reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.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 of N.J.A.C. 13:35-6B.4, a licensee may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision of health care services to patients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the patient's originating site and record this information in the patient's record.
(c) A licensee providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided in (e) below, a video component that allows a licensee to see a patient and the patient to see the licensee during the provision of 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.6 - Prescriptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the requirements for in-person interaction in N.J.A.C. 13:35-7, a licensee providing services through telemedicine or telehealth may issue a prescription to a patient, if the issuance of such a prescription is consistent with the standard of care or practice standards applicable to the in-person setting.
(b) A licensee shall not issue a prescription based solely on responses provided in an online questionnaire, unless the licensee has established a proper licensee-patient relationship pursuant to N.J.A.C. 13:35-6B.4.
(c) Notwithstanding (a) above, and except as provided in (d) below, a licensee shall not issue a prescription for a Schedule II controlled dangerous substance unless the licensee has had an initial in-person examination of the patient and a subsequent in-person visit with the patient at least every three months for the duration of the time the patient is prescribed the Schedule II controlled dangerous substance.
(d) The prohibition of (c) above shall not apply when a licensee prescribes a stimulant for a patient under the age of 18 years, as long as the licensee is using interactive, real-time, two-way audio and video technologies and the licensee has obtained written consent for a waiver of in-person examination requirements from the patient's parent or guardian.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.7 - 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 of N.J.A.C. 13:35-6.5, 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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.8 - 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. 13:35-6B.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 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6B - TELEMEDICINE › Section 13:35-6B.9 - Privacy and notice to patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees who communicate with patients by electronic communications, other than telephone or facsimile, shall establish written privacy practices that are consistent with Federal standards under 45 CFR 160 and 164, which are incorporated herein by reference, as amended and supplemented, relating to privacy of individually identifiable health information.
(b) Written privacy practices required by (a) above shall include privacy and security measures that assure confidentiality and integrity of patient-identifiable information. Transmissions, including patient 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 in 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR 164.
(d) Licensees, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient's written acknowledgement of receipt of the notice.
(e) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give patients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the patient received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the licensee shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person medical evaluation, reasonably able to meet the patient's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.1A - Examination of patient's condition required prior to dispensing drugs or issuing a prescription; exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, a practitioner shall not dispense drugs or issue prescriptions to an individual, pursuant to the requirements of this subchapter, without first having conducted an examination, which shall be appropriately documented in the patient record. As part of the patient examination, the practitioner shall:
1. Perform an appropriate history and physical examination;
2. Make a diagnosis based upon the examination and all diagnostic and laboratory tests consistent with good medical care;
3. Formulate a therapeutic plan and discuss such plan, along with the basis for the plan and the risks and benefits of various treatment options, with the patient; and
4. Ensure the availability of the physician or coverage for the patient for appropriate follow-up care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.2 - Requirements for issuing written prescriptions for medicines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner, acting within the scope of lawful practice and after an examination or evaluation of the patient's condition, may issue a written prescription for a drug to a patient, guardian or authorized representative in the form authorized by this section. The practitioner shall assure that appropriate follow-up is provided and that the effects of the drug are properly evaluated and integrated into the treatment plan for the patient.
(b) (Reserved)
(c) Written prescriptions shall be issued only on New Jersey Prescription Blanks (NJPB), secured from an approved vendor and subject to the required security mandates of the prescription blank program.
(d) A practitioner shall include the following information on each written prescription:
1. The prescribing practitioner's full name, address, telephone number, license number, and proper academic degree or identification of professional practice for which licensed;
2. The full name, age and address of the patient;
3. The date of issuance;
4. The name, strength and quantity of the drug prescribed;
5. Words, in addition to numbers, to indicate the drug quantity authorized if the prescription is for a Schedule II controlled substance, for example: ten (10) Percodan; or five (5) Ritalin 5 mg;
6. The number of refills permitted or time limit for refills, or both;
7. The handwritten original signature of the prescribing practitioner;
8. An explicit indication, by initials placed next to "do not substitute" (see (e) below), if it is the prescribing practitioner's intention that a specified brand name drug be dispensed;
9. The prescribing practitioner's D.E.A. number, if the drug is a controlled substance; and
10. Adequate instruction for the patient as to frequency; a direction of "p.r.n." or "if needed" alone may be used if appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.4 - Facsimile transmitted prescriptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner, acting within his or her scope of lawful practice and after an examination of the patient's condition, consistent with the requirements of 13:35-7.1A, may transmit, or have an authorized agent transmit, a facsimile prescription to a pharmacy which has been approved by a patient, a patient's guardian, or a patient's authorized representative, consistent with the requirements of this section. For purposes of this section, "facsimile prescription" means a prescription issued by the practitioner which is transmitted by a device which sends an exact image to the receiver.
(b) A practitioner shall comply with all requirements set forth in this subchapter, and shall ensure that all information required to be included on a written prescription pursuant to 13:35-7.2(d)  is provided on each facsimile prescription, except that an NJPB shall not be required for the prescription.
(c) The transmission of a facsimile prescription shall contain the following:
1. The identification number of the facsimile machine which is used to transmit the prescription to the pharmacy;
2. The time and date of the transmission of the prescription;
3. The name, address, telephone number and facsimile number of the pharmacy to which the prescription is being transmitted; and
4. If an authorized agent transmits the facsimile prescription, the full name and title of the transmitting agent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.5 - Requirements for the dispensing of drugs and special limitations applicable to the dispensing of drugs for a fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner, acting within the scope of lawful practice and after an examination or evaluation of the patient's condition, may dispense a drug directly to a patient, guardian or authorized representative under the circumstances and limitations set forth in this section. The practitioner shall assure that appropriate follow-up is provided and that the effects of the drug are properly evaluated and integrated into the treatment plan for the patient.
(b) A practitioner who dispenses drugs in the office shall maintain those drugs in an area kept in an orderly and sanitary manner, and in accordance with standard pharmaceutical practice and manufacturer recommendations concerning storage conditions, including refrigeration, where necessary. A practitioner shall not maintain in inventory any drugs which are outdated, misbranded, deteriorated, adulterated, recalled, unlabeled, damaged, discontinued or which were previously dispensed to a patient. A practitioner shall be responsible for the disposal of such drugs in a manner which will not pose a health hazard and in accordance with all local, State and Federal requirements.
(c) All drugs dispensed shall be recorded in the applicable patient record.
(d) All drugs dispensed, with the exception of samples of drugs which are not controlled substances and which are packaged and labeled by the manufacturer, shall be recorded in a permanent, contemporaneous dispensing log which shall contain, at a minimum, the following:
1. The full name of the patient;
2. The complete name of each drug dispensed;
3. The strength and quantity of the drug dispensed;
4. Instructions as to the frequency of use;
5. The date of dispensing; and
6. The identity of the dispensing practitioner, if more than one practitioner dispenses in the office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.7 - Prohibitions on prescribing, administering or dispensing of controlled substances for detoxification; limited exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner shall not issue a prescription for a narcotic drug or for a depressant drug listed in any schedule which drug is intended for the purpose of "detoxification" or "maintenance treatment."
(b) Unless registered with the Division of Consumer Affairs to conduct a narcotic treatment program pursuant to 24:21-10 and 13:45H-11.2, a practitioner shall not dispense or administer a narcotic drug or a depressant drug listed in any schedule which drug is intended for the purpose of "detoxification" or "maintenance treatment," except:
1. To relieve acute withdrawal symptoms, provided that:
i. Such treatment shall not exceed 72 hours;
ii. No more than one day's supply of the drug is provided to the patient at a time; and
iii. Arrangements are made for referring the patient to an addiction specialist or a drug treatment program for treatment; or
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.8 - Prohibitions and limitations in the prescribing, administering or dispensing of amphetamines and sympathomimetic amines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner shall not prescribe, order, dispense, administer, sell or transfer any amphetamine or sympathomimetic amine designated as a Schedule II controlled substance for use in weight management, dieting or any other anorectic purpose, or for the treatment of fatigue.
(b) A practitioner may prescribe, dispense or administer amphetamine or sympathomimetic amine drugs or compounds designated as Schedule II controlled substances, only as follows:
1. For the treatment of the following conditions:
i. Narcolepsy established by recognized diagnostic criteria;
ii. Idiopathic Central Nervous System Hypersomnia established by recognized diagnostic criteria;
iii. Attention Deficit Disorder established by recognized diagnostic criteria;
iv. Drug-induced brain dysfunction;
v. Epilepsy;
vi. Depression shown to be refractory to other therapeutic modalities; and
vii. Senile apathetic behavior;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.9 - Prohibitions and special limitations on prescribing, administering, or dispensing anabolic steroids and human growth hormone or its similar analogs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner shall not prescribe, order, dispense, administer, sell, or transfer any anabolic steroid or human growth hormone or its similar analogs, unless there is a bona fide relationship with the patient, a medical history has been obtained, and a full physical examination has been performed, establishing a valid medical indication and necessity as provided in (b), (c), or (d) below.
(b) Valid medical indication and necessity for human growth hormone or its similar analogs is established when there is:
1. A documented diagnosis of hormonal deficiency causing short stature in children;
2. A record of long-term treatment of growth failure due to lack of endogenous GH secretion;
3. A record of long-term treatment of short stature associated with Turner's syndrome;
4. A documented diagnosis of adult short bowel syndrome;
5. A documented diagnosis of adult deficiency due to pituitary tumors or their treatment or muscle wasting disease associated with HIV/AIDS; or
6. A documented diagnosis of any other medical condition specifically recognized by the U.S. Secretary of Health and Human Services as appropriate for treatment with human growth hormone or its similar analogs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.10 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violation of 13:35-7.1 through 7.9 may be deemed to constitute one or more of the following:
1. Distribution or dispensing of a controlled substance in an indiscriminate manner, or not in good faith, or without good cause, as prohibited by 45:1-21(e);
2. Gross or repeated malpractice, neglect, or incompetence in the practice of medicine, as prohibited by 45:1-21(c) and (d);
3. Professional misconduct, as prohibited by 45:1-21(e);
4. A failure to comply with the provisions of an Act or regulation administered by the Board, as prohibited by 45:1-21(h); and
5. Unprofessional conduct, which would present an imminent danger to an individual patient or to the public health, safety or welfare, within the meaning of 45:1-37(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7A - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:35-7A.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement certain provisions of the New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307.
(b) The rules in this subchapter shall apply to physicians who provide certifications and written instructions for patients seeking marijuana for medical use pursuant to rules adopted by the Board and by the Department of Health and Senior Services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7A - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:35-7A.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 indicates otherwise.
"Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for the assessment, care and treatment of a patient's debilitating medical condition, consistent with the requirements at N.J.A.C. 13:35-7A.5. For purposes of this definition, "ongoing responsibility" means:
1. The physician-patient relationship has existed for at least one year;
2. The physician has seen and/or assessed the patient for the debilitating medical condition on at least four visits; or
3. The physician assumes responsibility for providing management and care of the patient's debilitating medical condition after conducting a comprehensive medical history and physical examination, including a personal review of the patient's medical record maintained by other treating physicians reflecting the patient's reaction and response to conventional medical therapies.
"Certification" means a statement signed by a physician with whom a patient has a bona fide physician-patient relationship, which attests to the physician's authorization for the patient to be registered to use marijuana.
"Debilitating medical condition" means:
1. One of the following conditions, if resistant to, or if the patient is intolerant to, conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; or glaucoma;
2. One of the following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia or wasting syndrome results from the condition or its treatment: positive status for human immunodeficiency virus, acquired immune deficiency syndrome or cancer;
3. Amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy or inflammatory bowel disease, including Crohn's disease;
4. Terminal illness, if the physician has determined a prognosis of less than 12 months of life; or
5. Any other medical condition or its treatment that is approved by the New Jersey Cannabis Regulatory Commission by rule.
"Medical use of marijuana" means the acquisition, possession, transport or use of marijuana or paraphernalia by a qualified patient registered with the New Jersey Cannabis Regulatory Commission pursuant to P.L. 2009, c. 307 and P.L. 2019, c. 153.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7A - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:35-7A.3 - Requirement for physician participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician shall provide a certification and written instructions for a patient for the medical use of marijuana only if:
1. The physician holds an active New Jersey license in good standing issued by the Board and possesses an active controlled dangerous substances registration issued by the Division of Consumer Affairs that is not subject to limitation; and
2. The physician has a bona fide physician-patient relationship with the patient.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7A - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:35-7A.4 - Certification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to issuing a certification for the medical use of marijuana, the physician shall have conducted a comprehensive medical history and physical examination of the patient to determine whether the patient suffers from a debilitating medical condition that qualifies the patient to receive marijuana pursuant to 24:6I-3.
(b) The certification shall be signed and dated by the physician and shall attest to the physician's authorization for the patient to be registered with the Department of Health and Senior Services for the medical use of marijuana. If authorized by the Department of Health and Senior Services, the certification shall be electronically transmitted to the Department of Health and Senior Services. The certification shall include the following information:
1. Physician name, address and telephone number;
2. Physician license number and CDS registration number;
3. Patient name, address, telephone number and date of birth;
4. If applicable, caregiver name, address, telephone number and date of birth;
5. Diagnosis of debilitating medical condition; and
6. Any other information required by the Department of Health and Senior Services by rule.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7A - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:35-7A.5 - Written instruction requirements; reassessment; records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician may provide written instructions for the medical use of marijuana for a qualified patient registered with the Department of Health and Senior Services, provided the requirements in this section are satisfied. If authorized by the Department of Health and Senior Services, the physician may provide the written instruction by electronic or other means directly to an alternative treatment center on behalf of a registered qualifying patient.
(b) The physician's written instructions shall include the following information:
1. Physician name, address and telephone number;
2. Physician license number and CDS registration number;
3. Patient name, address, telephone number, date of birth and registry identification number;
4. If applicable, caregiver name, address, telephone number, date of birth and registry identification number;
5. Name of the permitted alternative treatment center;
6. Quantity of marijuana to be dispensed; and
7. Any other information required by the Department of Health and Senior Services by rule.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7A - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:35-7A.6 - Duty to report information to the Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician shall comply with all requests for information from the Division of Consumer Affairs concerning the issuance of certifications and written instructions for the medical use of marijuana as provided in N.J.A.C. 13:45A-33.
(b) Failure on the part of a physician to comply with the requirements of N.J.A.C. 13:45A-33 may subject the physician to disciplinary action pursuant to 45:1-21 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter are established pursuant to 45:9A-7 and govern the licensing and the practice of hearing aid dispensing in the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.2 - 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 meaning unless the context clearly indicates otherwise.
"Act" means the New Jersey Hearing Aid Dispensers Act, 45:9A-1 et seq. as amended and/or supplemented.
"Advertisement" means any attempt, directly or indirectly, by publication, display, dissemination or circulation, in print or electronic media, which induces or attempts to induce any person to purchase or enter into an agreement to purchase a hearing aid, services and/or merchandise from a licensee.
"Board" means the State Board of Medical Examiners.
"Committee" means the Hearing Aid Dispensers Examining Committee.
"Hearing aid" means a hearing aid as defined by 45:9A-2(c)  and includes the earmold system.
"Licensee" means any person who has been duly issued a license to fit and dispense hearing aids in accordance with 45:9A-1 et seq. and this subchapter.
"Place of practice" means the actual physical location of the office and business address from which the licensee conducts his or her business and where relevant books and records are maintained.
"Sponsor" means any person holding a valid license pursuant to 45:9A-1 et seq. for two or more years who is deemed qualified by the Committee to instruct, train and supervise in the requisite skills, methods and techniques so as to insure competency in the fitting and dispensing of hearing aids and who has assumed the responsibilities for supervising and training in accordance with 45:9A-16 and the provisions of this subchapter.
"Temporary license" means a temporary license as defined by 45:9A-16(a)  and the provisions of this subchapter.
"Training permit" means a temporary license as defined by 45:9A-16(b)  and the provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.3 - Training and experience requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as a hearing aid dispenser shall submit one of the following to the Committee:
1. Proof of completion of a minimum of six months continuous or interrupted training within a 24-month period ending with the deadline for making application to take the next examination;
2. Proof of successful completion of a college curriculum in hearing aid selection and fitting approved by the Committee and/or the Commission on Higher Education; or
3. Proof of successful completion of a master's degree in audiology from an American Speech Language Hearing Association accredited college or university after January 1, 1993.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.4 - Training permits; issuance and practice

Current through Register Vol. 56, No. 14, July 15, 2024
The Committee shall issue a training permit in accordance with 45:9A-16(b)  and the provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.5 - Temporary licenses; issuance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may issue a temporary license in accordance with N.J.S.A. 45:9-16(a) and the provisions of this subchapter to an applicant provided he or she has not previously held a training permit or has not previously taken the licensing examination described in 45:9A-10 and 13:35-8.17. A temporary license shall not be renewed when an applicant has failed the licensing examination, except on showing of good cause (such as illness or emergency precluding the taking of the examination).
(b) Persons from another jurisdiction who are not eligible for license by endorsement under 45:9A-13 who wish to sit for the licensing examination shall demonstrate a minimum of two years of full-time independent experience in dispensing, fitting and selling hearing aids as defined by 45:9A-2(d)  and 13:35-8.8. The applicant must submit documentation and verification of said experience satisfactory to the Committee, or submit verification of current licensure to practice audiology in the State of New Jersey.
(c) Applicants may be interviewed by the Committee, at which time their education, training and experience will be examined. Where an applicant's documentation of education, training and experience appears unsatisfactory, the Committee may deny a temporary license, but may permit the applicant to sit for the next licensing examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.6 - Temporary licenses; practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A temporary licensee shall spend a minimum of 20 days in the office or business location of his or her sponsor within any 60-day period.
(b) A temporary licensee shall not maintain an independent office or a place of business for the purpose of dispensing hearing aids, but shall at all times operate in the sponsor's office in a manner consistent with the ability of his or her sponsor to provide responsible supervision.
(c) No temporary licensee shall complete a sale of hearing aids without the physical presence of his or her sponsor, and without obtaining the sponsor's signature on the purchase agreement.
(d) Every temporary licensee shall submit a daily written report of his or her activities to his or her sponsor which shall be retained as part of the permanent records.
(e) Upon submitting an application for a license, every temporary licensee shall submit an affidavit from his or her sponsor attesting to the supervision requirements of 45:9A-1 et seq. and this subchapter.
(f) Upon request, all records shall be made available to the Committee for its review and evaluation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.7 - Sponsors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every trainee and temporary licensee shall be supervised and trained by a sponsor who has fulfilled the requirements of 45:9A-16 and the provisions of this subchapter.
(b) In addition, a sponsor shall:
1. Supervise at any one time no more than a total of two persons who may be temporary licensees and/or permit holders;
2. Be present in the same physical location for purposes of training and supervision;
3. Not pre-sign purchase agreements;
4. Maintain a daily log for each day of supervision and training as part of the permanent record;
5. Provide an affidavit attesting to the supervision requirements of 45:9A-1 et seq. and this subchapter; and
6. Notify the Committee within five days of any termination in the sponsorship arrangement, stating the reasons therefor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.8 - Scope of practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The practice of fitting a hearing aid as defined by 45:9A-2(d)  shall include:
1. The evaluation or measurement of the power or range of human hearing utilizing customary and appropriate instrumentation available in the field;
2. The making of an ear impression;
3. Pursuant to 13:35-8.9, the fitting and dispensing of a deep ear canal hearing aid device that requires an impression taking technique involving instruments applied to the tympanic membrane;
4. The cleaning, change of design or alteration of an earmold (including tubing);
5. The change of frequency response of any instrument;
6. The selection or adaptation of a hearing aid; and
7. The interpretation and evaluation of hearing tests and the physical examination of a person's ear, where such interpretation, evaluation or examination is used in conjunction with the dispensing of a hearing aid.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.9 - Fitting and dispensing of deep ear canal hearing aid devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may fit and dispense a deep ear canal hearing aid device that requires an impression taking technique involving instruments applied against the tympanic membrane, provided that the licensee advises the Committee, on a form provided by the Committee, of the name and address of a Board-certified ENT physician licensed in this State who has agreed to be constantly accessible through electronic communications during the impression taking process and who is available to render immediate in-person assistance when required.
(b) The licensee shall not initiate the impression taking process unless the licensee has ensured that a physician is available as required by (a) above and that the consumer has, within seven days prior to the impression taking process, received a medical evaluation from an ENT physician licensed in the State. The physician's evaluation shall determine whether a deep ear canal hearing aid device may be safely and effectively worn by the consumer and shall be documented by written medical clearance, which the licensee shall place in the consumer's patient records.
(c) The licensee shall immediately refer any consumer who develops any complications during the impression taking or fitting process to the physician identified in (a) above or to a physician selected by the consumer.
(d) The licensee shall refer the consumer, following the impression taking process, to the physician who performed the pre-impression taking evaluation or to another plenary physician licensed in the State and shall secure a written evaluation regarding the placement of the deep ear canal hearing aid device and the consumer's continuing ability to safely and effectively wear the device.
(e) The licensee shall maintain documentation of the evaluations required pursuant to subsection (b) and (d) above consistent with the provisions of 13:35-6.5(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.10 - Supervising licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every corporation, partnership, trust, association or unincorporated business entity operating for the purpose of fitting and dispensing hearing aids shall designate a duly licensed hearing aid dispenser to act as a supervising licensee.
(b) All such businesses shall file annually with the Committee the name and license number of the designated supervising licensee.
(c) The supervising licensee shall be responsible for assuring that all records are maintained in accordance with 13:35-8.16.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.11 - Notification to the Committee; biennial license renewal; license suspension; reinstatement of suspended license; inactive status; return from inactive status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall notify the Committee of any change of residence or place of practice within seven days following such change.
(b) Every licensee, temporary licensee or trainee whose license or permit has expired or has been terminated shall return the license or permit to the Committee office within five days of such invalidation.
(c) All licenses issued by the Committee shall be issued for a two-year biennial licensure period. A licensee who seeks renewal of the license shall submit a renewal application and the renewal fee set forth in 13:35-8.19 prior to the expiration date of the license.
(d) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. 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 failure to renew.
(e) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee and a late fee, as set forth in 13:35-8.19. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be practicing without a license.
(f) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license shall be deemed to be engaged in unlicensed practice.
(g) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (f) above may be reinstated by the Committee upon completion of the following:
1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to 13:35-8.19;
2. Completion of the continuing education units required for each biennial registration period for which the licensee was suspended; and
3. Submission of an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.12 - Equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The equipment necessary to dispense hearing aids in accordance with 45:9A-1 et seq. and the provisions of this subchapter shall be available for use at all place(s) of practice.
(b) All electrical equipment used in testing hearing aids including the audiometer shall be inspected as often as necessary to assure accuracy and calibrated no less often than once a year. Audiometers shall be calibrated in accordance with the American National Standard Specifications for Audiometers (ANSI S3.6-1969) and the American National Standard for an Artificial Head Bone for the Calibration of Bone Vibrations (ANSI S3.13-1972). Complete records of calibration shall be maintained as part of the licensee's permanent records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.13 - Hearing testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No hearing aid shall be sold to a person who has not first been given a hearing examination, within the previous six months, utilizing appropriate established procedures and instrumentation for the measurement of the hearing and the fitting of hearing aids, unless the dispensing consists solely of making an exact make and model replacement or spare aid of an immediately preceding hearing aid fitted within the last 12 months.
1. The appropriate hearing test which must precede any hearing aid fitting shall include at a minimum pure tone air conduction and bone conduction thresholds. In such cases, the testing shall be performed under conditions suitable to obtain valid and reliable thresholds.
2. Where indicated, SRT, MCL, TD, speech discrimination and other tests which may be necessary shall be provided by using customary and appropriate instrumentation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.14 - Advertising and Solicitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensee who engages in the use of advertising, stationery, business cards or signs which contain any of the following shall be deemed to have committed professional misconduct in violation of 45:1-21:
1. Any statement, claim or format which is false, fraudulent, misleading or deceptive;
2. Any misrepresentation of material fact;
3. Any omission or concealment of material fact, under circumstances where a licensee knows or should know that the omission is improper or is likely to hamper a customer from making a full and informed judgment on the basis of the information set forth;
4. Any claim that the service performed or the materials used are superior to that which is ordinarily performed or used in the business unless such claim can be documented as truthful and not misleading;
5. A technique or communication which appears to intimidate, exert undue pressure or undue influence on a customer;
6. The use of terms such as "prescription made" and "certified hearing aid audiologist" or "audiologist," unless the person to whom reference made is a licensed audiologist as defined by 45:3B-2(a);
7. The use of any term that connotes a medical competence that does not exist; or
8. The use of the name of a temporary licensee or trainee in an advertisement, sign, stationery or business card.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.15 - Abandonment; excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be professional misconduct for a licensee to unilaterally terminate without good cause as determined by the Committee, an agreement to deliver service(s) and/or equipment to a customer without first making arrangements for the orderly continuation of said services and/or equipment delivery.
(b) It shall be professional misconduct for any licensee to demand or accept excessive fees for service(s) or equipment rendered in connection with the sale or fitting of hearing aids. The excessiveness of such fee shall be determined by the Committee based on whether, after a review of the facts, a reasonable person would be left with a definite and firm conviction that the fee is so high as to be manifestly unconscionable or overreaching under the circumstances and as further described in 13:35-6.11(c).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.16 - Itemization of services and equipment; retention of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the written specified data and receipt requirements defined in 45:9A-23, a written itemization of the costs of all services and equipment shall be presented to a customer before dispensing a hearing aid. The itemization shall include all services and equipment including:
1. Hearing test and examination of the ear;
2. Fitting of an earmold;
3. Dispensing services;
4. Necessary cleaning, servicing and refitting for at least the first year following sale;
5. The cost of the earmold; and
6. The cost of the hearing aid.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.17 - Licensing examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensing examination shall consist of a written and practical examination in accordance with 45:9A-11.
(b) The written examination shall consist of:
1. The International Licensing Examination (ILE) offered by the International Hearing Society (IHS); and
2. A jurisprudence examination offered by the Committee, testing knowledge relating to the laws and rules governing the practice of fitting and dispensing hearing aids.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.18 - Violation of the Rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Failure to comply with any provision of 45:9A-1 et seq., or this subchapter shall be deemed a violation of the Hearing Aid Dispensers Act and may result in disciplinary action pursuant to 45:1-21 and 45:1-22.
(b) The notice of proposed suspension or revocation shall inform the licensed individual of the right to request a hearing. The hearing shall be pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 8 - HEARING AID DISPENSERS › Section 13:35-8.19 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee schedule for the Hearing Aid Dispensers Examining Committee of the State Board of Medical Examiners, in the Division of Consumer Affairs in the Department of Law and Public Safety, shall be as follows:
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(b) The Committee will refund the examination fee only if the application is rejected by the Committee or withdrawn by the applicant within 14 days after the Committee's receipt of the application.
(c) An applicant who fails to sit for an examination for which payment has been submitted may, one time only, have the fee credited toward the next scheduled examination. If the applicant fails to sit for such next scheduled examination, the fee will be forfeited.