N.J. Admin. Code § 13:35-6.11

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

Section 13:35-6.11 - Excessive fees

(a) The Board of Medical Examiners shall review information and complaints concerning allegations of excessive fees charged by licensees of the Board and may establish Excessive Fee Review Committees to perform various aspects of the review function. This regulation is not intended to impinge upon the strong public policy in favor of a competitive, free enterprise economy embodied in the antitrust laws of the United States and of this State. Excessive Fee Review Committees shall consider comparable fees charged by licensees not under inquiry only to the minimum extent necessary to render a determination as to whether a fee is excessive.

(b) A licensee of the Board of Medical Examiners shall not charge an excessive fee for services. A fee is excessive when, after a review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the fee is so high as to be manifestly unconscionable or overreaching under the circumstances.

(c) Factors which may be considered in determining whether a fee is excessive include, but are not limited to, the following:

1. The time and effort required;

2. The novelty and difficulty of the procedure or treatment;

3. The skill required to perform the procedure or treatment properly;

4. Any requirements or conditions imposed by the patient or by the circumstances;

5. The nature and length of the professional relationship with the patient;

6. The experience, reputation and ability of the licensee performing the services;

7. The nature and circumstances under which services are provided. Unless services are provided during an emergency or other circumstances where opportunity, custom and practice will preclude discussion prior to the rendition of such services, the licensee shall, in advance of providing services, specify or discuss and agree with the patient, the fee or basis for determination of the fee to be charged.

(d) Charging an excessive fee in violation of (b) above shall constitute professional misconduct subjecting the licensee to disciplinary action by the Board of Medical Examiners.

N.J. Admin. Code § 13:35-6.11

Amended by R.1989 d.532, effective 10/16/1989.
See: 21 N.J.R. 2226(b), 21 N.J.R. 3307(a).
(c)4 deleted, 5-8 recodified to 4-7.