N.J. Admin. Code § 13:42-10.14

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

Section 13:42-10.14 - Prohibition on referral fees and fee splitting

(a) A licensee shall not pay, offer to pay or receive any fee or other form of compensation for referral of a client for professional services or for the purchase of goods. This subsection shall not prohibit a licensee from:

1. Paying a flat fee for regular advertising services;

2. Paying a flat fee for the licensee's placement on a commercially sponsored "referral list" of licensed health care providers; or

3. Contributing a fee to a professionally sponsored referral service.

(b) A licensee shall not permit the division of fees for professional services other than among licensed health care professionals in the same or in a closely allied professional health care field engaged in a bona fide partnership, professional service corporation, limited liability company, limited liability partnership, employment relationship, or between a licensee and an applicant for licensure who is working under the supervision of the licensee pursuant to a Board issued temporary permit. A licensee shall not divide fees for professional services rendered to a client with a psychologist practicing as an independent contractor. This subsection shall not prohibit a licensee from charging a flat fee to an independent contractor on a per hour or per service basis to cover expenses.

(c) This section shall be construed broadly to effectuate its remedial intent.

N.J. Admin. Code § 13:42-10.14

Petition for Rulemaking.
See: 26 N.J.R. 263(a).
Amended by R.2000 d.476, effective 12/4/2000.
See: 31 N.J.R. 3218(a), 32 N.J.R. 4260(a).
Rewrote (b).
Amended by R.2004 d.140, effective 4/5/2004.
See: 35 N.J.R. 5039(a), 36 N.J.R. 1815(a).
In (a)3, deleted "for provision of low-cost psychotherapy to screened clients" following "referral service"; in (b), added the third sentence.
Amended by R.2009 d.241, effective 8/3/2009.
See: 41 N.J.R. 712(a), 41 N.J.R. 2975(a).
In (b), substituted "cover" for "coverage".