45:9-41.23 Duties of the board.

561 words·~3 min read·/nj/title-45/chapter-9/45-9-41-23

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

7. The board shall:

a. Appoint and prescribe the duties of an executive secretary. The executive secretary shall serve at its pleasure;

b. Review the qualifications of applicants for initial licensure, or licensure renewal, reactivation, or reinstatement. The review of qualifications shall include a review of the results from the submission of fingerprints required of each applicant pursuant to section 3 of P.L.2002, c.104 (C.45:1-30) and of each applicant in the National Practitioner Data Bank to ensure, at a minimum, that no information demonstrates an applicant has been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2, N.J.S.2C:14-3, and N.J.S.2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph

(1)of subsection a. of N.J.S.2C:24-4, attempting to lure or entice a child pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6), or equivalent offenses in another jurisdiction;

c. Insure the proper conduct and standards of examinations;

d. Issue, renew, reactivate or reinstate licenses for chiropractors pursuant to this act, R.S.45:9-14.5, R.S.45:9-14.6 and R.S.45:9-14.10, P.L.1953, c.233 (C.45:9-41.5 et al.), and chiropractic assistants pursuant to sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.);

e. Refuse to admit a person to an examination, or refuse to issue a license, or suspend, revoke or fail to renew, reactivate or reinstate the license of a chiropractor or chiropractic assistant pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.) or if an applicant, chiropractor, or chiropractic assistant is found to have been convicted of sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2, N.J.S.2C:14-3, and N.J.S.2C:14-4 that is of the first, second, third or fourth degree, endangering the welfare of a child pursuant to paragraph

(1)of subsection a. of N.J.S.2C:24-4, attempting to lure or entice a child pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6), or equivalent offenses in another jurisdiction through utilization of the continuous query function in the National Practitioner Data Bank or review of the results from the submission of fingerprints required of the applicant pursuant to section 3 of P.L.2002, c.104 (C.45:1-30), or any other means;

f. Maintain a record of chiropractors and chiropractic assistants licensed in this State, their places of business, places of residence and the date and number of their licenses;

g. Prescribe or change the charges for examinations, licensures, renewals and other services it performs pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.) and sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.);

h. Establish standards pursuant to which a chiropractor shall maintain medical malpractice liability insurance coverage, at appropriate amounts, as set forth in regulations; and

i. Adopt and promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act, R.S.45:9-14.5, R.S.45:9-14.6 and R.S.45:9-14.10, and sections 5 through 8 of P.L.2015, c.283 (C.45:9-41.33 et seq.), and P.L.1953, c.233 (C.45:9-41.5 et al.).

j. Nothing in this section shall preclude the board from considering criminal convictions for offenses other than those offenses included in subsections a. and b. of this section, pursuant to section 8 of P.L.1978, c.73 (C.45:1-21), or from considering other information provided by the National Practitioner Data Bank or any other source when reviewing an applicant's qualifications for licensure as authorized pursuant to this section.

L.1989, c.153, s.7; amended 2009, c.322, s.10; 2015, c.283, s.2; 2021, c.345, s.2.