13:37A-4.4 WAIVER OF CONTINUING EDUCATION REQUIREMENTS a) The Board may waive the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service. 1. A licensee seeking a waiver of the continuing education requirements shall apply to the Board in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensee shall provide the Board with supplemental materials that support the request for waiver. 2. A waiver of continuing education requirements granted pursuant to this subsection shall be effective only for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver continue(s) into the next biennial period, a licensee shall apply to the Board for the renewal of such waiver for the new biennial period. 13:37A-4.5 ADDITIONAL CONTINUING EDUCATION REQUIREMENTS a) The Board may direct or order a licensee to complete continuing education credit hours: 1. As part of a disciplinary or remedial measure in addition to the required 20 hours of continuing education; or 2. To correct a deficiency in the licensee's continuing education requirements. b) Any continuing education credit hours completed by the licensee in compliance with an order or directive from the Board as set forth in (a) above shall not be used to satisfy the minimum continuing education requirements as set forth in this subchapter.
3. Authorship of a published textbook or a chapter of a textbook directly related to the practice of massage and bodywork therapy; four credit hours for each chapter up to 20 credit hours; 4. Authorship of a published article, which has been refereed through peer review, related to the practice of massage and bodywork therapy, in a medical or health related journal; four credit hours; and 5. Presenting a new seminar or lecture to professional peers, provided the seminar or lecture is at least one hour long; as used in this paragraph, “new” means that the licensee has never presented the seminar or lecture before; one credit hour for each hour of presentation. 13:37A-4.3 CONTINUING EDUCATION AUDITS; RECORDS OF CONTINUING EDUCATION a) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements. b) A licensee shall maintain the following documentation for a period of four years after completion of the credit hours and shall submit such documentation to the Board upon request: 1. For attendance at programs or courses: a certificate of completion from the sponsor; 2. For publication of textbook or article: the published item, including the date of publication; 3. For developing curriculum or teaching a course or program: documentation, including a copy of the curriculum, location, date and time of course, duration of course by hour, and letter from sponsor confirming that the licensee developed or taught the course or program; and 4. For presenting a lecture or seminar: documentation including the location, date and duration of the lecture or seminar. Subchapter 5. Business Practices 13:37A-5.1 ADVERTISING AND SOLICITATION PRACTICES a) A licensee may provide information to the public by advertising in print or electronic media pursuant to this section. b) The following words and terms, when used in this section, shall have the following meanings: “Advertisement” means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services from a licensee. “Electronic media” means radio, telephone, television, and internet. “Print media” means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, business cards, matchcovers and other similar items, documents or comparable publications. c) A licensee who engages in the use of advertising that contains any of the following shall be deemed to be engaged in professional misconduct: 1. Any statement, claim or format which is false, fraudulent, misleading or deceptive; 2. Any promotion of a professional service for which: i. The licensee has not received education or training to perform; or
ii. The licensee claims to have developed,
unless the licensee developed such service and it is taught, or has been taught, in a course offered by a provider approved by the NCBTMB, NCCAOM, American Massage Therapy Association (AMTA) Associated Bodywork and Massage Professionals (ABMP) FSMTB, American Nurse Credentialing Center (ANCC), American Organization for Bodywork Therapies of Asia (AOBTA), American Polarity Therapy Association (APTA), American Physical Therapy Association (APTA), American Medical Association (AMA), International Association of Structural Integrators (IASI), Ida P. Rolf Research Foundation, a state board of massage, a state board of massage and bodywork, a state board of physical therapy or a state board of chiropractic;
3. The communication of any fact, data or information which may personally identify a client without that client’s signed written permission obtained in advance; or 4. Any offer to provide services that would qualify as sexual misconduct pursuant to N.J.A.C. 13:37A- 3.5. d) The Board may require a licensee to substantiate the truthfulness of any assertion or representation in an advertisement. Failure of a licensee to provide factual substantiation to support a representation or
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