N.J. Admin. Code § 11:27-7.2

Current through Register Vol. 57, No. 1, January 6, 2025
Section 11:27-7.2 - Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Board" or "Boards" means the New Jersey State Board of Medical Examiners, New Jersey State Board of Chiropractic Examiners, New Jersey State Board of Dentistry, and New Jersey State Board of Optometrists.

"Bona fide office" means a practice location at which a licensee engages in any activity or provides any service for which possession of a license is statutorily required or otherwise mandated by virtue of the job description, specification or qualifications. A "bona fide office" shall include a private practice setting, at a hospital, educational institution, research facility, governmental agency or a business. The accessibility of a licensee at the practice location to members of the public in person or by telephone shall not be a determinative factor.

"Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance.

"Completely retired" means a licensure status established by a licensee's affirmative election of an inactive status at renewal pursuant to N.J.S.A. 45:1-7.3, or through a submission of other written notice, where authorized by the professional practice act to obtain a certificate of retirement. During the time that a licensee is "completely retired," no practice of the profession, within the meaning of this definition, is authorized, including, but not limited to, the prescribing of medications, if authorized within the scope of practice. Physicians, 65 years or older, without hospital or health maintenance organization affiliation, holding a reduced fee license, issued pursuant to N.J.S.A. 45:9-19.16, shall be deemed active licensees and shall not be deemed "completely retired."

"Department" means the New Jersey Department of Banking and Insurance.

"Fund" means the Medical Malpractice Liability Insurance Premium Assistance Fund established pursuant to N.J.S.A. 17:30D-29.

"Health care provider" is as defined at N.J.S.A. 17:30D-28.

"Joint insurance fund" means a fund formed by two or more entities to provide liability insurance coverage pursuant to N.J.S.A. 17:49A-1 et seq., 18A:18B-1 et seq., 18A:18B-25.3 3 et seq., or 40A:10-36 et seq.

"Licensee" means an individual licensed by a Board.

"Practitioner" is as defined at N.J.S.A. 17:30D-28.

"Qualifying increase" means an increase in medical malpractice liability insurance premiums paid by a practitioner or the self-insured funding obligation of a health care provider eligible to receive a subsidy from the Fund determined by the Commissioner pursuant to N.J.A.C. 11:27-7.5.

"Risk retention group" is as defined at N.J.S.A. 17:47A-2.

"Statutorily or constitutionally barred from practice" means a licensure status, including those whose licenses have been revoked or actively suspended by a disciplinary order of the Board or suspended by operation of N.J.S.A. 45:1-7.1, for failing to timely renew a license after its expiration.

N.J. Admin. Code § 11:27-7.2

Special adopted changes R.2005 d.186, effective 6/20/2005.
See: 36 New Jersey Register 5970(a), 37 New Jersey Register 2207(a).
In "'Board' or 'Boards'" substituted "Optometrists" for "Optometry".