N.J. Admin. Code § 13:44C-8.7

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

Section 13:44C-8.7 - Professional practices

(a) Licensees shall perform only those functions that are within the scope of their competence considering their level of education, training, and experience.

(b) The following acts or professional practices shall be deemed to be unprofessional conduct:

1. Offering, agreeing to provide or providing any payment or other form of remuneration to any person or entity authorized to direct the initiation of speech-language pathology or audiology services for a referral of any specific patient or any number of patients;

2. Accepting payment or other form of remuneration from any person or entity authorized to direct the initiation of audiology or speech-language pathology services for the referral of any patient;

3. Receiving from any person, firm, partnership or corporation a fee or other form of remuneration for prescribing, recommending, ordering or promotion of the sale of a device, appliance or other item or service, unless such interest is made known in writing to the person for whom the device or appliance is being ordered, prescribed or recommended. Nothing herein shall preclude a licensed speech-language pathologist or audiologist from accepting a product or commodity which can be used as a sample by patients, provided that the speech-language pathologist or audiologist does not charge patients for items so obtained;

4. Knowingly using audiometric test equipment that is not calibrated according to the American National Standard Specification for Audiometers (ANSI S3.6-1996, 1996), available from the Acoustical Society of America, 120 Wall Street, 32nd Floor, New York, New York 10005-3993, which is incorporated herein by reference, as amended and supplemented;

5. Conducting a test in an environment that does not meet nationally recognized standards for maximal permissible background sound from the American National Standard Maximum Permissible Ambient Noise Levels for Audiometric Test Rooms (ANSI S3.1-1991, 1991), available from the Acoustical Society of America, 120 Wall Street, 32nd Floor, New York, New York 10005-3993, which is incorporated herein by reference, as amended and supplemented. If a patient cannot, due to health problems, be moved to a testing environment that meets these standards the licensee shall test the patient within the available environment and the testing conditions shall be documented in the patient's record;

6. Offering to render or rendering treatment or offering to conduct or conducting testing which in light of the patient's history and findings is unwarranted and unnecessary; or

7. Representing oneself as a physician rendering medical opinion or medical services.

N.J. Admin. Code § 13:44C-8.7

Amended by R.1993 d.383, effective 8/2/1993.
See: 25 New Jersey Register 1668(a), 25 New Jersey Register 3504(b).
Subsection (b) was codified as 13:44C-8.3, Scope of practice.
Petition for Rulemaking.
See: 30 New Jersey Register 2091(b), 31 New Jersey Register 1826(a).
Amended by R.1998 d.374, effective 7/20/1998.
See: 30 New Jersey Register 1195(a), 30 New Jersey Register 2634(a).
Inserted a new (a); and recodified former (a) and (b) as (b) and (c).
Amended by R.2001 d.380, effective 10/15/2001.
See: 33 New Jersey Register 1863(b), 33 New Jersey Register 3650(a).
In (b), added a new 5 and recodified former 5 as 6.
Recodified from N.J.A.C. 13:44C-8.2 and amended by R.2004 d.23, effective 1/20/2004.
See: 35 New Jersey Register 3273(a), 36 New Jersey Register 527(a).
Rewrote the section.