STATE BOARD OF PHYSICAL THERAPY LAW AND PUBLIC SAFETY
Chapter 39A Page 1 of 63 Last Revision Date: 9/07/2021
N EW J ERSEY A DMINISTRATIVE C ODE
T ITLE 13
L AW AND P UBLIC S AFETY
C HAPTER 39A
S TATE B OARD OF P HYSICAL T HERAPY
STATE BOARD OF PHYSICAL THERAPY LAW AND PUBLIC SAFETY
Chapter 39A Page 2 of 63 Last Revision Date: 9/07/2021
CHAPTER TABLE OF CONTENTS
SUBCHAPTER 1. AGENCY ORGANIZATION AND ADMINISTRATION .......................................... 5
13:39A-1.1 Election of officers ...................................................................................................................... 5
13:39A-1.2 Delegation of authority to act on emergent applications .......................................................... 5
13:39A-1.3 Fees and charges ........................................................................................................................ 5
13:39A-1.4 (Reserved) .................................................................................................................................. 7
SUBCHAPTER 2. PRACTICE AS A LICENSED PHYSICAL THERAPIST AND LICENSED PHYSICAL
THERAPIST ASSISTANT ........................................................................................................... 7
13:39A-2.1 Definitions .................................................................................................................................. 7
13:39A-2.2 Authorized practice by a licensed physical therapist ............................................................... 10
13:39A-2.2A Wound debridement.............................................................................................................. 11
13:39A-2.3 Authorized role of a licensed physical therapist assistant ....................................................... 12
13:39A-2.4 Delegation by a licensed physical therapist to unlicensed persons ......................................... 12
13:39A-2.5 Referral of patients and consultation standards for licensed physical therapists ................... 13
13:39A-2.6 Practice pursuant to Physical Therapy Licensure Compact (Compact) .................................... 14
SUBCHAPTER 3. BUSINESS PRACTICES; PROFESSIONAL CONDUCT ........................................ 14
13:39A-3.1 Patient records ......................................................................................................................... 14
13:39A-3.2 Use of personal or other computer to prepare patient records .............................................. 16
13:39A-3.3 Release of patient record ......................................................................................................... 17
13:39A-3.4 Financial arrangements with clients and third party payors.................................................... 18
13:39A-3.5 Display of notice of licensure; notification of availability of fee information .......................... 19
13:39A-3.6 Prohibition on excessive fees; overutilization .......................................................................... 19
13:39A-3.7 Notification of change of address; service of process ............................................................. 20
13:39A-3.8 Violative acts; professional misconduct ................................................................................... 21
13:39A-3.9 Identification of licensees ........................................................................................................ 22
13:39A-3.10 Sexual misconduct .................................................................................................................. 22
SUBCHAPTER 4. UNLICENSED PRACTICE ............................................................................... 24
13:39A-4.1 Acts amounting to unlicensed practice ....................................................................................
24
13:39A-4.2 Aiding and abetting unlicensed practice .................................................................................. 25
13:39A-4.3 License requirements and exemptions .................................................................................... 25
SUBCHAPTER 5. CREDENTIALING OF APPLICANTS ................................................................. 27
13:39A-5.1 Licensing requirements for a physical therapist ...................................................................... 27
13:39A-5.2 Licensing requirements for a physical therapist assistant ....................................................... 28
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13:39A-5.2A Abandonment of application for licensure ............................................................................ 28
13:39A-5.3 Examination standards for applicants for licensure as physical therapists and physical
therapist assistants ..................................................................................................................................... 29
13:39A-5.4 (Reserved) ................................................................................................................................ 29
13:39A-5.5 Licensure by reciprocity ........................................................................................................... 30
13:39A-5.6 Recognition of scores on standardized examinations administered in other states ............... 31
13:39A-5.7 Language comprehension requirements ................................................................................. 31
13:39A-5.8 Re-examination of applicants for licensure as physical therapists and physical therapist
assistants ..................................................................................................................................................... 32
13:39A-5.9 Non-appearance at examination.............................................................................................. 32
13:39A-5.10 Credit towards licensure for education, training, and experience received while serving as a
member of the Armed Forces ..................................................................................................................... 32
SUBCHAPTER 5A. LICENSE RENEWAL .................................................................................... 33
13:39A-5A.1 Biennial license renewal; inactive status ............................................................................... 33
13:39A-5A.2 License reactivation ............................................................................................................... 34
13:39A-5A.3 Reinstatement of suspended license ..................................................................................... 36
SUBCHAPTER 6. TEMPORARY LICENSES FOR VISITING PHYSICAL THERAPISTS AND PHYSICAL
THERAPIST ASSISTANTS ....................................................................................................... 38
13:39A-6.1 Temporary visiting licensed physical therapists and temporary visiting licensed physical
therapist assistants ..................................................................................................................................... 38
13:39A-6.2 Responsibilities of a temporary visiting licensed physical therapist assistant ......................... 38
13:39A-6.3 (Reserved) ................................................................................................................................ 39
13:39A-6.4 (Reserved) ................................................................................................................................ 39
SUBCHAPTER 7. SUPERVISION OF LICENSED PHYSICAL THERAPIST ASSISTANTS .................... 39
13:39A-7.1 Supervision requirement; licensed physical therapist assistant .............................................. 39
13:39A-7.2 Responsibilities of designated supervising licensed physical therapist ................................... 40
13:39 A-7.3 Responsibilities of licensed physical therapist assistant ......................................................... 41
SUBCHAPTER 7A. (RESERVED) .............................................................................................. 43
SUBCHAPTER 7B. (RESERVED) .............................................................................................. 43
SUBCHAPTER 8. ADVERTISING ............................................................................................. 43
13:39A-8.1 Advertising and solicitation practices ...................................................................................... 43
13:39A-8.2 Advertising free or discounted services; required disclosures ................................................ 46
13:39A-8.3 Testimonial advertising ............................................................................................................ 47
13:39A-8.4 Minimum content..................................................................................................................... 47
13:39A-8.5 Use of professional credentials and certifications ................................................................... 47
13:39A-8.6 Advertising by a business entity offering physical therapy services ........................................ 48
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13:39A-8.7 Advertising record retention .................................................................................................... 48
SUBCHAPTER 9. CONTINUING EDUCATION and competency ................................................ 48
13:39A-9.1 Licensure renewal: continuing education and competency requirement ............................... 48
13:39A-9.2 Credit hour requirements......................................................................................................... 49
13:39A-9.3 Acceptable course offerings; credit hour calculation .............................................................. 49
13:39A-9.4 Documentation of continuing education and competency credit ........................................... 52
13:39A-9.5 Waiver of continuing education and competency requirements ............................................ 54
13:39A-9.6 Responsibilities of continuing education and competency providers ..................................... 54
SUBCHAPTER 10. TELEMEDICINE .......................................................................................... 56
13:39A-10.1 Purpose and scope ................................................................................................................. 56
13:39A-10.2 Definitions .............................................................................................................................. 56
13:39A-10.3 Standard of care ..................................................................................................................... 57
13:39A-10.4 Licensed physical therapist or licensed physical therapist assistant-patient relationship .... 58
13:39A-10.5 Provision of services through telemedicine or telehealth ..................................................... 60
13:39A-10.6 Records ................................................................................................................................... 61
13:39A-10.7 Prevention of fraud and abuse ............................................................................................... 62
13:39A-10.8 Privacy and notice to patients ................................................................................................ 62
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SUBCHAPTER 1.
AGENCY ORGANIZATION AND ADMINISTRATION
13:39A-1.1 ELECTION OF OFFICERS
The membership of the State Board of Physical Therapy Examiners shall once each year
elect a chairperson, vice chairperson, and a secretary. The chairperson shall have the
responsibility to conduct all meetings unless, in his or her discretion, a delegation of that
responsibility is made. In the absence of the chairperson and an express delegation of
responsibility, the vice chairperson shall assume all of the duties of chairperson. In the absence
of the chairperson and vice chairperson, and in the absence of an express delegation of
responsibility, the secretary shall assume all of the duties of chairperson.
13:39A-1.2 DELEGATION OF AUTHORITY TO ACT ON EMERGENT APPLICATIONS
The chairperson shall be authorized to hear and decide emergent applications by the
Attorney General made pursuant to N.J.S.A. 45:1-22 for the temporary suspension of any
license. The chairperson may also undertake such other interim action as may be required by
circumstances arising prior to the next meeting date of the Board, provided that said action is
subsequently presented to the Board for its review and ratification. Any decision made by the
chairperson pursuant to this section shall be placed on the agenda of the Board at its next
regularly scheduled meeting for the purpose of its review and ratification. Insofar as it is
practicable, the Board shall be provided with a transcript of the record made before the
chairperson and the parties will be permitted to supplement the record with written submissions.
13:39A-1.3 FEES AND CHARGES
a) The following fees shall be charged by the State Board of Physical Therapy Examiners:
1)
Application Fee for Licensed Physical Therapist and Licensed Physical Therapist
Assistant ................................................................................................... $125.00
2)
Initial licensure fee, Licensed Physical Therapist:
i) If paid during first year of biennial renewal period: .............................. $110.00
ii) If paid during second year of biennial renewal period: ........................... $55.00
Initial licensure fee, Licensed Physical Therapy Assistant .......................................
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iii) If paid during first year of biennial renewal period: .............................. $100.00
iv) If paid during second year of biennial renewal period: ........................... $50.00
3)
Biennial renewal fee: .............................................................................................
i) Licensed Physical Therapist................................................................ $110.00
ii) Licensed Physical Therapist Assistant ................................................ $100.00
4)
Late renewal fee: ...................................................................................... $100.00
5)
Reinstatement fee..................................................................................... $150.00
6)
Temporary visiting license pursuant to N.J.S.A. 45:9-37.29(b) to practice on a temporary
basis to assist in a medical emergency or to engage in a special project or teaching
assignment ............................................................................................... $100.00
7)
Duplicate certificate of registration .............................................................. $25.00
8)
Duplicate wall license ................................................................................. $40.00
9)
Certification of licensure status ................................................................... $40.00
10)
Change of name and/or address with new certificate of registration fee
................................................................................................................... $25.00
11)
Continuing education provider submission fee .......................................... $100.00
12)
Inactive license fee ...................................... (to be established by Director by rule)
13)
Compact privilege fee ................................................................................ $ 40.00
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13:39A-1.4 (RESERVED)
SUBCHAPTER 2.
PRACTICE AS A LICENSED PHYSICAL THERAPIST AND LICENSED
PHYSICAL THERAPIST ASSISTANT
13:39A-2.1 DEFINITIONS
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
"Clinically supported" means that a licensee, prior to selecting, performing or ordering the
administration of a diagnostic test, has:
1.
Personally performed a physical examination, making an assessment of any current
and/or historical subjective complaints, observations, objective findings, neurological
indications;
2.
Considered any and all previously performed tests relating to the patient's medical
condition and the results; and
3.
Documented in the patient record positive and negative findings, observations and
medical indications to justify the test.
"Diagnostic testing" means a medical service utilizing biomechanical, neurological,
neurodiagnostic, radiological, vascular or any means, other than bioanalysis, intended to assist
in establishing a physical therapy diagnosis, for the purpose of recommending a course of
treatment for the tested patient to be performed consistent with the Physical Therapy Practice
Act, N.J.S.A. 45:9-37.11 et seq., and this chapter.
"Direct supervision" means the presence of the supervising licensed physical therapist on
site, available to respond to any consequence occurring during any treatment procedure.
"Disability" means the inability to engage in age specific, gender related, or sex specific roles
in a particular social context and physical environment.
"Functional limitations" means restrictions of the ability to perform a physical action, activity
or task in an efficient, typically expected or competent manner.
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“General supervision” means supervision by a physical therapist in which the supervising
physical therapist is available at all times by telecommunications but is not required to be on-site
for direction and supervision. The supervising physical therapist shall assess, on an ongoing
basis, the ability of the physical therapist assistant to perform the selected interventions as
directed.
"Impairment" means the loss or abnormality of physiological, psychological, or anatomical
structure or function.
"Physical therapy diagnosis" means a description placed on a group of signs and symptoms
that are identified as a result of the examination and evaluative process. The purpose of the
diagnostic determination is to allow the licensed physical therapist to select the appropriate
physical therapy interventions) to initiate the most effective care for the purpose of achieving the
patient's goals.
"Physical therapy evaluation" means a review exclusively by a licensed physical therapist
based on data and information collected during the examination and before any intervention.
The evaluation reflects the chronicity and severity of the current patient problem and the
possibility of multisystem and multisite involvement that may coexist with preexisting systemic
conditions or diseases. The evaluation considers the level of the current impairment(s),
functional limitation(s) and disability(ies), the living environment, potential discharge
destination(s) and social support(s). A "physical therapy evaluation" does not include examining
any person for the purpose of diagnosing any disease or organic condition.
"Physical therapy examination" means an inquiry conducted by a licensed physical therapist
into the patient history, relevant systems review, and tests and measurements, which is
conducted prior to any intervention. The history is an account of past and current health status.
The system review is an examination that provides information about the general health of the
patient that helps the licensed physical therapist determine physical therapy diagnosis, a
prognosis and a plan of care. Tests and measurements are performed by the licensed physical
therapist after review of the patient's history and systems reviewed to elicit additional
information.
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"Physical therapy instruction" means the act of providing consultative, educational or
advisory services to one or more individuals for the purpose of preventing or reducing physical
dysfunction and disability that may lead to reduced functional abilities.
""Physical therapy and physical therapy practice" mean the identification of physical
impairment, movement-related functional limitation, or balance disorder that occurs as a result
of injury or congenital or acquired disability or other physical dysfunction through examination,
evaluation, and diagnosis of the physical impairment or movement-related functional limitation
and the establishment of a prognosis, which includes the establishment of the plan of care and
all interventions, for the resolution or amelioration thereof and treatment of the physical
impairment or movement-related functional limitation, which shall include, but is not limited to,
the alleviation of pain, physical impairment, and movement-related functional limitation by
physical therapy intervention, including treatment by means of:
1.
Manual therapy techniques and massage;
2.
Electro-therapeutic modalities;
3.
Wound debridement and care pursuant to N.J.A.C. 13:39A-2.2A;
4.
The use of physical agents, mechanical modalities, hydrotherapy, therapeutic
exercises with or without assistive devices;
5.
Neurodevelopmental procedures;
6.
Joint mobilization;
7.
Movement-related functional training in self-care;
8.
Providing assistance in community and work integration or reintegration;
9.
Providing training in techniques for the prevention of injury, impairment, movement-
related functional limitation, or dysfunction;
10.
Providing consultative, educational, other advisory services; and
11.
Collaboration with other health care providers in connection with patient care.
“Physical therapy and physical therapy practice” also includes the screening, examination,
evaluation, and application of interventions for the promotion, improvement, and maintenance of
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fitness, health, wellness, and prevention services in populations of all ages exclusively related to
physical therapy practice.
"Physical therapy intervention" means the interaction of the licensed physical therapist with
the patient using various physical therapy procedures and techniques to produce changes in the
condition consistent with the patient's dysfunction, disability, or level of function and consistent
with the patient's projected outcome as a result of physical therapy intervention. When physical
therapy instruction is provided to an individual as part of his or her therapeutic interventions, the
instruction must be considered part of physical therapy intervention.
"Physical therapy prognosis" means the determination of the predicted level of optimal
improvement that may be attained through intervention and the amount of time required to reach
that level.
"Plan of care" means the specific physical therapy interventions to be used and their timing
and frequency.
"Referral" means the forwarding of a patient for professional services by one health care
professional to another health care professional or health care entity which provides or supplies
professional service, or the request for establishment of a plan of care by a health care
professional, including the provision of professional services or other health care devices.
“Wound debridement and care” means the removal of loosely adhered necrotic and
nonviable tissue by a physical therapist to promote healing, done in conjunction with a physician
or podiatric physician as required by N.J.A.C. 13:39A-2.2A.
13:39A-2.2 AUTHORIZED PRACTICE BY A LICENSED PHYSICAL THERAPIST
a) A licensed physical therapist may engage in physical therapy and physical therapy practice.
b) The licensed physical therapist shall continually monitor the patient's response to care and
modify the therapeutic intervention in a manner that is consistent with achieving the
therapeutic goals.
c) A licensed physical therapist may bill a patient or third party payor for a diagnostic test in
connection with a physical therapy evaluation provided:
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1)
The diagnostic testing is clinically supported and is specific to that individual patient's
impairments, functional limitations, or disability;
2)
The data sought to be gathered by such tests is relevant to the patient's impairments,
functional limitations, and disability, and will provide sufficient information to assist in the
development of appropriate interventions, objectives and goals;
3)
The appropriate documentation of the analysis of the data acquired from the testing,
relevant to the patient impairment, functional limitation and/or disability, is recorded in
the patient's record; and
4)
Any repeat or subsequent testing shall be for the purpose of substantiating the
effectiveness of the physical therapy intervention. Testing intervals shall be determined
by the licensed physical therapist and shall be consistent with the patient's diagnosis,
disability and impairment.
d) A licensed physical therapist shall not bill a patient or third party for diagnostic testing that
lacks demonstrated medical value and a level of general acceptance by the relevant provider
community and which fails to provide sufficient clinical data to alter the plan of care.
e) The following acts and practices shall be among those deemed to be outside the scope of
physical therapy and upon proof that a licensee is engaging in such conduct he or she may
be subject to disciplinary action:
1)
The conducting of a breast examination;
2)
The conducting of a pelvic internal examination, except internal evaluation of the pelvic
floor musculature;
3)
The taking of radiological studies; or
4)
The representation of physical therapy treatment to be a cure or remedy for disease or
organic condition unrelated to physical disability for which physical therapy services have
been sought.
13:39A-2.2A WOUND DEBRIDEMENT
a) A licensed physical therapist shall perform wound debridement only after communicating
with the patient’s licensed physician or licensed podiatric physician.
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b) A licensed physical therapist shall maintain documentation of the communication required by
(a) above as part of his or her patient records.
13:39A-2.3 AUTHORIZED ROLE OF A LICENSED PHYSICAL THERAPIST
ASSISTANT
a) A licensed physical therapist assistant may initiate physical therapy treatment only at the
direction of and under the direct or general supervision of a licensed physical therapist. A
licensed physical therapist assistant shall not initiate physical therapy treatment upon the
direction of a physician or other authorized health care provider without the direct or general
supervision of a licensed physical therapist.
b) A licensed physical therapist assistant shall document treatments in the patient record. The
supervising licensed physical therapist shall review and cosign contemporaneously the
licensed physical therapist assistant's entries into the patient record.
c) The licensed physical therapist assistant may participate in collecting data for the
examination of the patient; however, any interpretation of the data or assessment shall be
made by the supervising licensed physical therapist.
d) A licensed physical therapist assistant shall not perform a physical therapy examination,
evaluation, diagnosis or prognosis, develop a plan of care, modify a plan of care, or
independently engage in physical therapy instruction.
13:39A-2.4 DELEGATION BY A LICENSED PHYSICAL THERAPIST TO UNLICENSED
PERSONS
a) Licensed physical therapists may delegate the following to unlicensed persons:
1)
Routine tasks relating to:
i) The cleanliness and maintenance of equipment and the physical plant; and
ii) The management of the business aspects of the practice, including scheduling
appointments and filling out insurance forms; and
2)
Such other assignments with respect to patient care as may be specifically made by the
licensed physical therapist, including:
i) Transporting the patient;
ii) Positioning of the patient; and
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iii) Assisting with the undressing and dressing of the patient.
b) A licensed physical therapist shall not authorize or permit an unlicensed person to engage in
the following activities:
1)
Advise, teach, or instruct patients concerning their condition or disability;
2)
Carry out testing or evaluation procedures;
3)
Make any notations in documents regarding patient care or clinical treatment, which is
not permitted by (a) above;
4)
Place or remove electrodes of any kind on the skin;
5)
Administer, apply, or remove any modalities;
6)
Instruct, perform, oversee, or supervise therapeutic exercise(s) and/ or therapeutic
activity(s); and
7)
Provide therapeutic massage.
13:39A-2.5 REFERRAL OF PATIENTS AND CONSULTATION STANDARDS FOR
LICENSED PHYSICAL THERAPISTS
a) A licensed physical therapist shall refer a patient to a health care professional licensed to
practice dentistry, podiatry or medicine and surgery in this State, or other appropriate
licensed health care professional:
1)
When the licensed physical therapist during the examination, evaluation or intervention
has reason to believe that physical therapy is contraindicated or symptoms or conditions
are present that require services outside the scope of practice of the licensed physical
therapist; or
2)
When the patient has failed to demonstrate reasonable progress within 30 days of the
date of the initial treatment.
b) Not more than 30 days from the date of initial treatment of functional limitation or pain, a
licensed physical therapist shall inform the patient's licensed health care professional of
record regarding the patient's plan of care. In the event there is no identified licensed health
care professional of record, the licensed physical therapist shall recommend that the patient
consult with a licensed health care professional of the patient's choice. In a school setting,
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the schedule of physical therapy services shall be reported to the child study team by the
licensed physical therapist within 30 days of the date of initial treatment.
c) A violation of this section shall be deemed professional misconduct pursuant to N.J.A.C.
13:39A-3.8.
13:39A-2.6 PRACTICE PURSUANT TO PHYSICAL THERAPY LICENSURE COMPACT
(COMPACT)
a) Pursuant to N.J.S.A. 45:9-37.34.h, a physical therapist or physical therapist assistant
working in New Jersey based solely on Compact privilege, as opposed to licensure in this
State, shall comply with all of the rules in this chapter, except N.J.A.C. 13:39A-5, 5A, and 9.
b) Notwithstanding (a) above, a physical therapist or physical therapist assistant with Compact
privilege to practice in New Jersey shall successfully pass the State jurisprudence
examination required pursuant to N.J.A.C. 13:39A-5.3, prior to commencing practice in New
Jersey.
c) Prior to commencing practice in New Jersey, a physical therapist or physical therapist
assistant with Compact privilege to practice in New Jersey shall pay the Compact privilege
fee pursuant to N.J.A.C. 13:39A-1.3(a)13.
SUBCHAPTER 3.
BUSINESS PRACTICES; PROFESSIONAL CONDUCT
13:39A-3.1 PATIENT RECORDS
a) A licensed physical therapist shall prepare and maintain for each patient a
contemporaneous, permanent patient record that accurately reflects the patient contact with
the licensed physical therapist whether in an office, hospital or other treatment, evaluation or
consultation setting.
b) A licensed physical therapist shall not falsify a patient's record.
c) The patient record shall include, in addition to personal identifying information, consents, and
disclosures, at least the following information:
1)
The full name, as it appears on the license, of the licensee who rendered care,
identification of licensure designation (PT or PTA), and license number. This information
shall be legible and shall appear at least once on each page of the patient record, except
as set forth at N.J.A.C. 13:39A-3.2(e);
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2)
Dates of all examinations, evaluations, physical therapy diagnoses, prognoses including
the established plans of care, and interventions;
3)
The findings of the examination including test results;
4)
The conclusion of the evaluation;
5)
The determination of the physical therapy diagnosis and prognosis;
6)
Documentation of health care practitioner referrals, if any;
7)
A plan of care establishing measurable goals of the intervention with stated time frames,
the type of intervention, and the frequency and expected duration of intervention;
8)
A note contemporaneous with each session, with the license number and signature or
initials of the licensee who rendered care, that accurately represents the services
rendered during the treatment sessions including, but not limited to, the components of
intervention, the patient's response to intervention and current status. If the licensee
chooses to sign by means of initials, his or her complete signature and license number
shall appear at least once on every page;
9)
Home exercise programs, if provided to the patient;
10)
Progress notes in accordance with stated goals at a frequency consistent with physical
therapy diagnosis, evaluative findings, prognosis and changes in the patient's conditions;
11)
Changes in the plan of care which shall be documented contemporaneously;
12)
Communication with other health professionals relative to the patient's care;
13)
A discharge summary which includes the reason for discharge from and outcome of
physical therapy intervention relative to established goals at the time of discharge; and
14)
Pertinent legal document(s).
d) When a licensed physical therapist provides training in techniques for the prevention of
injury, impairment, movement-related functional limitation or dysfunction that is not
specifically designed for an individual, the licensed physical therapist shall not be required to
maintain records that comply with (c) above. A licensed physical therapist that provides such
training shall maintain records that include:
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1)
The name and license number of the licensed physical therapist who provided the
training;
2)
The date the training was provided;
3)
A summarization of the information that was provided; and
4)
Copies of any handouts provided.
e) Patient records shall be maintained for at least seven years from the date of the last entry,
unless another agency or entity requires the records to be kept for a longer time.
13:39A-3.2 USE OF PERSONAL OR OTHER COMPUTER TO PREPARE PATIENT
RECORDS
a) A licensee who prepares a patient record maintained solely on a personal or other computer
shall use a write-protected program which:
1)
Contains an internal permanently activated date and time recordation for all entries;
2)
Automatically prepares a back-up copy of the file; and
3)
Is designed in such manner that, after the licensee "signs" by means of a confidential
personal code ("CPC"), the entry cannot be changed in any manner.
b) The licensee shall include in the patient record at least two forms of identification; for
example, name and record number of the patient or any other specific identifying
information.
c) The licensee shall finalize or "sign" the entry by means of a CPC. Where more than one
individual is authorized to make entries into the computer file of any patient record, the
licensee responsible for the entity shall assure that each such person obtains a CPC and
uses the program in the same manner.
d) The licensee shall generate a hard copy of the complete patient record, or a portion thereof,
upon request.
e) Notwithstanding N.J.A.C. 13:39A-3.1(c)1, a licensee who maintains a patient record solely
on a personal or other computer shall not be required to include his or her name and license
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number on every page of a patient record; however, the name and license number shall
appear at least once on the patient record.
f) A licensee who generates a hard copy of a patient record pursuant to (d) above shall ensure
that the hard copy is paginated with each page being a specified number of the total number
of pages in the record.
13:39A-3.3 RELEASE OF PATIENT RECORD
a) A licensed physical therapist shall provide one copy of the patient's record of physical
therapy treatment within 15 days of a written request by the patient or any person whom the
patient has designated to receive that record.
b) Licensed physical therapists may require a record request to be in writing and may charge a
fee for the reproduction of records, which shall be no greater than $1.00 per page or $100.00
for the entire record, whichever is less. (If the record requested is less than 10 pages, the
licensee may charge up to $10.00 to cover postage and the miscellaneous costs associated
with retrieval of the record.) If the patient requests a summary in lieu of the actual record, the
charge for the summary shall not exceed the cost that would be charged for the actual
record.
c) If the patient or a subsequent treating health care professional is unable to read the
treatment record, either because it is illegible or prepared in a language other than English,
the licensed physical therapist shall provide a transcription at no cost to the patient or the
person requesting the record.
d) Where the patient has requested the release of a professional treatment record or a portion
thereof to a specified individual or entity, in order to protect the confidentiality of the records,
the licensed physical therapist shall:
1)
Secure and maintain a current written authorization, bearing the signature of the patient
or an authorized representative;
2)
Assure that the scope of the release is consistent with the request; and
3)
Forward the records to the attention of the specific individual or entity identified and mark
the material "Confidential."
e) A licensed physical therapist shall not withhold or delay providing a record because the
patient failed to pay for services rendered.
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13:39A-3.4 FINANCIAL ARRANGEMENTS WITH CLIENTS AND THIRD PARTY
PAY ORS
a) Fees for physical therapy services shall be reasonable and commensurate with fees of
licensed physical therapists offering like services or intervention in the geographic area and
shall be in accordance with the provisions of N.J.A.C. 13:39A-3.6 prohibiting excessive fees.
b) Prior to the initiation of physical therapy, the licensed physical therapist or the licensed
physical therapist's designee shall, in an understandable manner, provide, in writing, the
financial arrangements prior to initiation of treatment. The licensed physical therapist or
licensed physical therapist's designee shall have the patient sign a copy of the written
financial arrangements and maintain the signed copy as part of the patient's record. The
information provided to the patient shall include, but not be limited to:
1)
The fee for services or the basis for determining the fee to be charged;
2)
Whether the licensee will accept installment payments or assignment of benefits from a
third party payor;
3)
That insurance coverage may not be available in all circumstances; and
4)
The financial consequences, if any, of missed sessions.
c) A licensed physical therapist shall not require a patient or a third party payor to pay:
1)
A fee for preparing an insurance claim form;
2)
Interest on an unpaid account unless the patient has been notified of this policy, in
writing, prior to the initiation of physical therapy treatment;
3)
A full or partial fee for unkept appointments unless the patient has been notified of this
policy, in writing, prior to the initiation of physical therapy treatment;
4)
A fee for any physical therapy examination, evaluation, intervention or other services not
documented in a patient's permanent record in a manner consistent with N.J.A.C.
13:39A-3.1(a); or
5)
A fee for any free services offered pursuant to N.J.A.C. 13:39A-7.2.
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d) A licensed physical therapist shall provide a copy of a written fee schedule to any interested
person upon request.
e) A licensed physical therapist shall include on all bills submitted to a patient or third party
payor the licensee's license number.
13:39A-3.5 DISPLAY OF NOTICE OF LICENSURE; NOTIFICATION OF AVAILABILITY
OF FEE INFORMATION
a) Every licensee shall conspicuously display the following notices in a public area in all offices
and health care facilities at which the licensee practices physical therapy:
1)
"Physical therapists and physical therapist assistants are licensed by the State Board of
Physical Therapy Examiners, an agency of the Division of Consumer Affairs. Any
member of the public may notify the Board of any complaint relative to the practice
conducted by a physical therapist or physical therapist assistant. The Board address is:
Division of Consumer Affairs, State Board of Physical Therapy Examiners, Post Office
Box 45014, 124 Halsey Street, Newark, New Jersey 07101, Tel: (973) 504-6455."
2)
"INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU ON REQUEST."
b) In addition to the requirements of (a) above, a licensee shall conspicuously display the
following notice in a public area in all offices and health care facilities at which the licensee
practices physical therapy: “A physical therapist or a physical therapist assistant is required
to show a patient his or her license upon request.”
c) A licensee shall either:
1)
Maintain his or her original or duplicate biennial registration in all offices and health care
facilities at which the licensee practices physical therapy; or
2)
Have his or her original or duplicate biennial registration in his or her possession while
providing physical therapy services.
d) A licensee shall provide his or her name, professional designation, and license number to
any patient upon request.
13:39A-3.6 PROHIBITION ON EXCESSIVE FEES; OVERUTILIZATION
a) A licensee shall not charge an excessive fee for services. A price is excessive when, after
review of the facts, a licensee of ordinary prudence would be left with a definite and firm
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conviction that the price is so high as to be manifestly unconscionable or overreaching under
the circumstances.
b) Factors which may be considered in determining whether a price is excessive include, but
are not limited to, the following:
1)
The time and effort required;
2)
The novelty and difficulty of the professional intervention;
3)
The skill required to perform the intervention properly;
4)
Any requirements or conditions imposed by the patient or by the circumstances;
5)
The nature and length of the professional relationship with the patient;
6)
The nature and circumstances under which the services were provided (for example,
emergency, home visit).
c) A licensed physical therapist shall not provide intervention or conduct testing which in light of
the patient's history and findings are unwarranted and unnecessary.
d) A licensed physical therapist shall not charge a fee to a patient or a third party payor for an
intervention or other physical therapy which is unwarranted and unnecessary.
e) Charging an excessive fee shall constitute professional misconduct within the meaning of
N.J.S.A. 45:1-21(e) and may subject the licensee to disciplinary action.
13:39A-3.7 NOTIFICATION OF CHANGE OF ADDRESS; SERVICE OF PROCESS
a) All licensees shall notify the Board, in writing, within 30 days of any change in the address
on file with the Board and shall specify whether the address is a residence or employment
address.
b) Service of an administrative complaint or other process initiated by the Board, the Attorney
General or the Division of Consumer Affairs at the address on file with the Board shall be
deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.
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c) All licensees shall, within 30 days of receiving a notice of disciplinary action taken against
the licensee in another jurisdiction, report to the Board in writing his or her receipt of such
notification.
13:39A-3.8 VIOLATIVE ACTS; PROFESSIONAL MISCONDUCT
a) The following acts or practices shall be among those deemed to be violative of N.J.S.A.
45:9-37.11 et seq. and to constitute professional misconduct pursuant to N.J.S.A. 45:1-21.e:
1)
Accepting, or agreeing to accept, from any person, firm or corporation any fee,
commission, rebate, gift or other form of remuneration for prescribing, ordering or
promoting the sale of a device, appliance or other item or service; except that nothing in
this section shall preclude a licensed physical therapist from accepting a product or
commodity which can be used as a sample by patients, provided that the licensed
physical therapist does not charge the patient for such items;
2)
Charging any patient a fee for making a referral to a physician or other health care
professional authorized to direct the initiation of physical therapy, for the purpose of
obtaining clearance for physical therapy. Nothing in this section shall preclude a licensed
physical therapist from charging a patient for a physical therapy examination and
evaluation conducted prior to referral;
3)
Using, or permitting the use of, his or her professional education degree, title, or license
in connection with the rendition of services which are outside the scope of physical
therapy practice;
4)
Representing services as therapeutic, or permitting the representation of services as
therapeutic, when, although the services are within the licensee's scope of practice, no
therapeutic outcome is expected;
5)
Rendering an intervention when, in the exercise of his or her professional judgment, the
licensed physical therapist may deem such intervention to be unnecessary. When
appropriate, the licensed physical therapist shall notify the referring professional in
writing that the intervention is to be terminated and the reason(s) for such termination;
6)
Aiding or abetting the unlicensed practice of physical therapy;
7)
Falsifying or altering any patient records for the purpose of obtaining payment for
services which were not rendered;
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8)
Authorizing the submission of any bill for professional services which were not rendered,
or which were rendered only for the purpose of obtaining additional reimbursement;
9)
Failure by a licensed physical therapist to assure that any bills for services rendered
under his or her professional license accurately represents the services rendered and
that charges submitted for services rendered by a licensed physical therapist or licensed
physical therapist assistant are based solely upon the services reflected in the patient
record;
10)
Failure to produce a hard copy of a complete patient record upon request; or
11)
Failure to refer a patient to another licensed health care professional as required by
N.J.A.C. 13:39A-2.5.
13:39A-3.9 IDENTIFICATI ON OF LICENSEES
All licensees shall conspicuously wear a name tag using the term "physical therapist" or
"physical therapist assistant," as appropriate, whenever acting in that capacity. The letters on
the tag shall be at least one-quarter inch in size.
13:39A-3.10 SEXUAL MISCONDUCT
a) The purpose of this section is to identify for licensees of the State Board of Physical Therapy
Examiners conduct which shall be deemed sexual misconduct.
b) As used in this section, the following terms have the following meanings unless the context
clearly indicates otherwise:
"Licensee" means any person licensed to engage in practice as a physical therapist or
physical therapist assistant as regulated by the State Board of Physical Therapy Examiners.
"Patient" means any person who is the recipient of physical therapy examination,
evaluation, instruction or treatment rendered by a licensee.
"Patient-therapist relationship" means a relationship between a licensed physical
therapist or a licensed physical therapist assistant and a patient wherein the licensee owes a
continuing duty to the patient to render physical therapy services consistent with his or her
training and experience.
"Sexual contact" means the knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be construed by a
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reasonable person to be motivated by the licensee's own prurient interest or for sexual
arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a
part of the licensee's body upon a part of the patient's body, sexual penetration, or the
insertion or imposition of any object or any part of a licensee or patient's body into or near
the genital, anal or other opening of the other person's body. "Sexual contact" does not
include the touching of a patient's body which is necessary during the performance of a
generally accepted and recognized physical therapy procedure.
"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal
or non-verbal conduct that is sexual in nature, and which occurs in connection with a
licensee's activities or role as a provider of physical therapy services, and that either: is
unwelcome, is offensive to a reasonable person, or creates a hostile workplace environment,
and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be
abusive to a reasonable person in that context. "Sexual harassment" may consist of a single
extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a
licensee with a patient, co-worker, employee, student or supervisee whether or not such
individual is in a subordinate position to the licensee.
"Spouse" means the husband, wife or fiancee of the licensee or an individual involved in
a long-term committed relationship with the licensee. For purposes of the definition of
"spouse," a long-term committed relationship means a relationship which is at least six
months in duration.
c) A licensee shall not engage in sexual contact with a patient with whom he or she has a
patient-therapist relationship. The patient-therapist relationship is ongoing for purposes of
this section, unless:
1)
Physical therapy is terminated by way of written notice to the patient and is documented
in the patient record; and
2)
The last physical therapy provided by that licensee was rendered more than three
months ago.
d) A licensee shall not seek or solicit sexual contact with a patient with whom he or she has a
patient-therapist relationship and shall not seek or solicit sexual contact with any person in
exchange for professional services.
e) A licensee shall not engage in any discussion of an intimate sexual nature with a patient,
unless that discussion is directly related to a proper physical therapy purpose. Such
discussion shall not include disclosure by the licensee of his or her own sexual relationships.
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f) A licensee shall provide privacy and examination conditions which prevent the exposure of
the unclothed body of the patient. Appropriate draping measures shall be employed to
protect patient privacy.
g) A licensee shall not engage in sexual harassment either within or outside of the professional
setting.
h) A licensee shall not engage in any other activity which would lead a reasonable person to
believe that the activity serves the licensee's personal prurient interests or which is for the
sexual arousal, or sexual gratification of the licensee or patient or which constitutes an act of
sexual abuse.
i) Violation of any of the prohibitions or directives set forth in (c) through (h) above shall
constitute professional misconduct pursuant to N.J.S.A. 45:1-21 (e).
j) Nothing in this section shall be construed to prevent a licensee from rendering physical
therapy to a spouse, providing that the rendering of such physical therapy is consistent with
accepted standards of physical therapy and that the performance of physical therapy is not
utilized to exploit the patient spouse for the sexual arousal or sexual gratification of the
licensee.
k) It shall not be a defense to any action under this section that:
1)
The patient solicited or consented to sexual contact with the licensee; or
2)
The licensee is in love with or held affection for the patient.
SUBCHAPTER 4.
UNLICENSED PRACTICE
13:39A-4.1 ACTS AMOUNTING TO UNLICENSED PRACTICE
a) For the purpose of the Board's construction of N.J.S.A. 45:9-37.10, the following acts or
practices shall be deemed to be the unlicensed practice of physical therapy:
1)
Offering physical therapy examination, evaluation, instruction or intervention by means of
advertisement or solicitation by any person who does not hold a license as a physical
therapist, a physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D. (to the
extent authorized by N.J.S.A. 45:5-7), even if that person has been instructed or directed
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to offer that treatment or render that treatment by a licensed physical therapist, licensed
physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D.;
2)
The use of the words physical therapy, physical therapist, physiotherapy, physiotherapist
or such similar words or their related abbreviations in connection with the offering of
physical therapy agents, measures and services which are utilized in the rendition of
physical therapy intervention by any person who does not hold a license as a physical
therapist, a physical therapist assistant, an M.D., D.O., D.P.M., D.D.S. or D.M.D. even if
that person has been instructed or directed to use such terminology by a licensed
physical therapist, licensed physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or
D.M.D.;
3)
Billing any patient or third party payor for "physical therapy" or "physiotherapy" in
connection with the use of physical therapy agents, measures or services, if the
individual who personally rendered the services does not hold a license to practice
physical therapy, medicine, surgery, dentistry or podiatry; or
4)
Offering physical therapy agents, measures or services by means of advertisement or
solicitation by a limited licensee of the Board of Medical Examiners unless the context of
such offering or advertisement reveals that such services are directly related to the
practice authorized by the Board of Medical Examiners and the wording of the offering
would not lead members of the general public to assume that the advertiser is authorized
to practice physical therapy or physiotherapy without limitation.
13:39A-4.2 AIDING AND ABETTING UNLICENSED PRACTICE
It shall be unlawful for a licensee to aid or assist any unlicensed person engaging in any of
the practices identified at N.J.A.C. 13:39A-4.1.
13:39A-4.3 LICENSE REQUIREMENTS AND EXEMPTIONS
a) No person shall practice physical therapy or act as a physical therapist or physical therapist
assistant, unless the person holds a license from the Board or is exempt from licensing
requirements pursuant to (b) below.
b) A person shall be exempt from the licensure requirement of (a) above, if he or she is:
1)
A student enrolled in a school or post-graduate course of physical therapy or in a course
of study for training as a physical therapist assistant that is approved or recognized by
the Board and is performing physical therapy or acting as a physical therapist assistant
as part of his or her course of study or as part of a pro bono community-based service
project under the supervision of a physical therapist licensed by the Board;
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2)
Licensed to practice in New Jersey and is engaging in the practice for which he or she is
licensed and he or she does not represent himself or herself as a physical therapist or
physical therapist assistant;
3)
Employed by an agency, bureau, or division of the Federal government and is practicing
physical therapy within the scope of his or her official duties;
4)
Licensed as a physical therapist in another jurisdiction of the United States or
credentialed to practice physical therapy in another country and he or she is teaching,
demonstrating, or providing physical therapy services in connection with teaching or
participating in an educational seminar for no more than 30 days in a calendar year, or
he or she is licensed or certified as a physical therapist assistant in a jurisdiction of the
United States and is assisting such a physical therapist;
5)
Licensed as a physical therapist in a jurisdiction of the United States or credentialed in
another country and he or she, by contract or employment, is providing physical therapy
to patients affiliated with, or employed by, established athletic teams, athletic
organizations, or performing arts companies temporarily practicing, competing, or
performing in the State for no more than 30 days in a calendar year, or he or she is
licensed or certified as a physical therapist assistant in a jurisdiction of the United States
and is assisting such a physical therapist;
6)
Licensed as a physical therapist in another jurisdiction of the United States and he or she
is providing physical therapy in New Jersey during a declared local, State, or national
disaster or emergency, for no longer than 30 days following the declaration of the
emergency, and he or she has notified the Board of his or her intent to practice, or he or
she is licensed or certified as a physical therapist assistant in a jurisdiction of the United
States and is assisting such a physical therapist;
7)
Licensed as a physical therapist in another jurisdiction of the United States and is forced
to leave his or her residence or place of employment due to a declared local, State, or
national disaster or emergency and, due to such displacement, he or she seeks to
practice physical therapy, for no more than 30 days following the declaration of the
emergency, and he or she has notified the Board of his or her intent to practice; or
8)
Licensed to practice medicine and surgery in New Jersey and is rendering a utilization
management decision that limits, restricts, or curtails a course of physical therapy care.
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SUBCHAPTER 5.
CREDENTIALING OF APPLICANTS
13:39A-5.1 LICENSING REQUIREMENTS FOR A PHYSICAL THERAPIST
a) To be eligible for licensure as a physical therapist in New Jersey, an applicant shall:
1)
Be at least 18 years of age;
2)
Be of good moral character;
3)
Have completed a program in physical therapy from an accredited college or university
physical therapy program approved for the education and training of physical therapists
by an accrediting agency recognized by the United States Department of Education,
Office of Postsecondary Education;
4)
Possess a minimum of a master's degree in physical therapy from an accredited college
or university except for an applicant who prior to January 1, 2003, graduated from an
accredited physical therapy program and possessed a minimum of a bachelor's degree in
physical therapy or a bachelor's degree and a certificate in physical therapy from an
accredited college or university;
5)
Have completed all clinical education requirements necessary for graduation from a
physical therapy program approved for the education and training of physical therapists
by an accrediting agency recognized by the United States Department of Education,
Office of Postsecondary Education; and
6)
Have successfully completed the written examination as set forth in N.J.A.C. 13:39A-5.3.
b) In addition to meeting the requirements of (a)1 and 2 above, an applicant for licensure who
is a graduate of a foreign school of physical therapy shall:
1)
Furnish evidence to the Board that the applicant has completed a course of study in
physical therapy which is substantially equivalent to that provided in a physical therapy
program approved for the education and training of physical therapists by an accrediting
agency recognized by the Council on Post Secondary Accreditation and the United
States Department of Education;
2)
Be a graduate of a college or university which is recognized by that country's Ministry of
Education/Health for the education of physical therapists;
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3)
Pass a test of English competency as set forth in N.J.A.C. 13:39A-5.7; and
4)
Successfully complete a written examination as set forth in N.J.A.C. 13:39A-5.3.
c) Proof of eligibility for licensure in the foreign country where the requisite education was
obtained shall be submitted to the Board by the credentialing agency on behalf of all foreign
educated applicants seeking licensure in this State.
13:39A-5.2 LICENSING REQUIREMENTS FOR A PHYSICAL THERAPIST
ASSISTANT
a) To be eligible for licensure as a physical therapist assistant in New Jersey an applicant shall:
1)
Be at least 18 years of age;
2)
Be of good moral character;
3)
Have completed at least an Associate in Arts degree from an accredited college or
university;
4)
Have completed a two-year physical therapist assistant program from an accredited
college or university approved for the education and training of physical therapist
assistants by an accrediting agency recognized by the United States Department of
Education, Office of Postsecondary Education;
5)
Have completed all clinical education requirements necessary for graduation from a
physical therapist assistant program approved for the education and training of physical
therapist assistants by an accrediting agency recognized by the United States
Department of Education, Office of Postsecondary Education; and
6)
Have successfully completed the written examination as set forth in N.J.A.C. 13:39A-5.3.
13:39A-5.2A ABANDONMENT OF APPLICATION FOR LICENSURE
a) An application for a license submitted to the Board will be deemed abandoned if:
1)
The individual applying for the license has not submitted to the Board all the information
and documentation required to obtain a license pursuant to N.J.A.C. 13:39A-5.1, 5.2, or
5.5; and
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2)
One year has elapsed since the last notice to the applicant was sent by the Board
informing him or her that the Board had not received all of the information and
documentation required for licensure.
b) If an application for licensure is deemed abandoned pursuant to (a) above, the Board shall
administratively close the application without notice to the applicant and shall dispose of any
information or documentation submitted by the applicant pursuant to the Division of
Consumer Affairs' record retention plan.
c) An individual whose application for licensure has been administratively closed by the Board
pursuant to (a) above may reapply for licensure pursuant to N.J.A.C. 13:39A-5.1, 5.2, or 5.5.
13:39A-5.3 EXAMINATION STANDARDS FOR APPLICANTS FOR LICENSURE AS
PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS
a) Applicants for licensure as physical therapists and physical therapist assistants submitting
satisfactory proof of educational credentials as set forth in N.J.A.C. 13:39A-5.1 and 5.2,
respectively, shall be approved to take the National Physical Therapy Examination for
Physical Therapists or for Physical Therapist Assistants administered by the Federation of
State Boards of Physical Therapy and the State jurisprudence examination.
b) Upon satisfactory passage of the National Physical Therapy Examination for Physical
Therapists or for Physical Therapist Assistants and the State jurisprudence examination, an
applicant shall be deemed eligible for licensure provided the applicant meets all other
requirements for licensure.
c) Passing examination scores shall be as follows:
1)
National Physical Therapy Examination for Physical Therapists or for Physical Therapist
Assistants: 600 based on a scale of 200 to 800.
2)
State jurisprudence examination: 80.
d) An applicant who does not pass the National Physical Therapy Examination for Physical
Therapists or for Physical Therapist Assistants within two years from the date of taking the
initial examination shall update his or her application for licensure filed with the Board.
13:39A-5.4 (RESERVED)
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13:39A-5.5 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 Board shall issue a license 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 Board 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 Board standards;
2)
The applicant has been practicing as a licensed physical therapist or licensed physical
therapist assistant for a period of at least one year within the five years prior to the date
of application; and
3)
The requirements of (b) below are satisfied.
b) Prior to the issuance of the license, the Board shall have received:
1)
Documentation that the applicant's license in the other state 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 does not disclose a conviction for a
disqualifying crime; and
3)
Designation of an agent in New Jersey for service of process if the applicant is not a New
Jersey resident and does not have an office in New Jersey.
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 physical 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 physical therapy; and
4)
All fines levied by any out-of-State board have been paid.
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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) The Board, after the licensed physical therapist or licensed physical therapist assistant 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.
f) An applicant shall successfully complete the online jurisprudence assessment module.
g) The Board 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 does not demonstrate a serious inability to practice physical
therapy, adversely affect the public health, safety, or welfare, or result in economic or
physical harm to a person, or create a significant threat of such harm.
13:39A-5.6 RECOGNITION OF SCORES ON STANDARDIZED EXAMINATIONS
ADMINISTERED IN OTHER STATES
The Board will recognize standardized examination scores obtained as a result of an
examination administered in another state or jurisdiction in satisfaction of its examination
requirement provided that the applicant has obtained a score of at least 600 on a scale of 200 to
800 and has passed all portions of the examination at the same sitting.
13:39A-5.7 LANGUAGE COMPREHENSION REQUIREMENTS
a) An applicant for licensure as a physical therapist or a physical therapist assistant who has
received his or her physical therapy training in a country other than the United States of
America, the United Kingdom, the Republic of Ireland, Canada except Quebec Province,
Australia, or New Zealand shall submit to the Board evidence of attainment of a passing
score on the Test of English as a Foreign Language (TOEFL) examination or Test of English
as a Foreign Language Internet Based Test (TOEFL IBT) examination, which test shall have
been taken within the two years immediately preceding the filing of the application for
licensure in New Jersey.
b) A passing score on the TOEFL examination shall be the same as that established by the
Federation of State Boards of Physical Therapy.
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c) The TOEFL examination score shall be submitted with the application for licensure.
13:39A-5.8 RE-EXAMINATION OF APPLICANTS FOR LICENSURE AS PHYSICAL
THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS
An examinee who fails the examination on the first attempt, may retake the examination
without filing another application, provided the examinee is rescheduled for the examination
within two years of the initial date of application. If any examinee fails the examination on the
second attempt, in the Board's discretion, the examinee may be required to re-submit an
application before being rescheduled for another examination.
13:39A-5.9 NON-APPEARANCE AT EXAMINATION
Failure to appear at any scheduled examination shall be deemed a failure of the examination
unless, in the Board's discretion, good cause such as health, accident, disability or military
service has been shown for the applicant's failure to appear.
13:39A-5.10 CREDIT TOWARDS LICENSURE FOR EDUCATION, TRAINING, AND
EXPERIENCE RECEIVED WHILE SERVING AS A MEMBER OF THE ARMED
FORCES
a) An applicant for a license as a physical therapist assistant who has served in the Armed
Forces of the United States (Armed Forces) and who does not meet all of the training,
education, and experience requirements for licensure under N.J.A.C. 13:39A-5.2 may apply
to the Board for recognition of the applicant's training, education, or experience received
while serving as a member of the Armed Forces, which the Board shall consider, together
with any training, education, and experience obtained outside of the Armed Forces, for
determining substantial equivalence to the training, education, and experience required for
licensure.
b) The Board shall issue a physical therapist assistant license to the applicant, if the applicant
presents evidence to the Board that:
1)
The applicant has been honorably discharged from active military service;
2)
The relevant training, education, and experience the applicant received in the military,
together with any training, education, and experience obtained outside of the Armed
Forces, is substantially equivalent in scope and character to the training, education, and
experience required for licensure under N.J.A.C. 13:39A-5.2.
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i) An applicant seeking credit for military training and experience shall submit to the
Board the applicant's Verification of Military Experience and Training (VMET)
Document, DD Form 2586.
ii) An applicant seeking credit for education courses and/or training completed while in
the military shall submit to the Board a Joint Services Transcript of his or her
education/training for a determination that the education courses and/or training
completed are substantially equivalent in level, scope, and intent to the program
required for licensure or certification under N.J.A.C. 13:39A-5.2. For the purpose of
determining substantial equivalence of the applicant's military education and/or
training, the Board shall consider only those education courses and/or training
relevant to the physical therapist assistant practice that have been evaluated by the
American Council on Education for substantial equivalence to civilian physical
therapy education; and
3)
The applicant complies with all other requirements for licensure, including successful
completion of the National Physical Therapy Examination for Physical Therapists and
Physical Therapist Assistants and the State jurisprudence examination.
c) It is the applicant's responsibility to provide timely and complete evidence of the training,
education, and experience gained in the military for review and consideration.
d) If the applicant's military training, education, and experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure as a physical therapist
assistant, the Board shall credit whatever portion of the military training, education, and
experience that is substantially equivalent towards meeting the requirements under N.J.A.C.
13:39A-5.2 for the issuance of the physical therapist assistant license.
e) Satisfactory evidence of such training, education, and experience will be assessed on a
case-by-case basis.
SUBCHAPTER 5A.
LICENSE RENEWAL
13:39A-5A.1 BIENNIAL LICENSE RENEWAL; INACTIVE STATUS
a) The Board shall send a notice of renewal to each licensed physical therapist or licensed
physical therapist assistant at least 60 days prior to the expiration of the license. The notice
of renewal shall explain inactive renewal and advise the licensed physical therapist or
licensed physical therapist assistant of the option to renew as inactive. If the notice to renew
is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to
the holder for failure to renew, provided that the license is renewed within 60 days from the
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date the notice is sent or within 30 days following the date of license expiration, whichever is
later.
b) A licensed physical therapist or licensed physical therapist assistant shall renew his or her
license for a period of two years from the last expiration date. The licensed physical therapist
or licensed physical therapist assistant shall submit a renewal application to the Board, along
with the renewal fee set forth at N.J.A.C. 13:39A-1.3, prior to the date of license expiration.
c) A licensed physical therapist or licensed physical therapist assistant may renew his or her
license by choosing inactive status. A licensed physical therapist or licensed physical
therapist assistant electing to renew as inactive shall not engage in the practice of physical
therapy, or hold himself or herself out as eligible to engage in the practice of physical
therapy in New Jersey, until such time as the license is returned to active status.
d) If a licensed physical therapist or licensed physical therapist assistant does not renew the
license prior to its expiration date, the licensed physical therapist or licensed physical
therapist assistant may renew the license within 30 days of its expiration by submitting a
renewal application, a renewal fee, and a late fee as set forth at N.J.A.C. 13:39A-1.3. During
this 30-day period, the license shall be valid and the licensed physical therapist or licensed
physical therapist assistant shall not be deemed practicing without a license.
e) A licensed physical therapist or licensed physical therapist assistant who fails to submit a
renewal application within 30 days of license expiration shall have his or her license
suspended without a hearing.
f) A licensed physical therapist or licensed physical therapist assistant who continues to
engage in the practice of physical therapy with a suspended license shall be deemed to be
engaging in the unlicensed practice of physical therapy and shall be subject to action
consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided
to the individual.
13:39A-5A.2 LICENSE REACTIVATION
a) A licensed physical therapist or licensed physical therapist assistant who holds an inactive
license pursuant to N.J.A.C. 13:39A-5A.1(c) may apply to the Board for reactivation of an
inactive license. A licensed physical therapist or licensed physical therapist assistant seeking
reactivation of an inactive license shall submit:
1)
A renewal application;
2)
A certification of employment listing each job held during the period the license was
inactive that includes the name, address, and telephone number of each employer;
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3)
The renewal fee for the biennial period for which reactivation is sought as set forth at
N.J.A.C. 13:39A-1.3; and
4)
Evidence of having completed all continuing education credits for the current biennial
registration period, consistent with the requirements set forth at N.J.A.C. 13:39A-9.2.
b) An applicant who holds a valid, current license in good standing issued by another state to
engage in the practice of physical therapy and submits proof of having satisfied that state's
continuing education requirements, shall be deemed to have satisfied the requirements of
(a)4 above. If the other state does not have any continuing education requirements, the
requirements of (a)4 above shall apply.
c) To the extent that specific courses are required to satisfy the continuing education
requirement for, or are required to have been satisfied prior to, the biennial period for which
reactivation is sought, the Board will allow applicants to take the courses within 12 months
following reactivation.
d) If a Board review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reactivation, the Board may require the
applicant to submit to, and successfully pass, an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Board prior to reactivation of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Board may require the applicant, as a condition of reactivation of licensure, to take, and
successfully complete, education or training, or to submit to supervision, monitoring, or
limitations, as the Board determines necessary to assure that the applicant practices with
reasonable skill and safety. The Board may restore the license subject to the applicant's
completion of training within a period of time prescribed by the Board following the
restoration of the license. In making its determination whether there are practice deficiencies
requiring remediation, the Board may consider the following:
1)
Length of time license was inactive;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant's license by any
professional or occupational board;
5)
Actions affecting the applicant's privileges taken by any institution, organization, or
employer related to the practice of physical therapy or other professional or occupational
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practice in New Jersey, any other state, the District of Columbia, or in any other
jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensed physical therapist or licensed physical therapist assistant by a professional or
occupational board in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction; and
7)
Civil litigation related to the practice of physical therapy or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction.
13:39A-5A.3 REINSTATEMENT OF SUSPENDED LICENSE
a) A licensed physical therapist or licensed physical therapist assistant who has had his or her
license suspended pursuant to N.J.A.C. 13:39A-5A.1(e) may apply to the Board for
reinstatement. A licensed physical therapist or licensed physical therapist assistant applying
for reinstatement shall submit:
1)
A reinstatement application;
2)
A certification of employment listing each job held during the period of suspended
license that includes the name, address, and telephone number of each employer;
3)
The renewal fee set forth at N.J.A.C. 13:39A-1.3 for the biennial period for which
reinstatement is sought;
4)
The past due renewal fee for the biennial period immediately preceding the renewal
period for which reinstatement is sought;
5)
The reinstatement fee set forth at N.J.A.C. 13:39A-1.3; and
6)
Evidence of having completed all continuing education credits for the current biennial
registration period, consistent with the requirements set forth at N.J.A.C. 13:39A-9.2.
b) An applicant who holds a valid, current license in good standing issued by another state to
engage in the practice of physical therapy and submits proof of having satisfied that state's
continuing education requirements, shall be deemed to have satisfied the requirements of
(a)6 above. If the other state does not have any continuing education requirements, the
requirements of (a)6 above apply.
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c) To the extent that specific courses are required to satisfy the continuing education
requirement for, or are required to have been satisfied prior to, the biennial/triennial period
for which reinstatement is sought, the Board will allow applicants to take the courses within
12 months following reinstatement.
d) If a Board review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reinstatement, the Board may require the
applicant to submit to, and successfully pass, an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Board prior to reinstatement of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Board may require the applicant, as a condition of reinstatement of licensure, to take,
and successfully complete, education or training, or to submit to supervision, monitoring, or
limitations, as the Board determines necessary to assure that the applicant practices with
reasonable skill and safety. The Board may restore the license subject to the applicant's
completion of training within a period of time prescribed by the Board following the
restoration of the license. In making its determination whether there are practice deficiencies
requiring remediation, the Board may consider the following:
1)
Length of time license was suspended;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant's license by any
professional or occupational board;
5)
Actions affecting the applicant's privileges taken by any institution, organization, or
employer related to the practice of physical therapy or other professional or occupational
practice in New Jersey, any other state, the District of Columbia, or in any other
jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensed physical therapist or licensed physical therapist assistant by a professional or
occupational board in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction; and
7)
Civil litigation related to the practice of physical therapy or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction.
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SUBCHAPTER 6.
TEMPORARY LICENSES FOR VISITING PHYSICAL THERAPISTS AND
PHYSICAL THERAPIST ASSISTANTS
13:39A-6.1 TEMPORARY VISITING LICENSED PHYSICAL THERAPISTS AND
TEMPORARY VISITING LICENSED PHYSICAL THERAPIST ASSISTANTS
a) Any person having made application to the Board pursuant to N.J.S.A. 45:9-37.29.b for the
issuance of a temporary license to practice as a physical therapist or physical therapist
assistant in this State on a temporary basis to assist in a medical emergency, in an American
Physical Therapy Association approved residency or fellowship, or to engage in a special
project or teaching assignment relating to the practice of physical therapy, may be issued a
temporary visiting license without examination, which shall remain valid for a period not to
exceed one year, provided that said person can demonstrate to the Board that he or she is
licensed, registered or otherwise authorized to engage in the practice of physical therapy in
another state or jurisdiction and that permitting his or her practice in this State would not be
inconsistent with the public interest.
b) A temporary visiting license, upon its expiration, may be renewed, at the discretion of the
Board, for an additional year. Any holder of a temporary visiting license shall advise the
Board if his or her authority to engage in the practice of physical therapy is revoked,
suspended or otherwise limited by any state, agency or authority.
13:39A-6.2 RESPONSIBILITIES OF A TEMPORARY VISITING LICENSED PHYSICAL
THERAPIST ASSISTANT
a) A temporary visiting licensed physical therapist assistant shall not render care unless the
temporary visiting license holder receives direct supervision from his or her designated
supervising licensed physical therapist.
b) A temporary visiting licensed physical therapist assistant shall obtain the signature of the
supervising licensed physical therapist indicating that the supervising licensed physical
therapist reviewed the plan of care with the temporary visiting licensed physical therapist
assistant and the date when that review took place. The supervising licensed physical
therapist's signature in the patient record shall serve as evidence that the plan of care has
been reviewed with the temporary visiting licensed physical therapist assistant by the
supervising licensed physical therapist.
c) At least once every 30 days after the initial review of a new or revised plan of care with the
supervising licensed physical therapist, the temporary visiting licensed physical therapist
assistant shall document in the patient record that the patient's progress and plan of care
has been reviewed with the supervising licensed physical therapist, including the dates when
those reviews took place. Such documentation may be incorporated into progress notes or
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treatment notes written by the supervising licensed physical therapist and the temporary
visiting licensed physical therapist assistant and does not require separate or additional
notes.
13:39A-6.3 (RESERVED)
13:39A-6.4 (RESERVED)
SUBCHAPTER 7.
SUPERVISION OF LICENSED PHYSICAL THERAPIST ASSISTANTS
13:39A-7.1 SUPERVISION REQUIREMENT; LICENSED PHYSICAL THERAPIST
ASSISTANT
a) A licensed physical therapist assistant shall work only under the direct or general supervision
of a licensed physical therapist pursuant to the provisions of this subchapter.
b) The maximum licensed physical therapist to licensed physical therapist assistant ratio shall
be one licensed physical therapist to two licensed physical therapist assistants at any one
time.
c) The supervising licensed physical therapist shall retain responsibility for the physical therapy
care of the patient being treated by the licensed physical therapist assistant. The licensed
physical therapist assistant shall be responsible for patient care within the limits of his or her
scope of practice.
d) In the event of a change of the supervising licensed physical therapist, the subsequent
supervisor shall assume responsibility for the ongoing supervision of any licensed physical
therapist assistant(s) providing care to the patient and shall become the designated
supervisor.
e) In an emergency situation which causes the unanticipated absence of the supervising
licensed physical therapist, a licensed physical therapist assistant may continue to render
services to only those patients for which the licensed physical therapist assistant has
previously participated in the intervention for established plans of care not to exceed the
regularly scheduled operational hours of that particular day.
f) Every effort shall be made by the licensed physical therapist and/or the licensed physical
therapist assistant to obtain supervision in the care described in (e) above.
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g) A licensed physical therapist shall not provide general supervision of a licensed physical
therapist assistant until the licensed physical therapist has practiced, either in New Jersey or
in another state, for at least one year. A licensed physical therapist shall ensure that a
licensed physical therapist assistant has worked, either in New Jersey or in another state, for
at least one year prior to providing general supervision of that licensed physical therapist
assistant.
13:39A-7.2 RESPONSIBILITIES OF DESIGNATED SUPERVISING LICENSED
PHYSICAL THERAPIST
a) When providing direct supervision, a supervising licensed physical therapist shall be in the
same building or, where physical therapy is rendered in several contiguous buildings, in one
of the contiguous buildings, while the licensed physical therapist assistant is rendering care.
The supervising licensed physical therapist shall be constantly available through electronic
communications for consultation or for recall to the area where the licensed physical
therapist assistant is rendering care.
b) When providing direct supervision, a supervising licensed physical therapist shall, at least
once every 30 days after initial review of a new or revised plan of care with the licensed
physical therapist assistant, document in the patient record that he or she has reviewed the
patient's progress and plan of care with the assistant, including the dates when those
reviews took place. Such documentation may be incorporated into progress notes written by
the licensed physical therapist or the licensed physical therapist assistant and need not
require separate or additional notes.
c) When providing general supervision, a licensed physical therapist shall:
1)
Make an on-site visit and participate in the treatment of the patient at least every six
patient visits or every 14 days, whichever occurs first. During this on-site visit, the
licensed physical therapist shall review the plan of care in order to determine the need
for revisions to the plan or for the completion of the episode of care;
2)
In addition to the onsite visits required by (c)1 above, a licensed physical therapist shall
make an onsite visit:
i) If the licensed physical therapist assistant requests a reexamination of the patient;
ii) If a change in the plan of care is needed;
iii) Prior to the planned completion of an episode of care; and
iv) When the patient’s medical status has changed;
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3)
Be accessible by telecommunications to the licensed physical therapist assistant at all
times while the physical therapist assistant is treating patients; and
4)
Meet or communicate with the licensed physical therapist assistant regarding patients, as
frequently as the licensed physical therapist determines is necessary based on the needs
of the patient and of the licensed physical therapist assistant. Such meeting or
communication shall be documented in the patient’s record.
d) The supervising licensed physical therapist's professional judgment shall ultimately
determine the safe provision of physical therapy services being rendered by the licensed
physical therapist assistant(s).
e) The supervising licensed physical therapist shall cosign the licensed physical therapist
assistant's notes prior to the next provision of physical therapy services to that patient. If
patient records are maintained on a computer recordkeeping system that does not permit a
supervising licensed physical therapist to cosign a licensed physical therapist assistant's
notes, the supervising licensed physical therapist shall enter a separate note in the patient
record indicating that he or she has reviewed the licensed physical therapist assistant's
notes.
f) The supervising licensed physical therapist shall review the plan of care with the licensed
physical therapist assistant:
1)
Before a licensed physical therapist assistant provides care to a patient for the first time;
2)
Before the licensed physical therapist assistant implements a new or revised plan of
care; and
3)
On or before the patient's next visit in the event of a change in supervising licensed
physical therapist.
13:39 A-7.3 RESPONSIBILITIES OF LICENSED PHYSICAL THERAPIST ASSISTANT
a) A licensed physical therapist assistant shall not render nor continue to render care unless he
or she has obtained ongoing direction from his or her designated supervising licensed
physical therapist.
b) A licensed physical therapist assistant shall obtain the signature of the designated
supervising licensed physical therapist indicating that the designated supervisor reviewed
the plan of care and the date when that review took place. The supervising licensed physical
therapist's signature in the record shall serve as evidence that the plan of care has been
reviewed by the supervising licensed physical therapist and discussed with the physical
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therapist assistant. If patient records are maintained on a computer recordkeeping system
that does not permit a supervising licensed physical therapist to sign a licensed physical
therapist assistant's notes, the supervising licensed physical therapist shall enter a separate
note in the patient record indicating that he or she has reviewed the plan of care.
c) When providing physical therapy services under direct supervision, a licensed physical
therapist assistant shall, at least once every 30 days after initial review of a new or revised
plan of care with the supervising licensed physical therapist, document in the patient record
that the patient's progress and plan of care were reviewed with the supervising licensed
physical therapist, including the dates when those reviews took place. Such documentation
may be incorporated into progress notes or treatment notes written by the licensed physical
therapist or the licensed physical therapist assistant and need not require separate or
additional notes.
d) When providing physical therapy services under direct supervision, a licensed physical
therapist assistant shall provide services only when the supervising licensed physical
therapist is in the same building or, where physical therapy is rendered in several contiguous
buildings, in one of the contiguous buildings and when the supervising licensed physical
therapist is constantly available through electronic communications for consultation or for
recall to the area where the licensed physical therapist assistant is rendering care.
e) When providing physical therapy services under general supervision, a licensed physical
therapist assistant shall provide services only when the supervising physical therapist makes
an onsite visit:
1)
At least every six patient visits or every 14 days, whichever occurs first;
2)
If the licensed physical therapist assistant requests a reexamination of the patient;
3)
If a change in the plan of care is needed;
4)
Prior to the planned completion of an episode of care; or
5)
When the patient’s medical status has changed.
f) When providing physical therapy services under general supervision, a licensed physical
therapist assistant shall provide services only when the supervising physical therapist is
accessible by telecommunications to the licensed physical therapist assistant at all times
while the physical therapist assistant is treating patients.
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g) A licensed physical therapist assistant shall review the plan of care with the supervising
licensed physical therapist:
1)
Before a licensed physical therapist assistant provides care to a patient for the first time;
2)
Before the licensed physical therapist assistant implements a new or revised plan of
care; and
3)
On or before the patient's next visit in the event of a change in supervising licensed
physical therapist.
SUBCHAPTER 7A.
(RESERVED)
SUBCHAPTER 7B.
(RESERVED)
SUBCHAPTER 8.
ADVERTISING
13:39A-8.1 ADVERTISING AND SOLICITATION PRACTICES
a) The following words and terms, when used in this section, shall have the following meanings
unless the context clearly indicates otherwise.
1)
The term "advertisement" means any attempt directly or indirectly by publication,
dissemination, or circulation in print or electronic media which directly or indirectly
induces or attempts to induce any person or entity to purchase or enter into an
agreement to purchase services, treatment, or goods related thereto from a Board
licensee.
2)
"Board licensee" means any individual holding a valid license issued by the New Jersey
Board of Physical Therapy.
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3)
The term "clinical specialist" means a licensed physical therapist who has demonstrated
advanced clinical knowledge and skills by successfully completing an American Board of
Physical Therapy Specialties (ABPTS) clinical specialist program and has passed a
written examination in one of the physical therapy specialty areas.
4)
The term "electronic media" shall include, but not be limited to, radio, television,
telephone, facsimile machine, or computer.
5)
The term "fee schedule" refers to the fees charged for services or goods offered by a
licensed physical therapist.
6)
The term "graphic representation" means the use of drawings, animations, clinical
photographs, dramatizations, music or lyrics.
7)
The term "print media" shall refer to newspapers, magazines, periodicals, professional
journals, telephone directories, circulars, handbills, fliers or other publications, the
content of which is disseminated by means of the printed word.
8)
"Routine professional service" refers to a service which a licensed physical therapist,
licensed physical therapist assistant or professional association routinely performs.
b) A licensee may provide information to the public by advertising in print or electronic media.
c) A licensee who engages in the use of advertising which contains any of the following shall be
deemed to have engaged in professional misconduct:
1)
Any statement, claim or format including, but not limited to, a graphic representation
which is false, fraudulent, misleading or deceptive;
2)
Any misrepresentation of a material fact;
3)
The suppression, omission or concealment of any material fact under circumstances
which the licensee knows or should have known is improper or prevents a prospective
patient from making a full and informed judgment on the basis of the information set forth
in the advertisement;
4)
Any claim that the service performed or the materials used are superior to that which is
ordinarily performed or used in the profession;
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5)
Any promotion of professional service that the licensee knows or should know is beyond
the licensee's ability to perform;
6)
A technique or communication which appears to intimidate, exert undue pressure or to
unduly influence a prospective patient or consumer;
7)
Any personal testimonial attesting to the quality or competence of service or treatment by
a licensee involving medical or technical assessments that are beyond the patient's
competency to assess, or any testimonial not in compliance with N.J.A.C. 13:39A-8.3;
8)
The communication of any fact, data or information that may personally identify a patient
without the patient's signed written permission obtained in advance;
9)
An offer to pay, give or accept a fee or other consideration to or from a third party for the
referral of a patient;
10)
Any print, language or format that directly or indirectly obscures a material fact; or
11)
Any guarantee of results from any procedure.
d) Any violations of (e) through (i) below shall be deemed professional misconduct.
e) The Board may require a licensed physical therapist to substantiate the truthfulness of any
assertion or representation set forth in an advertisement.
f) A licensee shall not engage, either directly or through the use of any agent, employee or
representative, in solicitation of a prospective patient or a consumer. This subsection shall
not prohibit a licensed physical therapist from offering services through materials provided to
a community service organization which makes known the availability of all professional
services listed; nor shall it prohibit the offering of services by a licensed physical therapist to
any bona fide representative of prospective patients including, but not limited to, employers,
labor union representatives or insurance carriers.
g) Advertising making reference to or setting forth fees shall be limited to that which contains a
stated fee schedule for specifically described routine professional services or goods offered
by licensees.
1)
A licensee who advertises a fee shall disclose all relevant and material variables and
considerations that are ordinarily included in such a service so that the fee will be clearly
understood by prospective patients or consumers.
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2)
In the absence of such disclosure referred to in (g)1 above, the stated fees shall be
presumed to include everything ordinarily required for such a service. No additional
charges shall be made for an advertised service unless the advertisement specifically
delineates the additional services contemplated and the fee to be charged therefor.
h) The time period during which an advertised fee will remain in effect shall be set forth on the
face of the advertisement. In the absence of such disclosure, the effective period shall be
deemed to be 30 days from the date of the advertisement's final publication.
i) Any licensed physical therapist advertising certification in a specialty area shall possess
certification by a certifying entity and shall maintain documentary proof of certification from
the entity as part of his or her records. A licensed physical therapist who advertises a
specialty certification shall include the full name of the certification and the certifying entity in
any advertisements and, except as provided in (j) below, shall not use initials or acronyms
for the certification or certifying entity. For example, except as provided in (j) below, a
licensee may indicate in advertisements that he or she is an Orthopaedic Clinical Specialist
certified by the American Board of Physical Therapy Specialties but shall not indicate that he
or she is an OCS certified by the ABPTS.
j) A licensed physical therapist who has included the full name of a certification and certifying
entity in an advertisement pursuant to (i) above may use initials or acronyms for that
certification immediately following its full name. For example, a licensed physical therapist
who indicates that he or she is an Orthopaedic Clinical Specialist certified by the American
Board of Physical Therapists in an advertisement may use the acronyms OCS and ABPTS
after these full names (Orthopaedic Clinical Specialist (OCS) by the American Board of
Physical Therapists (ABPTS).
13:39A-8.2 ADVERTISING FREE OR DISCOUNTED SERVICES; REQUIRED
DISCLOSURES
a) An advertisement offering a fee reduction shall state the reduced fee and the licensed
physical therapist's usual fee for each service for which a reduction is advertised. The usual
fee shall be the fee charged for the advertised service for a period of not less than 90 days
prior to the advertised reduction.
b) All offers of free services or discounts shall include a statement of the specific charges for all
associated or reasonably anticipated services which are not included in the offer of free or
discounted services. If the discount or free service does not apply to all services to be
rendered, the advertisement shall specify any associated or reasonably anticipated services
which are not included.
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c) Except for those services specifically excluded in the advertisement offering free services,
the licensed physical therapist shall not charge for any service whatsoever rendered during a
period of 72 hours from the time the free service was rendered.
13:39A-8.3 TESTIMONIAL ADVERTISING
a) All testimonials involving a specific or identifiable procedure shall truthfully reflect the actual
experience of the patient.
b) The licensee shall be able to substantiate any objective, verifiable statement of fact
appearing in a testimonial. The failure to do so, if required by the Board, may be deemed
professional misconduct.
c) Where an advertiser directly or indirectly provides compensation to a testimonial giver, the
fact of such compensation shall be conspicuously disclosed in a clear, legible and readable
manner in any advertisement as follows: "COMPENSATION HAS BEEN PROVIDED FOR
THIS TESTIMONIAL."
13:39A-8.4 MINIMUM CONTENT
a) A licensee shall include the following in all advertisements and professional representations
(other than an office entry sign), including advertisements in a classified directory, business
cards and professional stationery:
1)
The name, identification of licensure and license number of at least one principal of the
corporation; and
2)
The street address and telephone number of the practice.
13:39A-8.5 USE OF PROFESSIONAL CREDENTIALS AND CERTIFICATIONS
a) A licensee shall accurately and objectively represent his or her competence, education,
training and experience.
b) A licensee shall use the designation "physical therapist" or "physical therapist assistant" or
the abbreviation "PT" or "PTA" in conjunction with the use of his or her name and license
number. Academic degree designations, including initials, may be placed after the name and
the title.
c) An advertisement that includes information on professional credentials shall contain the
academic degrees attained related to the practice of physical therapy and shall refer only to
degrees obtained from accredited academic institutions.
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13:39A-8.6 ADVERTISING BY A BUSINESS ENTITY OFFERING PHYSICAL
THERAPY SERVICES
a) A licensee who uses or participates in the use of any form of public communication relating
to a business entity offering physical therapy services shall include in that communication
the name of the person holding an ownership interest in the advertising entity and the
professional license held by that person. If the entity is owned by more than four persons,
the notice need only include the names of officers in that entity and the licenses they hold.
b) The responsibility for the form and content of any advertisement offering services or goods
by a licensee shall be jointly and severally that of each licensed physical therapist who is a
principal, partner or officer of the firm or entity identified in the advertisement.
13:39A-8.7 ADVERTISING RECORD RETENTION
a) The licensee shall retain, for a period of three years from the date of initial publication or
dissemination, a copy of every advertisement appearing in print media, a video or audio tape
of every advertisement communicated by electronic media, and a computer record of any
advertisement posted on the internet. The licensee shall indicate on all advertisements in his
or her possession the date and place of publication.
b) Documentation relating to the use of testimonials shall be retained for a period of three years
from the date of last use of the testimonial. Documentation shall include, but not be limited
to, the name, address and telephone number of the testimonial giver and the type and
amount or value of compensation, if any.
SUBCHAPTER 9.
CONTINUING EDUCATION AND COMPETENCY
13:39A-9.1 LICENSURE RENEWAL: CONTINUING EDUCATION AND COMPETENCY
REQUIREMENT
a) A licensee applying for biennial licensure renewal shall complete, during the preceding
biennial period, the continuing education and competency requirement as specified in
N.J.A.C. 13:39A-9.2.
b) Upon biennial license renewal, a licensee shall attest that he or she has completed the
continuing education and competency requirement of the types and number of credits
specified in N.J.A.C. 13:39A-9.3. Submission of any false information submitted on the
renewal application may require an appearance before the Board and may result in
disciplinary action.
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13:39A-9.2 CREDIT HOUR REQUIREMENTS
a) Except as provided in (b) below, each applicant for biennial license renewal as a licensed
physical therapist and as a licensed physical therapist assistant shall complete during the
preceding biennial period a minimum of 30 credits of continuing education and competency,
which shall include four credits of jurisprudence and professional ethics.
b) An applicant for biennial license renewal as a licensed physical therapist or as a licensed
physical therapist assistant who receives an initial license in the first year of a biennial
period shall complete a minimum of 15 of the 30 required credits of continuing education and
competency during that biennial renewal period. An applicant for biennial license renewal as
a licensed physical therapist or as a licensed physical therapist assistant who receives an
initial license in the second year of a biennial period shall be exempt from completing
continuing education and competency credits during that biennial renewal period.
c) For the purposes of this subchapter, an hour of continuing education and competency means
60 minutes of instructional time spent in learning activities, exclusive of breaks, meals, pre-
tests, or vendor exhibits.
d) Any continuing education and competency courses, programs or seminars directed or
ordered by the Board to be taken by a licensee as all or part of a disciplinary or remedial
measure or to remediate a deficiency in continuing education and competency credits for a
prior biennial renewal period shall not qualify to fulfill the mandatory continuing education
and competency requirements required for biennial renewal.
13:39A-9.3 ACCEPTABLE COURSE OFFERINGS; CREDIT HOUR CALCULATION
a) The Board shall grant continuing education and competency credit, at a rate of one credit for
each hour of attendance unless otherwise specified in this section, only for courses,
programs or seminars that have been successfully completed and have significant
educational or practical content, which deal with matters related to the practice of physical
therapy or with the professional responsibilities or ethical obligations of licensees, such as
the following:
1)
Patient/client management;
2)
Appropriate standard of physical therapy care;
3)
Patient safety;
4)
Application of new technology to physical therapy practice;
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5)
Patient communication;
6)
Promotion of ethical practices;
7)
Knowledge of the changing health care system;
8)
Clinical instructor credentialing; and
9)
Physical therapy practice management, administration and professional issues.
b) All courses, programs or seminars offered by the following sources and providers are pre-
approved and a licensee shall be allowed the number of credits as follows:
1)
Successful completion of a post-graduate course in a physical therapy program leading
to a Doctor of Physical Therapy (DPT) degree for the licensed physical therapist or a
three-credit course in an entry level physical therapy program for the licensed physical
therapist assistant. Such programs must be in institutions of higher learning, which are
accredited by the United States Department of Education, Office of Postsecondary
Education or their approved agencies: 15 credits for each course credit awarded; or
2)
Successful completion of a course in an academic program related to the practice of
physical therapy provided that such course is not part of the physical therapy program
completed by the licensee to meet the educational requirements for initial licensure
under N.J.A.C. 13:39A-5.1 or 5.2: 15 credits for each course credit awarded; or
3)
Successful completion of a continuing education and competency course sponsored by
the American Physical Therapy Association (APTA), or the American Physical Therapy
Association of New Jersey (APTANJ): one credit for each hour of the course.
c) If a licensed physical therapist or licensed physical therapist assistant leaves a course,
program, or seminar approved pursuant to (b) above prior to the end of the course, program,
or seminar, the provider shall assign partial credit for the course, program, or seminar, based
on the amount of time the licensed physical therapist or licensed physical therapist assistant
attended the course, program, or seminar, as indicated by attendance sheets maintained by
the sponsor pursuant to N.J.A.C. 13:39A-9.6(a).
d) The Board shall grant a maximum of 10 of the mandatory 30 continuing education and
competency credits required in a biennial renewal period of licensed physical therapists and
licensed physical therapist assistants from any or all of the following:
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1)
Successful completion of videotape, audiotape, computer media, Internet, journal, or
correspondence courses, programs or seminars: a maximum of 10 credits per course,
program or seminar. The course, program or seminar shall include an examination at its
end. Credit for correspondence and other individual study courses or programs shall be
provided only in the renewal period in which the course is completed with a successful
final examination;
2)
Successful completion of courses, programs or seminars consisting of hands-on
demonstrations of instrumentation when accompanied by didactic lectures: one-half
credit for each hour of attendance;
3)
Preparation and presentation of a Board-approved continuing professional education and
competency course, program or seminar: two credits for each hour of a new presentation
up to a maximum of 10 credits. For purposes of this subsection, "new" means a course,
program or seminar that the licensee has not taught previously in any educational
setting. One credit for each hour of a presentation shall be given for subsequent
sessions involving substantially identical subject matter up to a maximum of 10 credits,
provided the original material has been updated and subject to the credit limits of
N.J.A.C. 13:39A-9.3;
4)
Preparation of an educational or scientific article authored and published in a
professional refereed journal: three credits per article as approved by the Board;
5)
Courses, programs or seminars in physical therapy practice management: one credit for
each hour of attendance;
6)
Writing a chapter of a published textbook related to physical therapy: three credits per
chapter up to a maximum of 10 credits; or
7)
Editing a published textbook related to physical therapy: five credits per book up to a
maximum of 10 credits.
e) A licensed physical therapist who becomes certified or recertified in a clinical specialty by
the American Board of Physical Therapy Specialties shall receive 15 continuing education
and competency credits for the biennial licensure period in which it takes place.
f) A licensed physical therapist who successfully completes a residency or fellowship approved
by the American Physical Therapy Association (APTA) shall receive 15 continuing education
and competency credits for the biennial licensure period in which the residency takes place.
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g) A licensed physical therapist who completes the Federation of State Boards of Physical
Therapy (FSBPT) oPTion shall receive three continuing education and competency credits
for the biennial licensure period in which the oPTion is taken.
h) A licensed physical therapist or licensed physical therapist assistant who provides clinical
instruction to a student in a clinical facility that is affiliated with a physical therapy program
that is approved for the education and training of physical therapists or licensed physical
therapist assistants by an accrediting agency recognized by the United States Department of
Education, Office of Postsecondary Education shall receive one credit for each 40 hours of
clinical instruction up to a maximum of four credits per biennial period.
i) The Board shall maintain a list of Board-approved courses, programs and seminars
submitted for approval pursuant to N.J.A.C. 13:39A-9.6.
j) The Board may review and approve courses, programs and seminars, which are not pre-
approved pursuant to (b) above, when such courses, programs and seminars are submitted
for approval by a licensee for continuing professional education and competency credit. The
licensee shall submit, on a form approved by the Board, the title, date and location of the
course, program or seminar for which approval is being sought and the information required
of a continuing professional education and competency provider pursuant to N.J.A.C.
13:39A-9.6(a)1.
k) Continuing education and competency courses, programs and seminars shall be offered on a
nondiscriminatory basis. Membership organizations may discount the cost of attending
continuing education and competency courses, programs and seminars for dues-paying
members.
13:39A-9.4 DOCUMENTATION OF CONTINUING EDUCATION AND COMPETENCY
CREDIT
a) Each licensee shall maintain a record of all continuing education and competency activity
completed and shall submit evidence of completion of the credit requirements to the Board
upon request. Each licensee shall obtain from the continuing education and competency
course, program or seminar provider and retain for a period of at least four years following
the license renewal a record of attendance which shall include, at a minimum, the following:
1)
The participant's name and State Board of Physical Therapy Examiners' license number;
2)
The title and, if the title does not adequately describe the educational content, subject
matter of the course, program or seminar;
3)
The name of the instructor;
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4)
The course, program or seminar provider;
5)
The date and location of the course, program or seminar;
6)
The number of continuing education and competency credits awarded; and
7)
The signature of a course, program or seminar official or other verification of successful
completion by the course, program or seminar provider.
b) A licensee shall verify completion of academic course work by an official transcript from the
educational institution.
c) A licensee who completes a videotape, audiotape, computer media, Internet, journal or
correspondence course or program shall retain the certification of the successful final
examination completed at the end of the course, program or seminar.
d) A licensee who passes the Federation of State Boards of Physical Therapy (FSBPT) Practice
Review Tool (PRT) shall retain documented proof from the FSBPT of completion.
e) A licensee who attends a conference that has concurrent sessions, at which attendance is
not taken at each session and attendance certificates are not issued to attendees for each
session, shall document attendance by having a conference official sign or stamp the
session description in the program book.
f) The Board shall monitor compliance with the mandatory continuing education and
competency requirement by conducting a random audit of licensees, who, upon request,
shall provide proof of successful completion of continuing education and competency credits.
g) A licensee who writes a chapter of, or edits, a textbook shall retain a copy of the published
textbook.
h) A licensee who provides clinical instruction to a student shall retain documentary proof from
the student’s school that indicates the period of time during which the licensee provided
clinical instruction.
i) During the audit performed pursuant to (f) above, the Board shall review any course that has
not been pre-approved pursuant to N.J.A.C. 13:39A-9.3(b) and shall approve the course if it
meets the requirements of N.J.A.C. 13:39A-9.3(a) and the provider meets the requirements
of N.J.A.C. 13:39A-9.6.
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13:39A-9.5 WAIVER OF CONTINUING EDUCATION AND COMPETENCY
REQUIREMENTS
a) The Board may waive, extend or otherwise modify the time period for completion of the
continuing education and competency requirements on an individual basis for reasons of
hardship, such as illness, disability or active service in the military.
b) A licensee who seeks a waiver, extension or modification of the time period for the
completion of the continuing education and competency requirements shall provide to the
Board in writing, no less than two months prior to the end of the licensure period, the specific
reasons for requesting the waiver, extension or modification and such additional information
as the Board may require in support of the request.
13:39A-9.6 RESPONSIBILITIES OF CONTINUING EDUCATION AND COMPETENCY
PROVIDERS
a) All providers of continuing education and competency not included in N.J.A.C. 13:39A-9.3(b)
shall:
1)
At least 45 business days prior to the date of the course, program or seminar, submit the
following for each course, program or seminar offered for evaluation by the Board:
i) A detailed descriptive outline of course content, the estimated starting and ending
time of the course and any break time provided during the course, program or
seminar;
ii) The curriculum vitae of each instructor that indicates the lecturer has met the
requirements of (b) below;
iii) Course objectives that are both behavioral objectives, which are learning outcomes
stated in terms that indicate what the student will be able to do or demonstrate after
the course, and measurable objectives, which are learning outcomes indicating the
level of the student's performance; and
iv) A bibliography supporting the content of the course, program or seminar that includes
at least five peer-reviewed journal articles published within the last five years;
2)
Obtain Board approval prior to representing that any course, program or seminar fulfills
the requirements of N.J.A.C. 13:39A-9.1;
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3)
Monitor the attendance at each approved course, program or seminar and furnish to
each enrollee a verification of attendance, which shall include at least the following
information:
i) The title, date and location of the course, program or seminar offering;
ii) The name and license number of the attendee;
iii) The number of credits awarded;
iv) The name and signature of the sponsor and the seal of the organization;
4)
Maintain attendance sheets, which include the time when a licensee arrives at and
leaves the course, program or seminar with the licensee's signature next to each time
entry;
5)
Evaluate course offerings. Evaluations shall be solicited from both the attendees and the
instructors; and
6)
Submit a fee pursuant to N.J.A.C. 13:39A-1.3 for each submission of a new course,
program or seminar reviewed by the Board during the biennial licensing period.
b) In order to be qualified to instruct a continuing education course, an instructor shall:
1)
If licensure is required to practice his or her profession, hold a current license to practice;
2)
Maintain a list of continuing education coursework completed and taught by the instructor
for the last five years; and
3)
Have:
i) Been employed in the topic area of the course within the past five years;
ii) Published an article for peer reviewed journals in the topic area of the course within
the past five years; or
iii) Written a chapter for academic textbooks in the topic area of the course within the
past five years.
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SUBCHAPTER 10. TELEMEDICINE
13:39A-10.1 PURPOSE AND SCOPE
a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A.
45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and
telehealth.
b) This subchapter shall apply to all persons who are licensed by the Board as licensed
physical therapists and licensed physical therapist assistants.
c) Pursuant to N.J.S.A. 45:1-62, a physical therapist or physical therapist assistant must hold a
license issued by the Board if he or she:
1)
Is located in New Jersey and provides health care services to any patient located in or
out of New Jersey by means of telemedicine or telehealth; or
2)
Is located outside of New Jersey and provides health care services to any patient located
in New Jersey by means of telemedicine or telehealth.
d) Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who
consults with a licensed physical therapist or licensed physical therapist assistant in New
Jersey through the use of information and communications technologies, but does not direct
patient care, will not be considered as providing health care services to a patient in New
Jersey and will not be required to obtain licensure in New Jersey in order to provide such
consultation.
13:39A-10.2 DEFINITIONS
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images,
diagnostics, data, and medical information either to or from an originating site or to or from
the licensed physical therapist or licensed physical therapist assistant at a distant site, which
allows for the patient to be evaluated without being physically present.
"Board" means the Board of Physical Therapy Examiners.
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"Cross-coverage" means a licensed physical therapist who engages in a remote physical
therapy evaluation of a patient, without in-person contact, at the request of another licensed
physical therapist who has established a proper licensed physical therapist or licensed
physical therapist assistant-patient relationship with the patient.
"Distant site" means a site at which a licensed physical therapist or licensed physical
therapist assistant is located while providing health care services by means of telemedicine
or telehealth.
"On-call" means a licensed physical therapist or licensed physical therapist assistant is
available, where necessary, to physically attend to the urgent and follow-up needs of a
patient for whom the licensed physical therapist or licensed physical therapist assistant has
temporarily assumed responsibility, as designated by the patient's primary care licensed
physical therapist or licensed physical therapist assistant or other health care provider of
record.
"Originating site" means a site at which a patient is located at the time that health care
services are provided to the patient by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including
telephones, remote patient monitoring devices, or other electronic means, to support clinical
health care, provider consultation, patient and professional health-related education, public
health, health administration, and other services in accordance with the provisions of P.L.
2017, c. 117 (N.J.S.A. 45:1-61 et seq.).
"Telemedicine" means the delivery of a health care service using electronic
communications, information technology, or other electronic or technological means to
bridge the gap between a licensed physical therapist or licensed physical therapist assistant
who is located at a distant site and a patient who is located at an originating site, either with
or without the assistance of an intervening licensed physical therapist or licensed physical
therapist assistant, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A.
45:1-61 et seq.). "Telemedicine" does not include the use, in isolation, of audio-only
telephone conversation, electronic mail, instant messaging, phone text, or facsimile
transmission.
13:39A-10.3 STANDARD OF CARE
a) Prior to providing services through telemedicine or telehealth, a licensed physical therapist
or licensed physical therapist assistant shall determine whether providing those services
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through telemedicine or telehealth would be consistent with the standard of care applicable
for those services when provided in-person.
b) If a licensed physical therapist or licensed physical therapist assistant determines, either
before or during the provision of services, that services cannot be provided through
telemedicine or telehealth in a manner that is consistent with in-person standards of care,
the licensed physical therapist or licensed physical therapist assistant shall not provide
services through telemedicine or telehealth.
c) A licensed physical therapist or licensed physical therapist assistant who determines that
services cannot be provided through telemedicine or telehealth pursuant to (b) above shall
advise the patient to obtain services in-person.
d) A licensed physical therapist who provides a diagnosis, treatment, or consultation
recommendation, including discussions regarding the risk and benefits of a patient's
treatment options, through telemedicine or telehealth shall be held to the same standard of
care or practice standards as are applicable to in-person settings.
e) A licensed physical therapist assistant who provides a treatment or consultation
recommendation, including discussions regarding the risk and benefits of a patient's
treatment options, through telemedicine or telehealth shall be held to the same standard of
care or practice standards as are applicable to in-person settings.
13:39A-10.4 LICENSED PHYSICAL THERAPIST OR LICENSED PHYSICAL
THERAPIST ASSISTANT-PATIENT RELATIONSHIP
a) Prior to providing services through telemedicine or telehealth, a licensed physical therapist
or licensed physical therapist assistant shall establish a licensed physical therapist or
licensed physical therapist assistant-patient relationship by:
1)
Identifying the patient with, at a minimum, the patient's name, date of birth, phone
number, and address. A licensed physical therapist or licensed physical therapist
assistant may also use a patient's assigned identification number, Social Security
number, photo, health insurance policy number, or other identifier associated directly
with the patient; and
2)
Disclosing and validating the licensed physical therapist or licensed physical therapist
assistant's identity, license, title, and, if applicable, specialty and board certifications.
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b) Prior to an initial contact with a patient for the purpose of providing services to the patient
using telemedicine or telehealth, a licensed physical therapist or licensed physical therapist
assistant shall review the patient's history and any available records.
c) Prior to initiating contact with a patient for the purpose of providing services through
telemedicine or telehealth, a licensed physical therapist or licensed physical therapist
assistant shall determine whether he or she will be able to provide the same standard of care
using telemedicine or telehealth as would be provided if the services were provided in-
person. The licensed physical therapist or licensed physical therapist assistant shall make
this determination prior to each unique patient encounter.
d) Prior to initiating contact with a patient, a licensed physical therapist or licensed physical
therapist assistant shall provide the patient the opportunity to sign a consent form that
authorizes the licensed physical therapist or licensed physical therapist assistant to release
records of the encounter to the patient's primary care licensed physical therapist or other
health care provider identified by the patient.
e) Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or
telehealth without a proper provider-patient relationship if:
1)
The provision of services is for informal consultations with another healthcare provider
performed by a licensed physical therapist or licensed physical therapist assistant
outside the context of a contractual relationship, or on an irregular or infrequent basis,
without the expectation or exchange of direct or indirect compensation;
2)
The provision of services is during episodic consultations by a specialist located in
another jurisdiction who provides consultation services, upon request, to a licensed
physical therapist or licensed physical therapist assistant in this State;
3)
A licensed physical therapist or licensed physical therapist assistant furnishes assistance
in response to an emergency or disaster, provided that there is no charge for the
assistance; or
4)
A substitute licensed physical therapist or licensed physical therapist assistant, who is
acting on behalf of an absent licensed physical therapist or licensed physical therapist
assistant in the same specialty, provides health care services on an on-call or cross-
coverage basis, provided that the absent licensed physical therapist or licensed physical
therapist assistant has designated the substitute licensed physical therapist or licensed
physical therapist assistant as an on-call licensed physical therapist or licensed physical
therapist assistant or cross-coverage service provider.
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13:39A-10.5 PROVISION OF SERVICES THROUGH TELEMEDICINE OR
TELEHEALTH
a) As long as a licensed physical therapist or licensed physical therapist assistant has satisfied
the requirements of N.J.A.C. 13:39A-10.4, a licensed physical therapist or licensed physical
therapist assistant may provide health care services to a patient through the use of
telemedicine and may engage in telehealth to support and facilitate the provision of health
care services to patients.
b) Prior to providing services through telemedicine or telehealth, a licensed physical therapist
or licensed physical therapist assistant shall determine the patient's originating site and
record this information in the patient's record.
c) A licensed physical therapist or licensed physical therapist assistant providing healthcare
services through telemedicine shall use interactive, real-time, two-way communication
technologies, which shall include, except as provided in (e) below, a video component that
allows a licensed physical therapist or licensed physical therapist assistant to see a patient
and the patient to see the licensed physical therapist or licensed physical therapist assistant
during the provision of services.
d) A licensed physical therapist or licensed physical therapist assistant providing services
through telemedicine or telehealth may use asynchronous store-and-forward technology to
allow for the electronic transmission of:
1)
Images;
2)
Diagnostics;
3)
Data; and
4)
Medical information.
e) If, after accessing and reviewing the patient's records, a licensed physical therapist or
licensed physical therapist assistant determines that he or she is able to meet the standard
of care for such services if they were being provided in-person without using the video
component described in (c) above, the licensed physical therapist or licensed physical
therapist assistant may use interactive, real-time, two-way audio in combination with
asynchronous store-and-forward technology, without a video component.
f) During the provision of services through telemedicine or telehealth, and after the provision of
services, a licensed physical therapist or licensed physical therapist assistant, or another
designated licensed physical therapist or licensed physical therapist assistant, shall provide
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his or her name, professional credentials, and contact information to the patient. Such
contact information shall enable the patient to contact the licensed physical therapist or
licensed physical therapist assistant for at least 72 hours following the provision of services,
or for a longer period if warranted by the patient's circumstances and accepted standards of
care.
g) Prior to providing services through telemedicine or telehealth, a licensed physical therapist
or licensed physical therapist assistant shall review any history or records provided by a
patient as follows:
1)
For an initial encounter with a patient, history and records shall be reviewed prior to the
provision of services through telemedicine or telehealth; and
2)
For any subsequent interactions with a patient, history and records shall be reviewed
either prior to the provision of services through telemedicine or telehealth or
contemporaneously with the encounter with the patient.
h) After the provision of services through telemedicine or telehealth, a licensed physical
therapist or licensed physical therapist assistant shall provide the patient, upon request, with
his or her records created due to the services provided.
i) A licensed physical therapist or licensed physical therapist assistant shall provide, upon a
patient's written request, the patient's information to the patient's primary care provider or to
other health care providers.
j) A licensed physical therapist or licensed physical therapist assistant engaging in
telemedicine or telehealth shall refer a patient for follow-up care when necessary.
13:39A-10.6 RECORDS
A licensed physical therapist or licensed physical therapist assistant who provides services
through telemedicine or telehealth shall maintain a record of the care provided to a patient. Such
records shall comply with the requirements of N.J.A.C. 13:39A-3.1 and all other applicable State
and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of
a patient's record.
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13:39A-10.7 PREVENTION OF FRAUD AND ABUSE
a) In order to establish that a licensed physical therapist or licensed physical therapist assistant
has made a good faith effort to prevent fraud and abuse when providing services through
telemedicine or telehealth, a licensed physical therapist or licensed physical therapist
assistant must establish written protocols that address:
1)
Authentication and authorization of users;
2)
Authentication of the patient during the initial intake pursuant to N.J.A.C. 13:39A-
10.4(a)1;
3)
Authentication of the origin of information;
4)
The prevention of unauthorized access to the system or information;
5)
System security, including the integrity of information that is collected, program integrity,
and system integrity;
6)
Maintenance of documentation about system and information usage;
7)
Information storage, maintenance, and transmission; and
8)
Synchronization and verification of patient profile data.
13:39A-10.8 PRIVACY AND NOTICE TO PATIENTS
a) Licensed physical therapists or licensed physical therapist assistants who communicate with
patients by electronic communications other than telephone or facsimile shall establish
written privacy practices that are consistent with Federal standards under 45 CFR Parts 160
and 164, as amended and supplemented, which are incorporated herein by reference,
relating to the privacy of individually identifiable health information.
b) Written privacy practices required by (a) above shall include privacy and security measures
that assure confidentiality and integrity of patient-identifiable information. Transmissions,
including patient email, prescriptions, and laboratory results must be password protected,
encrypted electronic prescriptions, or protected through substantially equivalent
authentication techniques.
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c) A licensed physical therapist or licensed physical therapist assistant who becomes aware of
a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply
with reporting requirements of 45 CFR Part 164.
d) Licensed physical therapists or licensed physical therapist assistants, or their authorized
representatives, shall provide a patient, prior to evaluation or treatment, with copies of
written privacy practices and shall obtain the patient's written acknowledgement of receipt of
the notice.
e) Licensed physical therapists or licensed physical therapist assistants who provide services
through telemedicine or telehealth, or their authorized representatives, shall, prior to
providing services, give patients notice regarding telemedicine and telehealth, including the
risks and benefits of being treated through telemedicine or telehealth and how to receive
follow-up care or assistance in the event of an adverse reaction to the treatment or in the
event of an inability to communicate as a result of a technological or equipment failure. A
licensed physical therapist or licensed physical therapist assistant shall obtain a signed and
dated statement indicating that the patient received this notice.
f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a
licensed physical therapist or licensed physical therapist assistant exercising ordinary skill
and care would deem reasonably necessary to provide care to a patient, the licensed
physical therapist or licensed physical therapist assistant shall inform the patient of this prior
to the conclusion of the provision of care through telemedicine or telehealth and shall advise
the patient regarding the need for the patient to obtain an additional in-person evaluation
reasonably able to meet the patient's needs.
