Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:1-33 Short title. 1. This act shall be known and may be cited as the "Health Care Professional Responsibility and Reporting Enhancement Act." L.2005,c.83,s.1.

45:1-34 Definitions relative to healthcare professionals. 9. As used in sections 9 through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and C.26:2H-12.2d and C.45:1-40): "Board" means a professional and occupational licensing board within the Division of Consum…

45:1-35 Immunity from civil liability. 10. A health care entity, health care professional or any other person who provides to the division, a board or the review panel, in good faith and without malice, any information concerning an act by a health care professional which the per…

45:1-36 Confidentiality of information. 11. Any information provided to the division or a board concerning the conduct of a health care professional, pursuant to section 2 of P.L.2005, c.83 (C.26:2H-12.2b), section 5 of P.L.1978, c.73 (C.45:1-18) or any other provision of law, sh…

45:1-37 Notification to division of impairment of health care professional. 12. a. A health care professional shall promptly notify the division if that health care professional is in possession of information which reasonably indicates that another health care professional has d…

45:1-38 Notification to board relative to impairment, misconduct of health care professional. 13. a. Upon receipt of notice from a health care entity, or any employee thereof, pursuant to section 2 of P.L.2005,c.83 (C.26:2H-12.2b), notice from a health care professional pursuant …

45:1-39 Fraud, misrepresentation, deception; disciplinary proceedings. 14. Any health care professional seeking to become employed by, enter into a contract to render professional services to, or obtain privileges at, a health care entity, or provide professional services pursuan…

45:1-4. Salary of secretary The secretary of each of the boards mentioned in section 45:1-2 of this title, whether or not a member thereof, shall be entitled to receive such reasonable salary or compensation for his services as secretary as shall be fixed by such boards, which sh…

45:1-40 Health Care Professional Information Clearinghouse Coordinator. 17. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall employ a full-time Health Care Professional Information Clearinghouse Coordinator to assist the Director of the Divisio…

45:1-41 Rules, regulations. 19. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this …

45:1-42 Definitions relative to establishment of alternate testing dates for certain license applicants. 1. As used in this act: "Applicant" means an individual to whom a licensing examination is administered. "Affected applicant" means an applicant for whom a day of religious ob…

45:1-43 Offering of alternate testing dates for examination. 2. When any licensing examination is administered on a day of religious observance, a special administration of that licensing examination or an equivalent examination shall be offered to any affected applicant as soon …

45:1-43.1 Report of passage and failure rates of examinations for licensure. 1. Any professional or occupational board, agency, or committee located in the Division of Consumer Affairs in the Department of Law and Public Safety or in the Department of Environmental Protection tha…

45:1-44 Definitions. 24. Definitions. As used in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50): "CDS registration" means registration with the Division of Consumer Affairs to manufacture, distribute, dispense, or conduct research with controlled dangerou…

45:1-45 Prescription Monitoring Program; requirements. 25. Prescription Monitoring Program; requirements. a. There is established the Prescription Monitoring Program in the Division of Consumer Affairs in the Department of Law and Public Safety. The program shall consist of an el…

45:1-45.1 Information required for monitoring; rules, regulations. 11. a. A health care practitioner who authorizes a patient for the medical use of cannabis or who provides a written instruction for the medical use of cannabis to a qualifying patient pursuant to P.L.2009, c.307 …

45:1-46 Access to prescription information. 26. Access to prescription information. a. The division shall maintain procedures to ensure privacy and confidentiality of patients and that patient information collected, recorded, transmitted, and maintained is not disclosed, except a…

45:1-46.1 Proper time to access prescription monitoring information; restrictions in dispensing certain controlled dangerous substances; exceptions. 8. a. (1) Except as provided in subsection b. of this section, a practitioner or other person who is authorized by a practitioner t…

45:1-47 Prescription monitoring program; provisions for expansion. 27. Prescription Monitoring Program; provisions for expansion. a. Notwithstanding the provisions of section 25 of P.L.2007, c.244 (C.45:1-45) to the contrary, the director may adopt a regulation to expand the prog…

45:1-48 Immunity from liability. 28. Immunity from liability. a. The division shall be immune from civil liability arising from inaccuracy of any of the information submitted to it pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). b. A pharmacy …

45:1-49 Penalties. 29. Penalties. a. A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of P.L.2007, c.244 (C.45:1-45), who knowingly fails to submit data as required, shall be subject to disci…

45:1-50 Authority to contract. 30. Authority to contract. The division may contract with one or more vendors to establish and maintain the Prescription Monitoring Program pursuant to guidelines established by the director. L.2007, c.244, s.30.

45:1-50.1 Annual report. 9. The division shall annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which provides information on the nature and extent of registration with, and utilization of, the Prescription Monitoring Program, …

45:1-50.2 Completion of assessment. 10. The division shall complete an assessment regarding the design, implementation requirements, and costs associated with a real time prescription monitoring system, and shall report its assessment and any recommendations to the Legislature, p…

45:1-51 Rules, regulations. 31. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs shall adopt rules and regulations necessary to effectuate the purposes of sections 24 through 30 of P.L.2007, c.2…

45:1-52 Continuation of regulations. 32. Continuation of regulations. Orders, rules and regulations concerning implementation of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, issued or promulgated by the Department of Health and Senior Services prior to the ef…

45:1-53 Submission of bill to Medicare beneficiary by health care professional; reporting of nonpayment. 2. a. A health care professional licensed pursuant to Title 45 of the Revised Statutes, who provides a health care service to a Medicare beneficiary, shall bill the beneficiar…

45:1-53.1 Violations, notice to licensing board; license revocation; definitions. 2. a. Any pharmacist or other health care professional who is charged with an offense in violation of section 1 of P.L.2019, c.339 (C.2C:35-11.1) shall promptly notify the applicable licensing board…

45:1-54 Findings, declarations relative to sexual orientation change efforts. 1. The Legislature finds and declares that: a. Being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency, or shortcoming. The major professional associations of mental health pract…

45:1-55 Sexual orientation change efforts prohibited for persons under 18 years old. 2. a. A person who is licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certifie…

45:1-56 Short title. 1. This act shall be known and may be cited as the "Hazardous Drug Safe Handling Act." L.2017, c.69, s.1.

45:1-57 Findings, declarations relative to safe handling of hazardous drugs. 2. a. The Legislature finds and declares that: (1) Health care personnel who work with or near hazardous drugs in health care settings may be exposed to these agents in the air and through contact with w…

45:1-58 Definitions relative to safe handling of hazardous drugs. 3. As used in this act: "Animal or veterinary facility" means an animal or veterinary facility as defined in section 1 of P.L.1983, c.98 (C.45:16-1.1). "Antineoplastic" means inhibiting or preventing the growth and…

45:1-59 Adoption of standards, regulations. 4. a. No later than 12 months after the effective date of this act, the Commissioner of Health and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with a stakeholder group as …

45:1-60 Hazardous drugs training. 5. Employers of health care personnel shall provide hazardous drugs training to all employees who have or are likely to have occupational exposure to hazardous drugs. This training shall take place at the time of the employee's initial job assign…

45:1-61 Definitions relative to telemedicine and telehealth. 1. As used in P.L.2017, c.117 (C.45:1-61 et al.): "Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to, or from, an originating site or …

45:1-62 Provision of health care through use of telemedicine, telehealth; requirements for provider. 2. a. Unless specifically prohibited or limited by federal or State law, a health care provider who establishes a proper provider-patient relationship with a patient may remotely …

45:1-63 Establishment of proper provider-patient relationship; exceptions. 3. a. Any health care provider who engages in telemedicine or telehealth shall ensure that a proper provider-patient relationship is established. The establishment of a proper provider-patient relationship…

45:1-64 Annual registration, report. 4. a. Each telemedicine or telehealth organization operating in the State shall annually register with the Department of Health. b. Each telemedicine or telehealth organization operating in the State shall submit an annual report to the Depart…

45:1-65 Telemedicine and Telehealth Review Commission. 5. a. Six months after the effective date of P.L.2017, c.117 (C.45:1-61 et al.), there shall be established in the Department of Health the Telemedicine and Telehealth Review Commission, which shall review the information rep…

45:1-67 Short title. 1. This act shall be known and may be cited as the "New Jersey Health Care Transparency Act." L.2020, c.133, s.1.

45:1-68 Findings, declarations relative to identification of health care professionals. 2. The Legislature finds and declares that: a. There are a multitude of professional degrees using the term "doctor," including "medical doctor" (M.D.); "doctor of osteopathy" (D.O.); "doctor …

45:1-69 Definitions relative to identification of health care professionals. 3. As used in this act: "Advertisement" means any communication or statement that is directly controlled or administered by a health care professional or a health care professional's office personnel, wh…

45:1-7 Issuance of certain licenses or certificates of registration. 45:1-7 Issuance of certain licenses or certificates of registration. 1. Notwithstanding any of the provisions of Title 45 of the Revised Statutes or of any other law to the contrary, all professional or occupati…

45:1-7.1 Applicability; renewals; reinstatements. 5. a. Notwithstanding any other act or regulation to the contrary, the provisions of this section shall apply to every holder of a professional or occupational license or certificate of registration or certification issued or rene…

45:1-7.10 Expedited licensure in mental health professions, certain, during state of emergency, public health emergency. 1. a. Notwithstanding the provisions of any other law, rule or regulation to the contrary, during a state of emergency declared by the Governor pursuant to P.L…