reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Activities of daily living" means the functions or tasks for self-care, which are performed either independently or with supervision or assistance. Activities of daily living include mobility, transferring, walking, grooming, bathing, dressing, undressing, eating, and toileting.
"Board" means the Board of Nursing.
"CHHA" means a certified homemaker-home health aide who is employed by a home care services agency and who, under supervision of a registered professional nurse, follows a delegated nursing regimen or performs tasks that are delegated .
"Community health nursing" means professional nursing practice emphasizing health promotion, health maintenance, primary prevention, health education and management, coordination of health care services, and continuity of care for individuals, families, and groups in the community. "Community health nursing" includes home visits to assess, plan for, and provide nursing services; health guidance and direct care; and coordination of services with community resources, families, and other health professionals and paraprofessionals.
"Full-time" means that a person has worked at least 1,820 hours in a year.
"Home care services agency" means home health agencies, assisted living residences, comprehensive personal care homes, assisted living programs, or alternate family care sponsor agencies licensed by the Department of Health pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), nonprofit homemaker-home health aide agencies, and health care service firms regulated by the Division of Consumer Affairs pursuant to P.L. 1989, c. 331 (N.J.S.A. 34:8-43 et seq.) and P.L. 1960, c. 39 (N.J.S.A. 56:8-1 et seq.), which are engaged in the business of procuring or offering to procure employment for homemaker-home health aides, where a fee may be exacted, charged, or received directly or indirectly for procuring or offering to procure that employment.
"Home-making activities" means the functions and tasks that a CHHA may be asked to perform by the patient, the patient's family, or a delegating registered professional nurse that are necessary to provide the patient with an appropriate therapeutic environment and comfort at home, including shopping, errands, laundry, meal planning and preparation, including therapeutic diets, serving of meals, and child care.
" Part-time" means that a person has worked at least 1,040 hours in a year, but has not worked enough hours to qualify as "full-time."
"Program coordinator" means the nurse responsible for the training program curriculum.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.3 - Duties of a homemaker-home health aide; registered professional nurse delegation and direction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) (Reserved)
(b) A CHHA may perform home-making activities, as requested or assigned by the patient, the patient's family, or a registered professional nurse responsible for the patient's care.
(c) When a CHHA is assigned to a patient that has already been assessed by a registered professional nurse, the registered professional nurse shall review the nursing plan of care with the CHHA. The registered professional nurse and CHHA shall meet face-to-face, if the registered professional nurse determines that the CHHA is not yet adequately prepared to perform the tasks that he or she would perform for the patient pursuant to a delegation from the registered professional nurse, so that the registered professional nurse may provide instruction to the CHHA as to the manner in which the tasks shall be performed.
(d) A CHHA shall review the plan of care with a delegating registered professional nurse after the assessment has been conducted and a plan of care developed and whenever changes have been made to the plan of care by the registered professional nurse.
(e) A CHHA shall administer medications only if:
1. A registered professional nurse delegates the administration of a specific medication to the CHHA pursuant to 13:37-6.4(c);
2. The delegating registered professional nurse documents in the nursing plan of care and in the patient record kept by the CHHA's home care services agency:
i. The specific medication whose administration has been delegated;
ii. Any specific instruction the registered professional nurse provided to the CHHA as part of that delegation;
iii. The duration of the delegation;
iv. A timeframe for the professional registered nurse to reevaluate the patient;
v. The dosage of the medication, route of administration for the medication, and frequency of the medication;
vi. Any side effects that the CHHA should watch for;
vii. Any contraindications to administering the medication;
viii. Any conditions that would require the CHHA to contact the registered professional nurse;
ix. Any instructions on positioning of the patient prior to and after the administration of the medication; and
x. The instructions for proper preparation and maintenance of the medication;
3. The CHHA shall document every time that he or she administers medications; and
4. The CHHA shall report immediately to the delegating registered professional nurse or his or her registered professional nurse designee if:
i. The medication was administered at the wrong time;
ii. The wrong dose of medication was administered;
iii. The wrong medication was administered;
iv. The medication was administered through the wrong route;
v. The medication was not administered;
vi. The patient refused to take the medication; or
vii. The patient evidences any adverse reaction or side-effects to the medication.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.4 - CHHA training program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency or educational institution shall apply to the Board pursuant to 13:37-14.6 for written approval to conduct a CHHA training program prior to the commencement of the training program. Program approval shall be valid for a 12-month period.
(b) A CHHA training program shall be conducted by a home care services agency or an educational institution approved by the New Jersey State Department of Education or the Commission on Higher Education.
(c) A CHHA training program shall consist of at least 76 hours. The program shall include 60 hours of classroom instruction and 16 hours of clinical instruction in a skills laboratory or patient care setting, covering topics outlined in (g) below and 13:37-14.5.
(d) The student-to-instructor ratio for classroom instruction shall not exceed 30 students to one classroom instructor.
(e) Classroom and clinical instruction shall be taught by an individual who meets the requirements of 13:37-14.8(a) and (b).
(f) The student-to-instructor ratio for clinical instruction shall not exceed 10 students to one clinical instructor.
(g) The curriculum for a CHHA training program shall include instruction in:
1. The role of unlicensed assistive personnel in nursing care settings, including:
i. Long term care, acute care, subacute, outpatient services, rehabilitation centers, home care agencies, assisted living and hospice;
ii. The role, responsibilities and scope of practice of the registered nurse;
iii. The role, responsibilities and scope of practice of the licensed practical nurse;
iv. The role and responsibilities of the unlicensed assistive personnel; and
v. Legal and ethical considerations for the unlicensed assistive personnel, such as client rights, confidentiality, accountability, legal documentation, eligibility, reporting physical, mental, verbal, emotional and financial abuse, and maintenance of certification including necessity for unlicensed assistive personnel to complete a course, competency testing and criminal background checks;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.5 - Home care and hospice care training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the curriculum training requirements of 13:37-14.4(g), the training program for a CHHA in home care or hospice care shall include instruction in:
1. The role of the CHHA, including:
i. Settings utilizing CHHAs;
ii. Role of the CHHA; and
iii. Legal and ethical considerations for the CHHA;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.6 - Application for CHHA training program approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A training program that seeks Board approval shall submit the following to the Board at least two months prior to the commencement of the training program:
1. A completed application for training program approval. The application form includes:
i. The name and address of the agency or school;
ii. The course dates and location;
iii. The anticipated number of students;
iv. The name and address of the program coordinator; and
v. If the program is conducted by a home care services agency, the agency's license or registration number issued by the Department of Health or the Division of Consumer Affairs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.7 - Program coordinator; qualifications and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CHHA training program shall be coordinated by a registered professional nurse licensed in New Jersey who:
1. Holds a bachelor's or higher degree in nursing; and
2. Has worked either:
i. Full-time for a total of two years as a registered professional nurse within the five-year period immediately preceding application, one year of which shall have been in community health nursing or home care; or
ii. Part-time for a total of four years as a registered professional nurse within the five-year period immediately preceding application, two years of which shall have been in community health nursing or home care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.8 - Program instructor: qualifications and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Classroom and clinical instruction in a CHHA training program shall be provided by a registered professional nurse licensed in New Jersey who has worked either:
1. Full-time for two years as a registered professional nurse within the past five years, one year of which shall have been in community health or home care; or
2. Part-time for four years as a registered professional nurse within the past five years, two years of which shall have been in community health or home care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.9 - Application for CHHA certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for certification as a CHHA shall submit the following to the Board:
1. Evidence that the applicant satisfactorily completed a CHHA training program approved by the Board, including the competency evaluation examination required by 13:37-14.4(j);
2. Evidence that the applicant has completed the education requirements of (b) below;
3. A completed Criminal History Certification of Authorization form for the applicant;
4. Proof that the applicant is employed, or will be employed, by a home care services agency; and
5. The application fee and initial certification fee as set forth in 13:37-5.5(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.10 - Competency examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon successful completion of an approved training program, the applicant shall register for the next scheduled administration of the competency examination administered by the Board or a Board-approved testing service.
(b) The applicant may be employed by a home health care agency under the supervision of a registered professional nurse while waiting to take the next scheduled administration of the competency examination.
(c) The competency examination shall be an examination administered by the Board of Nursing or a Board-approved testing service at least four times a year.
(d) The passing score on the examination shall be established and reviewed annually by the Board.
(e) An individual who fails the competency examination may retake the examination provided that he or she registers for the next scheduled administration of the examination.
(f) An individual awaiting the next scheduled administration of the examination in accordance with (e) above may continue to be employed by a home health care agency under the supervision of a registered professional nurse.
(g) If the individual fails in the second attempt to pass the examination, he or she shall successfully complete another homemaker-home health aide training program approved by the Board before taking the examination again. This individual shall not be employed as a homemaker-home health aide until he or she passes the examination.
(h) Upon application to the Board, an individual may satisfy the examination requirement for certification as a homemaker-home health aide by passing an oral competency evaluation in English or Spanish.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.11 - Certification by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application, application fee, promise of employment letter from a New Jersey home care services agency, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue certification as a CHHA to any person who documents that he or she holds a valid, current CHHA certification in good standing issued by another state, if:
1. The Board determines that the state that issued the certification has or had at the time of issuance, education, training, and examination requirements for certification substantially equivalent to the current standards of this State;
2. The applicant has been practicing as a CHHA for a period of at least six months within the five years prior to the date of application; and
3. The requirements of (b) below are satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.12 - Identification tags

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every CHHA shall wear an identification tag at all times while providing care to patients. The identification tag shall be clearly visible at all times and shall include the CHHA's first name or initial, the full surname, the words "homemaker-home health aide" and a photograph of the individual pursuant to P.L. 2002, c. 81. The letters on the tag shall be of equal size, in type not smaller than one-quarter inch. The size of the identification tag shall be equal to or greater than that of any other identification worn by the CHHA.
(b) In order to protect his or her personal safety, or to prevent the substantial invasion of his or her privacy, or to prevent the identification tag from causing physical harm to a patient, a CHHA may request an exemption from the requirements of (a) above. Such requests for an exemption shall be made by the CHHA in writing to the Board and shall set forth the reasons why wearing the tag would endanger the aide's personal safety, substantially invade the aide's privacy, or physically harm a patient.
(c) The exemption set forth in (b) above shall not apply to a CHHA providing home-based services for a registered health care service firm who is required to wear an identification tag pursuant to N.J.S.A. 34:8-79.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.13 - Renewal of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each CHHA, at least 60 days prior to the expiration of the certification. The notice of renewal shall explain inactive renewal and advise the CHHA of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the CHHA for failure to renew provided that the certification is renewed within 60 days from the date the notice is sent or within 30 days following the date of certification expiration, whichever is later.
(b) A CHHA shall renew his or her certification for a period of two years from the last expiration date. The CHHA shall submit a renewal application to the Board, along with the renewal fee set forth in 13:37-5.5(b), prior to the date of certification expiration.
(c) A CHHA may renew his or her certification by choosing inactive status. A CHHA electing to renew his or her certification as inactive shall not practice as a CHHA, or hold him- or herself out as eligible to practice as a CHHA, in New Jersey until such time as the certification is returned to active status.
(d) If a CHHA does not renew the certification prior to its expiration date, the CHHA may renew the certification within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in 13:37-5.5(b). During this 30-day period, the certification shall be valid and the CHHA shall not be deemed practicing without certification.
(e) A CHHA who fails to submit a renewal application within 30 days of certification expiration shall have his or her certification suspended without a hearing.
(f) An individual who practices as a CHHA with a suspended certification shall be deemed to be engaging in the uncertified practice and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.14 - Certification reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CHHA who holds an inactive certification pursuant to 13:37-14.13(c)  may apply to the Board for reactivation of certification. A CHHA seeking reactivation of an inactive certification shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period of inactive certification, which includes the names, addresses, and telephone number of each employer;
3. The renewal fee for the biennial period for which reactivation is sought as set forth in 13:37-5.5(b); and
4. Proof that the person is employed by, or has a promise of employment from, a home care services agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.15 - Certification reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 45:1-7.1.c, an individual who has had his or her certification suspended pursuant to N.J.A.C 13:37-14.13(e) may apply to the Board for reinstatement. An individual applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended certification, which includes the names, addresses, and telephone number of each employer;
3. The renewal fee for the biennial period for which reinstatement is sought as set forth in 13:37-5.5(b);
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought as set forth in 13:37-5.5(b);
5. The reinstatement fee set forth in 13:37-5.5(b); and
6. Proof that the person is employed by, or has a promise of employment from, a home care services agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.16 - Duties and powers of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may deny, revoke, or suspend a CHHA training program approval if the program coordinator has failed to comply with N.J.S.A. 45:11-20 et seq., or the requirements of this subchapter.
(b) The Board may investigate complaints made against a training program, program coordinator, or CHHA and may conduct inquiries in connection with such complaints.
(c) The Board may suspend or revoke the certification of a CHHA who has violated any provisions of N.J.S.A. 45:11-20 et seq., or the requirements of this subchapter.
(d) Any Board action set forth in N.J.S.A. 45:1-21 and 22 shall take place only upon notice and the opportunity for a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 14 - HOMEMAKER-HOME HEALTH AIDES › Section 13:37-14.18 - Power of attorney; financial misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certified homemaker-home health aide shall not have power of attorney over a client or former client.
(b) A certified homemaker-home health aide shall not accept a monetary loan from a client or former client.
(c) Any time a certified homemaker-home health aide is given money in an amount greater than $ 50.00, or a gift valued at greater than $ 50.00, directly by a client, a client's family, or a client's guardian, the certified homemaker-home health aide must document:
1. The amount of money or value of the gift;
2. The date the gift was provided; and
3. The name and signature of the client, client's family member, or client's guardian who provided the gift.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 13:37A-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to implement the provisions of P.L. 2007, c. 337 (45:11-53 et seq.), which created the New Jersey Board of Massage and Bodywork Therapy.
(b) This chapter shall apply to all applicants who seek licensure by the Board as a massage and bodywork therapist and to all persons who are licensed by the Board as massage and bodywork therapists in this State.
(c) This chapter does not apply to any person who is:
1. Licensed to practice in this State under any other law and is practicing or using titles consistent with the practice for which he or she is licensed;
2. A student enrolled in a program of massage and bodywork therapies, which meets the requirements of 13:37A-2.1 when that student is performing massage and bodywork therapies that are necessary to his or her course of study;
3. Licensed, certified, or registered to practice massage and bodywork therapy in another state or the District of Columbia if that person is performing massage and bodywork therapy in this State for 45 days or less in a calendar year and no more than 30 days in any 60 consecutive-day period;
4. Manipulating the soft tissue of the human body contained on hands, feet, or ears, as long as the client receiving such services does not remove any clothing other than shoes or socks;
5. A teacher who is demonstrating massage and bodywork techniques while teaching a class or workshop. If such a teacher is a resident of a state or possession of the United States, which requires a license in order to practice massage and bodywork therapies, or is a resident of the District of Columbia, he or she shall be licensed in that state or possession or in the District of Columbia; and
6. Using touch, words, and directed movement to deepen awareness of existing patterns of movement in the body, or to suggest new possibilities of movement provided that these services are not designated or implied to be massage and bodywork therapy and the client receiving such services is fully clothed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 13:37A-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:
"Act" means the Massage and Bodywork Therapist Licensing Act, 45:11-53 et seq. and 45:11-68 et seq.
"Board" means the New Jersey Board of Massage and Bodywork Therapy.
"Employer" means a person seeking to obtain individuals to perform services, tasks, or labor for which a salary, wage, or other compensation or benefits are to be paid.
" FSMTB" means the Federation of State Massage Therapy Boards.
"License" means the document, issued by the Board, which authorizes a person to practice massage and bodywork therapies pursuant to the Act.
"Licensee" means any person who holds a license from the Board as a massage and bodywork therapist.
"Massage and bodywork therapies" or "massage and bodywork" means systems of activity of structured touch offered or provided to the public that includes holding, applying pressure, positioning, and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory, and palpating skills to assess the body for purposes of applying therapeutic massage or bodywork principles. Such application may include the use of therapies such as heliotherapy or hydrotherapy, the use of moist, hot, and cold external applications, explaining and describing myofascial movement, self-care, and stress management as it relates to massage and bodywork therapies. Massage and bodywork therapy practices are designed to affect the soft tissue of the body, including practices of structured touch of the soft tissues that affect energy fields of the body, for the purpose of promoting and maintaining the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment, or disability.
"NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.
"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 2 - LICENSURE › Section 13:37A-2.1 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure shall qualify for licensure by:
1. Successfully completing a course of study of at least 500 hours in massage and bodywork therapies; and
2. Successfully passing either:
i. An examination offered by NCBTMB;
ii. The NCCAOM Asian Bodywork Therapy examination; or
iii. The Massage and Bodywork Licensing Examination (MBLEx) offered by the FSMTB.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 2 - LICENSURE › Section 13:37A-2.2 - Licensure by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who holds a valid, current 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 massage and bodywork therapy for a period of at least three years within the five years prior to the date of application; and
3. The requirements of (b) below are satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 2 - LICENSURE › Section 13:37A-2.2A - 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; and
2. Two years have elapsed since the first notice to the applicant was sent by the Board informing him or her 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 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 2 - LICENSURE › Section 13:37A-2.3 - Renewal of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant shall attest that the continuing education requirements of N.J.A.C. 13:37A-4.1 have been completed during the prior biennial period and that the applicant is currently certified in CPR and use of an automated external defibrillator (AED) from courses offered by the American Heart Association or a substantially similar course approved or offered by the American Red Cross, the National Safety Council, Coyne First Aid, Inc., the American Safety and Health Institute, EMP International Inc., or EMS Safety Services Inc.
(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board, at least 60 days prior to the expiration of the license. 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 any unlicensed practice during the period following the licensure expiration, 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.
(c) The licensee shall submit the renewal application and pay the renewal fee pursuant to N.J. A.C. 13:37A-7.1 prior to the date of expiration of the license.
(d) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew as inactive shall not engage in the practice of massage and bodywork therapy, or hold him- or herself out as eligible to engage in the practice of massage and bodywork therapy, in New Jersey until such time as the license is returned to active status.
(e) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:37A-7.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.
(f) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(g) Individuals who continue to practice or hold themselves out as State-licensed massage and bodywork therapists with a suspended license shall be deemed to be engaging in the unlicensed practice of massage and bodywork therapy and shall be subject to action consistent with N.J.S.A. 45:1-14et seq., even if no notice of suspension had been provided to the person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 2 - LICENSURE › Section 13:37A-2.4 - 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. 13:37A-2.3(d) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period of inactive license, which includes the name, address, and telephone number of each employer;
3. The active renewal fee set forth in N.J.A.C. 13:37A-7.1; and
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth in N.J.A.C. 13:37A-4.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 2 - LICENSURE › Section 13:37A-2.5 - License reinstatement

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. 13:37A-2.3(f) 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 name, address, and telephone number of each employer;
3. The renewal fee set forth in N.J.A.C. 13:37A-7.1for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth in N.J.A.C. 13:37A-7.1; and
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth in N.J.A.C. 13:37A-4.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.1 - Scope of practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall practice only those methods of massage and bodywork therapy that:
1. The licensee learned during his or her initial training as outlined in 13:37A-2.1 or 2.5;
2. The licensee learned during a course offered by:
i. A provider approved by the NCBTMB, NCCAOM, American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), FSMTB, American Nurse Credentialing Center (ANCC), American Organization for Bodywork Therapies of Asia (AOBTA), American Polarity Therapy Association (APTA), American Physical Therapy Association (APTA), American Medical Association (AMA), International Association of Structural Integrators (IASI), Ida P. Rolf Research Foundation, a state board of massage, a state board of massage and bodywork, a state board of physical therapy, or a state board of chiropractic;
ii. A school that is approved by an agency recognized by the United States Department of Education; or
iii. A school that is accredited or approved by the New Jersey Department of Education, the New Jersey Department of Labor and Workforce Development, the New Jersey Commission on Higher Education, or an agency of another state with requirements substantially similar to the requirements of the New Jersey Department of Education, the New Jersey Department of Labor and Workforce Development, or the New Jersey Commission on Higher Education; or
3. The licensee developed and which are taught, or have been taught, in a course offered by a provider approved by the NCBTMB, NCCAOM, AMTA, ABMP, FSMTB, ANCC, American Organization for Bodywork Therapies of Asia (AOBTA), American Polarity Therapy Association (APTA), American Physical Therapy Association (APTA), AMA, IASI, Ida P. Rolf Research Foundation, a state board of massage, a state board of massage and bodywork, a state board of physical therapy, or a state board of chiropractic.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.2 - Infection control precautions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall wash hands and any part of his or her body that comes in contact with a client's body with liquid disinfectant soap and water, or hand sanitizer, in the following instances:
1. Before and after providing massage and bodywork therapies for each client; or
2. Immediately upon contact with blood, body fluids, secretions, or any item that has touched a patient or that has been contaminated with blood, bodily fluids, or secretions, not including sweat.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.3 - Designations for licensed persons, prohibitions on unlicensed persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An active licensee shall use the titles "licensed massage and bodywork therapist" or "licensed massage therapist" or the acronyms "LMBT" or "LMT."
(b) Unless actively licensed pursuant to the provisions of this chapter, no person or business entity shall use:
1. The titles "massage and bodywork therapist" or "licensed massage and bodywork therapist";
2. Any title or designation that includes the words "massage," "bodywork," "masseur," "masseuse," "shiatsu," "acupressure," "accupressure," "accu-pressure," "nuad bo'rarn," "amma," "anma," "chi nei tsang," "tuina," "polarity educator," "polarity therapist," "polarity therapy," or "polarity practitioner;" or
3. The abbreviations "AB," "ABT," "BT," "CMT," "CMBT," "COBT," "LABT," "LBT," "LMBST," "LMBT," "LMT," "LOBT," "MBST," "MBT," "MP," "MT," "OB," or "RPP."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.4 - Display of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall display their license in view of clients whenever providing massage and bodywork services in their place of business or office.
(b) Whenever licensees provide massage and bodywork services outside of their place of business or office they shall produce their licenses for clients or other members of the public upon request.
(c) A licensee shall display either the original license or a duplicate license obtained from the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.6 - Change in address of record or name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall notify the Board in writing within 30 days of changes to:
1. The licensee's address of record. Service to the address of record registered with the Board shall constitute effective notice pursuant to 13:45-3.2; or
2. The licensee's legal name. Notification of a name change shall include a copy of the marriage license or a court order that authorized the legal name change.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.7 - Patient acknowledgement

Current through Register Vol. 56, No. 14, July 15, 2024
Prior to providing an initial service to a client, a licensee shall have the client read and sign a patient acknowledgement form, which includes the following statement:
"Massage and bodywork therapy practices are designed to promote and maintain the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment or disability. If I experience any pain or discomfort during this session, I will immediately inform the therapist so that the pressure and/or manipulations may be adjusted to my level of comfort. Because massage and bodywork therapy may be contraindicated due to certain medical conditions, I affirm that I have informed the therapist of all my known medical conditions and will keep the therapist updated as to any changes in my medical condition."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.8 - Reporting of misconduct

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 Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., 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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.9 - Duty to report

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.
"Conviction" means a judgment of conviction entered following plea agreement or trial on an arrest, indictment, accusation, or bill of particulars in a state or Federal criminal proceeding, or the resolution of such charges, whether by a plea of no contest or
nolo contendere
or by pre-trial diversion program.
"Disciplinary order" means a disposition suspending or revoking licensure privileges or imposing civil penalties or ordering the restoration of money or ordering corrective action or medical or other professional treatment or monitoring, or censuring or reprimanding a licensee.
"Licensing authority" means any professional or occupational licensing board charged with granting, suspending, or revoking licensure or certification privileges.
"Medical condition" includes physiological, mental, or psychological conditions or disorders, such as, but not limited to, orthopedic, visual, speech, or hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional or mental illness, specific learning disabilities, HIV disease, tuberculosis, drug addiction, and alcoholism.
(b) A licensee shall provide notice to the Board in writing within 10 days regarding any of the following:
1. If the licensee is incapable, for medical condition or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety, and welfare;
2. Pending or final actions by criminal authorities for violations of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense pursuant to the laws of the United States, this State, or another state, including, but not limited to, being indicted or convicted of a crime involving moral turpitude or a crime adversely relating to his or her practice;
3. Being named as a defendant or respondent in a civil, criminal, or administrative investigation, complaint, or judgment involving alleged malpractice, negligence, or misconduct relating to his or her practice;
4. Actions by an employer grounded, in whole or in part, upon client care concerns that actions condition, curtail, limit, suspend, or revoke employment;
5. Disciplinary actions by state licensing authorities including, but not limited to, being 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;
6. Actions by the Department of Health; or
7. Actions by professional review organizations or utilization review organizations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 3 - PROFESSIONAL PRACTICE › Section 13:37A-3.10 - Client age

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a client is under the age of 18, a licensee shall provide massage and bodywork services only when the client's parent or legal guardian has provided written consent to the licensee providing services to the client.
(b) If a client is under the age of 16, a licensee shall provide massage and bodywork services only when the client's parent or legal guardian is in the room while services are being provided.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37A - NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:37A-4.1 - Continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon biennial license renewal, licensees shall attest that they have completed courses of continuing education of the types and number of credit hours specified in (b), (c), (d) and (e) below and 13:37A-4.2. Falsification of any information submitted on the renewal application may require an appearance before the Board and may subject a licensee to penalties and/or suspension or revocation of the license pursuant to 45:1-21 through 25.
(b) Each applicant for biennial license renewal shall be required to complete during the preceding biennial period 20 credit hours of continuing education related to the practice of massage and bodywork therapy, except as provided in (d) below. These 20 credit hours shall include at least two hours in ethics and one hour in the laws and rules pertinent to the practice of massage and bodywork therapy, specifically, N.J.S.A. 45:11-53et seq., and this chapter. Courses that are related solely to the business practices of licensees and courses in practices in which licensees are prohibited from engaging pursuant to N.J.A.C. 13:37A-3.1(b) shall not satisfy continuing education requirements.
(c) Licensees shall be limited to completing a total of six credit hours through courses presented on-line or through DVDs.
(d) A licensee who is licensed in the second year of a biennial renewal period shall be required to complete 10 credit hours of continuing education, of which at least two hours shall be in ethics.
(e) A licensee who completes more than the minimum continuing education credit hours set forth in (b) or (d) above in any biennial registration period may carry no more than 18 of the additional credit hours into a succeeding biennial period. A licensee who carries over credits into a biennial period shall complete, during that biennial period, at least two hours of ethics.