reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 6 - LICENSURE BY ENDORSEMENT › Section 13:44F-6.2 - Application requirements for licensure by endorsement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant seeking licensure by endorsement shall submit the following to the Board:
1. An application form together with the required fee as set forth in 13:44F-8.1;
2. Proof which establishes that the applicant is currently licensed in another state or possession of the United States or the District of Columbia and that the license is in good standing; and
3. An affidavit that the applicant has not failed the Board-approved examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 7 - LICENSE RENEWALS › Section 13:44F-7.1 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:44F-8.1, prior to the date of license expiration.
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of respiratory care in New Jersey, or hold himself or herself out as eligible to engage in the practice of respiratory care in New Jersey, until such time as the license is returned to active status.
(d) 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. 13:44F-8.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.
(e) 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.
(f) A licensee who continues to engage in the practice of respiratory care with a suspended license shall be deemed to be engaging in the unauthorized practice of respiratory care and shall be subject to action consistent with N.J.S.A. 45:1-14et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 7 - LICENSE RENEWALS › Section 13:44F-7.2 - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:44F-7.1(c) may apply to the Board for reactivation of the 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 the license was inactive, which includes the name, address, and telephone number of each employer;
3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:44F-8.1.
i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:44F-8.1.
ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in NJ.A.C. 13:44F-8.1; and
4. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in NJ.A.C. 13:44F-10.1.
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of respiratory care and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph shall apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 7 - LICENSE RENEWALS › Section 13:44F-7.3 - 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. 13:44F-7.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the name, address, and telephone number of each employer;
3. The renewal fee for 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. 13:44F-8.1; and
6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:44F-10.1.
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of respiratory care and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph shall apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.1 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State Board of Respiratory Care charges for licensure and other services are as follows:
1.
Application fee $ 125.00
2.
Initial license fee
i.
During the first year of a biennial renewal period 160.00
ii.
During the second year of a biennial renewal period 80.00
3.
License renewal fee, biennial 160.00
4.
Late renewal fee (within 30 days) 100.00
5.
Duplicate license fee 25.00
6.
Six-month temporary license 40.00
7.
Temporary visiting license 80.00
i.
Temporary visiting license renewal 80.00
8.
Reinstatement fee (after 30 days) 175.00
9.
Duplicate wall certificate 50.00
10.
Verification of licensure 25.00
11.
Inactive license fee (Reserved)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.2 - Patient records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Respiratory care practitioners shall prepare contemporaneous, permanent treatment records. If custody of the patient records is within the responsibility of the licensee, the licensee shall ensure that every patient record shall be kept for at least seven years from the date of the most recent entry, except that if a patient is a minor, the records shall be kept for an additional two years beyond the age of 18. Such records shall include:
1. The dates and times of all treatments including adverse effects, if any;
2. Findings of patient assessment;
3. A patient care plan which includes treatment goals;
4. The chief complaint and diagnosis;
5. Progress notes;
6. Written prescription for care or a care plan signed by a physician or such other health care practitioners authorized by law to prescribe, or a verbal order or prescription memorialized by the prescriber in writing pursuant to the provisions of N.J.A.C. 13:44F-3.1(c) 3. The licensee shall document verbal prescriptions in the patient record contemporaneously with administration of treatment;
7. Results of appropriate tests;
8. In an outpatient setting, a discharge summary which includes the outcome of respiratory care treatment and the status of the patient at the time of discharge; and
9. The signature or initials of the licensee who rendered the care. If the licensee chooses to sign by means of initials, his or her complete signature shall appear at least once in the records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.3 - Sexual misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By this section, the Board is identifying for its licensees conduct which it shall deem to be violative of law.
(b) As used in this section, the following terms have the following meanings unless the context indicates otherwise:
1. "Licensee" means any person licensed or authorized to engage in the practice of respiratory care as regulated by the Board.
2. "Patient" means any person who is the recipient of a professional service rendered by a licensee for purposes of diagnostic testing, treatment or a consultation relating to treatment. For purposes of this section, "patient" also means a person who is the subject of professional examination or assessment even if the purpose of that examination or assessment is unrelated to treatment.
3. "Patient-respiratory care practitioner relationship" means an association between a respiratory care practitioner and a patient wherein the respiratory care practitioner performs any professional service consistent with his or her training and experience in accordance with 13:44F-3.1 or acts in a supervisory capacity for the patient.
4. "Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the patient's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or patient's body into or near the genital, anal or other opening of the other person's body.
5. "Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of respiratory care services, and that either: is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense so as to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or multiple acts and may include, but is not limited to, conduct of a licensee with a patient, co-worker, employee, student, or supervisee, whether or not such individual is in a subordinate position to the licensee. "Sexual harassment" may also include conduct of a nonsexual nature if it is based on the sex of an individual.
6. "Spouse" means either the husband or wife of the licensee or an individual in a long-term committed relationship with the licensee.
i. For purposes of this section, "a long-term committed relationship" is a relationship that has existed for greater than six months.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.4 - Office location; Board information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The offices of the Board are located at 124 Halsey Street, PO Box 45031, Newark, New Jersey 07101.
(b) Information related to Board operations may be obtained at the following website:
http:// www.njconsumeraffairs.gov/resp/Pages/regulations.aspx
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.5 - Notification of business address and change of address

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall provide the State Board of Respiratory Care with their business address.
(b) A licensee, whether active or inactive, of the State Board of Respiratory Care shall notify the Board, in writing, of any change of residential address or business address from that which the Board maintains in its records and which the licensee's current license displays. The licensee shall forward the notice to the Board by certified mail, return receipt requested, no later than 30 days following the change of address.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.6 - Change of name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensee whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name the following:
1. Legal evidence of such change;
2. A copy of the licensee's original license with satisfactory evidence that the licensee is the same person to whom the Board issued the license; and
3. The appropriate duplicate license fee as set forth in 13:44F-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 8 - GENERAL PROVISIONS › Section 13:44F-8.7 - Duplicate licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensee seeking a duplicate license shall forward to the Board the following:
1. A notarized statement that the license has been lost or destroyed; and
2. The appropriate duplicate license fee as set forth in 13:44F-8.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 9 - UNLICENSED PRACTICE › Section 13:44F-9.1 - Acts amounting to unlicensed practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following acts or practices shall be deemed to be the unlicensed practice of respiratory care:
1. Offering or performance of any respiratory care services by any person other than a licensed respiratory care practitioner, an M.D., a D.O., or by any other health care provider not exempt from the provisions of this chapter pursuant to 45:14E-9(c);
2. The use of the words inhalation therapy, respiratory care, respiratory therapy, pulmonary therapy, or other such similar words or their related terms, letters, insignia, or abbreviations in connection with the offering of measures or services that are utilized in the rendition of respiratory care by any person who does not hold a license to render respiratory care services or is not otherwise exempt from the licensure requirement;
3. The use of the designation respiratory care practitioner, respiratory therapist, respiratory therapy technician, pulmonary technician, or other such similar terms, letters, insignia, and their related abbreviations in connection with the offering of measures or services that are utilized in the rendition of respiratory care by any person who does not hold a license to render respiratory care services or is not otherwise exempt from licensure; or
4. Billing any patient or third party payor for "respiratory care" or "respiratory therapy," in connection with the use of respiratory care agents, measures or services, if the individual providing the services does not hold a license to practice respiratory care, is not a licensed physician or is not otherwise exempt from the licensure requirement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 9 - UNLICENSED PRACTICE › Section 13:44F-9.2 - Aiding and abetting unlicensed practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful for a licensee to aid or assist any person engaging in any of the practices identified at 13:44F-9.1.
(b) A licensee who supervises or manages the provision of services by licensed respiratory care practitioners shall ensure that all persons providing such services hold a valid, current license issued by the Board. Failure on the part of a licensee to ensure that a respiratory care practitioner working under his or her supervisory or management capacity holds a valid, current license to practice respiratory care shall be considered the aiding and abetting of unlicensed respiratory care practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 10 - CONTINUING EDUCATION › Section 13:44F-10.1 - Continuing education requirements for biennial renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee applying for biennial license renewal shall complete, during the preceding biennial period, 30 continuing education (CE) credits as specified in (c) below. Applicants for initial licensure are exempt from the continuing education requirements of this section for the initial biennial period of licensure.
(b) Each licensee shall confirm on the application for biennial licensure renewal that he or she has completed 30 continuing education credits.
(c) A licensee shall complete a minimum of 30 continuing education credits, in programs permitted under 13:44F-10.2, as follows:
1. At least one CE credit in infection control;
2. At least one CE credit in patient safety/medical errors;
3. At least one CE credit in ethics;
4. At least 20 CE credits in other respiratory care clinical practices; and
5. Any remaining credits in any health care related field.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 10 - CONTINUING EDUCATION › Section 13:44F-10.2A - Performance-based competency assessment; approval; determination of credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may obtain continuing education credit for successful completion of a Board-approved performance-based competency assessment (PBCA) administered in a licensed healthcare facility, consistent with the following requirements:
1. The PBCA shall include the presentation of materials and objectives, procedure(s) demonstration by licensee attendees and a written examination certified by the healthcare facility's director of respiratory care. For purposes of this section, a "director of respiratory care" means a respiratory care practitioner licensed in the State of New Jersey who is responsible for the activities of all respiratory care practitioners employed by the healthcare facility, including oversight for the policies and procedures that guide respiratory care practice in the healthcare facility;
2. The PBCA shall include only clinical respiratory procedures within the scope of practice of the healthcare facility's department of respiratory care;
3. The director of respiratory care shall submit an application for Board approval of the PBCA at least 60 days prior to the administration of the PBCA. The application shall include: the name of the healthcare facility, the name of the director of respiratory care, the name and qualifications of the PBCA presenter, a description of the competency covered and the objectives to be achieved by the PBCA, a copy of the written examination and a copy of the PBCA attendee evaluation form or its equivalent;
4. The director of respiratory care shall provide licensee attendees of the PBCA with a certificate of completion, which shall include the title of the PBCA, the date the PBCA was completed and the number of continuing education credits awarded for completion of the PBCA; and
5. The PBCA shall be at least one instructional hour in length. For purposes of this section, an "instructional hour" means no less than 50 minutes of material presentation, procedure(s) demonstration and examination. One continuing education credit shall be awarded for each Board-approved PBCA to a maximum of six credits per biennial registration period;
i. The Board shall not approve a PBCA that is less than one instructional hour in length, except that when the presentation of materials and objectives, procedure(s) demonstration and written examination for a single topic is less than one instructional hour, two topics may be combined in one PBCA for Board approval. A Board-approved PBCA shall include no more than two topics.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 10 - CONTINUING EDUCATION › Section 13:44F-10.3 - Licensee certification of compliance; recordkeeping; audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall:
1. Certify completion of the required number of continuing education credits on the application for biennial renewal. Falsification of any information submitted on the renewal application shall be cause for disciplinary action;
2. Maintain all evidence of verification of continuing education requirements for two full biennial licensing periods after completion of the credits and submit such documentation to the Board upon request; and
3. Provide to the Board upon request, documentation of the licensees completion of continuing education requirements as follows:
i. For programs, courses and seminars: the course provider's written verification of attendance;
ii. For college courses: an official transcript;
iii. For articles published in a peer-reviewed professional journal: the published article;
iv. For authored textbooks or manuals: the textbook or manual;
v. Videotaped, Internet, and other distance learning courses: written verification from the course provider; and
vi. For instructional activity: documentation, including a copy of the course content, location, date and time of course, duration of course by hour, and letter from provider confirming that the licensee taught the course or program or, if no provider, a copy of the attendance sheet.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 10 - CONTINUING EDUCATION › Section 13:44F-10.4 - Waiver or modification of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may extend, waive or otherwise modify continuing education requirements, including the time period for completion or the number of continuing education credits, on an individual basis for reasons of hardship, such as severe illness, disability or military service.
(b) A licensee seeking an extension, waiver or other modification of the continuing education requirements shall apply to the Board in writing and set forth in specific detail the reasons for the request. The licensee shall submit to the Board all documentation in support of the request for extension, waiver or other modification.
(c) A licensee shall apply for an extension, waiver, or other modification no later than 60 days prior to the end of the biennial licensing period. All requests shall be sent to the offices of the Board, as provided in N.J.A.C. 13:44F-8.4, by certified mail, return receipt requested.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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. 45:1-16et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed by the Board.
(c) Pursuant to N.J.S.A. 45:1-62, a respiratory care practitioner must hold a license issued by the Board, if he or she:
1. Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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 State Board of Respiratory Care.
"Cross-coverage" means a licensee engages in a remote medical evaluation of a patient, without inperson 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.
"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 healthcare provider of record.
"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.
"Proper licensee-patient relationship" means an association between a licensee and patient, wherein the licensee owes a duty to the patient to be available to render professional services consistent with his or her training and experience, which is established pursuant to the requirements at N.J.A.C. 13:44F-11.4.
"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.).
"Telemedicine" means the delivery of a health care service, including supportive mental health services, using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care licensee who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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 health care services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.
(c) A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.
(d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient's treatment options, through telemedicine or telehealth, shall be held to the same standard of care or practice standards as are applicable to inperson settings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-11.5 - Provision of health care services through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:44F-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, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component which allows a licensee to see a patient and the patient to see the licensee during the provision of health care 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 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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 provided to a patient. Such records shall comply with the requirements at N.J.A.C. 13:44F-8.2, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a patient's medical record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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. 13:44F-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 44F - STATE BOARD OF RESPIRATORY CARE › Subchapter 11 - TELEMEDICINE AND TELEHEALTH › Section 13:44F-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 pursuant to 45 CFR 160 and 164, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) Written privacy practices pursuant to (a) above shall include privacy and security measures that assure confidentiality and integrity of patient-identifiable information. Transmissions, including patient email, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially similar authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of patient information, as defined at 45 CFR 164.402, shall comply with the reporting requirements at 45 CFR 164.
(d) Licensees, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient's written acknowledgement of receipt of the notice.
(e) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give patients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the patient received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the licensee shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person medical evaluation reasonably able to meet the patient's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:44G-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained in this chapter implement the provisions of the Social Workers' Licensing Act of 1991, P.L. 1991, c.134, and regulate the profession of social work within the State of New Jersey.
(b) This chapter shall apply to any individual licensed or certified by the State Board of Social Work Examiners, regardless of the setting where the individual is working.
(c) This chapter shall not apply to those individuals exempt from the provisions of the Act pursuant to N.J.S.A. 45:15BB-5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:44G-1.3 - Persons requiring licensure; persons requiring certification

Current through Register Vol. 56, No. 14, July 15, 2024
Unless exempted from licensure or certification pursuant to N.J.S.A. 45:15BB-5, a person whose activities are within the scope of practice of 13:44G-3.1 is required to be licensed as a clinical social worker; a person whose activities are within the scope of practice of 13:44G-3.2 is required to be licensed as a social worker; and a person whose activities are within the scope of practice of 13:44G-3.3 is required to be certified as a social worker.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 2 - AGENCY ORGANIZATION AND ADMINISTRATION › Section 13:44G-2.1 - Description of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
The State Board of Social Work Examiners, created in the Division of Consumer Affairs, Department of Law and Public Safety, is constituted under N.J.S.A. 45:15BB-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 2 - AGENCY ORGANIZATION AND ADMINISTRATION › Section 13:44G-2.2 - Office location and mailing address

Current through Register Vol. 56, No. 14, July 15, 2024
The offices of the Board are located at 124 Halsey Street, Newark, New Jersey 07102. The mailing address of the Board is Post Office Box 45033, Newark, New Jersey 07101.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 3 - AUTHORIZED PRACTICE › Section 13:44G-3.1 - Practice as an LCSW; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of an LCSW includes, but is not limited to:
1. Clinical social work services. Clinical social work services include, but are not limited to, clinical assessment, clinical consultation, psychotherapeutic counseling, client-centered advocacy, and clinical supervision of individuals pursuant to the standards set forth in N.J.A.C. 13:44G-8.1;
2. Social work services. Social work services include, but are not limited to, social work assessment, social work consultation, social work counseling, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy;
3. Custody/parenting time evaluations as set forth in Subchapter 13;
4. Supervising, pursuant to Council on Social Work Education standards, students who are completing undergraduate or graduate social work coursework; and
5. Pursuant to N.J.SA. 26:16-8, determining whether a terminally ill patient is capable, as the term is defined at N.J.S.A. 26:16-3, and notifying a physician of this determination, in writing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 3 - AUTHORIZED PRACTICE › Section 13:44G-3.2 - Practice as an LSW; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of an LSW includes, but is not limited to:
1. Social work services. Social work services include, but are not limited to, social work assessment, social work counseling, social work consultation, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy;
2. Clinical social work services, under the supervision of an LCSW. Clinical social work services include, but are not limited to, clinical assessment, clinical consultation, psychotherapeutic counseling, and client-centered advocacy. An LSW may not, however, provide clinical supervision; and
3. Supervising, pursuant to Council on Social Work Education standards, students who are completing undergraduate or graduate social work coursework.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 3 - AUTHORIZED PRACTICE › Section 13:44G-3.3 - Practice as a CSW; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a CSW includes, but is not limited to, social work services. Social work services include, but are not limited to, social work assessment, social work consultation, social work counseling, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy.
(b) The scope of practice of a CSW also includes supervising, pursuant to Council on Social Work Education standards, students who are completing undergraduate social work coursework.
(c) A CSW shall not engage in clinical social work services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.1 - Eligibility requirements; LCSW

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "two years of full-time clinical social work" means 3,000 hours under direct supervision pursuant to the standards set forth in N.J.A.C. 13:44G-8.1, subsequent to earning a master's degree in social work. The 3,000 hours shall be completed in no less than two years and no more than four years . At least 1,920 hours of the 3,000 hours shall be in face-to-face client contact , and half of these 1,920 hours shall be in psychotherapeutic counseling. The other 1,080 hours can include time spent in supervision or other social work services.
(b) An applicant for licensure as an LCSW shall submit the following, on forms provided by the Board:
1. A completed application form, which requests information concerning the applicant's educational and experiential background;
2. The application fee set forth in 13:44G-14.1;
3. An official transcript indicating that the applicant:
i. Received a master's degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education; or a doctorate degree in social work from an accredited institution of higher education;
ii. Completed 12 semester hours of graduate level course work in methods of clinical social work practice, exclusive of field placement, from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education. The applicant shall obtain 12 credits in any of the following areas of study:
(1) Diagnosis and assessment in clinical social work practice;
(2) Models of psychotherapy or clinical practice (for example, psychodynamic, behavioral, cognitive therapies, task-centered, psychosocial, crisis intervention approaches, etc.);
(3) Clinical supervision and consultation; and/or
(4) Intervention with special populations;
4. A supervisor's certification indicating that the applicant has acquired two years of full-time clinical social work experience after the completion of the master's degree required by (b)3 above. Such work experience shall have been completed no more than five years prior to the submission of the application. In the event that the applicant is unable to provide a supervisor's certification, the applicant shall submit to the Board an affidavit explaining the reason(s) why the applicant is not able to obtain the supervisor's certification;
5. Proof that the applicant has successfully completed the clinical examination administered by the ASWB;
6. Proof that the applicant was an LSW at the time that the experience in (a) above was acquired, or proof that the applicant engaged in social work practice in a setting in which licensure is not required pursuant to N.J.S.A. 45:15BB-5; and
7. A signed consent form acknowledging that the Board will perform a criminal history background check as a pre-requisite of licensure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.2 - Eligibility requirements; LSW

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as an LSW shall submit the following, on forms provided by the Board:
1. A completed application form, which requests information concerning the applicant's educational and experiential background;
2. The application fee set forth in 13:44G-14.1;
3. A signed consent form acknowledging that the Board will perform a criminal history background check as a pre-requisite of licensure;
4. An official transcript or letter from the dean or registrar of the school indicating that the applicant has received a master's degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education or a doctorate in social work from an accredited institution of higher education; and
5. Proof of successful completion of the master's level examination administered by the ASWB.
i. An applicant pursuing a master's degree in social work and enrolled in the last semester of an educational program accredited or in candidacy for accreditation by the Council on Social Work Education is eligible to take the master's level examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.3 - Eligibility requirements; CSW

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for certification as a CSW shall submit the following, on forms provided by the Board:
1. A completed application form, which requests information concerning the applicant's educational and experiential background;
2. The application fee set forth in 13:44G-14.1;
3. A signed consent form acknowledging that the Board will perform a criminal history background check as a prerequisite of certification; and
4. The following documents:
i. An official transcript indicating that the applicant has received a baccalaureate degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education; or
ii. An official transcript indicating that the applicant acquired a baccalaureate degree prior to April 6, 1995, from an accredited institution of higher education in one of the following fields: Guidance and Counseling, Human Services, Marriage and Family Counseling, Psychology, Sociology, Vocational/Disability Rehabilitation, and Social Work (from institutions not accredited, or in candidacy for accreditation, by the Council on Social Work Education) and an affidavit or other form as the Board may require attesting to the applicant having acquired one year of full-time social work experience (1,600 hours in any consecutive 18-month period) prior to April 6, 1995.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.4 - Refusal to issue, suspension or revocation of license or certification

Current through Register Vol. 56, No. 14, July 15, 2024
The Board may refuse to issue or renew or may suspend or revoke any license or certification issued by the Board, after an opportunity to be heard pursuant to the Administrative Procedure Act, 52:14B-1 et seq., for any of the reasons set forth in 45:1-21.