N.J. Admin. Code § 13:35-3.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:35-3.2 - Licensure by reciprocity

(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who holds a valid, current license in good standing issued by another state, if:

1. The Board determines that the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;

2. The applicant has been practicing medicine or surgery or podiatry for a period of at least two years within the five years prior to the date of application; and

3. The requirements at (b) below are satisfied.

(b) Prior to the issuance of the license, the Board shall have received:

1. Documentation from any state in which the applicant is, or was ever, licensed that the applicant's license(s) is in good standing;

2. Results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police that do not disclose a conviction for a disqualifying crime; and

3. Designation of an agent in New Jersey for service of process, if the applicant is not a New Jersey resident and does not have an office in New Jersey.

(c) For purposes of this section, "good standing" means that:

1. No action has been taken against the applicant's license by any licensing board;

2. No action adversely affecting the applicant's privileges to practice medicine or surgery or podiatry has been taken by any out-of-State institution, organization, or employer;

3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice medicine or surgery or podiatry;

4. All fines levied by any out-of-State board have been paid; and

5. There is no pending or final action by any criminal authority for violation of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.

(d) For purposes of this section, "substantially equivalent" examination requirements need not be identical to the current examination requirements of New Jersey, but such examination requirements shall be nationally recognized and of comparable scope and rigor.

(e) The Board will consider an applicant's experience to compensate for disparity in substantial equivalence in education and examination requirements at (a) above.

(f) The Board may grant a license to an applicant seeking reciprocity who does not meet the good standing requirements at (a) due to any of the following, provided the alleged conduct of the applicant does not demonstrate a serious inability to practice medicine or surgery or podiatry; did not adversely affect the public health, safety, or welfare; did not result in economic or physical harm to a person; and did not create a significant threat of such harm or adverse effect:

1. A pending action by a licensing board;

2. A pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice;

3. A pending disciplinary proceeding; or

4. A pending criminal charge or arrest for a crime.

(g) If, within six months after the issuance of the license, the Board has not received documentation verifying the person's education, training, and examination results, the Board shall, after the licensee has been given notice and an opportunity to be heard, revoke the license.

(h) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license determined by the Board to have be issued based on licensure obtained in another state through fraud, deception, or misrepresentation.

N.J. Admin. Code § 13:35-3.2

Amended by R.1985 d.224, effective 5/6/1985.
See: 17 New Jersey Register 561(a), 17 New Jersey Register 1131(c).
Added text: "in an examination ... a five year period."
Amended by R.1989 d.532, effective 10/16/1989.
See: 21 New Jersey Register 2226(b), 21 New Jersey Register 3307(a).
Deleted reference to specific statute.
Amended by R.1994 d.522, effective 10/17/1994.
See: 26 New Jersey Register 2526(a), 26 New Jersey Register 4195(a).

Amended by 55 N.J.R. 2136(a), effective 10/2/2023