45:8B-103 Construction of act.
13. Nothing in this act shall be construed to apply to:
a. the practice, activities, and services of qualified members of other professions, including physicians, psychologists, psychoanalysts, marriage and family therapists, social workers, professional or rehabilitation counselors, speech-language pathologists or audiologists, or any other profession licensed by the State, provided that:
(1) qualified members of other professions do not hold themselves out to the public as possessing a license issued pursuant to this act or represent themselves by any professional title regulated by this act; and
(2) the services provided by qualified members of other professions are within the boundaries of the licensed professional's education, training, and competence; and
b. provided they do not represent themselves as possessing a license issued pursuant to this act or represent themselves by any professional title regulated by this act:
(1) family members of recipients of applied behavior analysis services who implement applied behavior analysis treatment plans with the recipients under the extended authority and direction of a licensed applied behavior analyst or a licensed assistant applied behavior analyst;
(2) paraprofessional technicians who deliver applied behavior analysis services under the extended authority and direction of a licensed applied behavior analyst, licensed assistant applied behavior analyst, provided that such paraprofessional technicians use titles that indicate their nonprofessional status;
(3) applied behavior analysts who practice with nonhumans, and who may use the title "applied behavior analyst," including applied animal behaviorists and animal trainers;
(4) professionals who provide general applied behavior analysis services to organizations, and who may use the title "applied behavior analyst," if those services are for the benefit of the organizations and do not involve direct services to individuals;
(5) matriculated college or university students whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship, or postdoctoral fellowship, if the applied behavior analysis activities under this exemption are directly supervised by a licensed applied behavior analyst, psychologist or exempt professional in this State, an instructor in a course sequence approved by the board, or another qualified faculty member, provided that such students use titles that indicate their nonprofessional status;
(6) unlicensed persons pursuing experience in applied behavior analysis consistent with the experience requirements of the board, if the experience is supervised in accordance with the requirements of the board;
(7) persons who teach applied behavior analysis or conduct behavior analytic research, and who may use the title " applied behavior analyst," if the teaching or research does not involve the direct delivery of applied behavior analysis services to individuals;
(8) applied behavior analysts or applied assistant behavior analysts who work in this State not more than 10 consecutive business days, or not more than 15 intermittent business days, in any 90-day period, if the analyst resides outside, and the analyst's major practice is outside of, the State of New Jersey, and the analyst gives the board a summary of qualifications and a minimum of 10 days written notice of the analyst's intention to practice in the State under this section, provided the analyst: (a) is certified or licensed in another state under substantially equivalent requirements as an applied behavior analyst under this act; (b) is a Board Certified Behavior Analyst, Board Certified Behavior Analyst-Doctoral, or Board Certified Assistant Behavior Analyst; or (c) resides in a state which does not certify or license applied behavior analysts and the board considers the analyst's professional qualifications to be substantially equivalent to the requirements for licensing under this act; and is not adjudged and notified by the board to be ineligible for licensing under this act;
(9) employees of a school district, charter school, education services commission, or private school in the performance of regular employment duties, if the provision of applied behavior analysis services is only on behalf of the school employer and remuneration for the provision of those services is provided solely by the school employer;
(10) persons who are working under the authority of or under contract with the Division of Developmental Disabilities, in the Department of Human Services, if the provision of applied behavior analysis services is only on behalf of or under contract withthe Division of Developmental Disabilities and remuneration for the provision of those services is provided solely by the Division of Developmental Disabilities or one of its contracted providers. This paragraph shall be in effect only during the first three years after the effective date of this act; and
(11) persons who are working under the authority of and under contract with the New Jersey Early Intervention Program, in the Department of Health, if the provision of applied behavior analysis services is only on behalf of or under contract with the New Jersey Early Intervention Program or one of its contracted providers. This paragraph shall be in effect only during the first five years after the effective date of this act.
L.2019, c.337, s.13.
Structure New Jersey Revised Statutes
Title 45 - Professions and Occupations
Section 45:1-1 - Persons entitled to practice, etc. under former laws unaffected
Section 45:1-2.1 - Applicability of act.
Section 45:1-2.2 - Membership of certain boards and commissions; appointment, removal, quorum.
Section 45:1-2.3 - Qualifications; rights and duties
Section 45:1-2.4 - Effect of act on term of member in office
Section 45:1-3 - Expenses of boards paid from income; surplus paid to state treasurer; accounts
Section 45:1-3.1 - Applicability of act.
Section 45:1-3.3 - Administrative fees
Section 45:1-4 - Salary of secretary
Section 45:1-7 - Issuance of certain licenses or certificates of registration.
Section 45:1-7.1 - Applicability; renewals; reinstatements.
Section 45:1-7.4 - Submissions by applicant seeking reinstatement.
Section 45:1-7.6 - Granting of professional, occupational licenses during certain emergencies.
Section 45:1-7.7 - Reactivation of license, certificate of registration, certification.
Section 45:1-7.9 - Applications for professional, occupational licensure; names required.
Section 45:1-8 - Contractors; application of s. 45:1-9
Section 45:1-9 - Indication of license, certificate number.
Section 45:1-10.1 - Responsibility of health care professionals for filing claims.
Section 45:1-11 - Violations; penalty
Section 45:1-12 - Extra fee for completion of medical claim form, certain practitioners, penalty.
Section 45:1-14 - Legislative findings and declarations; liberal construction of act
Section 45:1-15 - Application of act.
Section 45:1-15.1 - Rules, regulations
Section 45:1-15.4 - Rules, regulations.
Section 45:1-15.8 - Rules, regulations.
Section 45:1-15.9 - Issuance of license, certification, registration.
Section 45:1-17.1 - Supervision of certain professional, occupational licensing boards; definitions.
Section 45:1-18 - Investigative powers of board, director, or attorney general.
Section 45:1-18.2 - Exercise of investigative power.
Section 45:1-18.3 - Regulations.
Section 45:1-21 - Refusal to license or renew, grounds.
Section 45:1-21.1 - Information on DEP application compliance, seminar attendance
Section 45:1-21.5 - Certain disqualifications prohibited.
Section 45:1-21.6 - Data concerning disqualifications, report to Legislature.
Section 45:1-22 - Additional, alternative penalties.
Section 45:1-24 - Failure to pay penalties; enforcement
Section 45:1-25 - Violations, penalties.
Section 45:1-26 - Repeal of inconsistent acts and parts of acts
Section 45:1-27 - Severability
Section 45:1-30 - Submission of information by applicant or licensee.
Section 45:1-31 - Applicant or licensee to assume cost.
Section 45:1-32 - Rules, regulations
Section 45:1-33 - Short title.
Section 45:1-34 - Definitions relative to healthcare professionals.
Section 45:1-35 - Immunity from civil liability.
Section 45:1-36 - Confidentiality of information.
Section 45:1-37 - Notification to division of impairment of health care professional.
Section 45:1-39 - Fraud, misrepresentation, deception; disciplinary proceedings.
Section 45:1-40 - Health Care Professional Information Clearinghouse Coordinator.
Section 45:1-41 - Rules, regulations.
Section 45:1-43 - Offering of alternate testing dates for examination.
Section 45:1-43.1 - Report of passage and failure rates of examinations for licensure.
Section 45:1-44 - Definitions.
Section 45:1-45 - Prescription Monitoring Program; requirements.
Section 45:1-45.1 - Information required for monitoring; rules, regulations.
Section 45:1-46 - Access to prescription information.
Section 45:1-47 - Prescription monitoring program; provisions for expansion.
Section 45:1-48 - Immunity from liability.
Section 45:1-50 - Authority to contract.
Section 45:1-50.1 - Annual report.
Section 45:1-50.2 - Completion of assessment.
Section 45:1-51 - Rules, regulations.
Section 45:1-52 - Continuation of regulations.
Section 45:1-53.1 - Violations, notice to licensing board; license revocation; definitions.
Section 45:1-54 - Findings, declarations relative to sexual orientation change efforts.
Section 45:1-55 - Sexual orientation change efforts prohibited for persons under 18 years old.
Section 45:1-56 - Short title.
Section 45:1-57 - Findings, declarations relative to safe handling of hazardous drugs.
Section 45:1-58 - Definitions relative to safe handling of hazardous drugs.
Section 45:1-59 - Adoption of standards, regulations.
Section 45:1-60 - Hazardous drugs training.
Section 45:1-61 - Definitions relative to telemedicine and telehealth.
Section 45:1-63 - Establishment of proper provider-patient relationship; exceptions.
Section 45:1-64 - Annual registration, report.
Section 45:1-65 - Telemedicine and Telehealth Review Commission.
Section 45:1-67 - Short title.
Section 45:1-68 - Findings, declarations relative to identification of health care professionals.
Section 45:1-69 - Definitions relative to identification of health care professionals.
Section 45:1-72 - Severability.
Section 45:1-73 - Construction of act.
Section 45:1-74 - Restrictions on invasive examination; informed written consent.
Section 45:2B-42 - Short title
Section 45:2B-43 - Findings, declarations relative to practice of accounting
Section 45:2B-44 - Definitions relative to the practice of accounting.
Section 45:2B-45 - New Jersey State Board of Accountancy
Section 45:2B-46 - Membership; terms; vacancies; removal.
Section 45:2B-47 - Oath by members of board, officers, rules, etc.
Section 45:2B-48 - Powers of board
Section 45:2B-49 - Application for licensure; requirements.
Section 45:2B-50 - Examination required for issuance of license
Section 45:2B-50.1 - Standards for individual with principal place of business out-of-State.
Section 45:2B-51 - Requirements for licensure
Section 45:2B-52 - Persons currently registered continue to hold designation
Section 45:2B-53 - Waiving of examination
Section 45:2B-54.1 - Requirements for non-licensed owners
Section 45:2B-55 - Requirements for registration as firm of public accountants.
Section 45:2B-57 - Triennial registration for firm; fee
Section 45:2B-58 - Triennial renewal of license; fee
Section 45:2B-59 - Revocation of license, registration
Section 45:2B-60 - Modification of suspension, reissuance of license, registration
Section 45:2B-61 - Issuance of report on financial statements prohibited; exceptions.
Section 45:2B-62 - Use of title, designation requires licensure, registration; exceptions.
Section 45:2B-63 - Violations, referral to authority; immunity of board members
Section 45:2B-64 - Single prohibited act justifies penalty
Section 45:2B-65 - Disclosure of client information
Section 45:2B-66 - Disposition of records
Section 45:2B-67 - Quality Enhancement Program
Section 45:2B-69 - Construction of terms
Section 45:2B-70 - Requirements for qualification as registered municipal accountant
Section 45:2B-71 - Continuing education required for registered municipal accountant.
Section 45:2B-72 - Municipal, county audit signed by RMA
Section 45:2B-73 - Qualification as public school accountant
Section 45:2B-74 - School district audit signed by PSA
Section 45:2B-75 - Current regulations unaffected
Section 45:2C-1 - Purpose of act
Section 45:2C-2 - Definitions.
Section 45:2C-3 - Acupuncture Examining Board.
Section 45:2C-4 - Record of proceedings, register of applications for licensure.
Section 45:2C-5 - Standards governing practice of acupuncture.
Section 45:2C-6 - Practices allowed by holder of license.
Section 45:2C-7 - License required to practice acupuncture; exceptions.
Section 45:2C-8 - Practice of acupuncture by physician, surgeon, dentist.
Section 45:2C-9 - Requirements for licensure as acupuncturist.
Section 45:2C-9.1 - Certified acupuncturist deemed licensed.
Section 45:2C-10 - Examinations; reexamination after failure to pass
Section 45:2C-13 - Standards for approval of courses of study, schools.
Section 45:2C-15 - Continuing education; standards
Section 45:2C-16 - Posting license, notification of change of address.
Section 45:2C-17 - Refusal to grant, suspension, revocation of license; grounds.
Section 45:2C-18 - Annual report
Section 45:2C-19 - Herbology in practice of acupuncture, certification.
Section 45:2D-1 - Short title.
Section 45:2D-3 - Definitions relative to licensing, certification of alcohol, drug counselors.
Section 45:2D-4 - Requirements for licensure as licensed clinical alcohol, drug counselor.
Section 45:2D-5 - Requirements for certification as certified alcohol, drug counselor.
Section 45:2D-6 - Review of qualifications.
Section 45:2D-7 - Application fee, renewal.
Section 45:2D-8 - Licensure, certification required for practice.
Section 45:2D-9 - Construction of act.
Section 45:2D-10 - Granting license, certification to individual licensed, certified out-of-State.
Section 45:2D-11 - Disclosure of confidential information prohibited.
Section 45:2D-12 - Alcohol and Drug Counselor Committee.
Section 45:2D-13 - Membership; terms; filling of vacancies; election of officers.
Section 45:2D-14 - Powers, duties of committee.
Section 45:2D-15 - Executive director; compensation of members; fees.
Section 45:2D-16 - Waiver of licensing, certification requirements.
Section 45:2D-17 - Applicability of C.45:1-14 et seq.
Section 45:3-1 - New Jersey State Board of Architects; membership, terms.
Section 45:3-1.1 - Definitions.
Section 45:3-2 - Organization of board; oath; officers; special meetings.
Section 45:3-3 - Rules and regulations; seal; records; compensation and expenses of board members
Section 45:3-4 - Filing names and addresses of officers
Section 45:3-5 - Architects' licenses
Section 45:3-5.1 - Licensed professional engineers may be licensed as architects; examination
Section 45:3-7 - Annual registration fee; forfeiture of certificate for nonpayment
Section 45:3-10 - Practice of architecture; what constitutes; exceptions
Section 45:3-16 - Account and report of receipts and expenditures
Section 45:3-17 - Offering of architectural services; requirements.
Section 45:3-18 - Certificate of authorization to offer architectural services
Section 45:3-19 - Application for certificate of authorization, renewal
Section 45:3-20 - Records maintained by licensee
Section 45:3-21 - Rules, regulations
Section 45:3-22 - Responsibility of corporation
Section 45:3-23 - Powers, duties of board
Section 45:3-25 - Biennial license renewal; continuing education
Section 45:3-26 - Duties of State Board of Architects relative to continuing education
Section 45:3-27 - Completion of continuing education; proof submission
Section 45:3-28 - Waiver of continuing education requirements
Section 45:3-30 - Continuing education requirement; conditions
Section 45:3-31 - Short title.
Section 45:3-32 - Certification required for "certified interior designer."
Section 45:3-33 - Definitions relative to certification of interior designers.
Section 45:3-34 - Construction of act relative to certain professions.
Section 45:3-35 - Interior Design Examination and Evaluation Committee.
Section 45:3-36 - Organization, meetings, schedule of committee.
Section 45:3-37 - Duties, authority of committee.
Section 45:3-38 - Application procedure for certification.
Section 45:3-39 - Review of application.
Section 45:3-40 - Exemption from examination.
Section 45:3-42 - Certification without examination.
Section 45:3-43 - Issuance of certificate.
Section 45:3-44 - Expiration, renewal of certificate.
Section 45:3-45 - Construction of act relative to interior design services.
Section 45:3-46 - Construction of act relative to uncertified interior designers.
Section 45:3A-1 - Use of title; necessity of license; display.
Section 45:3A-2 - Definitions.
Section 45:3A-3 - Construction of act; local government policy, action.
Section 45:3A-6 - Review of courses of study, records kept by board.
Section 45:3A-7 - Application; contents.
Section 45:3A-8 - Qualifications.
Section 45:3A-10 - Examination.
Section 45:3A-11 - Review of applications by board, issuance of license.
Section 45:3A-12 - Issuance of duplicate license; recording, fee.
Section 45:3A-13 - Seal; contents; signing and sealing documents.
Section 45:3A-15 - Continuing education requirement.
Section 45:3A-16 - Issuance of certificate of authorization to certain corporations.
Section 45:3A-17 - Transfer of jurisdiction, powers, duties, responsibilities.
Section 45:3B-1 - Legislative findings and declarations
Section 45:3B-2 - Definitions.
Section 45:3B-3 - Audiology and speech-language pathology advisory committee; creation
Section 45:3B-4 - Members; appointment; qualifications
Section 45:3B-5 - Terms of office; vacancies
Section 45:3B-6 - Oath; officers; meetings
Section 45:3B-7 - Powers and duties
Section 45:3B-8 - License; eligibility and qualifications
Section 45:3B-9 - Issuance; duration; renewal
Section 45:3B-12 - Provisional licenses
Section 45:3B-13 - Reciprocity
Section 45:3B-14 - Temporary license
Section 45:3B-15 - Prohibition of representation as practitioner by unlicensed person
Section 45:3B-16 - Practice without licensure if licensed practitioners employed
Section 45:3B-17 - Inapplicability of act to certain activities and services
Section 45:3B-18 - Continuing education requirements
Section 45:3B-19 - Names and office addresses; notice to director; lists
Section 45:3B-20 - Fees; limitations; disposition of revenues
Section 45:3B-22 - Restoration after revocation
Section 45:3B-23 - Violations; penalties; enforcement
Section 45:3B-24 - Regulations
Section 45:3B-25 - Audiologists, certain, permitted to dispense, fit hearing aids.
Section 45:4B-2 - Findings, declarations
Section 45:4B-3 - Definitions.
Section 45:4B-4 - Joint Committee of Architects and Engineers.
Section 45:4B-5 - Powers, duties of joint committee
Section 45:4B-6 - Referral of complaint, question, controversy to joint committee
Section 45:4B-7 - Classification of buildings, structures
Section 45:4B-8 - Licensed architect; contracts for services; conditions
Section 45:4B-9 - Professional engineer; contracts for services; conditions
Section 45:4B-10 - Architect to design engineering systems; conditions
Section 45:4B-11 - Licensee to maintain records
Section 45:4B-12 - Engineers may perform building design services, not architectural services
Section 45:4B-13 - Architects may perform works facilities design, not engineering services
Section 45:4B-14 - Violation of act deemed professional misconduct
Section 45:5-1 - Degree, abbreviation.
Section 45:5-3 - Applicants for examination; qualifications in general.
Section 45:5-4 - Qualifications after January 1, 1934.
Section 45:5-5 - Qualifications after January 1, 1938.
Section 45:5-5.1 - Educational requirements; internship.
Section 45:5-6 - Preliminary investigation of applicant; examination fee
Section 45:5-7 - Examinations; licensing; license; definitions; display of license.
Section 45:5-11 - Unlawful acts; penalty; display of name; recovery of penalties.
Section 45:5-11.1 - Administration of physical modalities to patients by employees of podiatrists
Section 45:5-17 - Restraining unlawful practice; inapplicable to spiritual or religious healers.
Section 45:5-18 - Partial invalidity
Section 45:5-20 - Services considered as medical or surgical under Workers' Compensation Act.
Section 45:5A-2 - Definitions.
Section 45:5A-3 - Board of examiners; creation; membership; qualifications; terms; vacancies
Section 45:5A-4 - Compensation; traveling expenses
Section 45:5A-5 - Organization of board; appointment of assistants; incurring of expenses
Section 45:5A-6 - Rules and regulations
Section 45:5A-8 - Record of proceedings; register of license applications; contents
Section 45:5A-9.1 - Electrical contractors, letter of credit, liability insurance required
Section 45:5A-11 - Issuance of licenses and business permits by board
Section 45:5A-11.1 - Registration as qualified journeyman electrician.
Section 45:5A-11.3 - Register of applications.
Section 45:5A-11.4 - Continuing education required for license renewal.
Section 45:5A-11.5 - Waiver of continuing education requirements.