New Jersey Administrative Code

(a) A licensee applying for biennial license renewal shall complete, during the preceding biennial period, 30 continuing education (CE) credits as specified in (c) below. Applicants for initial licensure are exempt from the continuing education requirements of this section for th…

(a) The following are acceptable sources of continuing education, provided the subject matter falls within the content areas set forth at N.J.A.C. 13:44F-10.1(c): 1. Successful completion of programs, courses, or seminars offered or approved by the New Jersey Society for Respirat…

(a) A licensee may obtain continuing education credit for successful completion of a Board-approved performance-based competency assessment (PBCA) administered in a licensed healthcare facility, consistent with the following requirements: 1. The PBCA shall include the presentatio…

(a) A licensee shall: 1. Certify completion of the required number of continuing education credits on the application for biennial renewal. Falsification of any information submitted on the renewal application shall be cause for disciplinary action; 2. Maintain all evidence of ve…

(a) The Board may extend, waive or otherwise modify continuing education requirements, including the time period for completion or the number of continuing education credits, on an individual basis for reasons of hardship, such as severe illness, disability or military service. (…

(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-16 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. (c) Pur…

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 at N.J.A.C. 13:44F-11.4, 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 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. 13:44F-8.2, and all other applicable State and Federal statutes, rules, and regulations for r…

(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 pursuant to 45 CFR 160 and 164, which are incorporated herein by reference, relating to …

(a) For the purposes of treating, managing, controlling, and caring for patients with deficiencies and abnormalities of the cardiac and pulmonary system, a respiratory care practitioner may perform the following duties under the direction or supervision of a physician, physician …

(a) A trainee may perform those duties essential for completion of his or her clinical service, without having to obtain a license, provided the duties are performed under the direction of a physician, physician assistant, or advanced practice nurse, as defined in N.J.A.C. 13:44F…

(a) For the purposes of this section, the following words shall have the following meanings unless the context clearly indicates otherwise and except as otherwise expressly provided: "Assistant" means a respiratory assistant, respiratory aide, equipment technician or any other un…

(a) Applications for licensure may be obtained from the office of the Board of Respiratory Care. (b) An applicant shall submit, with the completed application form and the required fee, satisfactory proof that the applicant:1. Has a high school diploma or its educational equivale…

(a) The respiratory care examination shall be the Registered Respiratory Therapist examination offered by the National Board for Respiratory Care, or its successor organization. 1. Applications for examination should be obtained from the National Board for Respiratory Care. Exami…

The Board may refuse to issue or may suspend or revoke any license issued by the Board, after an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., for any of the reasons set forth in N.J.S.A. 45:1-21. Notes N.J. Admin. Code § 13:44…

(a) An applicant 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 N.J.A.C. 13:44F-4.1 may apply to the Board for recognition of the applicant's training, ed…

(a) In accordance with N.J.S.A. 45:14E-14, the Board may issue, without examination, a temporary license to practice respiratory care in this State provided that the person:1. Submits an application on the forms provided by the Board; 2. Pays the fee set forth at N.J.A.C. 13:44F-…

Notes N.J. Admin. Code § 13:44F-5.2 Repealed by R.1997 d.260, effective 6/16/1997. See: 29 New Jersey Register 1253(b), 29 New Jersey Register 2665(b). Section was "Temporary licensure of individuals practicing respiratory care as of August 20, 1991".

(a) An applicant possessing a valid license issued by another state or possession of the United States or the District of Columbia shall be issued a license to practice respiratory care in New Jersey provided that: 1. The requirements for licensure in that state or possession of …

(a) An applicant seeking licensure by endorsement shall submit the following to the Board: 1. An application form together with the required fee as set forth in N.J.A.C. 13:44F-8.1; 2. Proof which establishes that the applicant is currently licensed in another state or possession…

(a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prio…

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:44F-7.1(c) may apply to the Board for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit: 1. A renewal application; 2. A certification of employment, listin…

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:44F-7.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit: 1. A reinstatement application; 2. A certification of employment listing each job held during t…

(a) State Board of Respiratory Care charges for licensure and other services are as follows: 1. Application fee $ 125.00 2. Initial license fee i. During the first year of a biennial renewal period 160.00 ii. During the second year of a biennial renewal period 80.00 3. License re…

(a) Respiratory care practitioners shall prepare contemporaneous, permanent treatment records. If custody of the patient records is within the responsibility of the licensee, the licensee shall ensure that every patient record shall be kept for at least seven years from the date …

(a) By this section, the Board is identifying for its licensees conduct which it shall deem to be violative of law. (b) As used in this section, the following terms have the following meanings unless the context indicates otherwise: 1. "Licensee" means any person licensed or auth…

(a) The offices of the Board are located at 124 Halsey Street, PO Box 45031, Newark, New Jersey 07101. (b) Information related to Board operations may be obtained at the following website: http:// www.njconsumeraffairs.gov/resp/Pages/regulations.aspx. Notes N.J. Admin. Code § 13:…

(a) Licensees shall provide the State Board of Respiratory Care with their business address. (b) A licensee, whether active or inactive, of the State Board of Respiratory Care shall notify the Board, in writing, of any change of residential address or business address from that w…

(a) Any licensee whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name the following: 1. Legal evidence of such change; 2. A copy of the licensee's original license with satis…

(a) Any licensee seeking a duplicate license shall forward to the Board the following: 1. A notarized statement that the license has been lost or destroyed; and 2. The appropriate duplicate license fee as set forth in N.J.A.C. 13:44F-8.1. (b) Upon receipt of the items outlined in…

(a) The following acts or practices shall be deemed to be the unlicensed practice of respiratory care: 1. Offering or performance of any respiratory care services by any person other than a licensed respiratory care practitioner, an M.D., a D.O., or by any other health care provi…

(a) It shall be unlawful for a licensee to aid or assist any person engaging in any of the practices identified at N.J.A.C. 13:44F-9.1. (b) A licensee who supervises or manages the provision of services by licensed respiratory care practitioners shall ensure that all persons prov…

(a) The rules contained in this chapter implement the provisions of the Social Workers' Licensing Act of 1991, P.L. 1991, c.134, and regulate the profession of social work within the State of New Jersey. (b) This chapter shall apply to any individual licensed or certified by the …

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "ASWB" means Association of Social Work Boards. "Board" means the State Board for Social Work Examiners. "Clinical social work" means the pro…

Unless exempted from licensure or certification pursuant to N.J.S.A. 45:15BB-5, a person whose activities are within the scope of practice of N.J.A.C. 13:44G-3.1 is required to be licensed as a clinical social worker; a person whose activities are within the scope of practice of …

(a) All LSWs or CSWs employed in an agency setting and LCSWs conducting independent practice shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to the social worker's clients: 1. "Social workers are license…

(a) A social worker shall not charge an excessive fee for services. Factors which the Board may consider in determining whether a fee is excessive include, but are not limited to, the following:1. The time or effort required to perform the service or treatment; 2. The skill requi…

Unless otherwise ordered by a court, at least one parent or guardian shall consent to the treatment of a minor. If one parent consents, a licensee may treat a minor even over the objection of the other parent. Notes N.J. Admin. Code § 13:44G-10.11 New Rule, R.2009 d.176, effectiv…

(a) Fees for social work services and clinical social work services shall be reasonable and commensurate with the status and experience of the social worker when compared with fees of social workers offering like services or treatment in the geographic area and shall be consisten…

Notes N.J. Admin. Code § 13:44G-10.3 Reserved by 50 N.J.R. 2017(a), effective 9/17/2018

(a) Licensees and certificate holders shall avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. Licensees or certificate holders shall inform clients when a real or potential conflict of interest arises and take steps to…

(a) A social worker shall advise the client or the client's legal guardian, in terms the client or guardian can understand, of the nature and purposes of the services to be rendered and the limits and obligations associated with such services. In circumstances where the confident…

(a) A social worker shall terminate services to a client when the services are no longer required or no longer meet the client's needs or interests. (b) A social worker shall not abandon or neglect a client in need of professional services without making reasonable arrangements f…