N.J. Admin. Code § 13:39A-3.8

Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:39A-3.8 - Violative acts; professional misconduct
(a) The following acts or practices shall be among those deemed to be violative of N.J.S.A. 45:9-37.1 1 et seq., and to constitute professional misconduct pursuant to 45:1-21.e:
1. Accepting, or agreeing to accept, from any person, firm or corporation any fee, commission, rebate, gift or other form of remuneration for prescribing, ordering or promoting the sale of a device, appliance or other item or service; except that nothing in this section shall preclude a licensed physical therapist from accepting a product or commodity which can be used as a sample by patients, provided that the licensed physical therapist does not charge the patient for such items;
2. Charging any patient a fee for making a referral to a physician or other health care professional authorized to direct the initiation of physical therapy, for the purpose of obtaining clearance for physical therapy. Nothing in this section shall preclude a licensed physical therapist from charging a patient for a physical therapy examination and evaluation conducted prior to referral;
3. Using, or permitting the use of, his or her professional education degree, title, or license in connection with the rendition of services which are outside the scope of physical therapy practice;
4. Representing services as therapeutic, or permitting the representation of services as therapeutic, when, although the services are within the licensee's scope of practice, no therapeutic outcome is expected;
5. Rendering an intervention when, in the exercise of his or her professional judgment, the licensed physical therapist may deem such intervention to be unnecessary. When appropriate, the licensed physical therapist shall notify the referring professional in writing that the intervention is to be terminated and the reason(s) for such termination;
6. Aiding or abetting the unlicensed practice of physical therapy;
7. Falsifying or altering any patient records for the purpose of obtaining payment for services which were not rendered;
8. Authorizing the submission of any bill for professional services which were not rendered, or which were rendered only for the purpose of obtaining additional reimbursement;
9. Failure by a licensed physical therapist to assure that any bills for services rendered under his or her professional license accurately represents the services rendered and that charges submitted for services rendered by a licensed physical therapist or licensed physical therapist assistant are based solely upon the services reflected in the patient record;
10. Failure to produce a hard copy of a complete patient record upon request; or
11. Failure to refer a patient to another licensed health care professional as required by 13:39A-2.5.

N.J. Admin. Code § 13:39A-3.8

Amended by 47 N.J.R. 3046(a), effective 12/7/2015