N.J. Admin. Code § 13:35-13.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:35-13.15 - Suspension, revocation or refusal to renew license

(a) The Board may refuse to grant or may suspend or revoke a license to practice perfusion upon proof that the licensee:

1. Has permitted an unlicensed person or entity to perform an act for which a license is required by the Committee, or aided and abetted an unlicensed person or entity in performing such an act;

2. Used procedures and/or acted in a manner inconsistent with the standards of the practice of perfusion;

3. Has obtained a license or authorization to sit for an examination, as the case may be, through fraud, deception or misrepresentation;

4. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

5. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;

6. Has engaged in repeated acts of negligence, malpractice or incompetence;

7. Has engaged in professional or occupational misconduct as may be determined by the Board or Committee;

8. Has been convicted of, or engaged in acts constituting any crime or offense involving moral turpitude or relating adversely to the activity regulated by the Committee. For the purpose of this subchapter, a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

9. Has had his or her authority to engage in the practice of perfusion revoked or suspended by any other state, agency or authority for reasons consistent with this subchapter;

10. Has violated or failed to comply with the provisions of any Act or regulation administered by the Committee;

11. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare;

12. Has violated any provision of P.L. 1983, c.320 (17:33A-1 et seq.) or any insurance fraud prevention law or Act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L. 1983, c.320 (17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties;

13. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subchapter, the term "presently" means at any time within the previous 365 days; or

14. Advertised the practice of perfusion so as to disseminate false, deceptive or misleading information, whether as an individual, through a professional service corporation or through a third party.

(b) In addition to the consequences listed in (a) above, the Board may impose additional or alternative penalties pursuant to 45:1-22 and 45:1-25 for violations of any provision of N.J.S.A. 45:9-37.9 4 et seq., and this subchapter.

(c) The Board may order a refusal to renew license, suspension of license, temporary suspension of license or revocation of license, and/or the issuance of a civil penalty under this section, provided that the licensee has an opportunity to be heard by the Board pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 13:35-13.15