Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:9-41.6. Requirements for approval of chiropractic applicant or school for licensure The board shall accept as an applicant for licensure as a chiropractor any individual who has graduated from a school, institution or college of chiropractic which was approved during the indiv…

45:9-41.7. Course in arts and sciences required prior to study in chiropractic school Any applicant to take an examination leading to the granting of a license to practice chiropractic in New Jersey, who has been graduated from an approved chiropractic school after December 31, 1…

45:9-41.7a Definitions. 1. As used in this act: “Board” means the State Board of Chiropractic Examiners. “Direct supervision” means the following, to be provided on-premises: initial and ongoing direction, procedural guidance, observation, and evaluation by the State-licensed chi…

45:9-41.7b Requirements of preceptorships for students. 2. a. The board shall establish, by rule or regulation, requirements of preceptorships for students, which shall address, without limitation: (1) training and experience requirements for preceptors; (2) direct supervision; (…

45:9-41.8. Form and content of examination, approval Each applicant for licensure as a chiropractor shall submit to the Board of Chiropractic Examiners, on a form prescribed by the board, satisfactory evidence of his qualifications as prescribed by P.L.1953, c.233 (C.45:9-41.5 et…

45:9-41.9. Persons whose study of chiropractic was interrupted by service in armed forces For the purpose of qualifying under any of the provisions of this act any applicant for a license to practice chiropractic who has been graduated from a legally incorporated school, institut…

45:9-42.1. Short title This act shall be known, and may be cited as the "Bio-analytical Laboratory and Laboratory Directors Act (1953)." L.1953, c. 420, p. 2100, s. 1.

45:9-42.10. Retention of application and examination papers All application and examination papers shall be retained in the files of the said board for at least five years, and they shall be prima facie evidence of all matters therein contained. L.1953, c. 420, p. 2104, s. 10.

45:9-42.11. License certificates License certificates shall be issued to successful applicants and shall be signed by the president and the secretary of the board and shall be attested by the seal thereof. The certificate shall be displayed in a prominent place in the laboratory …

45:9-42.12. License required to conduct laboratory On and after January first, one thousand nine hundred and fifty-four, it shall be unlawful for any person to conduct a bio-analytical laboratory in this State, unless such person is the holder of a bio-analytical laboratory direc…

45:9-42.15. Annual certificate of registration Every licensed bio-analytical laboratory director shall procure each year from the secretary of the board, on or before January 1, an annual certificate of registration which shall be issued by said secretary upon the payment of a fe…

45:9-42.18 Overall management, direction of laboratory. 18. Each bio-analytical laboratory shall be under the overall management and direction of either: (a) a person licensed to practice medicine and surgery in the State of New Jersey, or (b) a licensed bio-analytical laboratory…

45:9-42.2 Definitions. As used in this act, the following terms are defined as follows: a. "Board" means the State Board of Medical Examiners which shall have authority to examine and license bio-analytical laboratory directors as set forth in this act. The board is authorized to…

45:9-42.20 Exemptions. 20. The provisions of this act shall not affect: a. Physicians or members of other professions who, in their private practices perform bio-analytical laboratory tests in their own offices or laboratories for their own patients pursuant to licenses respectiv…

45:9-42.22. Unprofessional and unethical conduct The following shall be considered as unprofessional and unethical conduct within the meaning of said terms as set forth in section 13(e) of this act: a. The violating or attempting to violate, directly or indirectly, or assisting i…

45:9-42.23. Partial invalidity In the event that any section or portion thereof, or any provision of this act, shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not impair the remainder thereof, but shall be confined strictly in its opera…

45:9-42.24. Health officials; right to inspect and supervise laboratories or tests This act shall not affect the right of the State Department of Health, or any local Board of Health and their representatives to inspect and supervise laboratories or laboratory tests performed for…

45:9-42.25. Disposition of fees and other moneys All fees, fines, penalties and other moneys derived from the operation of this act shall be paid to the board, and remitted by it to the State Treasurer. L.1953, c. 420, p. 2111, s. 25.

45:9-42.26. Short title This act shall be known and may be cited as the "New Jersey Clinical Laboratory Improvement Act." L.1975, c. 166, s. 1, eff. Aug. 1, 1975.

45:9-42.27 Definitions. As used in this act: a. "Clinical laboratory" , except as used in subsection k. of this section, means any facility used for the performance of chemical, bacteriologic, virologic, parasitologic, serologic, hematologic, immunohematologic, biophysical, cytol…

45:9-42.28. License; necessity; categories No person shall conduct, maintain, or operate a clinical laboratory or solicit or accept specimens for laboratory examination unless a license therefor has been obtained from the department pursuant to the terms of this act. A separate l…

45:9-42.29. License; application; form; contents; fee; annual renewal All clinical laboratories operating prior to the effective date of this act shall be issued a license upon submission of a properly completed application form and payment of the requisite fee. Said license shal…

45:9-42.3. Meetings for examination and licensure of applicants for license; record; register The State Board of Medical Examiners shall, in addition to conducting examinations for licenses to practice all professions placed under its jurisdiction, hold meetings for the licensure…

45:9-42.30. Annual issuance and expiration; renewal; fees; display All clinical laboratory licenses shall be issued on or before January 1 in each calendar year and shall expire on December 31 in each calendar year. Application for renewal therefor shall be made at such time and …

45:9-42.31. Owner and director; joint and separate responsibility for compliance The owner and director of a clinical laboratory shall be jointly and separately responsible for its compliance with this act and regulations as may be promulgated hereunder. L.1975, c. 166, s. 6, eff…

45:9-42.32. Transfer of license; prohibition; change in ownership or direction; notice and reapplication No license issued under the provisions of this act shall be transferable. A change in ownership or direction of a licensed laboratory shall require notification to the departm…

45:9-42.33 Provisions not applicable. 8. The provisions of this act shall not apply to: a. Clinical laboratories operated and maintained exclusively for research and teaching purposes, involving no patient or public health services whatsoever; b. Clinical laboratories operated by…

45:9-42.34 Rules, regulations; standards for operation of clinical laboratories. 9. The Public Health Council of the department shall promulgate rules and regulations for operation of clinical laboratories, including the use of quality control programs as described in subsection …

45:9-42.34a Calculation of glomerular filtration rate when testing to diagnose kidney disease. 1. The director of a clinical laboratory licensed in this State pursuant to P.L.1975, c.166 (C.45:9-42.26 et seq.) shall provide that when the laboratory tests a specimen to determine a…

45:9-42.35. Rules and regulations; license application, issuance, renewal and expiration The commissioner shall establish reasonable rules and regulations for license application, issuance, renewal and expiration. L.1975, c. 166, s. 10, eff. Aug. 1, 1975.

45:9-42.36. Advisory committee An advisory committee shall be appointed by the commissioner and shall serve for a term of 2 years, with no member serving for more than two consecutive terms. Members of the advisory committee shall serve in a voluntary capacity to advise the depar…

45:9-42.37 Clinical laboratory evaluation program. 12. The department shall establish and conduct a clinical laboratory evaluation program to: a. Prescribe minimum standards of performance in the examination of specimens, and any standards that would exceed the standards establis…

45:9-42.38. Right of entry and inspection The department and any officers or employees thereof in the performance of any duty imposed by this act shall have the power and authority to enter at any time and inspect any clinical laboratory for the purpose of studying and evaluating…

45:9-42.39. Confidentiality of information, examination upon application to court All reports submitted under the provisions of this act and any information obtained in the course of inspections shall be deemed confidential and may be examined only upon application to a court of …

45:9-42.4. Application for plenary or specialty license; fee All persons desiring a bio-analytical laboratory director's license shall apply therefor to the board. a. Every applicant for plenary license shall present to the secretary of the board, at least 30 days before the exam…

45:9-42.40. Denial, revocation, suspension, limitation, annulment or denial of renewal; grounds A clinical laboratory license may be denied, revoked, suspended, limited, annulled, or renewal thereof may be denied by the commissioner for good cause, including but not limited to: a…

45:9-42.41. Refusal to grant, suspension, limitation or revocation of license; notice; hearing; service of order; summary suspension The commissioner, before refusing to grant a license or before suspending, limiting or revoking a license previously granted shall give notice to t…

45:9-42.41a. Clinical laboratory bills, presentation. 1. A clinical laboratory shall present or cause to be presented a claim, bill or demand for payment for clinical laboratory services directly to the recipient of the services, except that the claim, bill or demand for payment …

45:9-42.41b. Schedule of fees, charges, provided annually 4. A clinical laboratory shall annually provide a health care provider with a list of its schedule of fees and charges for laboratory services rendered to the health care provider's patients. The clinical laboratory shall …

45:9-42.41c. Interpretation charges permitted 5. Nothing in this act shall be construed to prevent a health care provider from including a charge for the interpretation of a laboratory test as part of the health care provider's office visit fee. L.1997,c.156,s.5.

45:9-42.42. Prohibited activities 17. No person shall: a. Operate, maintain, direct, or engage in the business of operating a clinical laboratory, as herein defined, unless he has obtained a clinical laboratory license from the department, or is exempt under the provisions of thi…

45:9-42.43. Violations, penalty 18. a. Any person convicted of violating any provision of this act or of any rule or regulation adopted hereunder shall be subject to a penalty of not less than $100.00 nor more than $1,000.00 for each violation. The penalty shall be collected, and…

45:9-42.44. Injunction of violation or threatened violation Any violation or threatened violation of any provision of this act or of any rule or regulation adopted hereunder may be restrained by the Superior Court in an action brought for such purpose by the Attorney General on b…

45:9-42.45. Severability If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. To this e…

45:9-42.46 Recording of race, ethnicity, sexual orientation, gender identity of patients, procedure. 2. a. (1) A clinical laboratory shall electronically record the race, ethnicity, sexual orientation, and gender identity of each patient who presents with a non-electronic order f…

45:9-42.47 Recorded gender identity, sexual orientation, racial, ethnic information necessary for storing demographic information; compliance; penalties. 3. Any electronic medical records or laboratory information management systems used by acute care hospitals and licensed clini…