reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 12 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:44G-12.1 - Preparation and maintenance of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall prepare and maintain for each client a contemporaneous, permanent client record that accurately reflects the client contact with the social worker whether in an office, hospital or other treatment, evaluation or consultation setting.
(b) A social worker 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. Significant social history;
6. Past and current medications, when appropriate;
7. A social work assessment, unless a separate record is kept;
8. A treatment or service plan;
9. Progress notes for each session;
i. A social worker may dictate progress and session notes for later transcription provided the transcription is dated and identified as preliminary pending the social worker's final review and approval;
10. Information regarding referrals to other professionals and reports and records provided by other professionals; and
11. Fees charged and paid unless a separate financial record is kept.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 12 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:44G-12.2 - Use of computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who prepares a client record maintained solely on a personal or other computer shall use a write-protected program which:
1. Contains an internal permanently activated date and time recordation for all entries;
2. Automatically prepares a back-up copy of the file; and
3. Is designed in such manner that, after the social worker "signs" by means of a confidential personal code ("CPC"), the entry cannot be changed in any manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 12 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:44G-12.3 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall preserve the confidentiality of information obtained from a client in the course of performing social work services for the client, including after the death of a client, except in the following circumstances.
1. Disclosure is required by Federal or state law or regulation.
2. Disclosure is required by the Board or the Office of the Attorney General during the course of an investigation.
3. Disclosure is required by a court of competent jurisdiction pursuant to a judge's order.
4. The client would present a clear and present danger to the health or safety of an individual if the social worker fails to disclose the information.
5. The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action.
6. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf.
7. The client agrees in writing to waive the privilege accorded by this section. The client shall sign and date the written waiver and the social worker shall maintain the waiver in the client's record. In circumstances when more than one person in a family is receiving social work services, each family member who is at least 14 years of age or older must agree to the waiver. Absent a waiver of each family member, a social worker shall not disclose any information received from any family member.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 12 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:44G-12.4 - Release of client record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "authorized representative" means, but is not limited to, a person designated by the client or a court to exercise rights under this section. An authorized representative may be the client's attorney or an agent of a third-party payor with whom the client has a contract, which provides that the third-party payor be given access to records to assess a claim for monetary damages or reimbursement.
1. Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative.
2. Unless otherwise ordered by a court, when the client is 14 years of age or older, but has not yet reached the age of majority, an authorization shall be signed by the client and by the client's parent or legal guardian.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.1 - Purpose and scope; definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A "custody/parenting time evaluation" means the analysis performed by an LCSW to provide comprehensive, objective and impartial information to the court or to attorneys which assists in making decisions as to custody/parenting time arrangements that will best provide for the needs of the minor child(ren) involved.
(b) This subchapter contains the requirements for custody/parenting time evaluations performed by LCSWs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.2 - Competency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only LCSWs are competent to perform custody/parenting time evaluations.
(b) The LCSW who performs custody/parenting time evaluations shall have education, training and/or experience in the following categories:
1. Child growth and development;
2. Parent-child bonding;
3. Scope of parenting, including assessment skills pertaining to the extent of parent involvement and parental capacity to provide for the child's physical and psychological needs;
4. Adult development and psychopathology;
5. Family functioning;
6. Child and family development;
7. Child and family psychopathology;
8. The impact of divorce or family dissolution on children; and
9. The impact of age, gender, race, ethnicity, national origin, language, culture, religion, sexual orientation/identity, disability and socioeconomic status.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.3 - Dual relationships

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an LCSW is now or has been a treating social worker for any person who is part of the custody/parenting time evaluation, the treating social worker shall not assume the role of evaluator in a custody/parenting time evaluation case and shall advise any party or court of this prohibition.
(b) Under special circumstances, pursuant to a court order and with the consent of the parties, an LCSW whose initial involvement with the case has been as an evaluator may agree to function subsequently as a treating social worker, in which case the LCSW would no longer be permitted to function as an evaluator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.4 - Communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a LCSW is court-appointed, the LCSW shall communicate any substantive information only to the court and both parties or their attorneys simultaneously, either in writing or through a conference call.
(b) If an LCSW is selected by both parties without a court appointment, the LCSW shall communicate any substantive information only to both parties or their attorneys simultaneously, either in writing or through a conference call.
(c) If an LCSW is selected by only one party without a court appointment, the LCSW shall communicate any information only to that party or the party's attorney.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.5 - Informed consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before commencing the custody/parenting time evaluation, an LCSW shall provide information, in writing, to the parties to assist them in understanding the nature of the custody/parenting time evaluation and the implications of their agreement to participate. This information shall include, but not be limited to, the following:
1. Purpose, procedures and methods;
2. Fees;
3. Responsibility of parties for payment of the fees and whether payment will be required prior to the delivery of the report;
4. Limits of confidentiality;
5. Special policies pertaining to issues, such as cancelled and/or missed appointments; and
6. Limitation on communications as set forth in 13:44G-13.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.6 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LCSW who performs custody/parenting time evaluations shall comply with the requirements of N.J.A.C. 13:44G-10.2with regard to financial arrangements for evaluations.
(b) Before commencing the custody/parenting time evaluation, an LCSW shall inform the party or parties responsible for paying the fees, in writing, the estimated fees for all anticipated services and any additional fees should the LCSW be required, requested or mandated to perform additional services.
(c) An LCSW shall provide to the party or parties responsible for paying the fees complete documentation of all fees, itemizing time, charges and services as appropriate.
(d) An LCSW may accept payment of fees by retainer or by a prearranged fee schedule:
1. If a retainer is accepted, an LCSW shall inform the court, attorneys, and/or party or parties of the schedule for payment of the remainder and of the contingent relationship between complete payment and final delivery of services. An LCSW shall inform the court, attorneys and/or party or parties that payment in excess of the reasonable estimate is expected if delivery of services unforeseeably exceeds that anticipated. An LCSW shall inform the court, attorneys and/or party or parties that unused fees will be refunded as soon as possible upon completion of the professional services; or
2. If payment by a fee schedule is accepted an LCSW shall provide a complete explanation of the expected per-visit payment or other scheduled costs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 13 - CUSTODY/PARENTING TIME EVALUATIONS › Section 13:44G-13.7 - Reports and recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LCSW's written report shall identify the party or parties on whose behalf the evaluation was prepared and list all individual(s) personally evaluated.
(b) An LCSW shall not provide any opinion regarding any individual whom the LCSW has not personally evaluated. An LCSW may report what an evaluated individual has stated or address theoretical issues or hypothetical questions, so long as the limited basis of the information is explained.
(c) An LCSW shall complete written reports in a timely manner. Delays of more than one month from the final session with any party to the custody/parenting time evaluation are considered excessive. In the event of extenuating circumstances, such as inability to collect final documents from collateral contacts, the LCSW shall provide, in writing, the reasons for the delay as follows:
1. An LCSW who is court-appointed shall submit the report only to the court and to both parties or their attorneys, unless otherwise specified in a court order;
2. An LCSW who is selected by both parties without a court appointment shall submit the report only to both parties or their attorneys; or
3. An LCSW who is selected by only one party without a court appointment shall submit the report only to that party or the party's attorney.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 14 - FEES › Section 13:44G-14.1 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Charges for licensure, certification, and other services:
1. Application fee.................................................................................$ 75.00
2. Initial clinical license fee:
i. If paid during the first year of a biennial renewal cycle....................$ 160.00
ii. If paid during the second year of a biennial renewal cycle................$ 80.00
3. Initial license fee:
i. If paid during the first year of a biennial renewal cycle....................$ 120.00
ii. If paid during the second year of a biennial renewal cycle................$ 60.00
4. Initial certification fee:
i. If paid during the first year of a biennial renewal cycle......................$ 70.00
ii. If paid during the second year of a biennial renewal cycle.................$ 35.00
5. Clinical license renewal fee, biennial................................................$ 160.00
6. License renewal fee, biennial............................................................$ 120.00
7. Certification renewal fee, biennial.......................................................$ 70.00
8. Late renewal fee...................................................................................100.00
9. Inactive fee (To be set by the Director by regulation)
10. Reinstatement fee...............................................................................150.00
11. Endorsement fee.................................................................................75.00
12. Verification of licensure/certification .................................................$ 25.00
13. Duplicate license ...................................................................................25.00
14. Verification of continuing education credits...........................................40.00
15. Continuing education fees:
i. Continuing education sponsors approval entity.....................................$ 100.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.1 - 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. 45:1-61et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed or certified by the Board as social workers.
(c) Pursuant to N.J.S.A. 45:1-62, a social worker 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 client 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 client located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.2 - 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 client to be evaluated without being physically present.
"Board" means the Board of Social Work Examiners.
"Cross-coverage service" means a licensee who engages in a remote evaluation of a client, without in-person contact, at the request of another licensee who has established a proper licensee-client relationship with the client.
"Distant site" means a site at which a licensee is located while providing health care services by means of telemedicine or telehealth.
"Licensee" means an individual licensed or certified by the Board as a social worker.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a client for whom the licensee has temporarily assumed responsibility, as designated by the client's primary care licensee or other health care provider of record.
"Originating site" means a site at which a client is located at the time that health care services are provided to the client by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote client monitoring devices, or other electronic means, to support clinical health care, provider consultation, client and professional health-related education, public health, health administration, and other services in accordance with the provisions 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 client 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 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
(b) If a licensee determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.
(c) A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain services in-person.
(d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.4 - Licensee-client relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
1. Identifying the client with, at a minimum, the client's name, date of birth, phone number, and address. A licensee may also use a client's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.5 - Provision of services through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:44G-15.4, a licensee may provide health care services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of services to clients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the client's originating site and record this information in the client's record.
(c) A licensee providing services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component that allows a licensee to see a client and the client to see the licensee during the provision of services.
(d) A licensee providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.6 - 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 client. Such records shall comply with the requirements of N.J.A.C. 13:44G-12, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.7 - 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 client during the initial intake pursuant to N.J.A.C. 13:44G-15.4(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 client profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 15 - TELEMEDICINE AND TELEHEALTH › Section 13:44G-15.8 - Privacy and notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees who communicate with clients 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 client-identifiable information. Transmissions, including client email, and laboratory results must be password protected, or protected through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of client 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 client, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the client'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 clients 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 client 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 client, the licensee shall inform the client of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the client regarding the need for the client to obtain an additional in-person evaluation reasonably able to meet the client's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 2 - SCOPE OF PRACTICE › Section 13:44H-2.1 - Scope of orthotist practice; orthotist assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a licensed orthotist shall include patient evaluation for orthotic appliances or orthoses, which are prescribed by a licensed physician, podiatrist, or dentist for the correction or alleviation of musculoskeletal diseases, injuries, or deformities and the development and implementation of an orthotic treatment plan that includes the measuring, designing, constructing, assembling, fitting, adjusting, and servicing of orthotic appliances or orthoses.
(b) A licensed orthotist assistant may provide services identified in (a) above under the close supervision of a licensed orthotist pursuant to N.J.A.C. 13:44H-3.6.
(c) A licensed orthotist assistant shall not:
1. Provide the initial evaluation of a patient;
2. Develop or modify an orthotic treatment plan for a patient; or
3. Provide the final fitting of an orthotic appliance or orthoses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 2 - SCOPE OF PRACTICE › Section 13:44H-2.2 - Scope of prosthetist practice; prosthetist assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a licensed prosthetist shall include patient evaluation for any type of upper and lower extremity prosthetic appliance prescribed by a physician licensed to practice medicine or surgery or a licensed doctor of podiatric medicine and the development and implementation of a prosthetic treatment plan that includes the measuring, designing, constructing, assembling, fitting, adjusting, and servicing of upper and lower extremity prosthetic appliances.
(b) A licensed prosthetist assistant may provide services identified in (a) above under the close supervision of a licensed prosthetist pursuant to N.J.A.C. 13:44H-3.6.
(c) A licensed prosthetist assistant shall not:
1. Provide the initial evaluation of a patient;
2. Develop or modify a prosthetic treatment plan for a patient; or
3. Provide the final fitting of an upper or lower extremity prosthetic appliance.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 2 - SCOPE OF PRACTICE › Section 13:44H-2.3 - Limited practice by certified pedorthists

Current through Register Vol. 56, No. 14, July 15, 2024
The scope of practice of a certified pedorthist granted a license pursuant to 13:44H-3.2 shall be limited to the design, manufacture, fit and modification of shoes and related foot appliances which extend from the ankle and below and which are prescribed by a physician licensed to practice medicine or surgery or a licensed doctor of podiatric medicine for the amelioration of painful or disabling conditions of the foot. "Foot appliances" for the purposes of this section include prosthetic fillers and orthotic appliances for use from the ankle and below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 2 - SCOPE OF PRACTICE › Section 13:44H-2.4 - Prohibited practice; practice as an orthotist assistant, prosthetist assistant or a prosthetist-orthotist assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person may practice, attempt to practice, or hold oneself out as being able to practice orthotics, prosthetics or prosthetics-orthotics or hold oneself out as being able to act, or act, as an orthotist assistant, prosthetist assistant or a prosthetist-orthotist assistant without having obtained a license pursuant to 45:12B-1 et seq. and this chapter.
(b) No licensed orthotist, prosthetist or prosthetist-orthotist may employ a person to practice as an orthotist, prosthetist, prosthetist-orthotist, orthotist assistant, prosthetist assistant or a prosthetist-orthotist assistant unless that person has obtained a license pursuant to 45:12B-1 et seq. and this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.1 - Requirements for orthotists, prosthetists and prosthetists-orthotists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who wishes to be licensed as an orthotist, prosthetist or prosthetist-orthotist shall successfully complete the examination given by the American Board for Certification in Orthotics and Prosthetics or its successor.
(b) An applicant for licensure as an orthotist, prosthetist or prosthetist-orthotist shall submit to the Board the following:
1. A completed application which shall include:
i. An official transcript indicating that the applicant received a bachelor's degree or its equivalent from a college or university accredited by a regional or national accrediting agency recognized by the United States Department of Education which shall be forwarded to the Board by the college or university; and
ii. Notarized documentation which indicates that the applicant has completed a clinical internship in the professional area for which a license is sought of at least 1,900 hours under the supervision of a licensee pursuant to 13:44H-3.6;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.2 - Requirements for licensure of certified pedorthist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certified pedorthist who seeks licensure shall submit to the Board the following:
1. A completed and notarized application form;
2. The application fee set forth in 13:44H-10.1; and
3. Proof of certification by the American Board for Certification of Pedorthists or its successor sent to the Board by the American Board for Certification of Pedorthists.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.3 - Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under
13:44H-3.1
,
3.2
, or
3.5
may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the
Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, education, and experience the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, education, and experience required for licensure under
13:44H-3.1
,
3.2
, or
3.5
.
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the program required for licensure under
13:44H-3.1
,
3.2
, or
3.5
. For the purpose of determining substantial equivalence of the applicant's military education or training, the Board shall consider only those education or training courses relevant to the practice of orthotics and/or prosthetics that have been evaluated by the American Council on Education for substantial equivalence to civilian orthotics and/or prosthetics education; and
3. The applicant complies with all other requirements for licensure, including successful completion of the licensing examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.4 - Requirements for temporary license for licensees of other jurisdictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall issue a temporary license to an individual licensed in another state which has licensing standards equivalent to those in this State if the individual:
1. Has applied for licensure as an orthotist, prosthetist or prosthetist-orthotist, in the State of New Jersey; and
2. Is a licensee in good standing in any state in which he or she is licensed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.5 - Licensure as a prosthetist assistant, orthotist assistant, or prosthetist-orthotist assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as a prosthetist assistant, orthotist assistant, or prosthetist-orthotist assistant shall submit to the Board:
1. A completed application form which shall include:
i. Proof that the applicant is at least 18 years of age;
ii. Proof of high school diploma or its equivalent;
iii. Proof that the applicant has completed a course of training in orthotics or prosthetics of at least 40 hours for licensure as an orthotist assistant or a prosthetist assistant, or a course of training of at least 80 hours for licensure as a prosthetist-orthotist assistant, which includes a course in human anatomy, a course in medical terminology, and a course in general/fundamental physics from a college or university accredited by a regional or national accrediting agency recognized by the United States Department of Education;
iv. A certification from the applicant's supervising licensee stating that the applicant has completed 1,900 hours of clinical practice in the area of licensure sought under the supervision of a licensed orthotist or prosthetist;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.5A - Abandonment of application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a license submitted to the Board will be deemed abandoned if:
1. The individual applying for the license has not submitted to the Board all of the information and documentation required to obtain a license; and
2. One year has elapsed since the last notice to the applicant was sent by the Board informing him or her that the Board had not received all of the information and documentation required for licensure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.7 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
Once the Board has determined that an applicant should be issued a license, it shall send notification to the applicant that he or she should send the Board the licensing fee pursuant to 13:44H-10.1(a)3, for orthotists, prosthetists and prosthetist-orthotists, or 13:44H-10.1(a)4, for orthotist assistants, prosthetist assistants or prosthetist-orthotist assistants. The Board shall send a license to the applicant upon receipt of this fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 3 - CREDENTIALS REQUIRED FOR LICENSURE; TEMPORARY LICENSURE REQUIREMENTS; LICENSURE WITHOUT EXAMINATION; ORTHOTISTS AND PROSTHETISTS › Section 13:44H-3.8 - Biennial renewal of licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant shall attest that the continuing education requirements of 13:44H-6.3 have been completed during the prior biennial period.
(b) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for any unlicensed practice during the period following the licensure expiration, not to exceed the number of days short of the 60 before the renewals were issued.
(c) The licensee shall submit the renewal application and pay the renewal fee pursuant to 13:44H-10.1 prior to the date of expiration of the license. If the licensee does not renew the license prior to its expiration date, the licensee may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:44H-10.1. A licensee who fails to renew the license within 30 days after the expiration date of the license shall be suspended without a hearing.
(d) Individuals who continue to practice or hold themselves out as licensed after being suspended shall be deemed to have violated 45:12B-17, even if no notice of suspension had been provided to the person.
(e) A person seeking reinstatement within five years following the suspension of a license under (c) above shall submit the following to the Board:
1. A completed reinstatement application;
2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:44H-10.1;
3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:44H-10.1;
4. A certification verifying completion of the continuing education credits required pursuant to 13:44H-6.3 for the renewal of a license; and
5. An affidavit of employment listing each job held during the period of suspension, which includes the names, addresses, and telephone numbers of each employer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 5 - ORTHOTIC AND PROSTHETIC ESTABLISHED FACILITY REQUIREMENTS › Section 13:44H-5.1 - Minimum requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every established orthotic facility which utilizes centralized fabrication services shall, at a minimum, be equipped with the following:
1. A Trautman router (or similar);
2. A machinist vise;
3. A drill press;
4. Compressed air;
5. A sewing machine;
6. A plaster modification area;
7. Plaster tools;
8. A work bench;
9. A sanding machine;
10. A band saw or alternate cutting device;
11. A heat gun;
12. A cast cutter;
13. Bending irons;
14. One full length mirror; and
15. One set of parallel bars at least seven feet long.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 6 - GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE › Section 13:44H-6.1 - Notification of change of address; service of process; duty to cooperate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall notify the Board of the licensee's office address. Each licensee shall notify the Board, in writing, within 30 days of any change in the office address on file with the Board.
(b) Service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division of Consumer Affairs at the licensed practitioner's address on file with the Board shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding against the licensed practitioner.
(c) Every licensee shall cooperate in any inquiry, inspection or investigation conducted by or on behalf of the Board or the Director pursuant to N.J.A.C. 13:45C.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 6 - GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE › Section 13:44H-6.2 - Unlicensed practice of prosthetics, orthotics and prosthetics-orthotics

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 prosthetics, orthotics and prosthetics-orthotics:
1. Offering or rendering orthotics or prosthetics services by any person other than a licensed orthotist, licensed prosthetist, licensed prosthetist-orthotist, certified pedorthist, pedorthist licensed to the practice of orthotics and prosthetics on the ankle and below, licensed orthotist assistant, a licensed prosthetist, a licensed prosthetist-orthotist assistant or by a licensed professional acting within his or her scope of practice and exempt pursuant to 13:44H-1.1(c).
2. The use by any person other than a licensed orthotist, prosthetist or prosthetist-orthotist of:
i. Any title or designation which includes the words orthotist, prosthetist or prosthetist-orthotist which may mislead the public; or
ii. The abbreviations L.O., L.P., L.P.O. or any similar abbreviations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44H - ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS › Subchapter 6 - GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE › Section 13:44H-6.3 - Continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commencing with the 2007 renewal, upon biennial license renewal, a licensee shall attest that he or she has completed courses of continuing education of the types and number of credits specified in (c) below. Falsification of any information submitted on the renewal application may require an appearance before the Board and may result in penalties and/or suspension or revocation of the license pursuant to 45:1-21 through 45:1-25.
(b) Licensees applying for their first biennial renewal are exempt from this continuing education requirement.
(c) Applicants for biennial license renewal shall complete the following continuing education credits during the preceding biennial period:
1. For prosthetist-orthotists, a minimum of 40 credits in topics related to prosthetics and orthotics;
2. For orthotists, a minimum of 30 credits in topics related to orthotics;
3. For prosthetists, a minimum of 30 credits in topics related to prosthetics;
4. For prosthetist-orthotist assistants, a minimum of 16 credits in topics related to prosthetics and orthotics;
5. For orthotist assistants, a minimum of 12 credits in topics related to orthotics; and
6. For prosthetist assistants, a minimum of 12 credits in topics related to prosthetics.
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-7.1 - Display of notice of licensure; notification of availability of fee information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensed orthotists, prosthetists, prosthetist-orthotist, licensed orthotist assistants, licensed prosthetist assistants, licensed prosthetist-orthotist assistants and pedorthists licensed to practice orthotics and prosthetics to the ankle and below shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to patients to provide actual notice to the patient:
1. "ORTHOTISTS, PROSTHETISTS, PROSTHETIST-ORTHOTISTS, ORTHOTIST ASSISTANTS, PROSTHETIST ASSISTANTS AND PROSTHETIST-ORTHOTIST ASSISTANTS ARE LICENSED BY THE ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS, AN AGENCY OF THE DIVISION OF CONSUMER AFFAIRS. CERTIFIED PEDORTHISTS MAY OBTAIN VOLUNTARY LICENSURE TO PRACTICE ORTHOTICS AND PROSTHETICS TO THE ANKLE AND BELOW. ANY MEMBER OF THE PUBLIC MAY NOTIFY THE BOARD OF ANY COMPLAINT RELATIVE TO THE PRACTICE CONDUCTED BY AN ORTHOTIST, PROSTHETIST, PROSTHETIST-ORTHOTIST, ORTHOTIST ASSISTANT, PROSTHETIST ASSISTANT, PROSTHETIST-ORTHOTIST ASSISTANT OR A CERTIFIED PEDORTHIST LICENSED BY THE ORTHOTICS AND PROSTHETICS BOARD OF EXAMINERS. THE BOARD'S ADDRESS IS:
NEW JERSEY DIVISION OF CONSUMER AFFAIRS
ORTHOTICS AND PROSTHETICS BOARD
OF EXAMINERS
PO BOX 45034
124 HALSEY STREET
NEWARK, NEW JERSEY 07101"
2. "INFORMATION ON PROFESSIONAL FEES IS AVAILABLE UPON REQUEST FROM THIS OFFICE."
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-7.2 - Excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not charge an excessive fee for services. Factors which the Board may consider in determining whether a fee is excessive include the following:
1. The time and effort required to perform the service or treatment;
2. The skill required to properly perform the service or treatment;
3. The experience, reputation and expertise of the licensee performing the service;
4. The nature and circumstances under which the service is provided; and
5. Whether the fee was set by an institution or agency.