the examining physician.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-16et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed by the Board as physicians or podiatrists.
(c) Pursuant to N.J.S.A. 45:1-62, a physician or podiatrist 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 6B - TELEMEDICINE › Section 13:35-6B.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to, or from, an originating site or to, or from, the licensee at a distant site, which allows for the patient to be evaluated without being physically present.
"Board" means the New Jersey Board of Medical Examiners.
"Cross-coverage" means a licensee engages in a remote medical evaluation of a patient, without in-person contact, at the request of another licensee who has established a proper licensee-patient relationship with the patient.
"Distant site" means a site at which a licensee is located while providing health care services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Board as a physician or podiatrist.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the licensee has temporarily assumed responsibility, as designated by the patient's primary care licensee or other health care provider of record.
"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.
"Proper licensee-patient relationship" means an association between a licensee and patient wherein the licensee owes a duty to the patient to be available to render professional services consistent with his or her training and experience, which is established pursuant to the requirements of N.J.A.C. 13:35-6B.4.
"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, including supportive mental health services, using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care licensee who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.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 health care 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 6B - TELEMEDICINE › Section 13:35-6B.4 - Licensee-patient relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:
1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. A licensee may also use a patient's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and board certifications.