N.J. Admin. Code § 13:37A-3.9

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

Section 13:37A-3.9 - Duty to report

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.

"Conviction" means a judgment of conviction entered following plea agreement or trial on an arrest, indictment, accusation, or bill of particulars in a state or Federal criminal proceeding, or the resolution of such charges, whether by a plea of no contest or nolo contendere or by pre-trial diversion program.

"Disciplinary order" means a disposition suspending or revoking licensure privileges or imposing civil penalties or ordering the restoration of money or ordering corrective action or medical or other professional treatment or monitoring, or censuring or reprimanding a licensee.

"Licensing authority" means any professional or occupational licensing board charged with granting, suspending, or revoking licensure or certification privileges.

"Medical condition" includes physiological, mental, or psychological conditions or disorders, such as, but not limited to, orthopedic, visual, speech, or hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional or mental illness, specific learning disabilities, HIV disease, tuberculosis, drug addiction, and alcoholism.

(b) A licensee shall provide notice to the Board in writing within 10 days regarding any of the following:

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

2. Pending or final actions by criminal authorities for violations of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense pursuant to the laws of the United States, this State, or another state, including, but not limited to, being indicted or convicted of a crime involving moral turpitude or a crime adversely relating to his or her practice;

3. Being named as a defendant or respondent in a civil, criminal, or administrative investigation, complaint, or judgment involving alleged malpractice, negligence, or misconduct relating to his or her practice;

4. Actions by an employer grounded, in whole or in part, upon client care concerns that actions condition, curtail, limit, suspend, or revoke employment;

5. Disciplinary actions by state licensing authorities including, but not limited to, being the subject of any voluntary license or certification surrender or any disciplinary action or order by any state or Federal agency, board, or commission, including any order of limitation or preclusion;

6. Actions by the Department of Health; or

7. Actions by professional review organizations or utilization review organizations.

(c) For each item listed in (b) above, the licensee shall provide an explanation therefor.

(d) Failure by a licensee to provide the Board with notice of any information required pursuant to this section within the required time period of the change or the event necessitating the filing of the notice may be deemed professional misconduct within the meaning of N.J.S.A. 45:1-21.e.

N.J. Admin. Code § 13:37A-3.9

Adopted by 51 N.J.R. 1688(a), effective 11/18/2019