N.J. Admin. Code § 13:45B-14.3

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

Section 13:45B-14.3 - General duties

(a) An agency shall comply with accepted professional standards and principles that apply to furnishing services to be provided by health care practitioners.

(b) An agency shall comply with all Federal, State and local laws and shall not direct, request, condone or aid or abet any health care practitioner in the performance of an unlawful act.

(c) An agency shall employ not less than one health care practitioner supervisor who shall be licensed as an employment agent, provided, however, that a health care service firm may employ a health care practitioner supervisor who need not be licensed as an employment agent.

(d) The agency with the assistance of the health care practitioner supervisor shall be responsible for establishing such practices and procedures as may be necessary to assure the agency's compliance with this subchapter.

(e) An agency shall not submit, record or convey to another agency, information that the agency knows or has reason to know is false, deceptive or misleading.

(f) An agency shall make available for inspection by the Director, or by his or her designated agent, any book, record or account required by law, including these rules, to be made, maintained or kept.

(g) An agency shall retain all records required to be maintained by this regulation for a period of seven years from the date on which the record is required to be made.

(h) An agency shall either maintain, or ensure the existence of, a general liability insurance policy that shall insure against any placed health care practitioner's negligence, malpractice or any other unlawful conduct occurring within the scope of the health care practitioner's placement. The policy shall be in the amount of not less than $ 1,000,000.

(i) An agency shall, upon receipt of a duly authorized release, provide to another agency a copy of all mandated testing and immunization results for the health care practitioner.

(j) The agency and the health care practitioner supervisor shall immediately report any violation of this subchapter to the Executive Director.

(k) The agency and the health care practitioner shall cooperate in providing information to any investigation conducted to determine whether a violation of this subchapter or any applicable statute has occurred.

(l) An agency's failure to comply with this subchapter may be deemed good cause within the meaning of 34:8-53, upon notice to the agency and an opportunity to be heard, for the suspension or revocation of licensure or for such other relief or sanctions as may be authorized by law.

N.J. Admin. Code § 13:45B-14.3

Recodified from N.J.A.C. 13:45B-15.3 by R.2008 d.92, effective 4/21/2008.
See: 40 N.J.R. 91(b), 40 N.J.R. 2118(a).
Former N.J.A.C. 13:45B-14.3, Initial registration requirements, recodified to N.J.A.C. 13:45B-13.3.
Amended by R.2008 d.254, effective 8/18/2008.
See: 40 N.J.R. 1762(a), 40 N.J.R. 4819(a).
In (e), inserted a comma following "agency" and substituted "that" for "which"; in (f), substituted "Director" for "Executive Director of the Office of Consumer Protection" and "rules" for "regulations"; in (h), substituted "that" for "which"; and in (j), deleted "of the Office of Consumer Protection" from the end.