N.J. Admin. Code § 13:44K-1.3

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

Section 13:44K-1.3 - Occupational therapy services performed for 60 days without a license

(a) For purposes of this section, the term "in association with" means an employment relationship, independent contractor relationship, consultant relationship, or other agreement between a New Jersey licensed occupational therapist and an occupational therapist or occupational therapy assistant licensed in another state, whereby the New Jersey licensed occupational therapist agrees to assume the responsibilities set forth in this section.

(b) An occupational therapist or occupational therapy assistant licensed in another state with regulatory requirements that are substantially equivalent to the requirements in New Jersey shall be permitted to engage in the practice of occupational therapy in this State, in association with a New Jersey licensed occupational therapist who satisfies the requirements of (c) below, for up to 60 days in a calendar year without obtaining a license, pursuant to N.J.S.A. 45:9-37.6 0(e), consistent with the requirements of this section.

(c) The New Jersey licensed occupational therapist with whom an occupational therapist or occupational therapy assistant licensed in another state seeks to work in association with pursuant to (b) above shall:

1. Have a license in New Jersey that is active and in good standing, other than a temporary license;

2. Obtain confirmation from the Council that the state in which the occupational therapist or occupational therapy assistant is licensed has regulatory requirements that are substantially equivalent to the requirements in New Jersey;

3. Submit written notification to the Council of the occupational therapist or occupational therapy assistant's decision to work in New Jersey pursuant to this section, within seven business days of the commencement of work in New Jersey. The written notification shall include the occupational therapist or occupational therapy assistant's name, address, states of licensure, out-of-State license numbers and the address in New Jersey where he or she will be providing occupational therapy services. The written notification shall also include a statement that the New Jersey licensee has verified with the licensing authority in each state in which the occupational therapist or occupational therapy assistant is licensed that:

i. The licensee is in good standing; and

ii. The occupational therapist or occupational therapy assistant has not been convicted of a crime and does not have any criminal charges pending;

4. Provide a copy of the Occupational Therapy Licensing Act, N.J.S.A. 45:9-37.5 1 et seq., and the rules of this chapter to the occupational therapist or occupational therapy assistant prior to the commencement of work in New Jersey and shall ensure that the occupational therapist or occupational therapy assistant complies with all requirements set forth in the Act and in this chapter; and

5. Submit written notification to the Council whenever the association between the licensee and the occupational therapist or occupational therapy assistant is completed or is terminated. Such notification shall be submitted within seven business days of the completion or termination of the association.

(d) Failure on the part of an occupational therapist or occupational therapy assistant licensed in another state to comply with the requirements of N.J.S.A. 45:9-37.6 0(e) or this section while providing occupational therapy services in New Jersey shall be deemed a violation of the Occupational Therapy Licensing Act, N.J.S.A. 45:9-37.6 0(e), and this section. The Council shall give notice of such violation to the licensing authority in the state in which the occupational therapist or occupational therapy assistant is licensed. Such violation may be considered by the Council in evaluating any application by the occupational therapist or occupational therapy assistant for occupational therapy licensure in New Jersey.

(e) The New Jersey licensed occupational therapist with whom an occupational therapist or occupational therapy assistant licensed in another state seeks to work in association shall comply with the requirements set forth in (c) above in each calendar year that such association takes place.

(f) The New Jersey licensed occupational therapist who works in association with an occupational therapist or occupational therapy assistant licensed in another state shall maintain all documentation regarding such associations for a period of five years from the date of termination of each association.

(g) A New Jersey licensed occupational therapist who fails to comply with the requirements of this section shall be deemed to have engaged in professional misconduct.

N.J. Admin. Code § 13:44K-1.3

New Rule, R.2009 d.141, effective 5/4/2009.
See: 40 N.J.R. 6391(a), 41 N.J.R. 2017(a).