N.J. Admin. Code § 13:45A-35.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45A-35.11 - Professional misconduct

(a) Noncompliance with the rules in this subchapter may be deemed professional misconduct and may subject the pharmacy permit holder, an out-of-State pharmacy that is subject to this subchapter, pharmacist, practitioner, licensed health care professional, registered dental assistant, mental health practitioner, or licensed athletic trainer to disciplinary action pursuant to the provisions of N.J.S.A. 45:1-21 and to the penalties set forth in N.J.S.A. 45:1-49.

(b) Noncompliance with the rules in this subchapter by a delegate may be deemed professional misconduct by the practitioner and may subject the practitioner to disciplinary action pursuant to the provisions of N.J.S.A. 45:1-21 and to the penalties set forth in N.J.S.A. 45:1-49.

(c) Noncompliance with the rules in this subchapter may provide a basis for the withdrawal of the authorization of a registered resident to engage in the practice of medicine or the practice of dentistry, as applicable. Upon receipt of the notice of proposed withdrawal, the registered resident may request a hearing, which shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq.

(d) Noncompliance with the rules in this subchapter may provide a basis for the withdrawal of the authorization to a certified medical assistant or medical scribe to access the PMP. Upon receipt of the notice of proposed withdrawal, the certified medical assistant or medical scribe shall have an opportunity to provide a written explanation for the noncompliance.

(e) The Division shall refer noncompliance with the rules in this subchapter to the appropriate licensing board.

(f) The Division shall refer to law enforcement, which may result in a criminal conviction and a civil penalty in accordance with N.J.S.A. 45:1-49 the following persons:

1. A person who is authorized to obtain prescription monitoring information from the PMP who knowingly discloses such information in violation of the provisions of N.J.S.A. 45:1-45 through 50.

i. The production of a patient record in response to a lawful request by the patient, an authorized representative of the patient, or pursuant to a subpoena or other court order shall not be deemed a knowing disclosure within the meaning of the statute;

2. A person who is authorized to obtain prescription monitoring information who uses this information in the course of committing, attempting to commit, or conspiring to commit any criminal offense; and

3. A person who is not authorized to obtain prescription monitoring information from the PMP who knowingly obtains or attempts to obtain such information in violation of the provisions of N.J.S.A. 45:1-45 through 50.

(g) Notwithstanding the provisions of this subchapter and the person's CDS registration status or employment status, the Division shall retain the right to take action for noncompliance with the rules in this subchapter or violations of the provisions of N.J.S.A. 45:1-45 through 50.

N.J. Admin. Code § 13:45A-35.11

Adopted by 48 N.J.R. 2374(a), effective 11/7/2016

Amended by 50 N.J.R. 1500(a), effective 7/2/2018

Amended by 51 N.J.R. 624(a), effective 5/6/2019