N.J. Admin. Code § 13:44K-3.3

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

Section 13:44K-3.3 - Licensure by reciprocity

(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Council shall issue a license as an occupational therapist or occupational therapy assistant, as applicable, to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:

1. The Council determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current standards of this State;

2. The applicant has been practicing as a licensed occupational therapist or occupational therapy assistant, as applicable, or its equivalent in another state, for a period of at least one year, and not less than 1,200 hours, within the five years prior to the date of application; and

3. The requirements of (c) below are satisfied.

(b) Prior to the issuance of the license, the Council shall have received:

1. Documentation reasonably satisfactory to the Council that the applicant's license in each state in which the applicant is licensed is in good standing;

2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police that do not disclose a conviction for a disqualifying crime; and

3. Designation of an agent in this State for service of process if the applicant is not a State resident and does not have an office in this State.

(c) For purposes of this section, "good standing" means that:

1. No action has been taken against the applicant's license by any licensing board;

2. No action adversely affecting the applicant's privileges to practice occupational therapy has been taken by any out-of-State institution, organization, or employer;

3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice occupational therapy;

4. All fines levied by any out-of-State board have been paid; and

5. There is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.

(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.

(e) If the education and examination requirements in the state in which the applicant is licensed are not substantially equivalent to the Council's current standards as required in (a) above, the Council will consider an applicant's individual experience to compensate for such disparity. In making a determination whether an applicant's experience would compensate for such disparity in substantial equivalence in education or examination, the Council shall consider the following:

1. Length of the experience;

2. Whether the experience was supervised by another individual;

3. The applicant's professional history;

4. The applicant's employment history; and

5. The applicant's education history.

(f) Not later than six months after the issuance of a license, an applicant shall provide the Council with evidence reasonably satisfactory to the Council verifying the applicant's education, training, and examination results.

(g) The Council, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.

(h) An applicant shall complete the New Jersey Jurisprudence Orientation.

(i) The Council may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement of (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to practice occupational therapy; adversely affect the public health, safety, or welfare; result in economic or physical harm to a person; or create a significant threat of such harm.

N.J. Admin. Code § 13:44K-3.3

Adopted by 51 N.J.R. 769(b), effective 5/20/2019