reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 7 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44H-7.3 - Fees for services; client notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee providing orthotic, prosthetic or pedorthic services shall prepare and maintain a written list of current fees for standard services and, upon request, shall provide the list to clients.
(b) The licensee shall include all of the following information on the list:
1. The current fees for standards services;
2. Whether the licensee is a participating Medicare provider; and
3. Insurance plans in which the licensee participates.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 7 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44H-7.4 - Professional interactions with clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall advise the patient, in terms which the client can understand, of the nature and purpose of the services to be rendered.
(b) A licensee shall advise the patient of the techniques for use and care of a prescribed device.
(c) (Reserved)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 7 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44H-7.5 - Prohibition on solicitation; unlawful referrals and kickbacks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not pay, offer to pay or receive any fee or other form of compensation for referral of a client for professional services or for the purchase of goods.
(b) A licensee shall not participate in the division of fees for professional services other than among other licensees engaged in a bona fide partnership or professional service corporation or employment relationship.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 7 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44H-7.6 - State office

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to 45:12B-20, every licensee shall maintain an office in New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
"Advertisement" means 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 purchase services, treatment or goods related thereto from a Board licensee.
"Electronic media" includes, but is not limited to, radio, television, telephone, facsimile machine, computer or other electronic means of communication.
"Print media" includes, but is not limited to, business cards, newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, direct mail, matchbook covers, and other items and publications, the context of which is disseminated by means of the printed word.
"Range of fees" means a statement of fees containing an upper and lower limit on the fees charged for services or goods offered by a licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.2 - Advertising; general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall be able to substantiate the truthfulness of any material, objective assertion or representation set forth in an advertisement when requested by the Board to do so.
(b) A licensee who is a principal, partner or officer of a firm or entity identified in an advertisement as offering services or goods shall be responsible for the form and content of any advertisement disseminated by or on behalf of a licensee affiliated with the firm.
(c) A licensee shall assure that an advertisement disseminated by or on behalf of the licensee does not misrepresent, mislead, suppress, deceive, omit or conceal a material fact.
(d) A licensee shall not omit, suppress or conceal a material fact, including, directly or indirectly, obscuring a material fact, under circumstances which the licensee knows, or should know is improper or prevents a prospective client from making a full and informed judgment on the basis of the information set forth in the advertisement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.3 - Minimum content of advertisements and professional representations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall include the following information in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory as well as on business cards and professional stationery:
1. Name, identification of licensure and licensee number of at least one principal of the corporation; and
2. The street address and telephone number of the practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.4 - Use of professional credentials and certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall accurately and objectively represent his or her competence, education, training and experience.
(b) An advertisement which includes information on professional credentials shall contain the highest academic degrees or certifications attained related to the regulated practice of orthotics, prosthetics, or prosthetic-orthotics and shall refer only to degrees obtained from academic institutions accredited by a national or regional accrediting agency recognized by the United States Department of Education.
(c) An advertisement which includes information on orthotic, prosthetic, prosthetic-orthotic or pedorthic certification shall include the full name of the agency conferring the certification or the recognized name or abbreviation of the certification.
(d) In addition to the information required to appear pursuant to (b) and (c) above, letters or abbreviations which may appear immediately adjacent to the name of an orthotist, prosthetist, prosthetist-orthotist, orthotist assistant, prosthetist assistant, prosthetist-orthotist assistant or pedorthist shall be limited to those representing the following:
1. The highest academic degrees earned related to the practice of orthotics, prosthetics, prosthetic-orthotics or pedorthics; and
2. Other licenses or certifications issued by another state or Federal agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.5 - Advertisements regarding fees; required disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertisements regarding fees shall be limited to those which contain a fixed or a stated range of fees for specifically described professional services.
(b) A licensee shall include the following disclosures in advertisements referring to fees:
1. All relevant and material variables and considerations which are ordinarily included in the advertised services so that the fee will be clearly understood by prospective clients. In the absence of such disclosures, the stated fees shall be presumed to include everything ordinarily required for the advertised services;
2. Any additional services contemplated and the fee to be charged therefor. In the absence of such disclosures, the licensee shall be prohibited from charging an additional fee for the advertised service; and
3. The period during which the advertised fee will remain in effect. In the absence of such disclosure, the advertisement shall be deemed to be effective for 30 days from the date of its initial publication.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.6 - Prohibited types or methods of advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not guarantee that satisfaction or a cure will result from the performance of professional services.
(b) A licensee shall not offer a professional service which the orthotist, prosthetist, prosthetist-orthotist, orthotist assistant, prosthetist assistant, prosthetist-orthotist assistant or pedorthist knows, or should know, is beyond his or her ability to perform.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.7 - Use of testimonials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An advertisement containing a lay or expert testimonial shall be based upon the testimonial-giver's personal knowledge or experience obtained from a client-provider relationship with the licensee.
(b) Prior to using the testimonial, the licensee shall obtain a signed, notarized statement and release indicating the testimonial-giver's willingness to have his or her testimonial used it the advertisement.
(c) A layperson's testimonial shall not attest or comment upon any technical matter beyond the layperson's competence.
(d) An expert testimonial shall be rendered only by an individual possessing specialized expertise sufficient to allow the rendering of a bona fide statement or opinion.
(e) A licensee shall be able to substantiate any objective, statement of fact appearing in a testimonial. The failure to do so, if required by the Board, may be deemed professional misconduct by the Board.
(f) Where an advertiser directly or indirectly provides compensation to a testimonial-giver, the fact of such compensation shall be conspicuously disclosed in a legible and readable manner in any advertisement in the following language or its substantial equivalent:
"COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 8 - ADVERTISING › Section 13:44H-8.8 - Retention of advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall retain, for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print media as well as a video or audio tape of every advertisement communicated by telephonic or electronic media. The orthotist, prosthetist, prosthetist-orthotist, orthotist assistant, prosthetist assistant, prosthetist-orthotist assistant or pedorthist shall indicate on all advertisements in his or her possession the date, name and place of publication.
(b) Documentation relating to the use of testimonials shall be retained for a period of three years from the date of last use of the testimonial. Documentation shall include, but not be limited to:
1. The name, address and telephone number of the testimonial-giver;
2. The type and amount or value of compensation; and
3. The notarized statement and release required pursuant to 13:44H-8.7(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 9 - CLIENT RECORDS › Section 13:44H-9.1 - Preparation and maintenance of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall prepare and maintain for each client a contemporaneous, permanent client record which accurately reflects the client contact with the orthotist, prosthetist, prosthetist-orthotist, orthotist assistant, prosthetist assistant, prosthetist-orthotist assistant or pedorthist, whether in an office, hospital or other evaluation or consultation setting.
(b) A licensee shall include at least the following information in the client record:
1. The client name (on each page of the record), address and telephone number;
2. The location and dates of all treatment, evaluation or consultation settings;
3. The identity of each provider of treatment, evaluation or consultation and the supervisor, if any;
4. The presenting situation;
5. The name and address of the referring physician, podiatrist or dentist;
6. All prescriptions relevant to the client;
7. A treatment or service plan;
8. Contemporaneous progress notes for each session;
9. Fees charged and paid unless a separate financial record is kept; and
10. The name of the manufacturer of any devise not made by the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 9 - CLIENT RECORDS › Section 13:44H-9.2 - Release of client record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall provide the client record within 15 days of the request of, and directly to, the client, the client's guardian or any other party designated by the client or the client's guardian.
(b) A licensee may require that a record request be made in writing and may charge a fee for the reproduction of records, which shall be no greater than $ 1.00 per page or $ 100.00 for the entire record, whichever is less. (If the record requested is less than 10 pages, the licensee may charge up to $ 10.00 to cover postage and the miscellaneous costs associated with retrieval of the record.)
(c) A licensee shall not charge a fee for completion of health insurance claim forms.
(d) A licensee may charge a reasonable fee for completion of reports required for third-party reimbursement of client treatment expenses or for use in judicial proceedings.
(e) When a report is needed to enable a client to receive ongoing care by another practitioner or for use in judicial proceedings, a licensee shall not require advance payment as a condition for releasing the report; except that a licensee may require advance payment for release of a report prepared by the licensee, for use by the licensee as an expert witness on behalf of the client.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 10 - FEES › Section 13:44H-10.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Orthotics and Prosthetics Board of Examiners:
1.
Application fee...................................
$ 125.00
2.
Initial license fee for orthotist, prosthetist and
prosthetist-orthotist:
i. If paid during the first year of the biennial
renewal period.................................
$ 410.00
ii. If paid during the second year of the biennial
renewal period................................
$ 205.00
3.
Initial license fee for orthotist assistant,
prosthetist assistant and prosthetist-orthotist
assistant:
i. If paid during the first year of the biennial
renewal period.................................
$ 210.00
ii. If paid during the second year of the biennial
renewal period................................
$ 105.00
4.
Initial license fee for pedorthists...............
$ 150.00
5.
Biennial license renewal for orthotist, prosthetist
and prosthetist-orthotist.........................
$ 410.00
6.
Biennial license renewal orthotist assistant,
prosthetist assistant and prosthetist-orthotist
assistant.........................................
$ 210.00
7.
Biennial license renewal pedorthist...............
$ 150.00
8.
Temporary license.................................
$ 175.00
(one-year expiration)
9.
Late renewal......................................
$ 100.00
10.
Reinstatement fee................................
$ 150.00
11.
Written verification of licensure.................
$ 25.00
12.
Duplicate or replacement of renewal certificate...
$ 25.00
13.
Duplicate or replacement of wall license..........
$ 40.00
14.
Continuing education sponsor fee..................
$ 100.00
15.
Inactive license fee (to be established by the
Board by rule)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et 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 orthotists, orthotist assistants, pedorthists, prosthetists, prosthetist assistants, prosthetist-orthotists, and prosthetist-orthotist assistants.
(c) Pursuant to N.J.S.A. 45:1-62, an orthotist, orthotist assistant, pedorthist, prosthetist, prosthetist assistant, prosthetist-orthotist, or prosthetist-orthotist assistant must hold a license or certificate 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 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to or from an originating site or to or from the licensee at a distant site, which allows for the patient to be evaluated without being physically present.
"Board" means the Orthotics and Prosthetics Board of Examiners.
"Cross-coverage service" means a licensee who engages in a remote medical evaluation of a patient, without in-person contact, at the request of another licensee who has established a proper licensee-patient relationship with the patient.
"Distant site" means a site at which a licensee is located while providing health care services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Board as an orthotist, orthotist assistant, prosthetist, prosthetist assistant, prosthetist-orthotist, or prosthetist-orthotist assistant, or an individual certified as a pedorthist.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the licensee has temporarily assumed responsibility, as designated by the patient's primary care licensee or other health care provider of record.
"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.).
"Telemedicine" means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care licensee who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
(b) If a licensee determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.
(c) A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.
(d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.4 - Licensee-patient relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:
1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. A licensee may also use a patient's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.5 - Provision of services through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a licensee has satisfied the requirements of N.J.A.C. 13:44H-11.4, a licensee may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision of health care services to patients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the patient's originating site and record this information in the patient's record.
(c) A licensee providing healthcare services through telemedicine shall use interactive, realtime, two-way communication technologies, which shall include, except as provided in (e) below, a video component that allows a licensee to see a patient and the patient to see the licensee during the provision of services.
(d) A licensee providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provide to a patient. Such records shall comply with the requirements of N.J.A.C. 13:44H-9, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a patient's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.7 - Prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address:
1. Authentication and authorization of users;
2. Authentication of the patient during the initial intake pursuant to N.J.A.C. 13:44H-11.4(a)1;
3. Authentication of the origin of information;
4. The prevention of unauthorized access to the system or information;
5. System security, including the integrity of information that is collected, program integrity, and system integrity;
6. Maintenance of documentation about system and information usage;
7. Information storage, maintenance, and transmission; and
8. Synchronization and verification of patient profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 11 - TELEMEDICINE › Section 13:44H-11.8 - Privacy and notice to patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees who communicate with patients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) Written privacy practices required by (a) above shall include privacy and security measures that assure confidentiality and integrity of patient-identifiable information. Transmissions, including patient e-mail, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR Part 164.
(d) Licensees, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient's written acknowledgement of receipt of the notice.
(e) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give patients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the patient received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the licensee shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person evaluation reasonably able to meet the patient's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 1 - APPLICABILITY › Section 13:44J-1.1 - Non-applicability of chapter to religious corporations

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise noted, the provisions of the chapter do not apply to religious corporations incorporated pursuant to Title 16 of the New Jersey Statutes or religious societies or to cemeteries owned by religious corporations unless said religious corporation has been issued a Certificate of Authority by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 3 - FEE SCHEDULE › Section 13:44J-3.1 - Charges and fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board:
1. Cemetery company fees:
i.
Annual interment fees per interment in
excess of 25 interments...............$ 4.00
ii.
Cremation fee (per cremation)...........1.00
iii.
Filing amendments to
charters/regulations/price list........25.00
iv.
Application fees:
(1) Certificates of authority.........500.00
(2) Sales of land/granting of
easement..............................500.00
(3) Merger/consolidation of
cemeteries............................500.00
(4) Removal of monumentation..........100.00
(5) Renovation of interment space
or niche areas........................100.00
(6) Acquisition of land...............250.00
(7) Lease of cemetery land............100.00
(8) Bulk sale of interment spaces or
niches.................................75.00
(9) Certificate(s) issued pursuant to
N.J.S.A. 8A:6-3.......................500.00
(10) Reclamation of bulk sales........300.00
(11) Construction of crematory ............. 500.00
2. Salesperson fees:
i.
Application fee........................35.00
ii.
Temporary license.......................5.00
iii.
Initial license:
(1) If paid the first year of a biennial
renewal period.........................75.00
(2) If paid during the second year of a
biennial renewal period................37.50
iv.
Initial branch license:
(1) If paid during the first year of a
biennial renewal period................75.00
(2) If paid during the second year of a
biennial renewal period................37.50
v.
Temporary branch license................5.00
vi.
Biennial renewal license...............30.00
vii.
Branch license renewal.................30.00
viii.
Transfer of license....................20.00
ix.
Duplicate license......................10.00
x.
Late renewal fee.......................10.00
3. Annual filing fee for Maintenance and Preservation Trust Fund Report and price list 75.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 4 - ORGANIZATIONAL STRUCTURE › Section 13:44J-4.1 - Organizational meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall elect the following officers from among its members annually at the first Board meeting of each calendar year, which officers shall execute the following duties:
1. A chairperson, who shall:
i. Schedule meetings of the Board;
ii. Set the agenda for Board meetings in consultation with the Executive Director, except that this shall not be deemed to bar any member of the Board or the counsel to the Board from having a matter placed on the agenda of the next meeting;
iii. Preside at meetings of the Board;
iv. Appoint committees of the Board; and
v. Provide general oversight of, and policy guidance for, the operations of the Board office between meetings; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.1 - Sale and installation of vaults

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Cemetery companies may not sell vaults.
(b) Cemetery companies may sell multiple depth below ground burial crypts that were installed prior to December 1, 1971.
(c) Cemetery companies may only install vaults or multiple depth below ground burial crypts that were sold prior to December 1, 1971.
(d) Nothing in this section shall prevent a cemetery company from installing and/or constructing underground public mausoleums.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.2 - Cemetery price list; future services; general maintenance charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every cemetery company shall have a price list which shall be posted by the cemetery company and filed with the Board pursuant to 45:27-18. Except as set forth in (b) below, a charge shall be posted and filed with the Board before it may take effect.
(b) Notwithstanding (a) above, a cemetery company may provide a unique or highly specialized good or service, and charge for that good or service, even if the price for the good or service is not listed on the price list. The following factors shall be considered in determining whether the good or service is unique or highly specialized:
1. The cemetery company has not provided the good or service in recent years or has provided it only rarely; or
2. The nature of the good or service would not be expected to be contained in the price list.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.4 - Trust fund management; recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All investments of cemetery trust funds shall be made pursuant to the "Prudent Investor Act," 3B:20-11.1 et seq.
(b) A cemetery company may invest its trust funds in options for stock which the cemetery company holds in its portfolio when the exercise price of the option is in excess of the original purchase price of the stock. All other option transactions are deemed overly speculative and imprudent. In instances when an option has been written, the trust is permitted to purchase options to cover the sale of any option previously written.
(c) All cemetery companies shall maintain records of income, expenses and investments of its general fund, Maintenance and Preservation Fund and any other trust fund administered directly or indirectly by a cemetery company so as to afford an intelligent understanding of the conduct of its business.
(d) Capital gains from the sale of items in a trust fund shall not be treated as income of the Maintenance and Preservation Fund and shall be retained as principal of the Maintenance and Preservation Fund.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.5 - Litigation involving a cemetery company

Current through Register Vol. 56, No. 14, July 15, 2024
In any action or proceeding affecting or instituted by a cemetery company the cemetery company shall file a copy of the complaint, the answer, the final judgment, order, notices of appeal, petitions for certification or settlement agreement resolving the matter with the Board, addressed to New Jersey Cemetery Board, PO Box 45036, Newark, NJ 07101, and the Attorney General, addressed to RJ Hughes Justice Complex, PO Box 112, Trenton, NJ 08625-0112.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.6 - Annual reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each year, a cemetery company shall submit a check for all charges due the Board pursuant to 13:44J-3.1 and file a notarized annual report on a form provided by the Board with the Board. The report shall include:
1. The extent of, and sources of augmentation to, the Maintenance and Preservation Fund;
2. The designation of the income of the maintenance and preservation fund as operational expenses, retained income or both; and
3. A list of the securities, bonds, certificates of deposit or other instruments in which the corpus of the fund is invested.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.7 - Reclamation of interment spaces or niches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery may reclaim an individual interment space or niche sold prior to December 1, 1971 if:
1. No interment has been made in the grave or crypt and no inurnment has been made in the niche;
2. No provision for annual, endowed or special care or maintenance has been made; and
3. No burial has been made for 30 years in the plot that includes the interment space.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 5 - CEMETERY COMPANIES › Section 13:44J-5.8 - Restrictions on closings for interments

Current through Register Vol. 56, No. 14, July 15, 2024
In order to ensure continued interments and cremations, no cemetery company shall be closed for more than three consecutive days for the purposes of making interments and conducting cremations except for strikes, acts of God or by direction of a competent authority, for example, a court of competent jurisdiction, the Board, the Department of Health and Senior Services or a local department of health.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 6 - DOCUMENTS AND GROUNDS › Section 13:44J-6.1 - Regulations of a cemetery company

Current through Register Vol. 56, No. 14, July 15, 2024
A cemetery company shall file with the Board a copy of its regulations. A cemetery company may amend or supplement its regulations by filing with the Board such amendments or supplements. This filing shall be accompanied by a filing fee payable to the Board, in accordance with 13:44J-3.1(a)1  iii. Regulations and amendments to regulations shall not be effective until filed with the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 6 - DOCUMENTS AND GROUNDS › Section 13:44J-6.2 - Maps

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every cemetery company shall maintain a map of the cemetery readily available for inspection at its main office. Any change in the physical layout of the cemetery shall be reflected annually on the map. The map shall show the location of interment spaces or niches with roadways, paths and building areas.
(b) A cemetery company may amend a map to include areas not previously laid out or to change the layout of plots not sold. Existing roadways and walks to graves already sold shall not be abandoned but may be altered as long as similar access to existing interment spaces and niches is not denied. Paths may be renovated or reduced in size as long as the path conforms to 13:44J-6.3(a). The amended map shall not be effective until it has been filed with the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 6 - DOCUMENTS AND GROUNDS › Section 13:44J-6.3 - Paths

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Paths to interment spaces or niches shall be a minimum of 30 inches wide.
(b) When a cemetery company resurveys, alters, changes or modifies a portion of its grounds which have been previously laid out on a map or maps into interment spaces or niches, the cemetery company shall ensure that paths to previously sold interment spaces or niches are maintained.
(c) This section shall not apply to the laying out of portions of ground in areas of cemetery property which have not previously been laid out on a map or maps into paths or interment spaces or niches.
(d) An unsold interment space which is plotted in a manner that does not conform with this subchapter shall not be sold or used for interment purposes.
(e) If a sold interment space, in which no interment has been made, is plotted in a manner which makes a path non-conforming, the cemetery company shall exercise due diligence and negotiate in good faith with the lot owner for the transfer or exchange of the lot owner's non-conforming space with other space that conforms with this provision. After the transfer or exchange, the non-conforming plot shall be replotted or eliminated. The transfer or exchange of the non-conforming plot shall be provided at no expense to the lot owner beyond what the lot owner agreed to pay for the non-conforming plot.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 6 - DOCUMENTS AND GROUNDS › Section 13:44J-6.4 - Construction of a public mausoleum

Current through Register Vol. 56, No. 14, July 15, 2024
No cemetery company shall construct a public mausoleum without first obtaining approval from the Department of Community Affairs and a building permit from the local construction official.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 7 - MEMORIALS › Section 13:44J-7.1 - Memorials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once interment has been made in an interment space or niche, the cemetery company shall not prohibit reasonable memorialization of the remains subject to (d) and (e) below.
(b) A lot owner shall have the right to place a memorial or embellishment on any interment space or niche that he or she owns, and to approve or disapprove any memorial or embellishment placed or sought to be placed on an interment space or niche that he or she owns, except that:
1. In the absence of an agreement between the lot owner and the party having control over the remains, the lot owner shall not unreasonably withhold approval of a memorial on an interment space after an interment has been made therein;
2. The cemetery company may, pursuant to 45:27-16, preclude the placement of a memorial until any outstanding charges against the interment space or niche are paid; and
3. A cemetery company may prohibit the placement of a memorial or embellishment that does not comply with cemetery company regulations regarding memorials and embellishments adopted pursuant to (d) below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 7 - MEMORIALS › Section 13:44J-7.2 - Replacing or repairing a foundation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that a memorial foundation installed by a cemetery company and paid for by a lot, interment space or niche owner or other interested party sinks or otherwise falls into disrepair, causing the memorial immediately above to sink or become unlevel within 10 years from the date of the original installation, the cemetery company shall raise, replace or repair the foundation and reset the memorial at its own cost and expense. After 10 years, a cemetery company may charge a lot, interment space or niche owner or a responsible party, the actual cost for the raising, replacing or repairing of the foundation and resetting of the memorial.
(b) This section shall not apply to any foundation or memorial for which a specific endowed care fund has been provided.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 7 - MEMORIALS › Section 13:44J-7.3 - Burial of monumentation

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of 45:27-24, the burial of a monument or a memorial shall be considered a removal of that monument or memorial.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 8 - DISINTERMENT › Section 13:44J-8.1 - Disinterment from a non-titled interment space or niche

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any cemetery company permitting interment in a non-titled interment space to two or more unrelated individuals shall, at the time of the sale, inform each authorizing agent in writing that remains interred in any such space may be disinterred only with the consent of the surviving spouse and children, if of full age, of all burials above the deceased sought to be disinterred, or, in absence of such consent, by a court order.
(b) Any cemetery company permitting inurnment in a non-titled niche to two or more unrelated individuals shall, at the time of the sale, inform each authorizing agent in writing that cremated remains inurned in any such space may be removed with the sole consent of any person who has the right to control the removal of the remains pursuant to 45:27-22.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 8 - DISINTERMENT › Section 13:44J-8.2 - Additional interment; obtaining disinterment permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that non-vaulted remains already in an interment space must be lowered to accommodate an additional interment, a disinterment permit shall be obtained permitting the lowering of the remains already in the interment space.
(b) In the event that vaulted remains already in an interment space must be lowered to accommodate an additional interment, the cemetery company need not obtain a disinterment permit.
(c) A cemetery company shall open a multiple depth grave owned by a single purchaser to a depth sufficient to accommodate all future interments in order to avoid additional charges for deepening and the need for a disinterment permit when subsequent interments are made, unless the person authorizing the interment otherwise instructs the cemetery company in writing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 8 - DISINTERMENT › Section 13:44J-8.3 - Recording disinterments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Cemetery companies may, by their rules or regulations, prohibit the recording of disinterments through photographic, electrical, digital, video, wireless, optical or electromagnetic means, except that:
1. The owner or owners of an interment space may record the disinterment or authorize in writing another on their behalf to record the disinterment; and
2. Recordings may be taken as part of a criminal investigation when otherwise ordered by a court of competent jurisdiction or the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 8 - DISINTERMENT › Section 13:44J-8.4 - Temporary storage prior to final entombment or interment within a single cemetery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "properly constructed receiving vault" means a container, constructed pursuant to the provisions of 45:27-27.
(b) A cemetery company may temporarily store human remains in a properly constructed receiving vault prior to final entombment or interment for up to four years. If a cemetery company needs to temporarily store human remains for more than four years, the cemetery company must obtain the written consent for an extension at least 120 days prior to the end of the four-year period, which includes a set term for the extension, from the person who has the right to control the disposition of remains pursuant to 45:27-22. The cemetery company shall advise the Board that the person who has the right to control the disposition of remains has granted the extension. The cemetery company may transfer the remains from the place of temporary storage to the place of final entombment or interment without obtaining a disinterment permit and without the presence of a licensed funeral director if both the temporary storage and final resting place are within a single cemetery.
(c) The receptacle to be placed in temporary storage which contains the human remains shall be clearly, legibly and durably marked with:
1. The decedent's full name and date of death as stated on the death certificate and burial permit;
2. The full name, mailing address and telephone number of both the responsible next of kin as defined under 45:27-22; and
3. The designated licensed funeral director or funeral establishment whose name appears on the death certificate and burial permit.