N.J. Admin. Code § 13:35-3.2 - Licensure by reciprocity
(a) Upon receipt of
a completed application, application fee, consent to a criminal history record
background check, and requisite fee for such a check, the Board shall issue a
license to any person who holds a valid, current license in good standing
issued by another state, if:
1. The Board
determines that the state that issued the license has, or had at the time of
issuance, education, training, and examination requirements for licensure
substantially equivalent to the current Board standards;
2. The applicant has been practicing medicine
or surgery or podiatry for a period of at least two years within the five years
prior to the date of application; and
3. The requirements at (b) below are
satisfied.
(b) Prior to
the issuance of the license, the Board shall have received:
1. Documentation from any state in which the
applicant is, or was ever, licensed that the applicant's license(s) is in good
standing;
2. Results of a criminal
history record background check of the files of the Criminal Justice
Information Services Division in the Federal Bureau of Investigation and the
State Bureau of Identification in the Division of State Police that do not
disclose a conviction for a disqualifying crime; and
3. Designation of an agent in New Jersey for
service of process, if the applicant is not a New Jersey resident and does not
have an office in New Jersey.
(c) For purposes of this section, "good
standing" means that:
1. No action has been
taken against the applicant's license by any licensing board;
2. No action adversely affecting the
applicant's privileges to practice medicine or surgery or podiatry has been
taken by any out-of-State institution, organization, or employer;
3. No disciplinary proceeding is pending that
could affect the applicant's privileges to practice medicine or surgery or
podiatry;
4. All fines levied by
any out-of-State board have been paid; and
5. There is no pending or final action by any
criminal authority for violation of law, rule, or regulation, or any arrest or
conviction for any criminal or quasi-criminal offense under the laws of the
United States, New Jersey, or any other state, including: criminal homicide;
aggravated assault; sexual assault, criminal sexual contact, or lewdness; or
any offense involving any controlled dangerous substance or controlled
dangerous substance analog.
(d) For purposes of this section,
"substantially equivalent" examination requirements need not be identical to
the current examination requirements of New Jersey, but such examination
requirements shall be nationally recognized and of comparable scope and
rigor.
(e) The Board will consider
an applicant's experience to compensate for disparity in substantial
equivalence in education and examination requirements at (a) above.
(f) The Board may grant a license to an
applicant seeking reciprocity who does not meet the good standing requirements
at (a) due to any of the following, provided the alleged conduct of the
applicant does not demonstrate a serious inability to practice medicine or
surgery or podiatry; did not adversely affect the public health, safety, or
welfare; did not result in economic or physical harm to a person; and did not
create a significant threat of such harm or adverse effect:
1. A pending action by a licensing
board;
2. A pending action by an
out-of-State institution, organization, or employer affecting the applicant's
privileges to practice;
3. A
pending disciplinary proceeding; or
4. A pending criminal charge or arrest for a
crime.
(g) If, within six
months after the issuance of the license, the Board has not received
documentation verifying the person's education, training, and examination
results, the Board shall, after the licensee has been given notice and an
opportunity to be heard, revoke the license.
(h) The Board, after the licensee has been
given notice and an opportunity to be heard, may revoke any license determined
by the Board to have be issued based on licensure obtained in another state
through fraud, deception, or misrepresentation.
Notes
See: 17 New Jersey Register 561(a), 17 New Jersey Register 1131(c).
Added text: "in an examination ... a five year period."
Amended by R.1989 d.532, effective
See: 21 New Jersey Register 2226(b), 21 New Jersey Register 3307(a).
Deleted reference to specific statute.
Amended by R.1994 d.522, effective
See: 26 New Jersey Register 2526(a), 26 New Jersey Register 4195(a).
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