N.J. Admin. Code § 7:28-24.12

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:28-24.12 - Examination application or license application denial, license revocation and suspension, and sanctions

(a) The Department, in addition to any penalties authorized by the Act, may deny any examination or license application, and may revoke or suspend a nuclear medicine technology license, when the applicant or licensed nuclear medicine technologist has:

1. Violated any of the provisions of this subchapter, or the Act;

2. Been convicted of, any crime which relates, or could relate, adversely to the practice of nuclear medicine technology. For the purpose of this section, a plea of guilty, non vult, no contest, or any other such disposition of alleged criminal activity shall be deemed a conviction;

3. Has been admitted to a pretrial intervention program or the substantial equivalent thereof based upon alleged conduct which relates, or could relate, adversely to the practice of nuclear medicine technology;

4. Has had his or her certification, registration, or license to practice nuclear medicine technology revoked or suspended by any other state or certifying agency for reasons consistent with this chapter; or

5. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the health, safety and welfare of the public.

(b) The Board, in addition to any penalty authorized by the Act, may, upon learning of any of the acts or omissions listed in (b)1 through 13 below, deny admission to any examination; deny an application for a license in fusion imaging CT technology; revoke or suspend the license of a fusion imaging CT technologist for a fixed period; and censure, reprimand, or otherwise discipline the technologist in accordance with the provisions and procedures set forth in the Radiologic Technologist Act, N.J.S.A. 26:2D-24 et seq.:

1. Violation of any of the provisions of this subchapter or the Act;

2. Conviction of any crime that reasonably relates to fusion imaging CT technology. For the purpose of this section, a plea of guilty, non vult, no contest, or other such disposition of alleged criminal activity shall be deemed a conviction;

3. Revocation or suspension of a certification, registration, or license to fusion imaging CT technology or censure or reprimand by any other state or certifying agency for reasons consistent with this subchapter;

4. Dishonesty, fraud, deception, misrepresentation, or falsification in:

i. Fusion imaging CT technology or in documenting compliance with the Radiation Protection Act, the Radiologic Technologist Act, or this chapter;

ii. Obtaining a fusion imaging CT technology license, including taking the examination and completing the required education and training;

iii. Statements on any fusion imaging CT technology application for examination or license;

iv. Statements or documentation regarding the status of any national certification relating to the field of computed technology;

v. Statements made to a representative of the Department or Board; or

vi. Any records relating to the practice of fusion imaging CT technology;

5. Altering any fusion imaging CT technology license or examination results;

6. Practicing fusion imaging CT technology or reporting to work as a fusion imaging CT technologist while under the influence of alcohol or a Controlled Dangerous Substance as defined in the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq.;

7. Acting in a negligent or incompetent manner relating to fusion imaging CT technology;

8. Maliciously destroying or stealing property or records relating to the practice of fusion imaging CT technology;

9. Failing to exercise due regard for safety, life, or health while engaged in the practice of fusion imaging CT technology;

10. Violating any term limitation, condition, or restriction that the Board has placed on his or her fusion imaging CT technology license;

11. Failing to comply with any State or Federal law or regulation regarding the confidentiality of a patient's medical or dental information;

12. Impersonating a licensed fusion imaging CT technologist;

13. Discriminating in the practice of fusion imaging CT technology as defined in Section 3 of New Jersey Law Against Discrimination, N.J.S.A. 10:5-3, as supplemented or amended.

(c) There is a rebuttable presumption that a person who has been determined by the Board to have committed an act or omission listed in (b) above or has been convicted of a crime involving moral turpitude does not meet the standard of good moral character. A person may rebut the presumption by demonstrating to the Board's satisfaction that he or she is of good moral character.

(d) This subchapter shall not in any way affect or abridge the powers of the Department to issue emergency orders pursuant to N.J.S.A. 26:2D-12 or to bring an action in Superior Court, pursuant to N.J.S.A. 26:2D-13. Recodified from N.J.A.C. 7:28-24.9 and amended by R.2016 d.022, effective March 7, 2016.

N.J. Admin. Code § 7:28-24.12

See: 47 N.J.R. 2589(a), 47 N.J.R. 2695(a), 48 N.J.R. 409(b).
Section was "Examination application or license application denial, license revocation and suspension". Rewrote the section. Former N.J.A.C. 7:28-24.12, List of approved schools, recodified to N.J.A.C. 7:28-24.15.