N.J. Admin. Code § 13:35-6.22

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

Section 13:35-6.22 - Termination of licensee-patient relationship

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

"Emergency care or service" means the provision of medical care or services to an individual in circumstances where the individual's life or health may be threatened or compromised unless timely medical care is provided.

"Licensee" means any person licensed or authorized to engage in a health care profession regulated by the Board of Medical Examiners.

"Licensee-patient relationship" means an association between a licensee and patient wherein the licensee owes a continuing duty to the patient to be available to render professional services consistent with his or her training, experience and current scope of practice.

"Patient" means any person who is the recipient of a professional service rendered by a licensee for purposes of diagnosis, treatment or a consultation relating to treatment.

(b) The licensee-patient relationship shall be deemed to exist where the licensee has provided services to the patient within one year preceding the date on which care is to be terminated or in such other circumstances where a patient has indicated to the licensee that the patient anticipates that the licensee will provide continued professional services to the patient.

(c) In order to terminate a licensee-patient relationship, a licensee shall:

1. Notify the patient, in writing, that the licensee shall no longer provide care to the patient as of a date certain. The notification required by this paragraph shall be made no less than 30 days prior to the date on which care is to be terminated, and shall be made by certified mail, return receipt requested, or other proof of delivery, sent to the patient's last known address;

2. Provide all necessary emergency care or services, including the provision of necessary prescriptions, until the date on which services are terminated. The provision of any such emergency care or services shall not be deemed to manifest any intention to reestablish a licensee-patient relationship; and

3. Comply with all requirements set forth in 13:35-6.5 for access to and transfer of patient records.

(d) Notwithstanding (c) above, a licensee shall not terminate a licensee-patient relationship in the following circumstances:

1. Where to do so would be for any discriminatory purpose and/or would violate any laws or rules prohibiting discrimination; or

2. Where the licensee knows, or reasonably should know, that no other licensee is currently able to provide the type of care or services that the licensee is providing to the patient.

(e) A licensee need not comply with the requirements set forth in (c)1 above if:

1. The licensee-patient relationship has been terminated by the patient as evidenced by conduct manifesting a deliberate intention to terminate the relationship; or

2. The reason for the termination of an ongoing licensee-patient relationship is because the licensee has discontinued providing services to a particular managed care provider or health maintenance organization, in which the patient is enrolled and such managed care provider or HMO has discharged its notice obligation pursuant to N.J.S.A. 26:2S-5a(1).

(f) When requested by the patient, the licensee shall make reasonable efforts to assist the patient in obtaining medical services from another licensee qualified to meet the patient's medical needs. These efforts may include, but are not limited to, providing referrals to the patient.

N.J. Admin. Code § 13:35-6.22

New Rule, R.2000 d.399, effective 10/2/2000.
See: 31 N.J.R. 2452(a), 32 N.J.R. 3574(b).
Amended by R.2011 d.155, effective 6/6/2011.
See: 42 N.J.R. 1310(a), 43 N.J.R. 1359(b).
In (c)1, inserted "or other proof of delivery,".