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NEW JERSEY REGISTER
VOLUME 33, NUMBER 8
MONDAY, APRIL 16, 2001

RULE ADOPTION
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 DIAGNOSTIC TESTS
 

Additions to proposals are indicated by <<+ Text +>>; deletions from
proposals are indicated by <<- Text ->>.
Changes in tables are made but not highlighted.
 

N.J.A.C. 13:35-2.6

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 rule follows: 

<< 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 that: 

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 injury. 

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->> <<+ examinee+>>; 

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+>> test; 

4.-8. (No change.) 

(n)-(s) (No change.)

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