New Jersey Administrative Code

(a) The purpose of this section is to identify for optometrists licensed by the Board of Optometrists the types of 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 ot…

(a) The New Jersey State Board of Optometrists shall review information and complaints concerning allegations of excessive fees charged by licensees of the Board. This section is not intended to impinge upon the strong public policy in favor of competitive, free enterprise econom…

(a) For the proper performance of a minimum examination as required by N.J.A.C. 13:38-2.1, the following equipment and instrumentation shall be maintained in an optometrist's office: 1. Ophthalmoscope; 2. Instrument for the objective measurement of the refractive status of the ey…

(a) Licensees shall prepare and maintain contemporaneous, legible, permanent professional treatment and billing records made to patients or third-party carriers for professional services. All treatment records, bills and claim forms shall accurately reflect the treatment of servi…

(a) Written prescriptions shall be issued only on New Jersey Prescription Blanks (NJPB). 1. All prescription blanks shall be numbered consecutively and shall be printed on non-reproducible, non-erasable safety paper bearing the optometrist's license number and National Provider I…

(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 licensee reasona…

Notes N.J. Admin. Code § 13:38-2.6 Amended by R.1985 d.60, effective 2/19/1985. See: 16 N.J.R. 3289(a), 17 N.J.R. 467(a). (b): Deleted "or responsibility". Amended by R.1989 d.252, effective 5/15/1989. See: 20 N.J.R. 2361(b), 21 N.J.R. 1366(b). Recodified as new 2.5 from old 2.6 …

Notes N.J. Admin. Code § 13:38-2.7 Amended by, R.1970 d.59, effective 5/29/1970. See: 2 N.J.R. 35(b), 2 N.J.R. 55(f). Amended by R.1985 d.60, effective 2/19/1985. See: 16 N.J.R. 3289(a), 17 N.J.R. 467(a). Old text deleted and new text substituted. Amended by R.1989 d.252, effecti…

The examining optometrist shall assure that every patient has access to the optometrist or to a suitable covering doctor in an emergency, during a doctor's vacation time or during hours when the office is not open. Notes N.J. Admin. Code § 13:38-2.8 Amended by, R.1970 d.59, effec…

§ 13:38-2.9 - Reserved Notes N.J. Admin. Code § 13:38-2.9

The Board shall issue a new registration certificate to any licensee whose name has been legally changed upon receipt of evidence of the legal name change, the return of the original certificate, together with a fee as set forth in N.J.A.C. 13:38-5.1. Notes N.J. Admin. Code § 13:…

(a) All licenses to practice optometry issued by the Board shall be issued for a two-year biennial licensure period. Except as provided in N.J.A.C. 13:38-3.3, a licensee who seeks renewal of the license shall submit a renewal application and the renewal fee set forth in N.J.A.C. …

All registration certificates shall be renewed on or before April 30 of the odd numbered years, subject to the provisions of N.J.S.A. 45:12-9. Notes N.J. Admin. Code § 13:38-3.2 Recodified from N.J.A.C. 13:38-3.5 and amended by R.1995 d.524, effective 9/18/1995. See: 27 N.J.R. 20…

Any licensee of the Board who is engaged in full-time active duty in the military service of this country shall not be required to pay the renewal fees for any year during which he or she is in full-time service. Notes N.J. Admin. Code § 13:38-3.3 Recodified from N.J.A.C. 13:38-3…

Notes N.J. Admin. Code § 13:38-3.4 Recodified from N.J.A.C. 13:38-3.9 and amended by R.1995 d.524, effective 9/18/1995. See: 27 N.J.R. 2092(a), 27 N.J.R. 3617(a).

(a) An applicant seeking licensure shall satisfy the character and education requirements set forth in N.J.S.A. 45:12-1 et seq. (b) An applicant seeking licensure shall submit the following to the Board:1. A completed application form supplied by the Board that requires the appli…

Notes N.J. Admin. Code § 13:38-3.6 Recodified from N.J.A.C. 13:38-3.12 by R.1995 d.524, effective 9/18/1995. See: 27 N.J.R. 2092(a), 27 N.J.R. 3617(a).

(a) No optometrist shall accept employment or association with, nor shall continue in the employment of or association with, any optometrist whose license to practice optometry has been suspended or revoked during the period of the suspension or revocation. (b) It shall be the du…

(a) A branch office certificate issued for one address is transferable to a different address. A licensee desiring to transfer a branch office address shall file a change of address form together with the fee as set forth in N.J.A.C. 13:38-5.1 and shall return the branch office c…

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. "Emergency care or service" means the provision of optometric services to an individual in such circumstances where timely care is nece…

(a) The rules of this subchapter implement the provisions of the Consumer Access to Eye Care Act of 1991, N.J.S.A. 45:12-9.8 through 9.13. (b) This subchapter shall apply to a licensed optometrist utilizing therapeutic pharmaceutical agents, as defined and limited in N.J.S.A. 45:…

(a) An optometrist licensed in this State who wishes to use therapeutic pharmaceutical agents for treatment purposes as permitted by N.J.S.A. 45:12-9.8 through 9.13 shall be certified by the Board prior to prescribing or dispensing such agents. (b) Any applicant applying for init…

(a) Each applicant seeking TPA certification shall be required to successfully complete all educational requirements in ocular pharmacology at a school duly accredited by the United States Department of Education and the Council on Postsecondary Accreditation. This education shal…

Each applicant for TPA certification shall be required to successfully pass the Treatment and Management of Ocular Disease Examination, or any successive examination, administered by the National Board of Examiners in Optometry, prior to certification by the New Jersey State Boar…

An application for certification renewal shall be submitted to the Board every biennial period. The applicant shall certify in the renewal application that he or she has completed the continuing education requirements as outlined in N.J.A.C. 13:38-7.3. Notes N.J. Admin. Code § 13…

(a) The following fees shall be charged by the Board: 1.Application fee: $ 125.00; 2.Initial license fee: i. During the first year of a biennial renewal period: $ 250.00; ii. During the second year of a biennial renewal period: $ 125.00; 3.Biennial renewal fee--active license: $ …

(a) For purposes of this subchapter, the following terms shall have the following meanings unless the context clearly indicates otherwise: "Authorized representative" means a person who has been designated, pursuant to a court order or a signed writing by the patient, to exercise…

Any applicant who applies for an active registration renewal certificate for a biennial period shall confirm on the renewal application that the applicant has completed continuing professional optometric education programs of the types and number of credits specified in N.J.A.C. …

(a) Any licensee who has an inactive license shall be exempt from the continuing professional optometric education requirements set forth in this subchapter. (b) Any licensee seeking to reactivate an inactive license shall provide the Board with evidence of having maintained prof…

(a) An applicant for an active registration renewal certificate shall complete, during the preceding biennial period, a minimum of 50 credits of continuing professional optometric education. At least 30 of the 50 credits shall consist of courses or programs classified as therapeu…

(a) The Board shall grant continuing professional optometric education credit only for courses or programs that have significant educational or practical content which deal with matters related to the practice of optometry or with the professional responsibilities or ethical obli…

(a) The Board shall grant credit only for continuing professional optometric education courses or programs that are at least one instructional hour long. For purposes of this subchapter, an "instructional hour" represents a 60-minute clock hour with no less than 50 minutes of edu…

(a) Each licensee shall maintain a record of all continuing professional optometric education activity completed and shall submit evidence of completion of the credit requirements to the Board upon request. Each licensee shall obtain from the continuing education course or progra…

(a) The Board may waive continuing professional optometric education requirements on an individual basis for reasons of hardship such as illness, disability, active service in the military, or other good cause. (b) A licensee who seeks a waiver of the continuing professional opto…

(a) A continuing education sponsor seeking pre-approval for a course/program awarding three credits or less shall provide the Board, in writing on a form provided by the Board, information which demonstrates that the course meets the following requirements: 1. The course or progr…

(a) This chapter is promulgated by the New Jersey State Board of Pharmacy. The rules contained in this chapter implement the provisions of the New Jersey Pharmacy Practice Act, N.J.S.A. 45:14-40 et seq., and regulate the practice of pharmacy within the State of New Jersey. (b) Th…

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. "Address of record" means an address designated by a licensee or registrant, which is part of the public record and may be disclosed upon req…

(a) The following fees shall be charged by the Board:1. For pharmacists as follows: i. Application for licensure 125.00. ii. Verification of licensure 25.00. iii. Application for reciprocity 125.00. iv. Application for reinstatement (1) Disciplinary suspension 225.00. (2) Adminis…

(a) Any penalties levied by the Board shall be paid within 15 business days of the finalization of a penalty letter or final order of the Board unless otherwise prescribed by statute or terms of a final order. (b) Failure to comply with this rule may result in action by the Board…

(a) Any time the Board seeks to impose a disciplinary sanction upon a licensee, the licensee may request an opportunity to be heard by the Board. (b) When demonstrated facts are in dispute, a hearing shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B…

(a) The rules in this chapter may be relaxed by the Board upon a showing of undue hardship, economic or otherwise, on an applicant; that the waiver of the rule would not unduly burden any affected parties; and that the waiver is consistent with the underlying purposes of the Phar…

If an applicant for a permit, license, or registration issued pursuant to the requirements of this chapter fails to complete the application process within one year of the date of initial application, the Board shall administratively close the application. Following such action, …

A pharmacist-in-charge, pharmacist, pharmacy technician, pharmacy extern, pharmacy intern, and pharmacy permit holder shall comply with the policies and procedures required in this chapter, as applicable. Notes N.J. Admin. Code § 13:39-1.8 Adopted by 49 N.J.R. 3761(a), effective …

(a) A pharmacy permit holder and registered pharmacist-in-charge shall implement a continuous quality improvement program (CQI) to detect, identify, and prevent prescription errors. 1. The primary purpose of the CQI shall be to advance error prevention by analyzing, individually …

The rules in this subchapter establish standards applicable to all pharmacies and/or facilities that utilize automated medication systems to store, package, dispense and distribute prescriptions or medication orders. Notes N.J. Admin. Code § 13:39-10.1

As used in this subchapter, "automated medication system" means any process that performs operations or activities, other than compounding or administration, relative to the storage, packaging, dispensing, and distribution of medications, and which collects, controls, and maintai…

(a) Prior to use for the first time of an automated medication system, the pharmacy shall conduct and submit to the Board a self-inspection of the automated medication system documented on a form provided by the Board. After receipt of the self-inspection, the Board shall conduct…