VOLUME 33, NUMBER 8
MONDAY, APRIL 16, 2001
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MEDICAL EXAMINERS
NOTICE OF ADMINISTRATIVE CORRECTIONS AND CHANGES
DETERMINATIONS WITH RESPECT TO THE VALIDITY OF CERTAIN
Additions to proposals are indicated
by <<+ Text +>>; deletions from
proposals are indicated by <<- Text ->>.
Changes in tables are made but not highlighted.
Take notice that the State Board of
Medical Examiners has discovered typographic errors in
the text of N.J.A.C. 13:35-2.6(j)2 and (m)3, adopted effective
February 20, 2001 at 33 N.J.R. 670(a). Both errors arise
as inadvertent differences between the published text
and the adopted provisions as submitted to, and processed
for publication by, the Office of Administrative Law (see R.2001 d.43). In paragraph (j)2, the word "examine"
should be "examinee," and, in paragraph (m)3,
the word "required" should be "requested."
Take further notice that the State Board
of Medical Examiners has requested, and the Office of
Administrative Law has agreed to permit, administrative
changes to the text of N.J.A.C. 13:35-2.6(c)2iii and vii.
In subparagraph (c)2iii, the term "nerve condition
velocity" should be "nerve conduction velocity."
The listed acronym "NCV" for this diagnostic
text is recognized in the medical community as standing
for "nerve conduction velocity"; there is no
"nerve condition velocity" diagnostic test.
In subparagraph (c)2vii, the term "intra-abnormal
bleeding" should be "intra- abdominal bleeding."
Linguistically, "intra-abnormal" (literally,
"within deviating from the normal") is of questionable
meaning, and is logically unconnected to "bleeding."
However, as the sentence in which the term appears concerns
diagnostic tests that can be used to evaluate the abdomen
and pelvis for bleeding, "intra-abdominal" readily
appears as a logical descriptive of the type of bleeding.
This notice of administrative corrections
and changes is published pursuant to N.J.A.C. 1:30-2.7.
Full text of the corrected and changed
<< NJ ADC 13:35-2.6 >>
13:35-2.6 Medical standards governing
screening and diagnostic medical testing offices; determinations
with respect to the validity of certain diagnostic tests
(a)-(b) (No change.)
(c) A practitioner qualified pursuant
to (b) above to perform a diagnostic test may charge the
patient or bill a third party payor for that test, except
1. (No change.)
2. The practitioner may bill for any
of the following diagnostic tests which can yield data
of sufficient clinical value in the development evaluation
or implementation of a plan of treatment, when clinically
supported, subject to the limitations relating to timing,
frequency and manner as follows:
i.-ii. (No change.)
iii. Somasensory evoked potential (SSEP),
visual evoked potential (VEP), brain audio evoked potential
(BAEP), or brain evoked potential (BEP), nerve <<-condition->>
<<+conduction+>> velocity (NCV) and H-reflex
Study when used to evaluate neuropathies and/or signs
of atrophy, but not within 21 days following the traumatic
iv.-vi. (No change.)
vii. Sonograms/ultrasound when used
in the acute phase to evaluate the abdomen and pelvis
for <<-intra-abnormal->> <<+intra-abdominal+>>
bleeding. These tests are not normally used to assess
joints (knee and elbow) because other tests are more appropriate.
Where MRI is performed, sonograms/ultrasound are not necessary.
These tests should not be used to evaluate TMJD. However,
echocardiogram is appropriate in the evaluation of possible
cardiac injuries when clinically supported.
3.-4. (No change.)
(d)-(i) (No change.)
(j) A practitioner designated to be
responsible for the management of a screening office not
licensed by the Department of Health and Senior Services
(DOHSS) shall ensure that reports with respect to screening
tests which yield abnormal results are prepared in writing,
include clear direction as to necessary follow-up, and
are issued within three business days from the date of
receipt of the report by the testing entity.
1. (No change.)
2. With respect to any abnormality
warranting follow-up care, the referring practitioner
shall be contacted in writing, and, if immediate follow-up
care is clinically indicated, shall additionally be contacted
promptly by other means (which may be a verbal communication
contemporaneously documented in the examinee record) to
insure notification to the <<-examine->> <<+
3.-5. (No change.)
(k)-(l) (No change.)
(m) Any practitioner, in any location,
whether or not licensed by DOHSS, accepting a referral
for the performance of a diagnostic test, except with
respect to emergency care, shall:
1.-2. (No change.)
3. Institute a procedure to assure
that sufficient clinical data has been provided to justify
the <<-required->> <<+requested+>>
4.-8. (No change.)
(n)-(s) (No change.)