N.J. Admin. Code § 13:39A-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:39A-4.1 - Acts amounting to unlicensed practice

(a) For the purpose of the Board's construction of N.J.S.A. 45:9-37.1 0, 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 45:5-7) , even if that person has been instructed or directed 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.

N.J. Admin. Code § 13:39A-4.1

Amended by R.2001 d.239, effective 7/16/2001.
See: 33 N.J.R. 1309(a), 33 N.J.R. 2483(a).
In (a)1, inserted ", evaluation," preceding "instruction" and inserted "D.D.S. or D.M. D." following "D.P.M."; in (a)2, inserted "D.D.S. or D.M. D." following "D.P.M." and substituted "therapist" for "therapy" preceding "assistant"; in (a)3, inserted "dentistry" preceding "or podiatry".
Amended by R.2007 d.21, effective 1/16/2007.
See: 38 N.J.R. 2990(a), 39 N.J.R. 222(a).
In (a)1 and (a)2, inserted "licensed" four times; in (a)2, inserted a comma following "agents" and substituted "intervention" for "treatment".