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

(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 dispens…

(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 N.J.S.A. 45:1-21: 1. Any statement, claim or format which is false, fraudulent,…

(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 an…

(a) In addition to the written specified data and receipt requirements defined in N.J.S.A. 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 e…

(a) The licensing examination shall consist of a written and practical examination in accordance with N.J.S.A. 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 jur…

(a) Failure to comply with any provision of N.J.S.A. 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 N.J.S.A. 45:1-21 and 45:1-22. (b) The notice of proposed suspension or revocati…

(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: Click here to view image. (b) The Committee will refund the examin…

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, N.J.S.A. 45:9A-1 et seq. as amended and/or supplemented. "Advertisement" means any at…

(a) No license renewal shall be issued by the Director unless the applicant confirms on his or her renewal application to the Hearing Aid Dispensers Examining Committee that during the two calendar years preceding application for renewal he or she participated in courses of conti…

(a) The purpose of N.JA.C. N.J.A.C. 13:35-8.21 through 8.28 is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth. (b)N.J.A.C. 13:35-8.21 through 8.28 shall apply to all perso…

The following words and terms, when used in N.J.A.C. 13:35-8.21 through 8.28, 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 infor…

(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 ass…

(a) As long as a licensee has satisfied the requirements of N.J.A.C. 13:35-8.24, 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 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. 13:35-8.16, and all other applicable State and Federal statutes and regulations for recordkee…

(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 sup…

(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 …

The Committee shall issue a training permit in accordance with N.J.S.A. 45:9A-16(b) and the provisions of this subchapter. Notes N.J. Admin. Code § 13:35-8.4 New Rule, R.1998 d.372, effective 7/20/1998. See: 30 New Jersey Register 1191(a), 30 New Jersey Register 2633(a).

(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 N.J.S.A. 45…

(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 sh…

(a) Every trainee and temporary licensee shall be supervised and trained by a sponsor who has fulfilled the requirements of N.J.S.A. 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 w…

(a) The practice of fitting a hearing aid as defined by N.J.S.A. 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. Pu…

(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…

(a) The rules of this subchapter are established pursuant to N.J.S.A. 45:2C-1 et seq. ("The Acupuncture Act") and set forth requirements for the practice of acupuncture in the State of New Jersey. (b) The rules of this subchapter shall apply to all persons licensed as acupuncturi…

A licensed acupuncturist shall post his or her license in a conspicuous location in his or her office. If a licensed acupuncturist has more than one office, he or she shall obtain from the Board a duplicate license for each location. Notes N.J. Admin. Code § 13:35-9.10 Amended by…

(a) The acupuncturist shall fully disclose to the patient such information as will enable the patient to make an evaluation of the nature of the treatment and of any attendant risks, as well as of available alternative options and the risks and likely outcomes of those alternativ…

(a) The use of any of the following to effect the stimulation of acupuncture points and channels is within the scope of practice of licensed acupuncturists and shall be performed only by acupuncturists licensed by the Board, individuals permitted to practice pursuant to N.J.S.A. …

(a) Except as set forth in (b) and (c) below, a licensed acupuncturist shall practice herbology only if he or she submits proof to the Board of current certification in Chinese Herbology or Oriental Medicine from the NCCAOM and has a letter from the Board recognizing that the lic…

(a) An individual who is not a licensed acupuncturist, an individual who is permitted to practice pursuant to N.J.S.A. 45:2C-8, or a student in an acupuncture program that meets the requirements of N.J.A.C. 13:35-9.4(e) may perform acupuncture services as a guest acupuncturist if…

(a) An individual is engaging in the unlicensed practice of acupuncture if the individual engages in any of the practices outlined in N.J.A.C. 13:35-9.12(a) and is not: 1. Licensed by the Board as an acupuncturist; 2. A physician or dentist whose course of training has included a…

(a) All non-disposable needles and acupuncture equipment that comes into contact with the patient's blood or bodily fluids or penetrates the skin, and equipment used to handle or store needles or other acupuncture equipment that comes into contact with the patient's blood or bodi…

(a) The following words and terms, as used in this section, shall have the following meanings unless the context clearly indicates otherwise: 1. "Authorized representative" means a person who has been designated by the patient or a court to exercise rights under this section. An …

Notes N.J. Admin. Code § 13:35-9.17 Amended by R.1994 d.522, effective 10/17/1994. See: 26 N.J.R. 2526(a), 26 N.J.R. 4195(a). Amended by R.1999 d.356, effective 10/18/1999. See: 31 N.J.R. 1742(a), 31 N.J.R. 3117(a). Rewrote the section. Recodified from N.J.A.C. 13:35-9.13 by R.20…

Notes N.J. Admin. Code § 13:35-9.18 Amended by R.1999 d.356, effective 10/18/1999. See: 31 N.J.R. 1742(a), 31 N.J.R. 3117(a). Rewrote (b). Recodified from N.J.A.C. 13:35-9.14 by R.2010 d.101, effective 6/21/2010. See: 41 N.J.R. 2617(a), 42 N.J.R. 1216(a). Repealed by R.2014 d.066…

Notes N.J. Admin. Code § 13:35-9.19 Amended by R.1999 d.356, effective 10/18/1999. See: 31 N.J.R. 1742(a), 31 N.J.R. 3117(a). In (a), substituted references to apprentices for references to trainees throughout, substituted "undergoing training" for "being trained to competently p…

For purposes of this subchapter, the following terms shall have the following meanings: "ACAOM" means the Accreditation Commission for Acupuncture and Oriental Medicine. "Acupuncture" means the practice of Oriental medicine based on traditional Oriental medical theories, includin…

(a) For purposes of this section, "contact hour" means at least 50 minutes of instruction. (b) The provisions of this section shall apply to all acupuncturists applying for biennial license renewal except those seeking renewal for the first time. (c) No license renewal shall be i…

(a) The purpose of N.J.A.C. 13:35-9.22 through 9.28 and this section is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth. (b) These rules shall apply to all persons who are …

The following words and terms, when used in N.J.A.C. 13:35-9.21 and 9:23 through 9.28 and this section, shall have the following meanings, unless the context clearly indicates otherwise. "Acupuncturist" means an individual licensed by the Board as an acupuncturist. "Asynchronous …

(a) Prior to providing services through telemedicine or telehealth, an acupuncturist 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 an …

(a) Prior to providing services through telemedicine or telehealth, an acupuncturist shall establish an acupuncturist-patient relationship by: 1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. An acupuncturist may also us…

(a) As long as an acupuncturist has satisfied the requirements of N.J.A.C. 13:35-9.24, an acupuncturist 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 pa…

An acupuncturist 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. 13:35-9.16, and all other applicable State and Federal statutes, rules, and regulations…

(a) In order to establish that an acupuncturist has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, an acupuncturist must establish written protocols that address: 1. Authentication and authorization of users; 2. Aut…

(a) Acupuncturists 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 Parts 160 and 164, as Adopted and supplemented, which are incorporated…

(a) At the time of application, an applicant shall submit to the Board: 1. A completed application form; 2. Legal proof of having attained the age of 21, evidenced by a document issued by a governmental agency; 3. Proof that the person has passed the English version of each of th…