BOARD OF MEDICAL EXAMINERS LAW AND PUBLIC SAFETY
Chapter 35 Page 185 of 440 Last Revision Date: 5/06/2024
health care service in which he or she has a significant beneficial interest as defined in
N.J.A.C. 13:35-6.17(a)5, to which he or she refers patients, shall assure that professional
justification for the referred service is documented in the patient record maintained at
that entity. Referred services include but are not limited to prescriptions for devices such
as hearing aids, eyeglasses, intraocular lenses, requests for radiologic studies, etc.
Referral of patients is now limited to the exceptions set forth in N.J.S.A. 45:9-22.4 as
amended.
Acceptable professional practice forms are as follows:
1)
Solo: A practitioner may practice solo and/or may employ or otherwise remunerate
other licensed practitioners to render professional services within the scope of
practice of each employee's license, but which scope shall not exceed that of the
employer's license. The practitioner may employ ancillary non-licensed staff in
accordance with Board rules, if any, and accepted standards of practice.
2)
Partnership, professional association or limited liability company: A practitioner may
practice in a partnership, professional association, or limited liability company, but
such entity shall be composed solely of health care professionals, each of whom is
duly licensed or otherwise authorized to render the same or closely allied
professional service within this State. A limited liability company means a limited
liability company formed under the laws of this State, pursuant to the New Jersey
Limited Liability Company Act, N.J.S.A. 42:2B-1 et seq., except where inconsistent
with these rules. A practitioner who is a member, employee, agent, or representative
of the limited liability company shall remain personally responsible for his or her own
negligence, wrongful acts, or misconduct, and that of any person under his or her
direct supervision and control while rendering professional services on behalf of the
limited liability company in this State to the person for whom such professional
service was being rendered. The professional services offered by each practitioner,
whether a partner, member or shareholder, shall be the same or in a closely allied
medical or professional health care field. For the purpose of this rule, closely allied
fields, pursuant to the Professional Service Corporation Act, N.J.S.A. 14A: 17-1 et
seq., shall be deemed to include the health care professions licensed by the State
Professional Boards under the Division of Consumer Affairs, for example,
chiropractic, dentistry, nursing, nurse midwifery, optometry, physical therapy,
podiatry, psychology, social work, etc. If the scope of practice authorized by law for
each such person differs, any document used in connection with professional
practice including, but not limited to, professional stationery, business cards,
advertisements or listings and bills, shall designate the field to which such person's
practice is limited. Prescriptions shall list only those practitioners authorized by law to
prescribe; shall designate the practice of each listed prescriber as required by
N.J.A.C. 13:35-6.1; and shall comply with the data requirements of N.J.A.C. 13:35-
6.6.