New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 39A - STATE BOARD OF PHYSICAL THERAPY
Subchapter 3 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT
Section 13:39A-3.8 - Violative acts; professional misconduct
Universal Citation: NJ Admin Code 13:39A-3.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following acts or practices shall be among those deemed to be violative of N.J.S.A. 45:9-37.1 1 et seq., and to constitute professional misconduct pursuant to 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;
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
13:39A-2.5.
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