N.J.A.C. 13:35 — BOARD OF MEDICAL EXAMINERS (Subchapter 1 to 14)

(a) When used in this section, the following terms shall have the following meanings unless the context clearly indicates otherwise: "College of medicine" means a college accredited by the Liaison Committee on Medical Education, the American Osteopathic Association (AOA), or othe…

(a) A New Jersey licensed physician may participate in an immunization program with a licensed pharmacist pursuant to N.J.S.A. 45:14-63 of the Pharmacy Practice Act, provided that the pharmacist is authorized to engage in such activities by the Board of Pharmacy pursuant to N.J.A…

(a) The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for assessment, care…

(a) A pharmacist shall be authorized to furnish self-administered hormonal contraceptives to a patient, in accordance with standardized procedures and protocols jointly developed and approved by the Board and the Board of Pharmacy as set forth at N.J.A.C. 13:39-6.28 Appendix (Pro…

(a) By this section, the Board of Medical Examiners is identifying for its licensees conduct which it shall deem to be violative of law. Specialized concerns with respect to those licensees who provide psychiatric or psychotherapeutic services are also identified. (b) As used in …

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: 1. "Physician" means a doctor of medicine (M.D.), a doctor of osteopathic medicine (D.O.), or a doctor of podiatric medicine. 2. "Certi…

(a) The following terms shall have the following meanings unless the context in which they appear indicates otherwise: "Authorized representative" means, but is not necessarily limited to, a person who has been designated by the patient or a court to exercise rights under this se…

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. "Collaboration" means the ongoing process by which an advanced practice nurse and a physician engage in practice, consistent with agree…

(a) This section contains minimum standards for the performance of new or novel procedures as defined in (b) below which are performed in the office setting and are not performed under the jurisdiction of an Institutional Review Board (IRB) which complies with the requirements of…

(a) The prescription or administration of amygdalin (laetrile) is a medical procedure which may only be performed by a physician licensed to practice medicine and surgery in the State of New Jersey, or a physician duly licensed to practice medicine and surgery in another state pr…

(a) "Physician" shall mean a physician possessing a plenary license to practice medicine and surgery and practitioners legally licensed to practice chiropractic or podiatry. (b) A physician possessing a plenary license to practice medicine and surgery who provides diagnostic radi…

(a) The rules in this subchapter are established pursuant to N.J.S.A. 26:6A-1 et seq. ( P.L. 1991, c. 90), the New Jersey Declaration of Death Act, and set forth: 1. Requirements, by specialty or expertise, for physicians authorized to perform a clinical brain death examination a…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Apnea" means the absence of respiration and a terminal PCO2 greater than 60 mmHG or a terminal PCO2 at least 20 mmHg over the initial no…

(a) A physician performing a clinical brain death examination shall be plenary licensed and shall hold the following qualifications, dependent on the age of the patient upon whom a declaration of brain death is to be made: 1. Age below two months: When declarations of brain death…

Declarations of brain death shall be made by a physician, meeting the requirements set forth in N.J.A.C. 13:35-6A.3, based upon the exercise of the physician's best medical judgment and in accordance with currently accepted medical standards that are based upon nationally recogni…

If the person to be declared dead upon the basis of neurological criteria is or may be an organ donor, then the examining physician shall not have any responsibility for any contemplated recovery or transplant of that person's organs, and shall not serve in the capacity of organ …

Death shall not be declared on the basis of neurological criteria if the examining physician has reason to believe, on the basis of information in the patient's available medical records, or information provided by a member of the patient's family or any other person knowledgeabl…

The examining physician shall document the determination of brain death in the patient record and shall sign the chart. The actual pronouncement of death may thereafter be made by the examining physician or any plenary licensed physician acting upon the authorization of the exami…

(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-16et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth. (b) This subchapter shall apply to all persons who are licensed by the Board as physic…

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,…

(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 license…

(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 assi…

(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) …

(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 s…

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 re…

(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 …

(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 s…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Actual acquisition cost" means the cost actually incurred by the practitioner in acquiring a drug from a supplier and shall not include…

(a) A violation of N.J.A.C. 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 N.J.S.A. 45:1-21(e); 2. G…

(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 …

(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 practition…

§ 13:35-7.3 - Verbal prescriptions (Reserved) Notes N.J. Admin. Code § 13:35-7.3

(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 N.J.A.C. 13:35-7.1A, may transmit, or have an authorized agent transmit, a facsimile prescription to a pharmacy which has…

(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 N.J.A.C. 13:35-7.1A, may transmit, or have an authorized agent transmit, an electronic prescription to a pharmacy that ha…

(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. Th…

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. "Bariatric practice" means the practice of medicine by any physician relating to the treatment of obesity, in conjunction with those co…

(a) The following words and terms when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: "Acute pain" means the pain, whether resulting from disease, accidental or intentional trauma, or other cause, that the practitioner rea…

(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 na…

(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. (…

(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 examinat…

(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 marijuan…

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 tre…

(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 registra…

(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 pati…

(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 Se…

(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 co…

The rules in this subchapter are established pursuant to N.J.S.A. 45:9A-7 and govern the licensing and the practice of hearing aid dispensing in the State of New Jersey. Notes N.J. Admin. Code § 13:35-8.1