New Jersey Administrative Code

(a) Licensees who communicate with clients 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, relating to privacy…

(a) A licensee shall notify the Council, in writing, within 30 days, of any change in his or her address of record. For purposes of this section, "address of record" means an address designated by a licensee, which is part of the public record and which may be disclosed upon requ…

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

(a) The following acts or practices shall be deemed to be the unlicensed practice of occupational therapy: 1. Offering or rendering occupational therapy services by any person other than a licensed occupational therapist, a licensed occupational therapy assistant or a person who …

It shall be professional misconduct for a licensee to aid or assist any person engaging in conduct that violates N.J.A.C. 13:44K-8.3 and shall constitute a deviation from the normal standards of practice required of a licensee, which may subject the licensee to the penalties of N…

(a) As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise: "Client" means any person who is the recipient of occupational therapy evaluation, instruction, treatment, or consultation rendered by a licensee. "Client-…

(a) The Council shall send a notice of renewal to each licensed occupational therapist and licensed occupational therapy assistant, 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 …

(a) A licensee who holds an inactive license pursuant to N.J.A.C. N.J.A.C. 13:44K-8.6(c) may apply to the Council for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit: 1. A renewal application; 2. A certification of employm…

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C N.J.A.C. 13:44K-8.6(e) may apply to the Council for reinstatement. A licensee applying for reinstatement shall submit: 1. A reinstatement application; 2. A certification of employment listing each job hel…

(a) No licensee shall submit any claim, bill, or governmental assistance claim to a third-party payor or employer for occupational therapy services rendered to any client that involves dishonesty, fraud, deception, or misrepresentation. (b) No licensee shall submit to a third-par…

(a) All licensed occupational therapists and occupational therapy assistants shall show their licenses to clients upon request. (b) All licensed occupational therapists and occupational therapy assistants shall ensure that the following notices are prominently displayed in a publ…

(a) Fees for occupational therapy services shall be reasonable and commensurate with the status and experience of the occupational therapist offering like services or treatment in the geographic area and shall be consistent with the provisions of N.J.A.C. 13:44K-9.4 prohibiting e…

(a) An occupational therapist or occupational therapy assistant shall advise the client or the client's legal guardian, in terms the client or the guardian can understand, of the nature and purpose of the services to be rendered and the limits and obligations associated with such…

(a) An occupational therapist shall not charge an excessive fee for services. Factors which the Council may consider in determining whether a fee is excessive include the following: 1. The time or effort required to perform the services; 2. The skill required to properly perform …

(a) A licensed occupational therapist shall terminate services to a client when the client has achieved the predetermined goals established in the plan of care or when such services no longer meet the client's needs or interests. (b) A licensed occupational therapist who is unabl…

(a) The purpose of this chapter is to implement the provisions of P.L. 2005, c. 244 (N.J.S.A. 45:14G-1 et seq.), the Polysomnography Practice Act. (b) This chapter shall apply to all applicants who seek to be licensed by the Board to practice polysomnography and all persons who a…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "AASM" means the American Academy of Sleep Medicine. "AAST" means the American Association of Sleep Technologists. "ABSM" means the America…

(a)An applicant for a provisional license as a polysomnographic trainee shall submit, or arrange to have submitted, to the Board: 1. A completed application on a form provided by the Board; 2. A completed Criminal History Certification of Authorization form; 3. A high school dipl…

(a) An applicant for a license as a polysomnographic trainee 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. 13:44L-2.1(a) may apply to the Board …

(a) A provisionally licensed polysomnographic trainee applying for a temporary license as a polysomnographic technician shall submit to the Board: 1. A completed application on a form provided by the Board; 2. Proof that the applicant has successfully completed the A-STEP Self-St…

(a) An applicant for a license as a polysomnographic technician 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. 13:44L-2.2(a) or (b) may apply to …

(a) A licensed polysomnographic technician applying for licensure as a polysomnographic technologist shall submit to the Board: 1. A completed application on a form provided by the Board; 2. Proof that applicant has completed 10 continuing education credits over the past year tha…

(a) An applicant for a license as a polysomnographic technologist 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. 13:44L-2.3(a) or (b) may apply t…

(a) An applicant for licensure as a licensed polysomnographic technologist who is licensed as a polysomnographic technologist in another state shall submit to the Board: 1. A completed application on a form provided by the Board; 2. A completed Criminal History Certification of A…

(a) Prior to November 17, 2010, a person who has passed the certification examination administered by the BRPT prior to May 17, 2010, may apply to the Board for a license as a polysomnographic technologist. (b)A person applying for a polysomnographic technologist license pursuant…

(a) A licensed polysomnographic technologist, technician or trainee shall notify the Board in writing, within 30 days, of changes to: 1. The licensee's address of record. Service to the address of record registered with the Board shall constitute effective notice pursuant to N.J.…

(a) Licenses shall be renewed biennially on a form provided by the Board. Each licensed polysomnographic technologist shall attest that the continuing education requirements of N.J.A.C. 13:44L-4.1 have been completed during the prior biennial period. (b) The Board shall send a no…

(a) A licensed polysomnographic technician may renew his or her temporary license once. (b) A licensed polysomnographic technician who wishes to renew his or her temporary license shall apply to the Board for renewal 60 days prior to the expiration of his or her temporary license…

(a) A polysomnographic trainee or technician may request the Board to place a provisional or temporary license on inactive status for reasons of hardship, which prevent the individual from acting as a polysomnographic trainee or technician, such as severe illness, disability or m…

(a) Upon biennial licensure renewal, each licensed polysomnographic technologist shall attest that he or she has completed courses of continuing education of the types and number of credits specified in (b), (c) and (d) below and N.J.A.C. 13:44L-4.2. Falsification of any informat…

(a) A licensed polysomnographic technologist may obtain continuing education credits from the following:1. Successful completion of continuing education courses or programs related to the practice of polysomnography recognized by the BRPT Education Advisory Board (BRPT-EAC), the …

(a) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements. (b) A licensed polysomnographic technologist shall maintain the following documentation for a period of four years after completion of the credit hour…

(a) The Board may direct or order a licensed polysomnographic technologist to complete continuing education credit hours: 1. As part of a disciplinary or remedial measure in addition to the required 20 hours of continuing education; or 2. To correct a deficiency in the licensee's…

(a) The following functions are within the scope of practice of a licensed polysomnographic technologist: 1. Analyzing, monitoring and recording physiologic data during sleep and wakefulness; 2. Assessing and assisting in the treatment and research of disorders, syndromes, and dy…

Notes N.J. Admin. Code § 13:44L-5.10 Repealed by 48 N.J.R. 1825(b), effective 9/6/2016

(a) The following functions are within the scope of practice of a licensed polysomnographic technician: 1. Analyzing, monitoring and recording physiologic data during sleep and wakefulness; 2. Assessing, diagnosing and assisting in the treatment and research of disorders, syndrom…

(a) A licensed polysomnographic trainee may assist a licensed polysomnographic technologist or licensed physician in the performance of the following functions: 1. Analyzing, monitoring and recording physiologic data during sleep and wakefulness; 2. Assessing, diagnosing and assi…

(a) An individual is engaging in unlicensed practice of polysomnography if the individual engages in any of the practices set forth in N.J.A.C. 13:44L-5.1, 5.2 or 5.3 and is not either: 1. Licensed by the Board as a polysomnographic technologist, technician or trainee; or 2. Exem…

It shall be unlawful for a licensed polysomnographic technologist, technician or trainee to aid or abet any unlicensed person engaging in any of the practices identified at N.J.A.C. 13:44L-5.1, 5.2 and 5.3. Notes N.J. Admin. Code § 13:44L-5.5

(a) The purpose of this section is to identify for licensees 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 otherwise: "Licensee" means any person who holds a licen…

(a) Every licensed polysomnographic technologist, technician and trainee shall prominently display in every place where he or she practices polysomnography the following notice: "(Name of Licensed polysomnographic technologist, technician or trainee) is licensed by the New Jersey…

(a) Every licensed polysomnographic technologist, technician or trainee shall wear an identification tag when engaging in the practice of polysomnography. The identification tag shall be clearly visible at all times and shall bear the first name or initial, the full surname and t…

(a) Licensed polysomnographic technologists shall make contemporaneous, permanent entries into facility patient records, which shall accurately reflect the polysomnographic services rendered. These entries shall contain, at a minimum: 1. An intake record; 2. The date of service; …

(a) The following fees shall be charged by the Board in connection with the licensure of polysomnographic technologists, technicians and trainees: 1. Application fee $ 100.00 2. Initial polysomnographic technologist licensure fee i. If paid during the first year of a biennial ren…

(a) The purpose of this subchapter is to implement the provisions at P.L. 2017, c. 117 (N.J.S.A. 45:161 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 as polyso…

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…