N.J. Admin. Code § 13:42-10.13

Current through Register Vol. 56, No. 18, September 16, 2024

Section 13:42-10.13 - Conflicts of interest; dual relationships

(a) A licensee shall not refer a client to a health care service in which the licensee has any financial or significant beneficial interest unless the licensee has:

1. Disclosed that he or she has a financial interest; and

2. Provided an alternative referral source.

(b) A licensee shall not prescribe goods or devices which the licensee sells or leases to the client, unless as follows:

1. The goods or devices are an integral part of the professional treatment for that client;

2. The item and its fee (if any) are specified on the billing statement under the licensee's professional office name; and

3. Any fee is set at a level which does not exceed a recoupment of the reasonable actual expense to the licensee for provision of the goods or devices. The burden of justifying the fee shall be on the licensee.

(c) A licensee shall not enter into or continue any treating relationship, or supervisory relationship of another person offering clinical services, in which he or she has any family, personal, financial or beneficial interest other than that arising from the therapist-client relationship. Examples of such relationships include, but are not limited to, spousal-spousal supervision, parent-child supervision, child-parent supervision, intimate partner supervision.

(d) A licensee shall not enter into any dual relationship. Examples of such dual relationships include, but are not limited to, professional treatment of employees, tenants, students, supervisees, close friends or relatives. Entering into any business relationships or paying or bartering for any services provided by any current client shall also be prohibited.

(e) A licensee who recognizes the existence of a conflict of interest or dual relationship shall take action to terminate the conflict or the dual relationship.

(f) A licensee shall not enter into financial arrangements with clients which are likely to impair professional judgment. Improper financial arrangements shall include, but are not limited to, loans (whether borrower or lender) or assumption of liabilities for debt.

(g) A licensee shall not enter into a financial arrangement or any other potentially exploitive relationship with a former client which is likely to be the product of judgment impaired by the former relationship.

N.J. Admin. Code § 13:42-10.13

Amended by R.2000 d.476, effective 12/4/2000.
See: 31 New Jersey Register 3218(a), 32 New Jersey Register 4260(a).
Rewrote (a).
Amended by R.2004 d.140, effective 4/5/2004.
See: 35 New Jersey Register 5039(a), 36 New Jersey Register 1815(a).
Rewrote the section.