reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.2 - Application for a temporary license as a polysomnographic technician

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provisionally licensed polysomnographic trainee applying for a temporary license as a polysomnographic technician shall submit to the Board:
1. A completed application on a form provided by the Board;
2. Proof that the applicant has successfully completed the A-STEP Self-Study Modules within the last year;
3. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
4. Documentary proof signed by a supervising polysomnographic technologist or qualified medical director, indicating that the applicant has completed at least 50 sleep studies in one or more facilities that are provisionally or fully accredited by AASM during a period that was at least two months long within the last year;
5. Proof that the applicant will be supervised by a licensed polysomnographic technologist or a licensed physician while acting as a polysomnographic technician pursuant to 13:44L-5.2; and
6. The licensing fee set forth in 13:44L-6.1(a)3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.2A - 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 for a license as a polysomnographic technician 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
13:44L-2.2(a)
or (b) 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, experience, and education 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, experience, and education required for licensure under
13:44L-2.2(a)
or (b).
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 or a successor form, as amended and supplemented.
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
13:44L-2.2(a)
2 and 3, or (b)3, 4, and 5, as appropriate. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of polysomnography that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for licensure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.3 - Application for license as a polysomnographic technologist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed polysomnographic technician applying for licensure as a polysomnographic technologist shall submit to the Board:
1. A completed application on a form provided by the Board;
2. Proof that applicant has completed 10 continuing education credits over the past year that qualify for credit pursuant to 13:44L-4.1;
3. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
4. Documentary proof signed by a supervising polysomnographic technologist or qualified medical director indicating that the applicant has completed at least 50 sleep studies in one or more facilities that are State-licensed or are provisionally or fully accredited by AASM;
5. Proof that the applicant has successfully completed either the RPSGT examination administered by the BRPT or the RST examination administered by the ABSM;
6. The licensing fee set forth in 13:44L-6.1(a)2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.3A - 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 for a license as a polysomnographic technologist 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
13:44L-2.3(a)
or (b) 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, experience, and education 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, experience, and education required for licensure under
13:44L-2.3(a)
or (b).
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 or a successor form, as amended and supplemented.
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
13:44L-2.3(a)
3 or (b)3 and 4, as appropriate. For purposes of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of polysomnography that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for licensure, including successful completion of the examination as set forth in
13:44L-2.3(a)
5 or (b)5, as appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.4 - Application for licensure by out-of-State licensed polysomnographic technologist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as a licensed polysomnographic technologist who is licensed as a polysomnographic technologist in another state shall submit to the Board:
1. A completed application on a form provided by the Board;
2. A completed Criminal History Certification of Authorization form;
3. Proof that the applicant is licensed in a state that requires successful completion of either:
i. A CAAHEP accredited polysomnographic course; or
ii. The A-STEP Introductory Course, A-STEP Self-Study Modules and at least 50 case studies;
4.Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
5. Proof that the applicant has successfully completed either the RPSGT examination administered by the BRPT or the RST examination administered by the ABSM; and
6. The application fee set forth in 13:44L-6.1(a)1  and the licensing fee set forth in 13:44L-6.1(a)2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 2 - LICENSURE › Section 13:44L-2.5 - Licensure for those who passed BRPT examination or practiced prior to May 17, 2010

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to November 17, 2010, a person who has passed the certification examination administered by the BRPT prior to May 17, 2010, may apply to the Board for a license as a polysomnographic technologist.
(b)A person applying for a polysomnographic technologist license pursuant to (a) above shall submit:
1. A completed application on a form provided by the Board;
2. A completed Criminal History Certification of Authorization form;
3. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
4. Proof that the applicant has successfully completed the certification examination administered by the BRPT; and
5. The application fee set forth in 13:44L-6.1(a)1  and the licensing fee set forth in 13:44L-6.1(a)2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 3 - RENEWAL › Section 13:44L-3.1 - Change in address of record or name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed polysomnographic technologist, technician or trainee shall notify the Board in writing, within 30 days, of changes to:
1. The licensee's address of record. Service to the address of record registered with the Board shall constitute effective notice pursuant to 13:45-3.2; or
2. The licensee's legal name. Notification of a name change shall include a copy of the marriage license or a court order, which authorized the legal name change.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 3 - RENEWAL › Section 13:44L-3.2 - Renewal of polysomnographic technologist license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licenses shall be renewed biennially on a form provided by the Board. Each licensed polysomnographic technologist shall attest that the continuing education requirements of 13:44L-4.1 have been completed during the prior biennial period.
(b) The Board shall send a notice of renewal to each licensed polysomnographic technologist, 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 60 before the renewals were issued.
(c) The licensed polysomnographic technologist shall submit the renewal application and pay the renewal fee pursuant to 13:44L-6.1(a)5  prior to the date of expiration of the license. If the licensed polysomnographic technologist does not renew the license prior to its expiration date, the licensed polysomnographic technologist 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 13:44L-6.1(a)7. A licensed polysomnographic technologist 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 polysomnographic technologists after being suspended shall be deemed to have violated 45:14G-9, even if no notice of suspension had been provided to the person.
(e) A person seeking reinstatement as a polysomnographic technologist within five years following the suspension of a license shall submit the following to the Board:
1. A completed reinstatement application on a form provided by the Board;
2. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
3. Payment of all past delinquent renewal fees as set forth in 13:44L-6.1(a)5;
4. Payment of a reinstatement fee as set forth in 13:44L-6.1(a)8;
5. A certification verifying completion of the continuing education credits required pursuant to 13:44L-4.1 for the renewal of a license for each biennial renewal period during which the person was suspended; and
6. 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 3 - RENEWAL › Section 13:44L-3.3 - Renewal of polysomnographic technician license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed polysomnographic technician may renew his or her temporary license once.
(b) A licensed polysomnographic technician who wishes to renew his or her temporary license shall apply to the Board for renewal 60 days prior to the expiration of his or her temporary license.
(c) A licensed polysomnographic technician applying for renewal of a temporary license pursuant to (b) above shall submit to the Board:
1. A completed renewal of temporary license application on a form provided by the Board;
2. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
3. Proof that the licensed polysomnographic technician will be supervised by a licensed polysomnographic technologist or a licensed physician while acting as a polysomnographic technician pursuant to 13:44L-5.2;
4. Documentary proof signed by a supervising polysomnographic technologist or qualified medical director indicating that, within the last year, the applicant has completed at least 100 sleep studies in a facility that is either State-licensed or provisionally or fully accredited by AASM;
5. Proof that the licensed polysomnographic technician has completed 10 continuing education credits pursuant to 13:44L-4.1 within the last year; and
6. The license renewal fee set forth in 13:44L-6.1(a)6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 3 - RENEWAL › Section 13:44L-3.4 - Inactive status for provisional and temporary license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A polysomnographic trainee or technician may request the Board to place a provisional or temporary license on inactive status for reasons of hardship, which prevent the individual from acting as a polysomnographic trainee or technician, such as severe illness, disability or military service.
(b) A request for inactive status shall be submitted to the Board in writing and shall set forth in specific detail the reasons for requesting inactive status. The polysomnographic trainee or technician shall provide the Board with supplemental materials that support the request for inactive status.
(c) If the Board determines that the individual will not be able to act as a trainee or technician due to the hardship identified in the written request, the Board shall put the individual's provisional or temporary license on inactive status.
(d) A polysomnographic trainee or technician on inactive status shall not practice or hold him- or herself out as a polysomnographic trainee or technician.
(e) If a provisional or temporary license is placed on inactive status, the period during which the license is inactive shall not count towards the one-year effective period of the license set forth in 13:44L-2.1(b)  or 2.2(c).
(f) A polysomnographic trainee or technician on inactive status may request a return to active status by submitting a written request to the Board, indicating why he or she is able to recommence acting as a polysomnographic trainee or technician. A written request for return from inactive status shall also include:
1. Proof that the applicant holds current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of the Health Care Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines;
2. Proof that the applicant will be supervised by a licensed polysomnographic technologist or a licensed physician while acting as a polysomnographic trainee or technician pursuant to 13:44L-5.2 or 5.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 4 - CONTINUING EDUCATION › Section 13:44L-4.1 - Continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon biennial licensure renewal, each licensed polysomnographic technologist shall attest that he or she has completed courses of continuing education of the types and number of credits specified in (b), (c) and (d) below and 13:44L-4.2. Falsification of any information submitted on the renewal application may require an appearance before the Board and may subject a licensee to penalties and/or suspension or revocation of the licensure pursuant to 45:1-21 through 45:1-25.
(b) Each applicant for biennial license renewal as a licensed polysomnographic technologist shall be required to obtain current certification in Basic Life Support or Cardiopulmonary Resuscitation/Automated External Defibrillator (CPR/AED) to the level of Healthcare Provider or Professional Rescuer as issued by the American Heart Association, the American Red Cross, or another entity determined by the Department of Health to comply with AHA CPR Guidelines.
(c) Each applicant for biennial license renewal as a licensed polysomnographic technologist shall be required to complete, during the preceding biennial period, except as provided in (d) below, a minimum of 20 credits of continuing education related to the practice of polysomnography, with at least five of those credits being completed in each year.
(d) A licensed polysomnographic technologist who is initially licensed in the second year of a biennial renewal period shall be required to complete 10 credits of continuing education.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 4 - CONTINUING EDUCATION › Section 13:44L-4.2 - Continuing education programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed polysomnographic technologist may obtain continuing education credits from the following:
1. Successful completion of continuing education courses or programs related to the practice of polysomnography recognized by the BRPT Education Advisory Board (BRPT-EAC), the AASM, the AAST, the American Society of Electroneurodiagnostic Technologists, Inc. (ASET), the American Association for Respiratory Care (AARC), the American Nurses Association (ANA), the American Medical Association (AMA), the American College of Chest Physicians (ACCP) and the American Physical Therapy Association (APTA); one credit for each hour of attendance;
2. Reading articles, and completing self tests on those articles, that have been approved by BRPT-EAC, AAST or AASM; one and one-half credit hours for every four articles completed, up to 12 credits.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 4 - CONTINUING EDUCATION › Section 13:44L-4.3 - Continuing education audits; records of continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements.
(b) A licensed polysomnographic technologist shall maintain the following documentation for a period of four years after completion of the credit hours and shall submit such documentation to the Board upon request for:
1. Attendance at programs or courses: a certificate of completion from the sponsor; and
2. Reading articles: a certificate of completion from either BRPT, AAST or AASM.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 4 - CONTINUING EDUCATION › Section 13:44L-4.4 - Additional continuing education credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may direct or order a licensed polysomnographic technologist to complete continuing education credit hours:
1. As part of a disciplinary or remedial measure in addition to the required 20 hours of continuing education; or
2. To correct a deficiency in the licensee's continuing education requirements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.1 - Scope of practice: licensed polysomnographic technologist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following functions are within the scope of practice of a licensed polysomnographic technologist:
1. Analyzing, monitoring and recording physiologic data during sleep and wakefulness;
2. Assessing and assisting in the treatment and research of disorders, syndromes, and dysfunctions that are sleep related, manifest during sleep, or disrupt normal sleep and wake cycles and activities;
3. The therapeutic and diagnostic use of oxygen;
4. The use of positive airway pressure, which includes continuous positive airway pressure (CPAP), bi-level modalities and multiple function modalities;
5. Cardiopulmonary resuscitation;
6. Maintaining nasal and oral airways that do not extend in the trachea;
7. Transcribing and implementing written or verbal orders of a physician pertaining to the practice of polysomnography;
8. Reading and analyzing test results obtained from home-based, self-administered diagnostic tests; and
9. Recognizing wake and sleep stages.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.2 - Scope of practice: licensed polysomnographic technician

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following functions are within the scope of practice of a licensed polysomnographic technician:
1. Analyzing, monitoring and recording physiologic data during sleep and wakefulness;
2. Assessing, diagnosing and assisting in the treatment and research of disorders, syndromes and dysfunctions that are sleep related, manifest during sleep or disrupt normal sleep and wake cycles and activities;
3. The therapeutic and diagnostic use of oxygen;
4. The use of positive airway pressure, which includes continuous positive airway pressure (CPAP), bi-level modalities and multiple level modalities;
5. Cardiopulmonary resuscitation;
6. Maintaining nasal and oral airways that do not extend in the trachea;
7. Transcribing and implementing written or verbal orders of a physician pertaining to the practice of polysomnography;
8. Assisting licensed polysomnographic technologists and licensed physicians with reading and analyzing test results obtained from home-based, self-administered diagnostic tests; and
9. Recognizing wake and sleep stages.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.3 - Scope of practice: licensed polysomnographic trainee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed polysomnographic trainee may assist a licensed polysomnographic technologist or licensed physician in the performance of the following functions:
1. Analyzing, monitoring and recording physiologic data during sleep and wakefulness;
2. Assessing, diagnosing and assisting in the treatment and research of disorders, syndromes and dysfunctions that are sleep related, manifest during sleep or disrupt normal sleep and wake cycles and activities;
3. The therapeutic and diagnostic use of oxygen;
4. The use of positive airway pressure, which includes continuous positive airway pressure (CPAP), bi-level modalities and multiple level modalities;
5. Cardiopulmonary resuscitation;
6. Maintaining nasal and oral airways that do not extend in the trachea;
7. Implementing written orders of a physician pertaining to the practice of polysomnography;
8. Reading and analyzing test results obtained from home-based, self-administered diagnostic tests; and
9. Recognizing wake and sleep stages.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.4 - Unlicensed practice of polysomnography; exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual is engaging in unlicensed practice of polysomnography if the individual engages in any of the practices set forth in 13:44L-5.1, 5.2 or 5.3 and is not either:
1. Licensed by the Board as a polysomnographic technologist, technician or trainee; or
2. Exempt from the requirements of this chapter pursuant to (b) or (c) below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.5 - Aiding and abetting unlicensed practice

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be unlawful for a licensed polysomnographic technologist, technician or trainee to aid or abet any unlicensed person engaging in any of the practices identified at 13:44L-5.1, 5.2 and 5.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.6 - Sexual misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this section is to identify for licensees conduct which shall be deemed sexual misconduct.
(b) As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:
"Licensee" means any person who holds a license from the Board as a licensed polysomnographic technologist, technician or trainee.
"Patient" means any person who is the recipient of polysomnographic services.
"Patient-licensee relationship" means a relationship between a licensee and a patient in which the licensee owes a continuing duty to the patient to render polysomnographic services consistent with his or her training and experience.
"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 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. "Sexual contact" does not include the touching of a patient's body, which is necessary during the performance of a generally accepted and recognized polysomnographic procedure.
"Sexual harassment" means solicitation of any sexual act, physical advances or verbal or non-verbal conduct that is sexual in nature and which occurs in connection with a licensee's activities or role as a provider of polysomnographic services and that either: is unwelcome, is offensive to a reasonable person or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include 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.
"Spouse" means the husband, wife or fiancee of the licensee or an individual involved in a long-term committed relationship with the licensee. For purposes of the definition of "spouse," a long-term committed relationship means a relationship, which is at least six months in duration.
(c) A licensee shall not engage in sexual contact with a patient with whom he or she has a patient-licensee relationship. The patient-licensee relationship is considered ongoing for purposes of this section, unless:
1. Terminated by way of written notice to the patient and documented in the patient's record; or
2. Three months have lapsed since the last professional service was rendered by the practitioner to the patient.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.7 - Posting of notification of licensure; duty to provide license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensed polysomnographic technologist, technician and trainee shall prominently display in every place where he or she practices polysomnography the following notice:
"(Name of Licensed polysomnographic technologist, technician or trainee) is licensed by the New Jersey Board of Polysomnography, an agency of the Division of Consumer Affairs. (Name of licensed polysomnographic technologist, technician or trainee) must present his or her license to you upon request. Any member of the consuming public may notify the Board of any complaint relative to the practice conducted under this license at the Division of Consumer Affairs, New Jersey Board of Polysomnography, Post Office Box 45051, 124 Halsey Street, Newark, New Jersey 07101 or through the New Jersey Board of Polysomnography's website:
http://www.nj.gov/oag/ca/medical/poly.htm
."
(b) Every licensed polysomnographic technologist, technician and trainee shall present his or her current biennial renewal certificate to any patient who requests to see the license or any individual who employs the licensed polysomnographic technologist, technician or trainee upon request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.8 - Identification tags

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensed polysomnographic technologist, technician or trainee shall wear an identification tag when engaging in the practice of polysomnography. The identification tag shall be clearly visible at all times and shall bear the first name or initial, the full surname and the term reflecting the individual's level of licensure. The letters on the tag shall be of equal size in type, not smaller than one-quarter inch. The size of the identification tag shall be equal to or greater than that of any other identification worn by the licensee.
(b) Where a general hospital requires a facility staff member who is a licensed polysomnographic technologist, technician or trainee to wear an identifying badge pursuant to P.L. 1997, c. 76 (26:2H-12.8a ), that staff member need wear only one identification badge, as long as the badge meets requirements of both P.L. 1997, c. 76 (26:2H-12.8a ) and (a) above.
(c) In order to protect his or her personal safety or to prevent the substantial invasion of his or her privacy or to prevent the identification tag from causing physical harm to the patient, a licensed polysomnographic technologist, technician or trainee may request an exemption from the requirements of (a) above. Such requests for an exemption shall be made by the licensed polysomnographic technologist, technician or trainee in writing to the Board and shall set forth the reasons why wearing the tag would endanger his or her personal safety, substantially invade his or her privacy or physically harm a patient.
(d) The exemption set forth in (c) above shall not apply to those facility staff members in a general hospital, where such general hospital requires a facility staff member to wear an identifying badge pursuant to P.L. 1997, c. 76 (26:2H-12.8a ).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44L-5.9 - Documentation of patient services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensed polysomnographic technologists shall make contemporaneous, permanent entries into facility patient records, which shall accurately reflect the polysomnographic services rendered. These entries shall contain, at a minimum:
1. An intake record;
2. The date of service;
3. Reasons for the visit;
4. The name and license number of the licensed polysomnographic technologist, technician or trainee who provided services;
5. Polysomnographic observation notes on each service provided by the licensed polysomnographic technologist, technician or trainee. Observation notes entered by a polysomnographic technician or trainee shall include the signature of the technician's or trainee's supervising polysomnographic technologist or licensed physician; and
6. A summary of any verbal orders taken by the licensed polysomnographic technologist or technician.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 6 - FEE SCHEDULE › Section 13:44L-6.1 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board in connection with the licensure of polysomnographic technologists, technicians and trainees:
1. Application fee
$ 100.00
2. Initial polysomnographic technologist licensure fee
i. If paid during the first year of a biennial renewal period
$ 500.00
ii. If paid during the second year of a biennial renewal period
$ 250.00
3. Initial polysomnographic technician licensure fee
$ 150.00
4. Initial polysomnographic trainee licensure fee
$ 50.00
5. Renewal of polysomnographic technologist licensure
$ 500.00
6. Renewal of polysomnographic technician licensure
$ 150.00
7. Late licensure renewal
$ 75.00
Plus the applicable
biennial licensure renewal fee
set forth in (a)5 or 6 above
8. Reinstatement fee
$ 175.00
Plus the applicable
biennial certification renewal
fee set forth in (a)5 or 6
above
9. Verification of license
$ 35.00
10. Duplicate license
$ 25.00
11. Inactive license fee
(to be established by the
Board by rule)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions at P.L. 2017, c. 117 (N.J.S.A. 45:161 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed by the Board as polysomnographic technologists, technicians, and trainees.
(c) Pursuant to N.J.S.A. 45:1-62, a polysomnographic technologist, technician, or trainee must hold a license issued by the Board, if the licensee:
1. Is located in New Jersey and provides health care services to any patient located in or outside 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.2 - 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 Polysomnography.
"Cross-coverage" means a licensee engages in a remote polysomnographic evaluation of a patient, without in-person contact, at the request of another licensee who has established a proper licenseepatient relationship with the patient.
"Distant site" means a site at which a licensee is located while providing health care services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Board as a polysomnographic technologist, technician, or trainee.
"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.
"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 at P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et 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 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 at P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.3 - 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.4 - 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.5 - 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. 13:44L-7.4, 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 health care 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 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.6 - 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. 13:44L-5.9, 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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.7 - 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. 13:44L-7.4(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 44L - STATE BOARD OF POLYSOMNOGRAPHY › Subchapter 7 - TELEMEDICINE › Section 13:44L-7.8 - 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 Parts 160 and 164, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) Written privacy practices required at (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 Part 164 .
(d) Licensees, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient's written acknowledgement of receipt of the notice.
(e) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give patients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the patient received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the licensee shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person medical evaluation reasonably able to meet the patient's needs.