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NE W JE R S E Y AD M I N I S T R AT I V E CO D E
TI T L E 13
LA W A N D PU B L I C SA F E T Y
CH A P T E R 34
BO A R D O F MA R R I A G E A N D FA M I LY
TH E R A P Y E X A M I N E R S
_________________
SU B C H A P T E R S 10-31
PR O F E S S I O N A L CO U N S E L O R EX A M I N E R S
CO M M I T T E E
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CHAPTER TABLE OF CONTENTS
SUBCHAPTER 10. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND
SCOPE; DEFINITIONS; SCOPE OF PRACTICE .................................................................................6
13:34-10.1 Purpose and scope ................................................................................................................. 6
13:34-10.2 Definitions ............................................................................................................................. 6
13:34-10.3 Scope of practice; professional counselor and associate counselor ........................................ 9
SUBCHAPTER 11. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION
PROCEDURE; DEFINITIONS .......................................................................................................10
13:34-11.1 (Reserved) ........................................................................................................................... 10
13:34-11.2 Professional counselor: application and educational requirements ...................................... 10
13:34-11.3 Professional counselor: experience requirements ................................................................ 12
13:34-11.4 Professional counselor: examination requirements .............................................................. 13
13:34-11.5 Associate counselor: application and educational requirements .......................................... 13
13:34-11.6 Associate counselor: examination requirements .................................................................. 16
13:34-11.7 Payment of licensing fee; abandonment of application ........................................................ 16
13:34-11.8 Professional counselor: credit towards licensure for education, training, and experience
received while serving as a member of the Armed Forces ...................................................................... 17
13:34-11.9 Associate counselor: credit towards licensure for education, training, and experience
received while serving as a member of the Armed Forces ...................................................................... 18
SUBCHAPTER 12. PROFESSIONAL COUNSELORS: LICENSURE BY ENDORSEMENT .....................19
13:34-12.1 Licensure by endorsement ................................................................................................... 19
SUBCHAPTER 13. ASSOCIATE COUNSELORS: SUPERVISION ......................................................21
13:34-13.1 Supervisor qualifications; supervisor responsibilities ............................................................ 21
13:34-13.2 Responsibilities of licensed associate counselors.................................................................. 24
13:34-13.3 Supervised professional counseling experience acquired prior to application ....................... 24
13:34-13.4 (Reserved) ........................................................................................................................... 25
SUBCHAPTER 14. PROFESSIONAL COUNSELOR SPECIALTY DESIGNATIONS ..............................25
13:34-14.1 Specialty designations .......................................................................................................... 25
13:34-14.2 (Reserved) ........................................................................................................................... 25
SUBCHAPTER 15. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CONTINUING
EDUCATION ..............................................................................................................................25
13:34-15.1 License renewal and continuing education requirement ...................................................... 25
13:34-15.2 Contact-hour requirements for licensed professional counselors ......................................... 26
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13:34-15.3 (Reserved) ........................................................................................................................... 27
13:34-15.4 Approval of courses or programs ......................................................................................... 27
13:34-15.5 Continuing education credits and contact-hour calculation .................................................. 29
13:34-15.6 Documentation of continuing education credit .................................................................... 30
13:34-15.7 Waiver of continuing education requirements ..................................................................... 31
SUBCHAPTER 16. (RESERVED) ...................................................................................................31
SUBCHAPTER 17. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: FEES ............31
13:34-17.1 Fees ..................................................................................................................................... 31
SUBCHAPTER 18. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CLIENT
RECORDS; CONFIDENTIALITY ....................................................................................................32
13:34-18.1 Preparation and maintenance of client records .................................................................... 32
13:34-18.2 Use of personal or other computer to prepare client records ............................................... 34
13:34-18.3 Access to copy of client record ............................................................................................. 35
13:34-18.4 Access by a managed health care plan to information in client record.................................. 36
13:34-18.5 Confidentiality ..................................................................................................................... 36
13:34-18.6 Minors ................................................................................................................................. 38
13:34-18.7 Transfer or disposal of records ............................................................................................. 38
SUBCHAPTER 19. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: GENERAL
OBLIGATIONS OF A LICENSEE ...................................................................................................39
13:34-19.1 Posting of practice authorization and notification of availability of fee information ............. 39
13:34-19.2 Notification of change of address or name; service of process; duty to notify ...................... 39
13:34-19.3 Sexual misconduct ............................................................................................................... 40
13:34-19.4 Real estate arrangements .................................................................................................... 42
13:34-19.5 License renewal ................................................................................................................... 42
13:34-19.6 License reactivation ............................................................................................................. 43
13:34-19.7 License reinstatement.......................................................................................................... 45
SUBCHAPTER 20. REHABILITATION COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE
OF PRACTICE .............................................................................................................................47
13:34-20.1 Purpose and scope ............................................................................................................... 47
13:34-20.2 Definitions ........................................................................................................................... 47
13:34-20.3 Scope of practice; rehabilitation counselor .......................................................................... 50
SUBCHAPTER 21. REHABILITATION COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS ..50
13:34-21.1 (Reserved) ........................................................................................................................... 50
13:34-21.2 Rehabilitation counselor: application and educational requirements ................................... 50
13:34-21.3 Rehabilitation counselor: experience requirements ............................................................. 53
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13:34-21.4 Rehabilitation counselor: examination requirements ........................................................... 53
13:34-21.5 Payment of licensing fee; abandonment of application ........................................................ 54
13:34-21.6 Rehabilitation counselor: credit towards licensure for education, training, and experience
received while serving as a member of the Armed Forces ...................................................................... 54
SUBCHAPTER 22. (RESERVED) ...................................................................................................55
SUBCHAPTER 23. REHABILITATION COUNSELORS: SUPERVISION.............................................56
13:34-23.1 Supervisor qualifications; supervisor responsibilities ............................................................ 56
13:34-23.2 Responsibilities of supervisee .............................................................................................. 58
13:34-23.3 Supervised rehabilitation counseling experience acquired prior to application ..................... 59
13:34-23.4 (Reserved) ........................................................................................................................... 59
SUBCHAPTER 24. REHABILITATION COUNSELORS: CONTINUING EDUCATION .........................59
13:34-24.1 License renewal and continuing education requirement ...................................................... 59
13:34-24.2 Contact-hour requirements for licensed rehabilitation counselors ....................................... 60
13:34-24.3 Approval of courses or programs ......................................................................................... 61
13:34-24.4 Continuing education credits and contact-hour calculation .................................................. 62
13:34-24.5 Documentation of continuing education credit .................................................................... 63
13:34-24.6 Waiver of continuing education requirements ..................................................................... 64
SUBCHAPTER 25. (RESERVED) ...................................................................................................64
SUBCHAPTER 26. REHABILITATION COUNSELORS: FEES ...........................................................64
13:34-26.1 Fees ..................................................................................................................................... 64
SUBCHAPTER 27. REHABILITATION COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY .........65
13:34-27.1 Preparation and maintenance of client records .................................................................... 65
13:34-27.2 Use of personal or other computer to prepare client records ............................................... 67
13:34-27.3 Access to copy of client record ............................................................................................. 68
13:34-27.4 Access by a managed health care plan to information in client record.................................. 69
13:34-27.5 Confidentiality ..................................................................................................................... 69
13:34-27.6 Minors ................................................................................................................................. 71
13:34-27.7 Transfer or disposal of records ............................................................................................. 71
SUBCHAPTER 28. REHABILITATION COUNSELORS: GENERAL OBLIGATIONS OF A LICENSEE ....72
13:34-28.1 Posting of practice authorization and notification of availability of fee information ............. 72
13:34-28.2 Notification of change of address or name; service of process; duty to notify ...................... 72
13:34-28.3 Sexual misconduct ............................................................................................................... 73
13:34-28.4 Real estate arrangements .................................................................................................... 75
13:34-28.5 License renewal ................................................................................................................... 75
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13:34-28.6 License reactivation ............................................................................................................. 76
13:34-28.7 License reinstatement.......................................................................................................... 78
SUBCHAPTER 29. PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND
REHABILITATION COUNSELORS: ADVERTISING ........................................................................80
13:34-29.1 Definitions ........................................................................................................................... 80
13:34-29.2 Advertising; general requirements ....................................................................................... 80
13:34-29.3 Minimum content ................................................................................................................ 81
13:34-29.4 Use of professional credentials and certifications................................................................. 81
13:34-29.5 Prohibited types or methods of advertising .......................................................................... 82
13:34-29.6 Retention of advertisements ................................................................................................ 82
SUBCHAPTER 30. PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND
REHABILITATION COUNSELORS: BUSINESS PRACTICES; PROFESSIONAL CONDUCT .................83
13:34-30.1 Financial arrangements with clients ..................................................................................... 83
13:34-30.2 Clients served by others ....................................................................................................... 83
13:34-30.3 Multiple clients .................................................................................................................... 84
13:34-30.4 Conflicts of interest; dual relationships ................................................................................ 84
13:34-30.5 Termination of services ........................................................................................................ 84
13:34-30.6 Prohibition on solicitation; unethical referrals and kickbacks ............................................... 85
SUBCHAPTER 31. PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS
AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS ................................................85
13:34-31.1 Purpose and scope ............................................................................................................... 85
13:34-31.2 Definitions ........................................................................................................................... 85
13:34-31.3 Qualifications ....................................................................................................................... 86
13:34-31.4 Dual relationships ................................................................................................................ 87
13:34-31.5 Communications .................................................................................................................. 87
13:34-31.6 Required disclosures ............................................................................................................ 88
13:34-31.7 Fees ..................................................................................................................................... 88
13:34-31.8 Reports and recommendations ............................................................................................ 89
SUBCHAPTER 32. TELEMEDICINE AND TELEHEALTH
..................................................................90
13:34-32.1 Purpose and scope ............................................................................................................... 90
13:34-32.2 Definitions ........................................................................................................................... 90
13:34-32.3 Standard of care .................................................................................................................. 92
13:34-32.4 Licensee-client relationship .................................................................................................. 92
13:34-32.5 Provision of professional counseling or rehabilitation counseling, as applicable, through
telemedicine or telehealth .................................................................................................................... 93
13:34-32.6 Records................................................................................................................................ 95
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13:34-32.7 Prevention of fraud and abuse ............................................................................................. 95
13:34-32.8 Privacy and notice to clients................................................................................................. 96
SUBCHAPT ER 10.
PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELOR S:
PURPOSE AND SCOPE; DEF INIT IONS; SCOPE OF PR ACT ICE
13:34-10.1 PURPOSE AND SCOPE
a) The rules in this subchapter implement the provisions of the Professional Counselor
Licensing Act, P.L. 1993, c.340 (N.J.S.A. 45:8B-34 et seq.) (the "Act") as amended and
supplemented by P.L. 1997, c.155, and regulate the profession of counseling, as defined in
N.J.A.C. 13:34-10.2, within the State of New Jersey.
b) Except as set forth in (c) below, this subchapter shall apply to all individuals who render
counseling services, as defined in N.J.A.C. 13:34-10.2, and to anyone within the jurisdiction
of the Professional Counselor Examiners Committee.
c) This subchapter shall not apply to an individual exempt from the provisions of the Act
pursuant to N.J.S.A. 45:8B-48, including, but not limited to, an individual acting within the
scope of a profession or occupation licensed by this State and doing work of a nature
consistent with the person's training, as long as the person does not hold himself or herself
out to the public as a professional or associate counselor.
13:34-10.2 DEFINITIONS
The following words and terms, as used in N.J.A.C. 13:34-10 through 19, shall have the
following meanings, unless the context clearly indicates otherwise.
"Counseling" means the application of mental health and human development principles in
order to:
1)
Facilitate human development and adjustment throughout the lifespan;
2)
Clinically assess and evaluate, using currently accepted diagnostic classifications
including, but not limited to, the DSM-IV, 4th ed., cl994, and future editions of the
American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders
(DSM), incorporated by reference as amended and supplemented, (obtainable from the
American Psychiatric Publishing, Inc., 1000 Wilson Boulevard, Suite 1825, Arlington, VA
22209-3901), mental, emotional, behavioral and associated distresses which interfere
with mental health and development;
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3)
Conduct assessments and evaluations, within the scope of practice, for the purpose of
establishing goals and objectives; and
4)
Plan, implement and evaluate counseling interventions.
"Counseling interventions" means services specifically implemented in the context of a
professional counseling relationship. Counseling interventions include, but are not limited to,
developmental, preventive, facilitative and crisis intervention.
"Counseling procedures" means methods and techniques that may be performed only by a
licensed professional counselor or a licensed associate counselor under supervision pursuant to
the provisions of N.J.A.C. 13:34-13. Counseling procedures include, but are not limited to, the
following:
1.
Appraisal and assessment, defined as:
i. Selecting, administering, scoring and interpreting instruments designed to assess an
individual's aptitudes, attitudes, abilities, achievements, interests, personal
characteristics, disabilities and mental, emotional and behavioral disorders; and
ii. Using methods and techniques for understanding human behavior in relation to
coping with, adapting to or changing life situations;
2.
Counseling, defined as assisting an individual or group through the counseling
relationship to develop an understanding of intrapersonal and interpersonal problems, to
define goals, to make decisions, to plan a course of action reflecting the client's needs,
interests, and abilities, and to use informational and community resources as these
methods are related to career development and adjustment and to mental, emotional,
social, educational and existential issues;
3.
Consulting, defined as applying scientific principles and procedures in counseling and
human development to provide assistance in understanding and solving current or
potential problems that the client(s) may have in relation to an individual, a group or an
organization;
4.
Referral, defined as evaluating and identifying needs of a client to determine the
advisability of referral to other specialists, informing the client of such judgment and
communicating as requested or deemed appropriate to such referral sources; and
5.
Research, defined as the conduct of qualitative or quantitative investigations into the
nature of human and organizational behavior.
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"Direct supervision" means the ongoing process of supervision by a qualified supervisor who
is immediately available to assist the licensed associate counselor.
"Group supervision" means the ongoing process of supervising no more than six mental
health counselors at one time in a group setting by a qualified supervisor.
"Independent practice of counseling" means providing counseling services in a private-for-
profit setting by a licensed professional counselor or a licensed associate counselor, working
under the direct supervision of a qualified supervisor consistent with the requirements of
N.J.A.C. 13:34-10.3.
"One calendar year" means a maximum of 1,500 hours of supervised counseling experience
over a period of 52 weeks, which is considered full-time or no less than 750 hours of supervised
counseling experience in each of two 52-week periods for a total of 1,500 hours of supervised
counseling experience, which is considered part-time. No more than 30 hours of supervised
counseling experience shall be obtained in any one week. No more than 125 hours of
supervised counseling experience shall be earned in any one month.
"Professional counseling experience" means the rendering of professional counseling
services while under the direct supervision of a qualified supervisor.
"Professional counseling services" means the application of mental health and human
development principles in order to facilitate human development and adjustment throughout the
lifespan; clinically assess and evaluate mental, emotional and associated distresses, which
interfere with mental health and development; conduct assessments and evaluations for the
purpose of establishing goals and objectives; and plan, implement and evaluate counseling
interventions.
"Qualified supervisor" means an individual who holds a clinical license to engage in the
practice of professional counseling, marriage and family therapy, psychology, psychiatry, or
social work for a minimum of three years in the state where the services are being provided, and
who has:
1.
A clinical supervisor's certificate from the National Board for Certified Counselors Center
for Credentialing and Education;
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2.
An equivalent clinical supervisor credential recognized by the individual’s respective
professional healthcare licensing board; or
3.
Completed a minimum of three graduate credits in clinical supervision from a regionally
accredited institution of higher education.
A "qualified supervisor" shall satisfy all requirements set forth in N.J.A.C. 13:34-13.1.
"Supervision" or "supervised" means the weekly interaction with a qualified supervisor who
monitors the performance of the licensed associate counselor and provides weekly,
documented, face-to-face consultation, guidance and instruction with respect to the counseling
skills and competencies of the licensed associate counselor, which includes at least 50 hours of
face-to-face supervision per one calendar year, at the rate of one hour per week, of which not
more than 10 hours may be group supervision.
13:34-10.3 SCOPE OF PRACTICE; PROFESSIONAL COUNSELOR AND ASSOCIATE
COUNSELOR
a) The scope of practice of a licensed professional counselor includes, but is not limited to,
counseling, counseling interventions, appraisal and assessment, consulting, referral and
research activities, as defined in N.J.A.C. 13:34-10.2.
b) The scope of practice of a licensed associate counselor includes, but is not limited to,
counseling, counseling interventions, appraisal and assessment, consulting, referral and
research activities, as defined in N.J.A.C. 13:34-10.2, under direct supervision pursuant to
the provisions of N.J.A.C. 13:34-13. A licensed associate counselor may only engage in the
independent practice of counseling under the direct supervision of a qualified supervisor,
consistent with the requirements of this section.
c) An independent practice shall be owned and operated by a licensed professional counselor
or a licensed healthcare professional that holds a clinical license to provide mental health
counseling services.
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SUBCHAPT ER 11.
PROFESSIONAL COUNSELORS AND ASSOCIATE CO UNSELORS:
APPLICATION PROCEDUR E; DEFINITIONS
13:34-11.1 (RESERVED)
13:34-11.2 PROFESSIONAL COUNSELOR: APPLICATION AND EDUCATIONAL
REQUIREMENTS
a) An applicant for licensure as a professional counselor shall submit the following to the
Committee:
1)
A completed application form, which contains information concerning the applicant's
educational and experiential background;
2)
The application fee set forth in N.J.A.C. 13:34-17.1;
3)
An official transcript(s) clearly indicating that the applicant has completed a minimum of
60 graduate semester hours and has obtained a master's degree or a doctorate in
counseling in a planned educational program designed to prepare students for the
professional practice of counseling from a regionally accredited institution of higher
education. The degree and official transcript(s) shall clearly indicate that:
i) The degree awarded is a master's degree or doctorate in counseling. The institution
offering the degree shall state in the catalog or in another format acceptable to the
Committee that the purpose of the graduate degree is to prepare students for the
professional practice of counseling; and
ii) The applicant has completed a minimum of 60 graduate semester hours of which 45
graduate semester hours shall be distributed in at least eight of the following areas:
(1) Counseling theory and practice, which includes the study of basic theories,
principles and techniques of counseling and their application to professional
counseling settings;
(2) The helping relationship, which includes studies that provide a broad
understanding of philosophic bases of helping processes, basic and advanced
helping skills, consultation theories and their applications, client and helper self-
understanding and self-development and facilitation or client change;
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(3) Human growth and development and maladaptive behavior, which includes
studies that provide a broad understanding of the nature and needs of individuals
at all developmental levels, normal and abnormal behavior, personality theory,
life-span theory, and learning theory within cultural contexts;
(4) Lifestyle and career development, which include studies that provide a broad
understanding of career development theories, occupational and educational
information sources and systems, career and leisure counseling, guidance and
education, lifestyle and career decision-making, career development program
planning, resources, and career option identification;
(5) Group dynamics, processes, counseling and consulting, which include studies
that provide a broad understanding of group development dynamics, group
counseling theories, group leadership styles, basic and advanced group
counseling methods and skills, and other group approaches;
(6) Appraisal of individuals, which includes studies that provide a broad
understanding of group and individual educational and psychometric theories and
approaches to appraisal, data and information gathering methods, validity and
reliability, psychometric statistics, factors that influence appraisals, use of
appraisal results in helping process and the specific ability to administer and
interpret tests and inventories to assess abilities and interests and identify career
options;
(7) Social and cultural foundations, which include studies that provide a broad
understanding of societal changes and trends, human roles, societal subgroups,
social mores and interaction patterns, multicultural and pluralistic trends, differing
lifestyles, and major societal concerns including stress, person abuse, substance
abuse, discrimination and methods of alleviating these concerns;
(8) Research and evaluation, which include studies that provide a broad
understanding of types of research, basic statistics, research-report development,
research implementation, program evaluation, needs assessment, publication of
research information and ethical and legal considerations; and
(9) The counseling profession, which includes studies that provide a broad
understanding of professional roles and functions, professional goals and
objectives, professional organizations and associations, professional history and
trends, ethical and legal standards, professional preparation standards, and
professional credentialing; and
4)
A Certification and Authorization Form for a Criminal History Background Check.
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b) An applicant shall be required to submit documentation that the coursework he or she has
completed meets the education requirements set forth in (a) above, if the official transcript
has not been issued by an educational institution, which at the time of the applicant's
graduation:
1)
Was accredited by the Council for the Accreditation of Counseling and Related
Educational Programs (CACREP) or its successor; or
2)
Had obtained approval from the Committee, after its review of documentation, including
course descriptions and syllabi, demonstrating that the curriculum meets the
requirements set forth in (a) above.
c) The master’s or doctoral degrees required by (a)3 above shall be from pro grams that:
1)
Require students to hold a bachelor’s degree from a regionally accredited institution of
higher education prior to entry; or
2)
Award a bachelor’s degree in conjunction with the master’s or doctoral degree.
13:34-11.3 PROFESSIONAL COUNSELOR: EXPERIENCE REQUIREMENTS
a) In addition to the requirements listed in N.J.A.C. 13:34-11.2, an applicant for licensure as a
professional counselor shall submit to the Committee documentation indicating that the
applicant has met the supervised professional counseling experience requirements for
licensure as set forth below:
1)
Three calendar years of supervised professional counseling experience in a professional
counseling setting, only one calendar year of which may be obtained prior to the granting
of the master's degree. Two calendar years of supervised professional counseling
experience shall have been obtained following licensure as an associate counselor.
Hours of supervised professional counseling experience obtained during college or
university graduate level practicums or internships may be counted toward satisfying a
portion of the supervised counseling experience requirement provided the courses
labeled practicums or internships are not also used to satisfy the 45 hours distributed in
the eight areas of the educational requirements for licensure as set forth in N.J.A.C.
13:34-11.2; or
2)
Two calendar years of supervised professional counseling experience as a licensed
associate counselor in a professional counseling setting, provided that the applicant has
earned, subsequent to completing the 60 graduate semester hours to include a master's
degree, an additional 30 graduate semester hours clearly related to counseling as
contained in N.J.A.C. 13:34-11.2(a)3ii(1) through (9). Hours of supervised professional
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counseling experience obtained during college or university graduate level practicums
may be counted toward satisfying a portion of the supervised professional counseling
experience requirement provided the courses labeled graduate level practicums or
internships are not also used to satisfy the 45 hours distributed in the eight areas of the
educational requirements for licensure as set forth in N.J.A.C. 13:34-11.2. No more than
one calendar year of supervised professional counseling experience may be obtained
prior to the completion of the 60 graduate semester hours.
b) An applicant for licensure may take up to a maximum of six years to satisfy the supervised
professional counseling experience requirement within the definitions stated in N.J.A.C.
13:34-10.2. Professional counseling experience submitted to the Committee that occurs
before the date of the application may be accepted toward the fulfillment of the experience
requirement if the experience meets the criteria stated above, including supervision by a
qualified supervisor.
1)
An applicant for licensure as a professional counselor who is a licensed associate
counselor has six years from the date he or she was licensed as an associate counselor
to satisfy the supervised professional counseling experience requirement.
2)
An applicant for licensure as a professional counselor who, prior to October 5, 2011,
completed the educational requirements set forth in N.J.A.C. 13:34-11.2 and began
obtaining the supervised professional counseling experience set forth in this section has
six years from the date his or her degree was conferred to satisfy the supervised
professional counseling experience requirement.
13:34-11.4 PROFESSIONAL COUNSELOR: EXAMINATION REQUIREMENTS
a) An applicant for licensure as a professional counselor shall submit to the Committee, in
addition to the requirements stated in N.J.A.C. 13:34-11.2 and 11.3, proof that the applicant
has successfully passed the National Counselor Examination (NCE) or its successor,
administered by the National Board for Certified Counselors (NBCC) or its successor.
b) The applicant shall only be admitted to the NCE upon receipt of written permission from the
Committee following the Committee's review of the applicant's coursework, unless the NCE
is taken as part of the applicant's graduate degree program or in another state pursuant to
that state's examination requirements.
13:34-11.5 ASSOCIATE COUNSELOR: APPLICAT ION AND EDUCATIONAL
REQUIREMENTS
a) An applicant for licensure as an associate counselor shall submit to the Committee:
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1)
A completed application form which contains information concerning the applicant's
educational and experiential background;
2)
The application fee set forth in N.J.A.C. 13:34-17.1;
3)
An official transcript(s) clearly indicating that the applicant has completed a minimum of
60 graduate semester hours and has obtained a master's degree or doctorate in
counseling in a planned educational program designed to prepare students for the
professional practice of counseling from a regionally accredited institution of higher
education. The degree and official transcript(s) shall clearly indicate that:
i) The degree awarded is a master's degree or doctorate in counseling. The institution
offering the degree shall state in the catalog or in another format acceptable to the
Committee that the purpose of the graduate degree is to prepare students for the
professional practice of counseling; and
ii) The applicant has completed a minimum of 60 graduate semester hours of which 45
graduate semester hours are distributed in at least eight of the following areas:
(1) Counseling theory and practice, which includes the study of basic theories,
principles and techniques of counseling and their application to professional
counseling settings;
(2) The helping relationship, which includes studies that provide a broad
understanding of philosophic bases of helping processes, basic and advanced
helping skills, consultation theories and their applications, client and helper self-
understanding and self-development and facilitation or client change;
(3) Human growth and development and maladaptive behavior, which includes
studies that provide a broad understanding of the nature and needs of individuals
at all developmental levels, normal and abnormal behavior, personality theory,
life-span theory, and learning theory within cultural contexts;
(4) Lifestyle and career development, which include studies that provide a broad
understanding of career development theories, occupational and educational
information sources and systems, career and leisure counseling, guidance and
education, lifestyle and career decision-making, career development program
planning, resources, and career option identification;
(5) Group dynamics, processes, counseling and consulting, which include studies
that provide a broad understanding of group development dynamics, group
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counseling theories, group leadership styles, basic and advanced group
counseling methods and skills, and other group approaches;
(6) Appraisal of individuals, which includes studies that provide a broad
understanding of group and individual educational and psychometric theories and
approaches to appraisal, data and information gathering methods, validity and
reliability, psychometric statistics, factors that influence appraisals, use of
appraisal results in helping process and the specific ability to administer and
interpret tests and inventories to assess abilities and interests and identify career
options;
(7) Social and cultural foundations, which include studies that provide a broad
understanding of societal changes and trends, human roles, societal subgroups,
social mores and interaction patterns, multicultural and pluralistic trends, differing
lifestyles, and major societal concerns including stress, person abuse, substance
abuse, discrimination and methods of alleviating these concerns;
(8) Research and evaluation, which include studies that provide a broad
understanding of types of research, basic statistics, research-report development,
research implementation, program evaluation, needs assessment, publication of
research information and ethical and legal considerations; and
(9) The counseling profession, which includes studies that provide a broad
understanding of professional roles and functions, professional goals and
objectives, professional organizations and associations, professional history and
trends, ethical and legal standards, professional preparation standards and
professional credentialing; and
4)
A Certification and Authorization Form for a Criminal History Background Check.
b) An applicant shall be required to submit documentation that the coursework he or she has
completed meets the education requirements set forth in (a) above, if the official transcript
has not been issued by an educational institution, which at the time of the applicant's
graduation:
1)
Was accredited by the Council for the Accreditation of Counseling and Related
Educational Programs (CACREP) or its successor; or
2)
Had obtained approval from the Committee, after its review of documentation, including
course descriptions and syllabi, demonstrating that the curriculum meets the
requirements set forth in (a) above.
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c) The master’s or doctoral degrees required by (a)3 above shall be from programs that:
1)
Require students to hold a bachelor’s degree from a regionally accredited institution of
higher education prior to entry; or
2)
Award a bachelor’s degree in conjunction with the master’s or doctoral degree.
13:34-11.6 ASSOCIATE COUNSELOR: EXAMINAT ION REQUIREMENTS
a) In addition to the requirements listed in N.J.A.C. 13:34-11.5, an applicant for licensure as an
associate counselor shall submit proof to the Committee that the applicant has successfully
passed the National Counselor Examination (NCE), or its successor, administered by the
National Board for Certified Counselors (NBCC) or its successor.
b) The applicant shall only be admitted to the NCE upon receipt of written permission from the
Committee following the Committee's review of the applicant's coursework, unless the NCE
is taken as part of the applicant's graduate degree program or in another state pursuant to
that state's examination requirements.
13:34-11.7 PAYMENT OF LICENSING FEE; ABANDONMENT OF APPLICAT ION
a) An applicant for licensure shall submit the licensing fee set forth in N.J.A.C. 13:34-17.1 upon
receipt of notification from the Committee that his or her application for licensure has been
approved.
b) An application shall be deemed abandoned and closed if:
1)
The application has not been completed by the applicant within 12 months after it was
received by the Committee;
2)
The applicant fails to sit for or pass the National Counselor Examination, or its
successor, within 12 months or any 12-month period thereafter upon written notification
of eligibility to take the examination; or
3)
The applicant fails to submit the licensing fee within six months following the date of
notification from the Committee that his or her application for licensure has been
approved.
c) An application submitted subsequent to the abandonment of a prior application shall be
treated as a new application and shall comply with all application requirements in this
subchapter.
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13:34-11.8 PROFESSIONAL COUNSELOR: CREDIT TOWARDS LICENSURE FOR
EDUCATION, TRAINING, AND EXPERIENCE RECEIVED WHILE SERVING AS A
MEMBER OF THE ARMED FORCES
a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and
who does not meet all of the training, education, and experience requirements for licensure
under N.J.A.C. 13:34-11.2 and 11.3 may apply to the Committee for recognition of the
applicant’s training, education, or experience received while serving as a memb er of the
Armed Forces, which the Committee shall consider, together with any training, education,
and experience obtained outside of the Armed Forces, for determining substantial
equivalence to the training, education, and experience required for licensure.
b) The Board shall issue a license as a professional counselor to the applicant, if the applicant
presents evidence to the Committee that:
1)
The applicant has been honorably discharged from active military service;
2)
The relevant training, experience, and education the applicant received in the military,
together with any training, education, and experience obtained outside of the Armed
Forces, is substantially equivalent in scope and character to the training, experience, and
education required for licensure under N.J.A.C. 13:34-11.2 and 11.3.
i) An applicant seeking credit for military training and experience shall submit to the
Committee the applicant’s Verification of Military Experience and Training (VMET)
Document, DD Form 2586.
ii) An applicant seeking credit for education courses and/or training completed while in
the military, who does not hold a master’s degree or a doctorate in counseling as
described in N.J.A.C. 13:34-11.2, shall submit to the Committee a Joint Services
Transcript of his or her education for a determination that the education courses
and/or training completed are substantially equivalent in level, scope, and intent to a
master’s degree or doctorate in counseling as described and required for licensure
under N.J.A.C. 13:34-11.2. For the purpose of determining substantial equivalence of
the applicant’s military education and/or training, the Committee shall consider only
those courses relevant to the practice of counseling that have been evaluated by the
American Council on Education for substantial equivalence to civilian postsecondary
curricula; and
iii) The applicant complies with all other requirements for licensure as a professional
counselor, including successful completion of the National Counselor Examination
(NCE) or its successor, administered by the National Board for Certified Counselors
(NBCC) or its successor, as set forth in N.J.A.C. 13:34-11.4.
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c) It is the applicant’s responsibility to provide timely and complete evidence of the education,
training, and experience gained in the military for review and consideration.
d) If the applicant’s military training, education, and experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure as a professional
counselor, the Committee shall credit whatever portion of the military training, education, and
experience that is substantially equivalent towards meeting the requirements under N.J.A.C.
13:34-11.2 and 11.3 for the issuance of the license as a professional counselor.
e) Satisfactory evidence of such education, training, and experience shall be assessed on a
case-by-case basis.
13:34-11.9 ASSOCIATE COUNSELOR: CREDIT TOWARDS LICENSURE FOR
EDUCATION, TRAINING, AND EXPERIENCE RECEIVED WHILE SERVING AS A
MEMBER OF THE ARMED FORCES
a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and
who does not meet all of the training, education, and experience requirements for licensure
under N.J.A.C. 13:34-11.5 may apply to the Committee for recognition of the applicant’s
training, education, or experience received while serving as a member of the Armed Forces,
which the Committee shall consider together with any training, education, and experience
obtained outside of the Armed Forces, for determining substantial equivalence to the
training, education, and experience required for licensure.
b) The Board shall issue a license as an associate counselor to the applicant, if the applicant
presents evidence to the Committee that:
1)
The applicant has been honorably discharged from active military service;
2)
The relevant training, experience, and education the applicant has received in the
military, together with any training, education, and experience obtained and outside of
the Armed Forces, is substantially equivalent in scope and character to the training,
education, and experience required for licensure under N.J.A.C. 13:34-11.5.
i) An applicant seeking credit for military training and experience shall submit to the
Committee the applicant’s Verification of Military Experience and Training (VMET)
Document, DD Form 2586.
ii) An applicant seeking credit for education courses and/or training completed while in
the military, who does not hold a master’s degree or a doctorate in counseling as
described in N.J.A.C. 13:34-11.5, shall submit to the Committee a Joint Services
Transcript of his or her education/training for a determination that the education
courses and/or training completed are substantially equivalent in level, scope, and
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intent to a master’s degree or a doctorate in counseling, as described and required
for licensure under N.J.A.C. 13:34-11.5. For the purpose of determining substantial
equivalence of the applicant’s military education and/or training, the Committee shall
consider only those courses relevant to the practice of counseling that have been
evaluated by the American Council on Education for substantial equivalence to
civilian postsecondary curricula; and
3)
The applicant complies with all other requirements for licensure as an associate
counselor, including successful completion of the National Counselor Examination (NCE)
or its successor, administered by the National Board for Certified Counselors (NBCC) or
its successor, as set forth in N.J.A.C. 13:34-11.6.
c) It is the applicant’s responsibility to provide timely and complete evidence of the education,
training, and experience gained in the military for review and consideration.
d) If the applicant’s military training, education, and experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure, the Committee shall
credit whatever portion of the military training, education, and experience that is substantially
equivalent towards meeting the requirements under N.J.A.C. 13:34-11.5 for the issuance of
the license as an associate counselor.
e) Satisfactory evidence of such education, training or service shall be assessed on a case-by-
case basis.
SUBCHAPT ER 12.
PROFESSIONAL COUNSELORS: LICENSURE BY ENDORSEMENT
13:34-12.1 LICENSURE BY ENDORSEMENT
a) Applicants licensed to practice professional counseling by a professional counseling
licensing board in the United States may apply to the Committee for a license by
endorsement as a licensed professional counselor. Applicants shall have been engaged in
active licensed practice for a period of three years immediately preceding the date of
application and shall satisfy the requirements of this section.
b) Applicants for licensure by endorsement shall register with the National Credentials Registry
or its successor, approved by the American Association of State Counseling Boards
(AASCB).
c) An applicant for licensure by endorsement shall hold a master's degree or doctorate in
counseling from a counseling program accredited by the Council for the Accreditation of
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Counseling and Related Educational Programs (CACREP). The institution offering the
degree shall state in the catalog or in another format acceptable to the Committee that the
purpose of the graduate degree is to prepare students for the professional practice of
counseling. The degree shall consist of at least 60 semester hours or 80 quarter hours of
clinical and didactic instruction.
d) If an applicant for licensure by endorsement has a master's degree or doctorate in
counseling from a regionally accredited program related to the practice of counseling that is
not accredited by CACREP, the institution offering the degree shall state in the catalog or in
another format acceptable to the Committee that the purpose of the graduate degree is to
prepare students for the professional practice of counseling. The applicant shall establish
that the coursework and practicum, internship, and/or fieldwork for the program consists of at
least 60 semester hours or 80 quarter hours, and is consistent with the following minimum
requirements:
1)
Thirty-three semester hours or 44 quarter hours of graduate coursework, which shall
include a minimum of three semester hours or four quarter hours of graduate-level
coursework in each of the following nine content areas: counseling theories and practice;
human growth and development; diagnosis and treatment of psychopathology; group
theories and practice; individual evaluation and assessment; career and lifestyle
assessment; research and program evaluation; social and cultural foundations; and
counseling in community settings. Courses in research, thesis or dissertation work,
practicums, internships, or fieldwork may not be applied toward this requirement; and
2)
Three semester hours or four quarter hours of graduate-level coursework in legal,
ethical, and professional standards in the practice of mental health counseling, which
includes goals, objectives, and practices of professional counseling organizations, codes
of ethics, legal considerations, standards of preparation, certifications and licensing, and
the role identity and professional obligations of mental health counselors. Courses in
research, thesis or dissertation work, practicums, internships or fieldwork may not be
applied toward this requirement.
e) The master’s or doctoral degrees required by (c) above shall be from programs that:
1)
Require students to hold a bachelor’s degree from a regionally accredited institution of
higher education prior to entry; or
2)
Award a bachelor’s degree in conjunction with the master’s or doctoral degree.
f) An applicant for licensure by endorsement shall have 4,500 hours of work experience
obtained over a period of time between three and six years.
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g) An applicant for licensure by endorsement shall have passed either the National Counselor
Examination (NCE) or the Clinical Mental Health Counseling Examination (CMHCE).
SUBCHAPT ER 13.
ASSOCIATE COUNSELORS: SUPERVISION
13:34-13.1 SUPERVISOR QUALIFICATIONS; SUPERVISOR RESPONSIBILITIES
a) A qualified supervisor, as defined in N.J.A.C. 13:34-10.2, shall meet the following
requirements prior to supervising the provision of professional counseling services:
1)
The individual shall have obtained 4,500 hours of work experience subsequent to holding
a clinical license to provide mental health counseling services. The 4,500 hours shall
have been obtained over a minimum of three years, but no more than six years; and
2)
The individual shall hold an approved clinical supervisor credential from the Center for
Credentialing and Education of the National Board for Certified Counselors (NBCC) or an
equivalent clinical supervisor credential recognized by the individual's respective
professional healthcare licensing board, if applicable, or shall have completed a
minimum of three graduate credits in clinical supervision from a regionally accredited
institution of higher education.
b) Notwithstanding (a) above, or the definition of “qualified supervisor,” an individual who, as of
April 5, 2021, was deemed a qualified supervisor by the Committee shall continue to be
allowed to supervise the provision of professional counseling services in accordance with
this chapter.
c) A qualified supervisor shall be responsible for creating a written supervision plan with the
licensed associate counselor. The supervision plan shall outline the work setting, the
licensed associate counselor's job description, including the nature of his or her duties and
his or her qualifications and the supervisor's responsibilities and qualifications. Supervision
may be provided through live observation or through the review of videotapes, audiotapes
and/or self-reporting of sessions with clients, consistent with the requirements of (d) below.
d) The written supervision plan shall be approved by the Committee prior to the performance of
counseling by the licensed associate counselor.
e) A qualified supervisor shall perform and document the following activities with the licensed
associate counselor:
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1)
The supervisor shall perform at least one of the following activities with the licensed
associate counselor:
i) Work as a co-counselor with the licensed associate counselor;
ii) Observe the licensed associate counselor's sessions with clients;
iii) View videotapes of the licensed associate counselor's session with clients; or
iv) Listen to audiotapes of the licensed associate counselor's session with clients;
2)
The supervisor shall perform at least one of the following activities with the licensed
associate counselor:
i) React to case presentations given by the licensed associate counselor; or
ii) Conduct role-playing sessions with the licensed associate counselor; and
3)
The supervisor shall perform all of the following activities:
i) Engage in problem-solving discussions with the licensed associate counselor
concerning individual clients;
ii) Enter into problem-solving discussions concerning the licensed associate counselor's
own problems that affect the licensed associate counselor's work with clients;
iii) Offer feedback to the licensed associate counselor concerning specific interventions
utilized with clients;
iv) Offer feedback to the licensed associate counselor concerning the licensed associate
counselor's personal qualities as they affect work with clients; and
v) Offer feedback to the licensed associate counselor concerning the supervision
experience.
f) A qualified supervisor shall maintain all documentation with respect to the supervision
provided to licensed associate counselors for a minimum of three years. A qualified
supervisor shall attest to compliance with the supervision requirements of this section by
completing all forms provided by the Committee.
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g) A qualified supervisor shall not supervise more than a total of six mental health counselors at
any one time. For purposes of this subsection, mental health professionals shall not include
those mental health professionals who are licensed to engage in independent practice.
h) Prior to a licensed associate counselor's commencement of client treatment, the supervisor
shall obtain a written disclosure, which shall be signed by the client and retained as part of
the client record, acknowledging that the client has been informed that services are to be
rendered by an associate counselor under the supervision of a professional counselor or a
qualified supervisor as defined in N.J.A.C. 13:34-10.2. If the written disclosure is included as
part of another document provided for the client's information, the disclosure shall be set
forth in a conspicuous manner, so that it shall be easily readable, clearly understood, signed
by the client and retained as part of the client record.
i) A qualified supervisor shall retain full professional responsibility for collecting fees from
clients.
j) A qualified supervisor shall be responsible for knowing the name and either the diagnosis or
the nature of the problem of each client being treated by the licensed associate counselor. A
supervisor shall be ultimately responsible for the welfare of the client with respect to the
treatment being rendered by the licensed associate counselor.
k) A qualified supervisor shall ensure that the licensed associate counselor maintains, on an
annual basis until the licensed associate counselor is licensed as a professional counselor,
documentation of supervised experience, using forms provided by the Committee for that
purpose. The supervisor shall attest to compliance with the standards set forth in this section
and shall indicate the hours and dates during which the licensed associate counselor has
been under supervision, the nature of the cases assigned and the proficiency rating earned
by the licensed associate counselor.
l) A qualified supervisor shall supervise only in areas for which he or she possesses the
requisite skills, training and experience.
m) A qualified supervisor shall not supervise an individual with whom the supervisor has a
relationship that may compromise the objectivity of the supervisor or impair the professional
judgment of the supervisor. Examples of inappropriate supervisory relationships include, but
are not limited to, current and former clients, current employers, relatives of the supervisor,
immediate relatives of current clients, current students or close friends.
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13:34-13.2 RESPONSIBILITIES OF LICENSED ASSOCIATE COUNSELORS
a) The licensed associate counselor shall maintain documentation of supervised experience for
each 52 week period of supervised experience until the licensed associate counselor is
licensed as a professional counselor.
b) A licensed associate counselor shall not engage in practice under supervision in any area for
which the licensed associate counselor has not had appropriate education and training.
c) A licensed associate counselor shall not engage in unsupervised or independent practice.
d) A licensed associate counselor shall not receive a professional fee from a client. A licensed
associate counselor may be compensated only through the supervisor or employing entity.
1)
Nothing in this subsection shall be construed to prohibit a licensed associate counselor
from receiving from a client, on behalf of the supervisor or employing entity, fees for
professional services.
e) A licensed associate counselor who advertises professional services, shall comply with
N.J.A.C. 13:34-29 and include the name(s) of his or her supervisor(s). A licensed associate
counselor shall not advertise that he or she engages in independent practice.
13:34-13.3 SUPERVISED PROFESSIONAL COUNSELING EXPERIENCE ACQUIRED
PRIOR TO APPLICATION
a) An applicant may be granted up to one calendar year of supervised professional counseling
experience credit towards fulfillment of the supervised professional counseling experience
requirements for licensure as a professional counselor if the supervised experience hours
occurred before the granting of the master's degree as part of college or university graduate
courses which are practicums or internships, provided the courses labeled practicums or
internships are not also used to satisfy the educational requirements.
b) An applicant may be granted supervised professional counseling experience credit towards
the fulfillment of experience requirements for licensure as a professional counselor if the
supervised experience occurred after the granting of the master's degree and after the
applicant was licensed as an associate counselor and the experience was supervised by a
qualified supervisor as defined in N.J.A.C. 13:34-10.2.
c) An applicant may be granted credit towards the fulfillment of the supervised professional
counseling experience requirement for licensure as a professional counselor if the
experience hours occur as part of a planned post-master's degree program in counseling in
an accredited college or university designed to meet the requirements for licensure as a
professional counselor.
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d) An applicant may purchase the services of a qualified supervisor if the supervision occurs in
a professional counseling setting and the supervisor fulfills the activities and responsibilities
of a supervisor as set forth in N.J.A.C. 13:34-13.1.
13:34-13.4 (RESERVED)
SUBCHAPT ER 14.
PROFESSIONAL COUNSELOR SPECIALT Y DESIGNAT IONS
13:34-14.1 SPECIALTY DESIGNATIONS
a) A licensed professional counselor may utilize a professional specialty designation provided
that the licensee holds a current NBCC specialty certification.
b) A qualified professional counselor who holds and maintains a current NBCC specialty
certification may claim or advertise that specialty by using only the specific specialty
designation assigned to the specialty by the NBCC.
c) A professional counselor shall post the NBCC certificate in a conspicuous place in a waiting
room or other area where it will be visible to the professional counselor's clients.
13:34-14.2 (RESERVED)
SUBCHAPT ER 15.
PROFESSIONAL COUNSELORS AND ASSOCIATE CO UNSELORS:
CONT INUING EDUCATION
13:34-15.1 LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENT
a) All licensed professional counselors shall complete 40 contact hours of continuing education
for license renewal (effective the biennial renewal period commencing on December 1,
2020). The licensed professional counselor shall confirm on the renewal application that the
licensee has completed all continuing education requirements pursuant to N.J.A.C. 13:34-
15.2 and this section during the biennial period preceding application for renewal.
b) An associate counselor licensed for two or more biennial renewal periods, shall complete 40
contact hours of continuing education for all subsequent renewals of his or her license,
consistent with the requirements of this subchapter.
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13:34-15.2 CONTACT-HOUR REQUIREMENTS FOR LICENSED PROFESSIONAL
COUNSELORS
a) A licensed professional counselor shall complete at least five of the 40 contact hours
required by N.J.A.C. 13:34-15.1 in ethical and legal standards in the counseling profession
regardless of the number of contact hours accrued during the biennial period.
b) A licensee shall complete at least three of the 40 contact hours of continuing education as
required by N.J.A.C. 13:34-15.1 in the subject area of social and cultural competence. For
the purposes of this subsection, social and cultural competence includes, but is not limited
to, an understanding of the cultural context of relationships; issues and trends in a diverse
society related to such factors as culture, ethnicity, nationality, age, gender, sexual
orientation, mental and physical characteristics, education, family values, religious and
spiritual values, socioeconomic status; and unique characteristics of individuals, couples,
families, ethnic groups and communities including any of the following:
1)
Multicultural and pluralistic trends, including characteristics and concerns between and
within diverse groups nationally and internationally;
2)
Attitudes, beliefs, understandings, and acculturative experiences, including specific
experiential learning activities;
3)
Individual, couple, family, group, and community strategies for working with diverse
populations and ethnic groups;
4)
Counselors' roles in social justice, advocacy and conflict resolution, cultural self-
awareness, the nature of biases, prejudices, process of intentional and unintentional
oppression and discrimination, and other culturally supported behaviors that are
detrimental to the growth of the human spirit, mind, or body;
5)
Theories of multicultural counseling, theories of identity development and multicultural
competencies; and
6)
Ethical and legal considerations relating to issues of diversity.
c) Commencing with the biennial renewal period beginning on December 1, 2018, at least one
of the 40 contact hours of continuing education shall, pursuant to P.L. 2017, c. 341, be in
educational programs or topics concerning prescription opioid drugs, including the risks and
signs of opioid abuse, addiction, and diversion. This one credit shall not be eligible for carry-
over as described in (e) below.
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d) The continuing education contact hours required by the NBCC to maintain the specialty
certification, referred to in N.J.A.C. 13:34-14.1, may be used to satisfy the Committee's
continuing education requirements for the licensed professional counselor set forth in this
subchapter.
e) If the licensed professional counselor earns more than 40 contact hours during a biennial
period, the professional counselor may carry a maximum of 10 contact hours into the next
succeeding biennial period.
13:34-15.3 (RESERVED)
13:34-15.4 APPROVAL OF COURSES OR PROGRAMS
a) The following are acceptable sources of continuing education courses, programs and
articles, as long as the courses, programs or articles fall within the content areas set forth in
(c) or (d) below or are directly related to professional counseling:
1)
Courses and programs approved by the National Board for Certified Counselors; the
American Counseling Association; the American Psychological Association; the
American Psychiatric Association; the National Association of Social Workers; the
American Association for Marriage and Family Therapy; the Commission on
Rehabilitation Counselors Certification; the American Ortho-psychiatric Association; the
American Medical Association; the American Nursing Association; the National
Association of Alcoholism and Drug Abuse Counselors; the United States Psychiatric
Rehabilitation Association; and the member boards of the International Certification and
Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc.;
2)
Teaching or completing graduate coursework at a regionally accredited institution of
higher education;
3)
Authoring a refereed article published in a professional journal within the preceding
biennial period; and
4)
Presentation of a course or program approved by one of the organizations listed at
N.J.A.C. 13:34-15.4(a)1.
b) Prior to seeking approval of continuing education credit from the Committee for attending or
presenting a course or program that has not been approved by any of the organizations
listed in (a)1 above, the professional counselor shall first apply to and obtain approval from
one of the listed organizations.
c) The following are acceptable content areas for continuing education:
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1)
Counseling theory and practice which provide basic theories, principles and techniques
of counseling and their application to professional counseling settings;
2)
The helping relationship, which provides broad understanding of philosophic bases of
helping processes, basic and advanced helping skills, consultation theories and their
applications, client and helper self-understanding and self-development and facilitation or
client change;
3)
Human growth and development and maladaptive behavior which provide a broad
understanding of the nature and needs of individuals at all developmental levels, normal
and abnormal behavior, personality theory, lifespan theory, and learning theory within
cultural contexts;
4)
Lifestyle and career development which provides a broad understanding of career
development theories, occupational and educational information sources and systems,
career and leisure counseling, guidance and education, lifestyle and career decision-
making, career development program planning, resources, and career option
identification;
5)
Group dynamics, processes, counseling and consulting which provide a broad
understanding of group development dynamics, group counseling theories, group
leadership styles, basic and advanced group counseling methods and skills, and other
group approaches;
6)
Appraisal of individuals which provides a broad understanding of group and individual
educational and psychometric theories and approaches to appraisal, data and
information gathering methods, validity and reliability, psychometric statistics, factors that
influence appraisals, use of appraisal results in helping process and the specific ability to
administer and interpret tests and inventories to assess abilities, interests, and identify
career options;
7)
Social and cultural foundations which provide a broad understanding of societal changes
and trends, human roles, societal subgroups, social mores and interaction patterns,
multicultural and pluralistic trends, differing lifestyles, and major societal concerns
including stress, person abuse, substance abuse, discrimination and methods of
alleviating these concerns;
8)
Research and evaluation which provide a broad understanding of types of research,
basic statistics, research and report development, research implementation, program
evaluation, needs assessment, publication of research information and ethical and legal
considerations; and
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9)
The counseling profession which provides a broad understanding of professional roles
and functions, professional goals and objectives, professional organizations and
associations, professional history and trends, ethical and legal standards, professional
preparation standards and professional credentialing.
d) A course or program in the subject area of social and cultural competence for the purpose of
fulfilling the three contact hour continuing education requirement shall be obtained consistent
with (a) above or shall be subject to the approval of the Committee. A course or program in
the subject area approved by the Board of Marriage and Family Therapy Examiners, the
Board of Social Work Examiners, or the Alcohol and Drug Counselor Committee shall be
deemed acceptable by this Committee.
13:34-15.5 CONTINUING EDUCATION CREDITS AND CONTACT-HOUR
CALCULATION
a) The Committee shall grant credit only for continuing education courses and programs that
are at least one contact hour long and are directly related to professional counseling
practice. For purposes of this subchapter, a "contact hour" means a 60-minute clock hour
with no less than 50 minutes of content within the hour. Courses and programs may include
one 10-minute break for each contact hour.
b) A professional counselor shall complete and be able to verify the completion of a continuing
education course, program or article as set forth in N.J.A.C. 13:34-15.4 in order to receive
continuing education credit. The Committee shall grant a professional counselor continuing
education credit for each biennial renewal period as follows:
1)
Completing graduate coursework at a regionally accredited institution of higher
education: 15 continuing education contact hours for each semester course credit
awarded beyond the required educational standards which the professional counselor
must complete for licensure as set forth in N.J.A.C. 13:34-11.3;
2)
Teaching graduate courses offered at a regionally accredited institution of higher
education: 15 continuing education contact hours for each semester course credit
awarded for each new course which a professional counselor teaches. For the purposes
of this subsection, "new" means a course that the professional counselor has not taught
previously in any educational setting;
3)
A refereed article published in a professional journal within the preceding biennial period:
four continuing education contact hours per article with a maximum of eight contact
hours per biennial period; and
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4)
Course or program presentation: one and one-half continuing education contact hours for
each hour of a new offering up to a maximum of nine continuing education contact hours.
For the purposes of this subsection, "new" means a course or program that the
professional counselor has not previously presented.
13:34-15.6 DOCUMENTATION OF CONTINUING EDUCATION CREDIT
a) A professional counselor shall retain documentation of the continuing education hours which
the professional counselor completes in order to verify program attendance or activity
completion. Each professional counselor shall submit such documentation to the Committee
upon its request. The Committee may periodically audit the records of professional
counselors, on a random basis, to determine compliance with continuing education
requirements of this subchapter.
b) A professional counselor shall verify attendance at continuing education courses or
programs by a certificate of attendance or by a statement from the course or program
instructor. The verification shall include the name of the licensee, the name of the sponsor,
the title, location and date of the course or program, the signature of a program official and
the number of continuing education hours awarded.
c) A professional counselor shall verify continuing education activities by retaining the
following:
1)
For publications, a copy of the published article;
2)
For course or program presentations, copies of the program, syllabus, outlines and
bibliographies;
3)
For teaching, copies of the syllabus, bibliography, course outline and verification from the
academic institution that the course was "new" as defined by N.J.A.C. 13:34-15.5(b)2;
and
4)
For graduate coursework, an official transcript.
d) A professional counselor shall maintain verification documentation for five years following
the renewal period for which the Committee has granted the professional counselor
continuing education credit.
e) Falsification of any information submitted with the renewal application or failure to meet the
continuing education requirements may result in the Committee taking appropriate
disciplinary measures, including suspension of license, pursuant to N.J.S.A. 45:1-21.
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f) The Committee may reject any continuing education contact hours claimed for continuing
education credit that are not relevant to the practice of professional counseling in the State
of New Jersey.
13:34-15.7 WAIVER OF CONTINUING EDUCATION REQUIREMENTS
a) The Committee may waive continuing education requirements on an individual basis for
reasons of hardship such as illness, disability, active service in the military or other good
cause as established by the professional counselor.
b) A professional counselor who seeks a waiver of the continuing education requirements shall
provide to the Committee, in writing, the specific reasons for requesting the waiver and such
additional documentation as the Committee may request in support of the waiver.
SUBCHAPT ER 16.
(RESERVED)
SUBCHAPT ER 17.
PROFESSIONAL COUNSELORS AND ASSOCIATE CO UN SELORS: FEES
13:34-17.1 FEES
a) The State Board of Marriage and Family Therapy Examiners shall charge the following fees
in connection with the licensure of professional counselors and associate counselors:
1)
Application fee .................................................................................................... $75.00
2)
Initial license fee:
i) Professional counselor:
(1) During the first year of a biennial renewal period .............................. $250.00
(2) During the second year of a biennial renewal period ........................ $125.00
ii) Associate counselor:
(1) During the first year of a biennial renewal period .............................. $180.00
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(2) During the second year of a biennial renewal period ........................ $ 90.00
3)
Biennial renewal:
i) Professional counselor .............................................................................. $250.00
ii) Associate counselor ................................................................................... $180.00
4)
Late fee ............................................................................................................. $100.00
5)
Reinstatement Fee ........................................................................................... $150.00
6)
Duplicate wall certificate .................................................................................... $40.00
7)
Change of address ............................................................................................. $25.00
8)
Certification of licensure .................................................................................... $40.00
SUBCHAPT ER 18.
PROFESSIONAL COUNSELORS AND ASSOCIATE CO UNSELORS:
CLIENT RECORDS; CONF IDENTIALITY
13:34-18.1 PREPARATION AND MAINTENANCE OF CLIENT RECORDS
a) A licensee shall prepare a permanent client record for each client which accurately reflects
the client contact with the licensee whether in an office, hospital, agency or other treatment,
evaluation or consultation setting.
b) A licensee shall make entries in the client record contemporaneously with the services
provided. A licensee may dictate an entry for later transcription, provided the transcription is
dated and identified as "preliminary" until the licensee reviews the transcription and finalizes
the entry in the client record.
c) The licensee shall include in the client record material pertinent to the nature and extent of
the professional interaction, which shall include:
1)
The client name, address and telephone number;
2)
The client complaint on intake;
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3)
Medical history recognized as of potential significance;
4)
Past and current medications;
5)
Significant social history;
6)
Findings on appropriate examination;
7)
Raw data and interpretation of tests, if administered;
8)
Current functional impairments and rating levels thereof;
9)
A diagnostic impression;
10)
Contemporaneous and dated progress or session notes including specific components of
treatment, evaluation or consultation;
11)
Dates of all treatment, evaluation or consultation sessions;
12)
The location of treatment, evaluation or consultation;
13)
An evaluation of progress (if applicable);
14)
A prognosis;
15)
The client identity on each page;
16)
Fees charged and paid;
17)
The identity of each provider of treatment, evaluation or consultation (and supervisor, if
any);
18)
If services are rendered by an associate counselor, the written disclosure form signed by
the client; and
19)
Information regarding referrals to other professionals.
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d) The client record shall contain the written disclosure form required pursuant to N.J.A.C.
13:34-13.2(b) and reports and records provided by other professionals and integrated into
the client's treatment, evaluation or consultation report.
e) A licensee may make corrections or additions to an existing record provided that each
change is clearly identified as such, dated and initialed by the licensee. Any other alteration
of records shall be deemed professional misconduct.
f) When records are to be maintained as confidential, the licensee shall establish and maintain
a procedure to protect such records from access by unauthorized persons.
g) The licensee shall retain the permanent client record for at least seven years from the date
of last entry, unless otherwise provided by law.
h) The licensee shall establish reasonable procedures for maintaining the confidentiality of
client records in the event of the licensee's relocation, retirement, termination from practice,
death, or separation from a group practice, and shall establish reasonable procedures to
assure the preservation of client records which shall include at a minimum:
1)
Establishment of a procedure by which patients can obtain treatment records or
acquiesce in the transfer of those records to another licensee or health care professional
who is assuming the responsibilities of that practice; and
2)
Making reasonable efforts to directly notify any patient treated during the six months
preceding the cessation, and providing information concerning the established procedure
for retrieval of records.
i) Subsections (f) through (h) above shall not apply to a licensee employed in an agency
setting which does not, by agency policy, have control over client records.
13:34-18.2 USE OF PERSONAL OR OTHER COMPUTER TO PREPARE CLIENT
RECORDS
a) A licensee who prepares a client record maintained solely on a personal or other computer
shall use a write-protected program which:
1)
Contains an internal permanently activated date and time recordation for all entries;
2)
Automatically prepares a back-up copy of the file; and
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3)
Is designed in such manner that, after the licensee "signs" by means of a confidential
personal code ("CPC"), the entry cannot be changed in any manner.
b) Notwithstanding the permanent status of a prior entry, the licensee may make a new entry at
any time and may indicate correction to a prior entry.
c) The licensee shall include in the client record at least two forms of identification; for
example, name and record number or any other specific identifying information.
d) The licensee shall finalize or "sign" the entry by means of a CPC. Where more than one
individual is authorized to make entries into the computer file of any client record, the
licensee responsible for the practice shall assure that each person obtains a CPC and uses
the program in the same manner.
13:34-18.3 ACCESS TO COPY OF CLIENT RECORD
a) For purposes of this section, "authorized representative" means, but is not necessarily
limited to, a person designated by the client or a court to exercise rights under this section.
An authorized representative may be the client's attorney or an agent of a third-party payor
with whom the client has a contract, which provides that the third party be given access to
records to assess a claim for monetary damages or reimbursement.
b) A licensee may require the record request to be in writing. The licensee shall provide a copy
of the client record and/or billing records, including reports relating to the client, no later than
30 days from receipt of a request from a client or duly authorized representative. Limitations
on this requirement are set forth in (g) below and in N.J.A.C. 13:34-18.5.
c) Unless otherwise required by law, the licensee may elect to provide a summary of the
record, as long as the summary adequately and accurately reflects the client's history and
treatment.
d) A licensee may charge a reasonable fee for the preparation of a summary and reproduction
of records, which shall be no greater than an amount reasonably calculated to recoup the
costs of transcription or copying.
e) The licensee's obligation hereunder to release information shall include the obligation to
complete forms or reports required for third party reimbursement of client treatment
expenses. The licensee may charge reasonable fees for completion of reports other than
health insurance claim forms, for which no fee may be charged pursuant to N.J.S.A. 45:1-12.
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f) When a request is made for release of already completed reports to enable the client to
receive ongoing care by another practitioner, or for use in judicial proceedings, the licensee
shall not require prior payment for the professional services to which such reports relate as a
condition for making such reports available. A licensee may, however, require advance
payment for a report prepared for the licensee's services as an expert witness.
g) A licensee may withhold information contained in the client record from a client or the client's
guardian if in the reasonable exercise of his or her professional judgment, the licensee
believes release of such information would adversely affect the client's health or welfare.
That record or the summary, with an accompanying explanation of the reasons for the
original refusal, shall nevertheless be provided upon request of and directly to:
1)
The client's attorney;
2)
Another licensed health care professional; or
3)
The client's health insurance carrier.
13:34-18.4 ACCESS BY A MANAGED HEALTH CARE PLAN TO INFORMATION IN
CLIENT RECORD
a) With regard to a client whose treatment cost is covered by a wholly insured health insurance
plan or a managed health care plan, a licensee shall make all required information available
upon the request of the client or duly authorized representative with the client's consent.
b) A licensee whose client has explicitly waived the counselor-client confidentiality privilege
established by N.J.S.A. 45:8B-49 may release requested information deemed professionally
appropriate to a third-party payer whose benefit plan is qualified under the Federal Employee
Retirement Income Security Act (ERISA); that is, the plan of a self-insured employer or an
entity providing administrative services to that employer for the purposes of determining
entitlement to benefits.
13:34-18.5 CONFIDENTIALITY
a) A licensee shall preserve the confidentiality of information obtained from a client in the
course of performing professional counseling services for the client, except in the following
circumstances:
1)
Disclosure is required by Federal or State law or regulation;
2)
Disclosure is required by the Board or the Office of the Attorney General during the
course of an investigation;
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3)
Disclosure is required by a court of competent jurisdiction pursuant to an order;
4)
The licensee has information that the client presents a clear and present danger to the
health or safety of an individual;
5)
The licensee is a party defendant to a civil, criminal or disciplinary action arising from the
professional counseling services provided, in which case a waiver of the privilege
accorded by this section shall be limited to that action; or
6)
The client agrees, in writing, to waive the privilege accorded by this section. In
circumstances where more than one person in a family is receiving professional
counseling services, each family member who is at least 18 years of age or older must
agree to the waiver. Where required by Federal or State law persons under the age of 18
years of age must agree to the waiver. Absent a waiver of each family member, a
licensee shall not disclose any information received from any family member.
b) A licensee shall establish and maintain procedures to protect client records from access by
unauthorized persons.
c) A licensee shall establish procedures for maintaining the confidentiality of client records in
the event of the licensee's relocation, retirement or death and shall establish reasonable
procedures to assure the preservation of client records.
d) In the case of a client's death:
1)
Confidentiality survives the client's death and a licensee shall preserve the confidentiality
of information obtained from the client in the course of the licensee's teaching, practice
or investigation;
2)
The disclosure of information in a deceased client's records is governed by the same
provisions for living clients set forth in N.J.A.C. 13:34-18.3, 18.4 and 18.6; and
3)
A licensee shall retain a deceased client's record for at least seven years from the date
of last entry, unless otherwise provided by law.
e) A licensee may discuss the information obtained in clinical or consulting relationships, or in
evaluating data concerning children, students, employees and others, only for professional
purposes and only with persons clearly connected with the case, as provided under
applicable State and Federal laws and regulations.
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f) A licensee may reveal, in writing, lectures or other public forums, personal information
obtained during the course of professional work only as follows:
1)
With prior consent of the clients or persons involved; or
2)
Where the identity of the client or person involved is adequately disguised.
13:34-18.6 MINORS
a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be
deemed to be an authorized representative, as defined at N.J.A.C. 13:34-18.3(a). Except as
provided for at N.J.S.A. 9:17A-4, when the client is more than 14 years of age, but has not
yet reached the age of majority, the authorization shall be signed by the client and by the
client's parent or legal guardian, pursuant to N.J.S.A. 45:14B-36(e).
b) This section shall not require a licensee to release to a minor's parent or guardian records or
information relating to the minor's sexually transmitted disease, termination of pregnancy or
substance abuse, treatment considered confidential information in accordance with N.J.S.A.
9:17A-4, or any other information that in the reasonable exercise of the licensee's
professional judgment may adversely affect the minor's health or welfare.
c) Unless otherwise ordered by a court, at least one parent or guardian shall consent to the
treatment of a minor. If one parent consents, a licensee may treat a minor even over the
objection of the other parent.
d) The provisions at N.J.A.C. 13:34-18.3, 18.4 and 18.5, concerning access to client records,
access by a managed health care plan to information in client records and confidentiality of
records, shall apply to minors.
13:34-18.7 TRANSFER OR DISPOSAL OF RECORDS
a) If a licensee ceases to engage in practice or it is anticipated that he or she will remain out-of-
practice for more than three months, the licensee shall comply with the requirements
concerning termination of services set forth at N.J.A.C. 13:34-30.5(c) and shall:
1)
Establish a procedure by which clients can obtain a copy of the treatment records or
acquiesce in the transfer of those records to another licensee or health care professional
who is assuming responsibilities of the practice. However, a licensee shall not charge a
client for a copy of the records, when the records will be used for purposes of continuing
treatment or care;
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2)
Make reasonable efforts to directly notify any client treated during the six months
preceding the cessation, providing information concerning the established procedure for
retrieval of records; and
3)
If a licensee is unable to notify all clients, publish a notice of the cessation and the
established procedure for the retrieval of records in a newspaper of general circulation in
the geographic location of the licensee's practice, at least once each month for the first
three months after the cessation.
SUBCHAPT ER 19.
PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS:
GENERAL OBLIG ATIONS OF A LICENSEE
13:34-19.1 POSTING OF PRACTICE AUTHORIZATION AND NOTIFICATION OF
AVAILABILITY OF FEE INFORMATION
a) All licensees, whether in an agency setting or conducting independent practice, shall ensure
that the following notices are prominently displayed in a waiting room or other area where
they will be visible to the licensee's clients:
1)
Professional counselors and associate counselors are licensed by the Board of Marriage
and Family Therapy Examiners, Professional Counselor Examiners Committee, an
agency of the Division of Consumer Affairs. Any member of the consuming public having
a complaint relative to the practice conducted by a professional or associate counselor
shall notify the Professional Counselor Examiners Committee, PO Box 45007, 124
Halsey Street, Newark, New Jersey 07101, www.njconsumeraffairs.gov/pc, or the New
Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New
Jersey 07101, www.njconsumeraffairs.gov.
2)
"INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU ON REQUEST."
13:34-19.2 NOTIFICATION OF CHANGE OF ADDRESS OR NAME; SERVICE OF
PROCESS; DUTY TO NOTIFY
a) Each licensee shall notify the Committee, in writing, within 30 days of any change in address
on file with the Committee and shall specify whether the address is a residence or
employment address.
b) A licensee whose name has been legally changed shall forward to the Committee by certified
mail, return receipt requested, no later than 30 days following the change of name, legal
evidence of such change and copies of two forms of identification, one of which shall be an
United States government-issued or State government-issued photo identification. Upon
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receipt of these items, the Committee shall issue to the licensee a new license. Upon receipt
of the new license, the licensee shall immediately remit the original license to the
Committee.
c) Service of an administrative complaint or other documents from the Board, the Committee,
the Attorney General or the Division of Consumer Affairs at the address on file with the
Committee shall be deemed adequate notice for the commencement of any inquiry or
disciplinary proceeding.
d) Each licensee shall, within 30 days of receiving a notice of disciplinary action taken against
the licensee in another jurisdiction, report such action to the Committee in writing.
13:34-19.3 SEXUAL MISCONDUCT
a) As used in this section, the following terms have the following meanings unless the context
indicates otherwise:
"Client" means any person who is the recipient of a professional counseling service
rendered by a licensee. "Client" for purposes of this section also means a person who is the
subject of professional assessment even if the purpose of that assessment is unrelated to
treatment.
"Sexual contact" means the knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be construed by a
reasonable person to be motivated by the licensee's own prurient interest or for sexual
arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a
part of the licensee's body upon a part of the client's body, sexual penetration, or the
insertion or imposition of any object or any part of a licensee or client's body into or near the
genital, anal, or other opening of the other person's body.
"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal
or non-verbal conduct that is sexual in nature, and which occurs in connection with a
licensee's activities or role as a provider of professional counseling services, and that is
either unwelcome, offensive to a reasonable person, or creates a hostile work place
environment, and the licensee knows, should know, or is told this, or is sufficiently severe or
intense to be abusive to a reasonable person in that context. "Sexual harassment" may
consist of a single extreme or severe act, or multiple acts, and may include, but is not limited
to, conduct of a licensee with a client, co-worker, employee, student, supervisee or research
subject, whether or not such individual is in a subordinate position to the licensee.
b) A licensee shall not seek, solicit or engage in sexual contact with a client with whom he or
she has a current client-counselor relationship.
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c) In circumstances where the client is, or should be recognized by the licensee as, clearly
vulnerable by reason of emotional or cognitive disorder to exploitive influence by the
licensee, the prohibition on sexual contact shall extend indefinitely.
d) A licensee shall not engage in sexual harassment in a professional setting (including, but not
limited to, an office, hospital or health care facility) or outside of the professional setting.
e) A licensee shall not accept as a client a current or former sexual partner.
f) A licensee shall not conduct or engage in therapy groups, activities which promote, allow, or
involve physical contact of a sexual nature between the licensee and group members or
between group members themselves.
g) A licensee shall not engage in any discussion of an intimate sexual nature with a client
unless that discussion is directly related to legitimate client needs and furthers the client's
professional counseling treatment. At no time shall any such discussions include disclosure
by the licensee to the client of his or her own intimate sexual relations or relationships.
h) A licensee shall not engage in any other activity in a professional counseling relationship
which would lead a reasonable person to believe that the activity serves the licensee's
personal prurient interests or is for the sexual arousal, sexual gratification, or sexual abuse
of the licensee or client.
i) A licensee shall not seek, solicit or engage in sexual contact with a current client's
immediate family member, a former client, a former client's immediate family member or a
former student when counseling services were rendered to the client, former client or former
student within the immediately preceding 24 months, or with a current student, a current
direct supervisor or supervisee or a current research subject. A licensee shall not seek,
solicit, accept or participate in sexual contact with any person in exchange for professional
services.
j) Violation of any of the prohibitions or directives set forth in (b) through (i) above shall be
deemed to constitute gross or repeated malpractice pursuant to N.J.S.A. 45:1-21(c) and (d)
respectively, or professional misconduct pursuant to N.J.S.A. 45:1-21(e).
k) It shall not be a defense to any action under this section that:
1)
The client, the client's immediate family member, former client, the former client's
immediate family member, student, supervisor, supervisee or research subject solicited
or consented to sexual contact with the licensee; or
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2)
The licensee was in love with or had affection for the client, the client's immediate family
member, former client, the former client's immediate family, student, supervisor,
supervisee or research subject.
13:34-19.4 REAL ESTATE ARRANGEMENTS
a) A licensee may be an owner, investor or lessor in real estate utilized for the conduct of a
professional practice, provided that rent, dividends or any other forms of remuneration are
received solely on the basis of the investment or fair market value, as applicable to the
circumstances.
b) A licensee may lease space to or from another licensed health care professional to which
clients are referred only where rent is a fixed fee determined by the fair market value, or
less, and is for a regular term and not for sporadic use of the space.
c) A licensee may lease professional space from a commercial entity on any arrangements
consistent with standard business practice in the community, provided the arrangements do
not affect the licensee's professional discretion in matters, including choice of clients,
professional services offered or fees.
d) The establishment of any lease, investment or other commercial relationship for the conduct
of professional practice other than as set forth in this section shall require Committee
approval for good cause shown.
13:34-19.5 LICENSE RENEWAL
a) The Committee shall send a notice of renewal to each licensee, at least 60 days prior to the
expiration of the license. The notice of renewal shall explain inactive renewal and advise the
licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to
the expiration date, no monetary penalties or fines shall apply to the holder for failure to
renew provided that the license is renewed within 60 days from the date the notice is sent or
within 30 days following the date of license or registration expiration, whichever is later.
b) A licensee shall renew his or her license for a period of two years from the last expiration
date. The licensee shall submit a renewal application to the Committee, along with the
renewal fee set forth in N.J.A.C. 13:34-17.1, prior to the date of license expiration.
c) A licensee may renew his or her license by choosing inactive status. A licensee electing to
renew his or her license as inactive shall not engage in the practice of a professional
counselor or associate counselor, or hold herself or himself out as eligible to engage in the
practice of a professional counselor or associate counselor, in New Jersey until such time as
the license is returned to active status.
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d) If a licensee does not renew the license prior to its expiration date, the licensee may renew
the license within 30 days of its expiration by submitting a renewal application, a renewal
fee, and a late fee as set forth in N.J.A.C. 13:34-17.1. During this 30-day period, the license
shall be valid and the licensee shall not be deemed practicing without a license.
e) A licensee who fails to submit a renewal application within 30 days of license expiration shall
have his or her license suspended without a hearing.
f) A licensee who continues to engage in the practice of a professional counselor or associate
counselor with a suspended license shall be deemed to be engaging in the unauthorized
practice of a professional counselor or associate counselor and shall be subject to action
consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided
to the individual.
13:34-19.6 LICENSE REACTIVATION
a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:34-19.5(c) may apply to the
Committee for reactivation of the inactive license. A licensee seeking reactivation of an
inactive license shall submit:
1)
A renewal application;
2)
A certification of employment listing each job held during the period the license,
registration, or certification was inactive, which includes the name, address, and
telephone number of each employer;
3)
The renewal fee for the biennial period for which reactivation is sought as set forth in
N.J.A.C. 13:34-17.1.
i) If the renewal application is sent during the first year of the biennial period, the
applicant shall submit the renewal fee as set forth in N.J.A.C. 13:34-17.1.
ii) If the renewal application is sent during the second year of the biennial period, the
applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:34-17.1;
and
4)
Evidence of having completed all continuing education credits that were required to be
completed during the biennial period immediately prior to the renewal period for which
reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:34-15.1
and 15.2.
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i) An applicant who holds a valid, current license in good standing issued by another
state to engage in the practice of a professional counselor or associate counselor
and submits proof of having satisfied that state’s continuing education requirements
for that license, shall be deemed to have satisfied the requirements of this paragraph.
If the other state does not have any continuing education requirements, the
requirements of this paragraph apply.
ii) To the extent that specific courses are required to satisfy the continuing education
requirement for, or are required to have been satisfied prior to, the biennial period for
which reactivation is sought, the Committee will allow applicants to take the courses
within 12 months following reactivation.
b) If a Committee review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reactivation, the Committee may require
the applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Committee prior to reactivation
of the license. If that examination or assessment identifies deficiencies or educational needs,
the Committee may require the applicant, as a condition of reactivation of licensure, to take
and successfully complete any education or training or to submit to any supervision,
monitoring, or limitations as the Committee determines is necessary to assure that the
applicant practices with reasonable skill and safety. The Committee, in its discretion, may
restore the license subject to the applicant’s completion of the training within a period of time
prescribed by the Committee following the restoration of the license. In making its
determination whether there are practice deficiencies requiring remediation, the Committee
shall consider the following non-exhaustive issues:
1)
Length of duration license was inactive;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license or registration by
any licensing board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of a professional counselor or associate counselor or
other professional or occupational practice in New Jersey, any other state, the District of
Columbia, or in any other jurisdiction;
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6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of a professional counselor or associate counselor
or other professional or occupational practice in New Jersey, any other state, the District
of Columbia, or in any other jurisdiction.
13:34-19.7 LICENSE REINSTATEMENT
a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:34-19.5(e)
may apply to the Committee for reinstatement. A licensee applying for reinstatement shall
submit:
1)
A reinstatement application;
2)
A certification of employment listing each job held during the period of suspended
license, which includes the names, addresses, and telephone number of each employer;
3)
The renewal fee for the biennial period for which reinstatement is sought;
4)
The past due renewal fee for the biennial period immediately preceding the renewal
period for which reinstatement is sought;
5)
The reinstatement fee set forth in N.J.A.C. 13:34-17.1; and
6)
Evidence of having completed all continuing education credits that were required to be
completed during the biennial period immediately prior to the renewal period for which
reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:34-15.1
and 15.2.
i) An applicant who holds a valid, current license in good standing issued by another
state to engage in the practice of a professional counselor or associate counselor
and submits proof of having satisfied that state’s continuing education requirements
for that license, shall be deemed to have satisfied the requirements of this paragraph.
If the other state does not have any continuing education requirements, the
requirements of this paragraph shall apply.
ii) To the extent that specific courses are required to satisfy the continuing education
requirement for, or are required to have been satisfied prior to, the biennial period for
which reinstatement is sought, the Committee will allow applicants to take the
courses within 12 months following reinstatement.
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b) If a Committee review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reinstatement, the Committee may
require the applicant to submit to and successfully pass an examination or an assessment of
skills, a refresher course, or other requirements as determined by the Committee prior to
reinstatement of the license. If that examination or assessment identifies deficiencies or
educational needs, the Committee may require the applicant, as a condition of reinstatement
of licensure, to take and successfully complete any education or training or to submit to any
supervision, monitoring, or limitations as the Committee determines is necessary to assure
that the applicant practices with reasonable skill and safety. The Committee, in its discretion,
may restore the license subject to the applicant’s completion of the training within a period of
time prescribed by the Committee following the restoration of the license. In making its
determination whether there are practice deficiencies requiring remediation, the Committee
shall consider the following non-exhaustive issues:
1)
Length of duration license was suspended;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license by any licensing
board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of a professional counselor or associate counselor or
other professional or occupational practice in New Jersey, any other state, the District of
Columbia, or in any other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of a professional counselor or associate counselor
or other professional or occupational practice in New Jersey, any other state, the District
of Columbia, or in any other jurisdiction.
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SUBCHAPT ER 20.
REHABILITATION COUNS ELORS: PURPOSE AND S COPE;
DEF INIT IONS; SCOPE OF PRACT ICE
13:34-20.1 PURPOSE AND SCOPE
a) The rules in this subchapter implement the provisions of the Professional Counselor
Licensing Act, P.L. 1993, c.340 (N.J.S.A. 45:8B-34 et seq.) (the "Act") as amended and
supplemented by P.L. 1997, c.155, and regulate the profession of rehabilitation counseling,
as defined in N.J.A.C. 13:34-20.2, within the State of New Jersey.
b) Except as set forth in (c) below, this subchapter shall apply to all individuals who render
rehabilitation counseling services, as defined in N.J.A.C. 13:34-20.2, and to anyone within
the jurisdiction of the Professional Counselor Examiners Committee.
c) This subchapter shall not apply to an individual exempt from the provisions of the Act
pursuant to N.J.S.A. 45:8B-48, including, but not limited to, an individual acting within the
scope of a profession or occupation licensed by this State and doing work of a nature
consistent with the person's training, as long as the person does not hold himself or herself
out to the public as a rehabilitation counselor.
13:34-20.2 DEFINITIONS
The following words and terms, as used in N.J.A.C. 13:34-20 through 28, shall have the
following meanings, unless the context clearly indicates otherwise:
"Clinical assessment and evaluation of persons with disabilities" means assessing, analyzing
and evaluating physical and psychiatric disabilities of persons with disabilities in terms of the
vocational implications of disabilities and medical aspects and implications of disabilities,
including physical and functional capacities of the person and the psychosocial and cultural
impact of disabilities for the purpose of exploring possible solutions, developing goals, and
developing personalized plans for identified needs.
"Group supervision" means the ongoing process of supervising no more than six mental
health counselors in a group setting by a permissible qualified supervisor.
"Major life activities" include such activities as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning and working, consistent with the
provisions of the Americans with Disabilities Act Code, 36 CFR 1191 et seq.
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"One calendar year" means a maximum of 1,500 hours of supervised counseling experience
over a period of 52 weeks, which is considered full-time or no less than 750 hours of supervised
counseling experience in each of two 52 week periods for a total of 1,500 hours of supervised
counseling experience, which is considered part-time. No more than 30 hours of supervised
counseling experience shall be obtained in any one week. No more than 125 hours of
supervised counseling experience shall be earned in any one month.
"Persons with disabilities" means persons who have a physical and/or psychiatric impairment
that substantially limits one or more major life activities.
"Program evaluation" means the effort to determine what changes occur as a result of a
planned program by comparing actual changes (results) with desired changes (stated goals),
and by identifying the degree to which the activity (planned program) is responsible for those
changes.
"Psychiatric disabilities" include mental or psychological disorders, such as mental
retardation, organic brain syndrome, emotional or mental illness, developmental disabilities and
specific learning disabilities.
"Qualified supervisor" means an individual who holds a clinical license to provide mental
health counseling services for a minimum of two years in the state where the services are being
provided, and who has:
1.
A clinical supervisor's certificate from the National Board for Certified Counselors Center
for Credentialing and Education or its successor, the American Society of Addictive
Medicine or its successor, the American Psychiatric Association or its successor or the
American Association of Marriage and Family Therapy or its successor; or
2.
Completed a minimum of three graduate credits in clinical supervision from a regionally
accredited institution of higher education.
A "qualified supervisor" shall satisfy all requirements set forth in N.J.A.C. 13:34-23.1.
"Rehabilitation counseling" means offering to assist or assisting, for a fee or other
compensation, a person through a rehabilitation counseling relationship to develop an
understanding of the personal, social and vocational impact of their disabilities and to plan and
implement a rehabilitation program, which may include training to help the person become more
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independent and employable. Rehabilitation counseling entails the clinical assessment and
evaluation of mental, emotional, behavioral and associated distresses, which interfere with
mental health and development.
"Rehabilitation counseling experience" means the rendering of rehabilitation counseling
services while under the supervision of a qualified supervisor.
"Rehabilitation counseling interventions" means services implemented in the context of a
rehabilitation counseling relationship between a rehabilitation counselor and persons with
disabilities and the application of individual and group counseling theories and strategies, career
development and work adjustment theories and strategies, behavior and personality theories
and strategies and family counseling theories and strategies, specifically implemented for the
purpose of helping persons with disabilities to understand and to deal with the personal, social
and vocational impact of their disabilities. "Rehabilitation counseling interventions" include, but
are not limited to, the following:
1.
Appraisal and assessment, defined as:
i. Selecting, administering, scoring and interpreting instruments designed to assess an
individual's aptitudes, attitudes, abilities, achievements, interests, personal
characteristics, disabilities and mental, emotional and behavioral disorders; and
ii. Using methods and techniques for understanding human behavior in relation to
coping with, adapting to or changing life situations;
2.
Counseling, defined as assisting an individual or group through the counseling
relationship to develop an understanding of intrapersonal and interpersonal problems, to
define goals, to make decisions, to plan a course of action reflecting the client's needs,
interests and abilities and to use informational and community resources as these
methods are related to career development and adjustment and to mental, emotional,
social, educational and existential issues;
3.
Consulting, defined as applying scientific principles and procedures in counseling and
human development to provide assistance in understanding and solving current or
potential problems that the client(s) may have in relation to an individual, a group or an
organization;
4.
Referral, defined as evaluating and identifying needs of a client to determine the
advisability of referral to other specialists, informing the client of such judgment and
communicating as requested or deemed appropriate to such referral sources; sources;
and
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5.
Research, defined as a systematic effort to collect, analyze and interpret quantitative or
qualitative data that describe how social characteristics, behavior, emotions, cognition,
disabilities, mental disorders and interpersonal transactions among persons and
organizations interact.
"Substantially limits one or more major life activities" means an impairment which
substantially interferes with the accomplishment of a major life activity or activities when the
person's major life activity or activities are restricted as to the conditions, manner, or duration
under which they can be performed without impairment.
"Supervision" or "supervised" means the weekly interaction with a qualified supervisor who
monitors the performance of the supervisee and provides weekly, documented face-to-face
consultation, guidance and instruction with respect to the counseling skills and competencies of
the supervisee and includes at least 50 hours of face-to-face supervision per one calendar year,
at the rate of one hour per week, of which not more than 10 hours may be group supervision.
"Supervisee" means a person providing rehabilitation counseling services under the
supervision of a qualified supervisor.
13:34-20.3 SCOPE OF PRACTICE; REHABILITATION COUNSELOR
The scope of practice of a rehabilitation counselor includes, but is not limited to,
rehabilitation counseling interventions, clinical assessment and evaluation of persons with
disabilities, program evaluation, and rehabilitation counseling as those terms are defined in
N.J.A.C. 13:34-20.2.
SUBCHAPT ER 21.
REHABILITATION COUNS ELORS: APPLICATION PROCEDURE;
DEF INIT IONS
13:34-21.1 (RESERVED)
13:34-21.2 REHABILITATION COUNSELOR: APPLICATION AND EDUCATIONAL
REQUIREMENTS
a) An applicant for licensure as a rehabilitation counselor shall submit the following to the
Committee:
1)
A completed application form, which contains information concerning the applicant's
educational and experiential background;
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2)
The application fee set forth in N.J.A.C. 13:34-26.1;
3)
An official transcript(s) indicating that the applicant has obtained a master's degree in a
planned educational program designed to prepare students for the professional practice
of rehabilitation counseling from a regionally accredited institution of higher education.
The degree and official transcript shall clearly indicate coursework in the following areas:
i) Introduction to rehabilitation counseling that includes: an overview of the history and
philosophy of the counseling profession, including legislation and public policies that
affect individuals with disabilities; rehabilitation counseling scope of practice; codes
of ethics and ethical decision-making; and societal issues and trends affecting the
counseling profession;
ii) Counseling theories and practice that include the study of the major theories of
counseling and personality, key concepts, the therapeutic process and applications in
providing counseling services;
iii) Psychosocial aspects of disability that examine medical, psychosocial, functional and
environmental aspects of disabilities with an emphasis on psychiatric, developmental,
cognitive and substance abuse disabilities and includes techniques to facilitate
adjustment and coping with disabilities for both individuals and families;
iv) Medical aspects of disability that examine medical, functional, environmental and
psychosocial aspects of disabilities, including appropriate intervention resources,
such as assistive technology and which focuses on the impact of physical and
sensory disabilities on the individual, family and environment;
v) Evaluation and assessment that provides a comprehensive overview of the theories,
principles, procedures and practices of appraisal of individuals that includes:
discussion of data and information gathering; reliability, validity and other
psychometric statistics; factors influencing appraisals; administering and interpreting
tests and measurements to assess abilities, interests and identify career options that
could be useful in the counseling relationship;
vi) Community counseling and resources that focus on the development of skills and
provides information about systems resources to guide individuals successfully
through the rehabilitation counseling process from referral to case closure and
includes methods and practices for effective case management, case recording and
documentation and interdisciplinary consultation in both public and private settings;
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vii) Research methods that provide an overview of basic statistics and types of research
studies; research implementation and report development; program evaluation,
including needs assessment, outcomes assessment, consumer satisfaction
measures, research publication and ethical and legal considerations in research;
viii) Group methods that focus on group leadership styles and techniques, group
dynamics and group process and different types of groups for different purposes;
ix) Social and cultural diversity issues that focus on the development of the awareness,
knowledge and skills needed to provide counseling services to clients from diverse
backgrounds, including increasing self-knowledge of one's own personal cultural
background, as well as developing a broad understanding of societal changes, trends
and concerns and learning counseling skills to provide services in an environment of
diversity;
x) Career development theory that focuses on theories of career and lifestyle
development, including information about identifying career options, occupational and
educational information and career decision making and planning;
xi) Career counseling and consultation that focuses on career development,
advancement, getting and keeping employment, including approaches to working
both with individuals seeking employment and with employers; and
xii) Practicum and internship that are designed for students to learn and practice
advanced counseling skills in the context of establishing and maintaining helping
relationships. A minimum of 100 hours of supervised field-based experience in an
approved agency is required for the practicum, and 600 hours for the internship.
Students shall attend weekly group and/or individual supervision to increase client
and helper self-understanding and development, as well as increase expertise in the
facilitation of change;
4)
A supervisor's certification documenting that the applicant has met the supervision
requirements for both the practicum and internship in rehabilitation counseling; and
5)
A Certification and Authorization Form for a Criminal History Background Check.
b) In order to be eligible for licensure, an applicant shall submit an official transcript(s) clearly
indicating that the applicant has obtained a master's degree from a rehabilitation counseling
degree program accredited, at the time of the applicant's graduation, by the Council on
Rehabilitation Education (CORE) or its successor.
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13:34-21.3 REHABILITATION COUNSELOR: EXPERIENCE REQUIREMENTS
a) In addition to the requirements listed in N.J.A.C. 13:34-21.2, an applicant for licensure as a
rehabilitation counselor shall submit to the Committee documentation indicating that the
applicant has met the supervised rehabilitation counseling experience requirements for
licensure as set forth below:
1)
Three calendar years of supervised rehabilitation counseling experience in a
rehabilitation counseling setting, only one calendar year of which may be obtained prior
to the granting of the master's degree. Hours of supervised rehabilitation counseling
experience obtained during college or university graduate level practicums or internships
may be counted toward satisfying a portion of the supervised counseling experience
requirement provided the courses labeled practicums or internships are not also used to
satisfy the educational requirements for licensure as set forth in N.J.A.C. 13:34-21.2; or
2)
Two calendar years of supervised rehabilitation counseling experience in a rehabilitation
counseling setting. Hours of supervised rehabilitation counseling experience obtained
during college or university graduate level practicums may be counted toward satisfying
a portion of the supervised rehabilitation counseling experience requirement provided the
courses labeled graduate level practicums or internships are not also used to satisfy the
educational requirements for licensure as set forth in N.J.A.C. 13:34-21.2. No more than
one calendar year of supervised professional counseling experience may be obtained
prior to the granting of the master's degree.
b) An applicant for licensure may take up to a maximum of six years to satisfy the supervised
rehabilitation counseling experience requirement within the definitions stated in N.J.A.C.
13:34-21.1. Rehabilitation counseling experience submitted to the Committee which occurs
before the date of the application may be accepted toward the fulfillment of the experience
requirement if the experience meets the criteria stated above including supervision by a
qualified supervisor.
13:34-21.4 REHABILITATION COUNSELOR: EXAMINATION REQUIREMENTS
a) In addition to the requirements stated in N.J.A.C. 13:34-21.2 and 21.3, an applicant for
licensure as a rehabilitation counselor shall submit to the Committee proof that the applicant
has successfully completed the Certified Rehabilitation Counselor Examination administered
by the Commission on Rehabilitation Counselor Certification (CRCC), or its successor.
b) The applicant shall only be admitted to the Certified Rehabilitation Counselor Examination
upon receipt of written permission from the Committee following the Committee's review of
the applicant's coursework, unless it is taken as part of the applicant's graduate degree
program or it is taken in another state pursuant to that state's examination requirements.
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13:34-21.5 PAYMENT OF LICENSING FEE; ABANDONMENT OF APPLICATION
a) An applicant for licensure shall submit the licensing fee set forth in N.J.A.C. 13:34-26.1 upon
receipt of notification from the Committee that his or her application for licensure has been
approved.
b) An application shall be deemed abandoned and closed if:
1)
The application has not been completed by the applicant within 12 months after it was
received by the Committee;
2)
The applicant fails to sit for or pass the Certified Rehabilitation Counselor Examination
within 12 months or any 12-month period thereafter upon written notification of eligibility
to take the examination; or
3)
The applicant fails to submit the licensing fee within six months following the date of
notification from the Committee that his or her application for licensure has been
approved.
c) An application submitted subsequent to the abandonment of a prior application shall be
treated as a new application and shall comply with all application requirements in this
subchapter.
13:34-21.6 REHABILITATION COUNSELOR: CREDIT TOWARDS LICENSURE FOR
EDUCATION, TRAINING, AND EXPERIENCE RECEIVED WHILE SERVING AS A
MEMBER OF THE ARMED FORCES
a) An applicant who has served in the Armed Forces of the United States (Armed Forces), and
who does not meet all of the training, education, and experience requirements for licensure
under N.J.A.C.13:34-21.2(b) and 21.3, may apply to the Committee for recognition of the
applicant’s training, education, or experience received while serving as a member of the Armed
Forces, which the Committee shall consider, together with any training, education, and
experience obtained outside of the Armed Forces, for determining substantial equivalence to the
training, education, and experience required for licensure.
b) The Board shall issue a license as a rehabilitation counselor to the applicant, if the applicant
presents evidence to the Committee that:
1)
The applicant has been honorably discharged from active military service;
2)
The relevant training, experience, and education the applicant received in the military,
together with any training, education, and experience obtained outside the Armed
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Forces, is substantially equivalent in scope and character to the training, education, and
experience required for licensure under N.J.A.C. 13:34-21.2(b) and 21.3.
i) An applicant seeking credit for military training and experience shall submit to the
Committee the applicant’s Verification of Military Experience and Training (VMET)
Document, DD Form 2586.
ii) An applicant seeking credit for education courses and/or training completed while in
the military, who does not hold a master’s degree from a rehabilitation counseling
degree program accredited, at the time of the applicant’s graduation, by the Council
on Rehabilitation Education (CORE) or its successor, shall submit to the Committee a
Joint Services Transcript of his or her education for a determination that the
education courses and/or training completed are substantially equivalent in level,
scope, and intent to a CORE accredited program as required for licensure under
N.J.A.C. 13:34-21.2(b). For the purpose of determining substantial equivalence of the
applicant’s military education and/or training, the Committee shall consider only those
education courses and/or training relevant to the practice of rehabilitation counseling
that have been evaluated by the American Council on Education for substantial
equivalence to civilian postsecondary curricula; and
3)
The applicant complies with all other requirements for licensure as a professional
counselor including successful completion of the Certified Rehabilitation Counselor
examination administered by the Commission on Rehabilitation Counselor Certification
as set forth in N.J.A.C. 13:34-21.4.
c) It is the applicant’s responsibility to provide timely and complete evidence of the training,
education, and experience gained in the military for review and consideration.
d) If the applicant’s military training, education and experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure as a rehabilitation
counselor, the Committee shall credit whatever portion of the military training, education, and
experience that is substantially equivalent towards meeting the requirements under N.J.A.C.
13:34-21.2(b) and 21.3 for the issuance of the license as a rehabilitation counselor.
e) Satisfactory evidence of such training, education, and experience shall be assessed on a
case-by-case basis.
SUBCHAPT ER 22.
(RESERVED)
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SUBCHAPT ER 23.
REHABILITATION COUNS ELORS: SUPERVISION
13:34-23.1 SUPERVISOR QUALIFICATIONS; SUPERVISOR RESPONSIBILITIES
a) A qualified supervisor, as defined in N.J.A.C. 13:34-21.1, shall meet the following
requirements prior to supervising the provision of professional counseling services:
1)
The individual shall have obtained 3,000 hours of work experience subsequent to holding
a clinical license to provide mental health counseling services. The 3,000 hours shall
have been obtained over a minimum of two years, but no more than six years; and
2)
The individual shall hold an approved clinical supervisor credential from the Center for
Credentialing and Education of the National Board for Certified Counselors (NBCC) or an
equivalent clinical supervisor credential recognized by the individual's respective
professional healthcare licensing board, if applicable.
b) A qualified supervisor shall be responsible for creating a written supervision plan with the
supervisee. The supervision plan shall outline the work setting, the supervisee's job
description, including the nature of his or her duties and his or her qualifications and the
supervisor's responsibilities and qualifications. Supervision may be provided through live
observation or through the review of videotapes, audiotapes and/or self-reporting of sessions
with clients, consistent with the requirements of (d) below.
c) The written supervision plan shall be approved by the Committee prior to the performance of
counseling by the supervisee.
d) A qualified supervisor shall perform and document the following activities with the
supervisee:
1)
The supervisor shall perform at least one of the following activities with the supervisee:
i) Work as a co-counselor with the supervisee;
ii) Observe the supervisee's sessions with clients;
iii) View videotapes of the supervisee's session with clients; or
iv) Listen to audiotapes of the supervisee's session with clients.
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2)
The supervisor shall perform at least one of the following activities with the supervisee:
i) React to case presentations given by the supervisee; or
ii) Conduct role-playing sessions with the supervisee.
3)
The supervisor shall perform all of the following activities:
i) Engage in problem-solving discussions with the supervisee concerning individual
clients;
ii) Enter into problem-solving discussions concerning the supervisee's own problems
that affect the supervisee's work with clients;
iii) Offer feedback to the supervisee concerning specific interventions utilized with
clients;
iv) Offer feedback to the supervisee concerning the supervisee's personal qualities as
they affect work with clients; and
v) Offer feedback to the supervisee concerning the supervision experience.
e) A qualified supervisor shall maintain all documentation with respect to the supervision
provided to supervisees for a minimum of three years. A qualified supervisor shall attest to
compliance with the supervision requirements of this section by completing all forms
provided by the Committee.
f) A qualified supervisor shall not supervise more than a total of six mental health counselors at
any one time.
g) Prior to a supervisee's commencement of client treatment, the supervisor shall obtain a
written disclosure, which shall be signed by the client and retained as part of the client
record, acknowledging that the client has been informed that services are to be rendered by
a supervisee under the supervision of a rehabilitation counselor or a physician practicing
rehabilitation medicine. If the written disclosure is included as part of another document
provided for the client's information, the disclosure shall be set forth in a conspicuous
manner so that it will be easily readable, clearly understood, signed by the client, and
retained as part of the client record.
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h) A qualified supervisor shall retain full professional responsibility for collecting fees from
clients.
i) A qualified supervisor shall be responsible for knowing the name and diagnosis of each
client being treated by a supervisee. A supervisor shall be ultimately responsible for the
welfare of the client with respect to the treatment being rendered by the supervisee.
j) A qualified supervisor shall ensure that the supervisee maintains, on an annual basis until
the supervisee is licensed as a rehabilitation counselor, documentation of supervised
experience, using forms provided by the Committee for that purpose. The supervisor shall
attest to compliance with the standards set forth in this section and shall indicate the hours
and dates during which the supervisee has been under supervision, the nature of the cases
being assigned, and the proficiency rating earned by the supervisee.
k) A qualified supervisor shall supervise only in areas for which he or she possesses the
requisite skills, training and experience.
l) A qualified supervisor shall not supervise an individual with whom the supervisor has a
relationship that may compromise the objectivity of the supervisor or impair the professional
judgment of the supervisor. Examples of inappropriate supervisory relationships include, but
are not limited to, current and former clients, current employers, relatives of the supervisor,
immediate relatives of current clients, current students or close friends.
13:34-23.2 RESPONSIBILITIES OF SUPERVISEE
a) The supervisee shall maintain documentation of supervised experience for each 52-week
period of supervised experience until the supervisee is licensed as a rehabilitation counselor.
b) A supervisee shall not engage in practice under supervision in any area for which the
supervisee has not had appropriate education and training.
c) A supervisee shall not engage in unsupervised or independent practice.
d) A supervisee shall not receive a professional fee from a client. A supervisee may be
compensated only through the supervisor or employing entity.
1)
Nothing in this subsection shall be construed to prohibit a supervisee from receiving from
a client, on behalf of the supervisor or employing entity, fees for professional services.
e) A supervisee shall not advertise professional services.
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13:34-23.3 SUPERVISED REHABILITATION COUNSELING EXPERIENCE ACQUIRED
PRIOR TO APPLICATION
a) An applicant may be granted up to one calendar year of supervised rehabilitation counseling
experience credit towards fulfillment of the supervised rehabilitation counseling experience
requirements for licensure as a rehabilitation counselor if the supervised experience hours
occurred before the granting of the master's degree as part of college or university graduate
courses which are practicums or internships, provided the courses labeled practicums or
internships are not also used to satisfy the educational requirements.
b) An applicant may be granted supervised rehabilitation counseling experience credit towards
the fulfillment of experience requirements for licensure as a rehabilitation counselor if the
supervised experience occurred after the granting of the master's degree, in a rehabilitation
counseling setting which is considered exempt as set forth in N.J.S.A. 45:8B-48(b) or (f), and
the experience was supervised by a qualified supervisor as set forth in N.J.A.C. 13:34-21.1.
c) An applicant may be granted credit towards the fulfillment of the supervised rehabilitation
counseling experience requirement for licensure as a rehabilitation counselor if the
experience hours occur as part of a planned post-master's degree program in counseling in
an accredited college or university designed to meet the requirements for licensure as a
rehabilitation counselor.
d) An applicant may purchase the services of a permissible supervisor if the supervision occurs
in a rehabilitation counseling setting and the supervisor fulfills the activities and
responsibilities of a supervisor as set forth in N.J.A.C. 13:34-23.1.
13:34-23.4 (RESERVED)
SUBCHAPT ER 24.
REHABILITATION COUNS ELORS: CONTINUING EDUCAT ION
13:34-24.1 LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENT
All licensed rehabilitation counselors shall complete 40 contact hours of continuing education
for license renewal, except during the period of initial licensure as provided in N.J.A.C. 13:34-
24.2(a). The licensed rehabilitation counselor shall confirm on the renewal application that the
licensee has completed all continuing education requirements pursuant to N.J.A.C. 13:34-24.1
and 24.2 during the biennial period preceding application for renewal.
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13:34-24.2 CONTACT-HOUR REQUIREMENTS FOR LICENSED REHABILITATION
COUNSELORS
a) A rehabilitation counselor shall not be required to obtain continuing education contact hours
required by N.J.A.C. 13:34-24.1 during the period of initial licensure prior to the rehabilitation
counselor's first biennial renewal period, but shall be subject to the requirements of N.J.A.C.
13:34-24.1 for all subsequent biennial renewal periods.
b) A licensed rehabilitation counselor shall complete at least five of the 40 contact hours in
ethical and legal standards in the counseling profession regardless of the number of contact
hours accrued during the biennial period.
c) A licensee shall complete at least three of the 40 contact hours of continuing education as
required by N.J.A.C. 13:34-24.1 in the subject area of social and cultural competence. For
the purposes of this subsection, social and cultural competence includes, but is not limited
to, an understanding of the cultural context of relationships; issues and trends in a diverse
society related to such factors as culture, ethnicity, nationality, age, gender, sexual
orientation, mental and physical characteristics, education, family values, religious and
spiritual values, socioeconomic status; and unique characteristics of individuals, couples,
families, ethnic groups and communities including any of the following:
1)
Multicultural and pluralistic trends, including characteristics and concerns between and
within diverse groups nationally and internationally;
2)
Attitudes, beliefs, understandings, and acculturative experiences, including specific
experiential learning activities;
3)
Individual, couple, family, group, and community strategies for working with diverse
populations and ethnic groups;
4)
Counselors' roles in social justice, advocacy and conflict resolution, cultural self-
awareness, the nature of biases, prejudices, process of intentional and unintentional
oppression and discrimination, and other culturally supported behaviors that are
detrimental to the growth of the human spirit, mind, or body;
5)
Theories of multicultural counseling, theories of identity development and multicultural
competencies; and
6)
Ethical and legal considerations relating to issues of diversity.
d) Commencing with the biennial renewal period beginning on December 1, 2018, at least one
of the 40 contact hours of continuing education shall, pursuant to P.L. 2017, c. 341, be in
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educational programs or topics concerning prescription opioid drugs, including the risks and
signs of opioid abuse, addiction, and diversion. This one credit shall not be eligible for carry-
over as described in (e) below.
e) If the licensed rehabilitation counselor earns more than 40 contact hours during a biennial
period, the rehabilitation counselor may carry a maximum of 10 contact hours into the next
succeeding biennial period.
13:34-24.3 APPROVAL OF COURSES OR PROGRAMS
a) The following are acceptable sources of continuing education courses, programs and
articles, as long as the courses, programs or articles fall within the content areas set forth in
(c) or (d) below or are directly related to rehabilitation counseling:
1)
Courses or programs approved by the National Board for Certified Counselors; the
American Counseling Association; the American Psychological Association; the
American Psychiatric Association; the National Association of Social Workers; the
American Association for Marriage and Family Therapy; the Commission on
Rehabilitation Counselors Certification; the American Orthopsychiatric Association; the
American Medical Association; the American Nursing Association; the National
Association of Alcoholism and Drug Abuse Counselors; the United States Psychiatric
Rehabilitation Association; the National Rehabilitation Association; the member boards of
the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse,
Inc.; and the Commission on Certification of Work Adjustment and Vocational Evaluation
Specialists;
2)
Teaching or completing graduate coursework at a regionally accredited institution of
higher education;
3)
Authoring a refereed article published in a professional journal within the preceding
biennial period; and
4)
Presentation of a course or program approved by one of the organizations listed at
N.J.A.C. 13:34-24.3(a)1.
b) Prior to seeking approval of continuing education credit from the Committee for attending or
presenting a course or program that has not been approved by any of the organizations
listed in (a)1 above, the rehabilitation counselor shall first apply to and obtain approval from
one of the listed organizations.
c) The following are acceptable content areas for continuing education:
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1)
Counseling practices, theories and techniques;
2)
Personality theories;
3)
Psychosocial aspects of disability;
4)
Medical aspects of disability;
5)
Evaluation and assessment;
6)
Rehabilitation services and resources;
7)
Research methods;
8)
Practicums or internships; or
9)
Ethical and legal standards in the counseling profession.
d) A course or program in the subject area of social and cultural competence for the purpose of
fulfilling the three contact hour continuing education requirement shall be obtained consistent
with (a) above or shall be subject to the approval of the Committee. A course or program in
the subject area approved by the Board of Marriage and Family Therapy Examiners, the
Board of Social Work Examiners, or the Alcohol and Drug Counselor Committee shall be
deemed acceptable by this Committee.
13:34-24.4 CONTINUING EDUCATION CREDITS AND CONTACT-HOUR
CALCULATION
a) The Committee shall grant credit only for continuing education courses and programs that
are at least one contact hour long and are directly related to rehabilitation counseling
practice. For purposes of this subchapter, a "contact hour" means a 60-minute clock hour
with no less than 50 minutes of content within the hour. Courses and programs may include
one 10-minute break for each contact hour.
b) A rehabilitation counselor shall complete and be able to verify the completion of a continuing
education course, program or article as set forth in N.J.A.C. 13:34-24.3 in order to receive
continuing education credit. The Committee shall grant a rehabilitation counselor continuing
education credit for each biennial renewal period as follows:
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1)
Completing graduate coursework at a regionally accredited institution of higher
education: 15 continuing education contact hours for each semester course credit
awarded beyond the required educational standards which the rehabilitation counselor
must complete for licensure as set forth in N.J.A.C. 13:34-21.2;
2)
Teaching graduate courses offered at a regionally accredited institution of higher
education: 15 continuing education contact hours for each semester course credit
awarded for each new course which a rehabilitation counselor teaches. For the purposes
of this subsection, "new" means a course that the rehabilitation counselor has not taught
previously in any educational setting;
3)
A refereed article published in a professional journal within the preceding biennial period:
four continuing education contact hours per article with a maximum of eight contact
hours per biennial period; and
4)
Course or program presentation: one and one-half continuing education contact hours for
each hour of a new offering up to a maximum of nine continuing education contact hours.
For the purposes of this subsection, "new" means a course or program that the
rehabilitation counselor has not previously presented.
13:34-24.5 DOCUMENTATION OF CONTINUING EDUCATION CREDIT
a) A rehabilitation counselor shall retain documentation of the continuing education hours which
the rehabilitation counselor completes in order to verify program attendance or activity
completion. Each rehabilitation counselor shall submit such documentation to the Committee
upon its request. The Committee may periodically audit the records of rehabilitation
counselors, on a random basis, to determine compliance with continuing education
requirements of this subchapter.
b) A rehabilitation counselor shall verify attendance at continuing education courses or
programs by a certificate of attendance or by a statement from the course or program
instructor. The verification shall include the name of the licensee, the name of the sponsor,
the title, location and date of the course or program, the signature of a program official and
the number of continuing education hours awarded.
c) A rehabilitation counselor shall verify continuing education activities by retaining the
following:
1)
For publications, a copy of the published article;
2)
For course or program presentations, copies of the program, syllabus, outlines and
bibliographies;
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3)
For teaching, copies of the syllabus, bibliography, course outline and verification from the
academic institution that the course was "new" as defined by N.J.A.C. 13:34-24.4(b)2;
and
4)
For graduate coursework, an official transcript.
d) A rehabilitation counselor shall maintain verification documentation for five years following
the renewal period for which the Committee has granted the rehabilitation counselor
continuing education credit.
e) Falsification of any information submitted with the renewal application or failure to meet the
continuing education requirements may result in the Committee taking appropriate
disciplinary measures, including suspension of license, pursuant to N.J.S.A. 45:1-21.
f) The Committee may reject any continuing education contact hours claimed for continuing
education credit that are not relevant to the practice of rehabilitation counseling in the State
of New Jersey.
13:34-24.6 WAIVER OF CONTINUING EDUCATION REQUIREMENTS
a) The Committee may waive continuing education requirements on an individual basis for
reasons of hardship such as illness, disability, active service in the military or other good
cause as established by the rehabilitation counselor.
b) A rehabilitation counselor who seeks a waiver of the continuing education requirements shall
provide to the Committee, in writing, the specific reasons for requesting the waiver and such
additional documentation as the Committee may request in support of the waiver.
SUBCHAPT ER 25.
(RESERVED)
SUBCHAPT ER 26.
REHABILITATION COUNS ELORS: F EES
13:34-26.1 FEES
a) The State Board of Marriage and Family Therapy Examiners shall charge the following fees
in connection with the licensure of rehabilitation counselors:
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1)
Application fee .................................................................................................... $75.00
2)
Initial license fee:
i) Rehabilitation counselor:
(1) During the first year of a biennial renewal period .............................. $250.00
(2) During the second year of a biennial renewal period. ....................... $125.00
3)
Biennial renewal:
i) Rehabilitation counselor ............................................................................ $250.00
4)
Late fee ............................................................................................................. $100.00
5)
Reinstatement Fee ........................................................................................... $150.00
6)
Duplicate wall certificate .................................................................................... $40.00
7)
Change of address ............................................................................................. $25.00
8)
Certification of licensure .................................................................................... $40.00
SUBCHAPT ER 27.
REHABILITATION COUNS ELORS: CLIENT RECORD S;
CONFIDENT IALIT Y
13:34-27.1 PREPARATION AND MAINTENANCE OF CLIENT RECORDS
a) A licensee shall prepare a permanent client record for each client which accurately reflects
the client contact with the licensee whether in an office, hospital, agency or other treatment,
evaluation or consultation setting.
b) A licensee shall make entries in the client record contemporaneously with the services
provided. A licensee may dictate an entry for later transcription, provided the transcription is
dated and identified as "preliminary" until the licensee reviews the transcription and finalizes
the entry in the client record.
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c) The licensee shall include in the client record material pertinent to the nature and extent of
the professional interaction, which shall include:
1)
The client name, address and telephone number:
2)
The client complaint on intake;
3)
Medical history recognized as of potential significance;
4)
Past and current medications;
5)
Significant social history;
6)
Findings on appropriate examination;
7)
Raw data and interpretation of tests, if administered;
8)
Current functional impairments and rating levels thereof;
9)
A diagnostic impression;
10)
Contemporaneous and dated progress or session notes including specific components of
treatment, evaluation or consultation;
11)
Dates of all treatment, evaluation or consultation sessions;
12)
The location of treatment, evaluation or consultation;
13)
An evaluation of progress (if applicable);
14)
A prognosis;
15)
The client identity on each page;
16)
Fees charged and paid;
17)
The identity of each provider of treatment, evaluation or consultation (and supervisor, if
any);
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18)
If services are rendered by a supervisee, the written disclosure form signed by the client;
and
19)
Information regarding referrals to other professionals.
d) The client record shall contain the written disclosure form required pursuant to N.J.A.C.
13:34-23.2(b), and reports and records provided by other professionals and integrated into
the client's treatment, evaluation or consultation report.
e) A licensee may make corrections or additions to an existing record provided that each
change is clearly identified as such, dated and initialed by the licensee. Any other alteration
of records shall be deemed professional misconduct.
f) When records are to be maintained as confidential, the licensee shall establish and maintain
a procedure to protect such records from access by unauthorized persons.
g) The licensee shall retain the permanent client record for at least seven years from the date
of last entry, unless otherwise provided by law.
h) The licensee shall establish reasonable procedures for maintaining the confidentiality of
client records in the event of the licensee's relocation, retirement, termination from practice,
death, or separation from a group practice, and shall establish reasonable procedures to
assure the preservation of client records which shall include at a minimum:
1)
Establishment of a procedure by which patients can obtain treatment records or
acquiesce in the transfer of those records to another licensee or health care professional
who is assuming the responsibilities of that practice; and
2)
Making reasonable efforts to directly notify any patient treated during the six months
preceding the cessation, and providing information concerning the established procedure
for retrieval of records.
i) Subsections (f) through (h) above shall not apply to a licensee employed in an agency
setting which does not, by agency policy, have control over client records.
13:34-27.2 USE OF PERSONAL OR OTHER COMPUTER TO PREPARE CLIENT
RECORDS
a) A licensee who prepares a client record maintained solely on a personal or other computer
shall use a write-protected program which:
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1)
Contains an internal permanently activated date and time recordation for all entries;
2)
Automatically prepares a back-up copy of the file; and
3)
Is designed in such manner that, after the licensee "signs" by means of a confidential
personal code ("CPC"), the entry cannot be changed in any manner.
b) Notwithstanding the permanent status of a prior entry, the licensee may make a new entry at
any time and may indicate correction to a prior entry.
c) The licensee shall include in the client record at least two forms of identification; for
example, name and record number or any other specific identifying information.
d) The licensee shall finalize or "sign" the entry by means of a CPC. Where more than one
individual is authorized to make entries into the computer file of any client record, the
licensee responsible for the practice shall assure that each person obtains a CPC and uses
the program in the same manner.
13:34-27.3 ACCESS TO COPY OF CLIENT RECORD
a) For purposes of this section, "authorized representative" means, but is not necessarily
limited to, a person designated by the client or a court to exercise rights under this section.
An authorized representative may be the client's attorney or an agent of a third-party payer
with whom the client has a contract, which provides that the third-party payer be given
access to records to assess a claim for monetary damages or reimbursement.
b) A licensee may require the record request to be in writing. The licensee shall provide a copy
of the client record and/or billing records, including reports relating to the client, no later than
30 days from receipt of a request from a client or duly authorized representative. Limitations
on this requirement are set forth in (g) below and in N.J.A.C. 13:34-27.5.
c) Unless otherwise required by law, the licensee may elect to provide a summary of the
record, as long as the summary adequately and accurately reflects the client's history and
treatment.
d) A licensee may charge a reasonable fee for the preparation of a summary and reproduction
of records, which shall be no greater than an amount reasonably calculated to recoup the
costs of transcription or copying.
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e) The licensee's obligation hereunder to release information shall include the obligation to
complete forms or reports required for third party reimbursement of client treatment
expenses. The licensee may charge reasonable fees for completion of reports other than
health insurance claim forms, for which no fee may be charged pursuant to N.J.S.A. 45:1-12.
f) When a request is made for release of already completed reports to enable the client to
receive ongoing care by another practitioner, or for use in judicial proceedings, the licensee
shall not require prior payment for the professional services to which such reports relate as a
condition for making such reports available. A licensee may, however, require advance
payment for a report prepared for the licensee's services as an expert witness.
g) A licensee may withhold information contained in the client record or the client's guardian if
in the reasonable exercise of his or her professional judgment, the licensee believes release
of such information would adversely affect the client's health or welfare. That record or the
summary, with an accompanying explanation of the reasons for the original refusal, shall
nevertheless be provided upon request of and directly to:
1)
The client's attorney;
2)
Another licensed health care professional; or
3)
The client's health insurance carrier.
13:34-27.4 ACCESS BY A MANAGED HEALTH CARE PLAN TO INFORMATION IN
CLIENT RECORD
a) With regard to a client whose treatment cost is covered by a wholly insured health insurance
plan or a managed health care plan, a licensee shall make all required information available
upon the request of the client or duly authorized representative with the client's consent.
b) A licensee whose client has explicitly waived the counselor-client confidentiality privilege
established by N.J.S.A. 45:8B-49 may release requested information deemed professionally
appropriate to a third-party payer whose benefit plan is qualified under the Federal Employee
Retirement Income Security Act (ERISA); that is, the plan of a self-insured employer or an
entity providing administrative services to that employer for the purposes of determining
entitlement to benefits.
13:34-27.5 CONFIDENTIALITY
a) A licensee shall preserve the confidentiality of information obtained from a client in the
course of performing rehabilitation counseling services for the client, except in the following
circumstances:
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1)
Disclosure is required by Federal or State law or regulation;
2)
Disclosure is required by the Board or the Office of the Attorney General during the
course of an investigation;
3)
Disclosure is required by a court of competent jurisdiction pursuant to an order;
4)
The licensee has information that the client presents a clear and present danger to the
health or safety of an individual;
5)
The licensee is a party defendant to a civil, criminal or disciplinary action arising from the
rehabilitation counseling services provided, in which case a waiver of the privilege
accorded by this section shall be limited to that action; or
6)
The client agrees in writing to waive the privilege accorded by this section. In
circumstances where more than one person in a family is receiving rehabilitation
counseling services, each family member who is at least 18 years of age or older must
agree to the waiver. Where required by Federal or State law, persons under the age of
18 years of age must agree to the waiver. Absent a waiver of each family member, a
licensee shall not disclose any information received from any family member.
b) A licensee shall establish and maintain procedures to protect client records from access by
unauthorized persons.
c) A licensee shall establish procedures for maintaining the confidentiality of client records in
the event of the licensee's relocation, retirement or death and shall establish reasonable
procedures to assure the preservation of client records.
d) In the case of a client's death:
1)
Confidentiality survives the client's death and a licensee shall preserve the confidentiality
of information obtained from the client in the course of the licensee's teaching, practice
or investigation;
2)
The disclosure of information in a deceased client's records is governed by the same
provisions for living clients set forth in N.J.A.C. 13:34-27.3, 27.4 and 27.6; and
3)
A licensee shall retain a deceased client's record for at least seven years from the date
of last entry, unless otherwise provided by law.
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e) A licensee may discuss the information obtained in clinical or consulting relationships or in
evaluating data concerning children, students, employees and others, only for professional
purposes and only with persons clearly connected with the case, as provided under
applicable State and Federal laws and regulations.
f) A licensee may reveal, in writing, lectures or other public forums, personal information
obtained during the course of professional work only as follows:
1)
With prior consent of the clients or persons involved; or
2)
Where the identity of the client or person involved is adequately disguised.
13:34-27.6 MINORS
a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be
deemed to be an authorized representative, as defined at N.J.A.C. 13:34-27.3(a). Except as
provided for at N.J.S.A. 9:17A-4, when the client is more than 14 years of age, but has not
yet reached the age of majority, the authorization shall be signed by the client and by the
client's parent or legal guardian, pursuant to N.J.S.A. 45:14B-36(e).
b) This section shall not require a licensee to release to a minor's parent or guardian records or
information relating to the minor's sexually transmitted disease, termination of pregnancy or
substance abuse, treatment considered confidential information in accordance with N.J.S.A.
9:17A-4, or any other information that in the reasonable exercise of the licensee's
professional judgment may adversely affect the minor's health or welfare.
c) Unless otherwise ordered by a court, at least one parent or guardian shall consent to the
treatment of a minor. If one parent consents, a licensee may treat a minor even over the
objection of the other parent.
d) The provisions at N.J.A.C. 13:34-27.3, 27.4 and 27.5, concerning access to client records,
access by a managed health care plan to information in client records and confidentiality of
records, shall apply to minors.
13:34-27.7 TRANSFER OR DISPOSAL OF RECORDS
a) If a licensee ceases to engage in practice or it is anticipated that he or she will remain out-of-
practice for more than three months, the licensee shall comply with the requirements
concerning termination of services set forth at N.J.A.C. 13:34-30.5(c) and shall:
1)
Establish a procedure by which clients can obtain a copy of the treatment records or
acquiesce in the transfer of those records to another licensee or health care professional
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who is assuming responsibilities of the practice. However, a licensee shall not charge a
client for a copy of the records, when the records will be used for purposes of continuing
treatment or care.
2)
Make reasonable efforts to directly notify any client treated during the six months
preceding the cessation, providing information concerning the established procedure for
retrieval of records; and
3)
If a licensee is unable to notify all clients, publish a notice of the cessation and the
established procedure for the retrieval of records in a newspaper of general circulation in
the geographic location of the licensee's practice, at least once each month for the first
three months after the cessation.
SUBCHAPT ER 28.
REHABILITATION COUNS ELORS: GENERAL OBLIG AT IONS OF A
LICENSEE
13:34-28.1 POSTING OF PRACTICE AUTHORIZATION AND NOTIFICATION OF
AVAILABILITY OF FEE INFORMATION
a) All licensees, whether in an agency setting or conducting independent practice, shall ensure
that the following notices are prominently displayed in a waiting room or other area where
they will be visible to the licensee's clients:
1)
Rehabilitation counselors are licensed by the Board of Marriage and Family Therapy
Examiners, Professional Counselor Examiners Committee, an agency of the Division of
Consumer Affairs. Any member of the consuming public having a complaint relative to
the practice conducted by a rehabilitation counselor shall notify the Professional
Counselor Examiners Committee, PO Box 45007, 124 Halsey Street, Newark, New
Jersey 07101, www.njconsumeraffairs.gov/pc, or the New Jersey Division of Consumer
Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101,
www.njconsumeraffairs.gov.
2)
"INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU ON REQUEST."
13:34-28.2 NOTIFICATION OF CHANGE OF ADDRESS OR NAME; SERVICE OF
PROCESS; DUTY TO NOTIFY
a) Each licensee shall notify the Committee, in writing, within 30 days of any change in address
on file with the Committee and shall specify whether the address is a residence or
employment address.
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b) A licensee whose name has been legally changed shall forward to the Committee by certified
mail, return receipt requested, no later than 30 days following the change of name, legal
evidence of such change and copies of two forms of identification, one of which shall be an
United States government-issued or State government-issued photo identification. Upon
receipt of these items, the Committee shall issue to the licensee a new license. Upon receipt
of the new license, the licensee shall immediately remit the original license to the
Committee.
c) Service of an administrative complaint or other documents front the Board, the Committee,
the Attorney General or the Division of Consumer Affairs at the address on file with the
Committee shall be deemed adequate notice for the commencement of any inquiry or
disciplinary proceeding.
d) Each licensee shall, within 30 days of receiving a notice of disciplinary action taken against
the licensee in another jurisdiction, report such action to the Committee in writing.
13:34-28.3 SEXUAL MISCONDUCT
a) As used in this section, the following terms have the following meanings unless the context
indicates otherwise:
"Client" means any person who is the recipient of a rehabilitation counseling service
rendered by a licensee. "Client" for purposes of this section also means a person who is the
subject of professional assessment even if the purpose of that assessment is unrelated to
treatment.
"Sexual contact" means the knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be construed by a
reasonable person to be motivated by the licensee's own prurient interest or for sexual
arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a
part of the licensee's body upon a part of the client's body, sexual penetration, or the
insertion or imposition of any object or any part of a licensee or client's body into or near the
genital, anal, or other opening of the other person's body.
"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal
or non-verbal conduct that is sexual in nature, and which occurs in connection with a
licensee's activities or role as a provider of rehabilitation counseling services, and that is
either unwelcome, offensive to a reasonable person, or creates a hostile work place
environment, and the licensee knows, should know, or is told this, or is sufficiently severe or
intense to be abusive to a reasonable person in that context. "Sexual harassment" may
consist of a single extreme or severe act, or multiple acts, and may include, but is not limited
to, conduct of a licensee with a client, co-worker, employee, student, supervisee, or research
subject, whether or not such individual is in a subordinate position to the licensee.
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b) A licensee shall not seek, solicit or engage in sexual contact with a client with whom he or
she has a current client-counselor relationship.
c) In circumstances where a client is, or should be recognized by the licensee as, clearly
vulnerable by reason of emotional or cognitive disorder to exploitive influence by the
licensee, the prohibition on sexual contact shall extend indefinitely.
d) A licensee shall not engage in sexual harassment in a professional setting (including, but not
limited to, an office, hospital or health care facility) or outside of the professional setting.
e) A licensee shall not accept as a client a current or former sexual partner.
f) A licensee shall not conduct or engage in therapy groups, activities which promote, allow, or
involve physical contact of a sexual nature between the licensee and group members or
between group members themselves.
g) A licensee shall not engage in any discussion of an intimate sexual nature with a client,
unless that discussion is directly related to legitimate client needs and furthers the client's
rehabilitation counseling treatment. At no time shall any such discussions include disclosure
by the licensee to the client of his or her own intimate sexual relations or relationships.
h) A licensee shall not engage in any other activity in a rehabilitation counseling relationship
which would lead a reasonable person to believe that the activity serves the licensee's
personal prurient interests or is for the sexual arousal, sexual gratification, or sexual abuse
of the licensee or client.
i) A licensee shall not seek, solicit or engage in sexual contact with a current client's
immediate family member, a former client, a former client's immediate family member or a
former student when counseling services were rendered to the client, former client or former
student within the immediately preceding 24 months, or with a current student, a current
direct supervisor or supervisee, or a current research subject. A licensee shall not seek,
solicit, accept or participate in sexual contact with any person in exchange for professional
services.
j) Violation of any of the prohibitions or directives set forth in (b) through (i) above shall be
deemed to constitute gross or repeated malpractice pursuant to N.J.S.A. 45:1-21(c) and (d)
respectively, or professional misconduct pursuant to N.J.S.A. 45:1-21(e).
k) It shall not be a defense to any action under this section that:
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1)
The client, the client's immediate family member, former client, the former client's
immediate family member, student, supervisor, supervisee or research subject solicited
or consented to sexual contact with the licensee; or
2)
The licensee was in love with or had affection for the client, the client's immediate family
member, former client, the former client's immediate family member, student, supervisor,
supervisee or research subject.
13:34-28.4 REAL ESTATE ARRANGEMENTS
a) A licensee may be an owner, investor or lessor in real estate utilized for the conduct of a
professional practice, provided that rent, dividends or any other forms of remuneration are
received solely on the basis of the investment or fair market value, as applicable to the
circumstances.
b) A licensee may lease space to or from another licensed health care professional to which
clients are referred only where rent is a fixed fee determined by the fair market value or less,
and is for a regular term and not for sporadic use of the space.
c) A licensee may lease professional space from a commercial entity on any arrangements
consistent with standard business practice in the community, provided the arrangements do
not affect the licensee's professional discretion in matters, including choice of clients,
professional services offered or fees.
d) The establishment of any lease, investment or other commercial relationship for the conduct
of professional practice other than as set forth in this section shall require Committee
approval for good cause shown.
13:34-28.5 LICENSE RENEWAL
a) The Committee shall send a notice of renewal to each licensee, at least 60 days prior to the
expiration of the license. The notice of renewal shall explain inactive renewal and advise the
licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to
the expiration date, no monetary penalties or fines shall apply to the holder for failure to
renew provided that the license is renewed within 60 days from the date the notice is sent or
within 30 days following the date of license or registration expiration, whichever is later.
b) A licensee shall renew his or her license for a period of two years from the last expiration
date. The licensee shall submit a renewal application to the Committee, along with the
renewal fee set forth in N.J.A.C. 13:34-26.1, prior to the date of license expiration.
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c) A licensee may renew his or her license by choosing inactive status. A licensee electing to
renew his or her license as inactive shall not engage in the practice of a rehabilitation
counselor, or hold herself or himself out as eligible to engage in the practice of a
rehabilitation counselor, in New Jersey until such time as the license is returned to active
status.
d) If a licensee does not renew the license prior to its expiration date, the licensee may renew
the license within 30 days of its expiration by submitting a renewal application, a renewal
fee, and a late fee as set forth in N.J.A.C. 13:34-26.1. During this 30-day period, the license
shall be valid and the licensee shall not be deemed practicing without a license.
e) A licensee who fails to submit a renewal application within 30 days of license expiration shall
have his or her license suspended without a hearing.
f) A licensee who continues to engage in the practice of a rehabilitation counselor with a
suspended license shall be deemed to be engaging in the unauthorized practice of a
rehabilitation counselor and shall be subject to action consistent with N.J.S.A. 45:1-14 et
seq., even if no notice of suspension has been provided to the individual.
13:34-28.6 LICENSE REACTIVATION
a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:34-28.5(c) may apply to the
Committee for reactivation of the inactive license. A licensee seeking reactivation of an
inactive license shall submit:
1)
A renewal application;
2)
A certification of employment listing each job held during the period the license,
registration, or certification was inactive, which includes the name, address, and
telephone number of each employer;
3)
The renewal fee for the biennial period for which reactivation is sought as set forth in
N.J.A.C. 13:34-26.1.
i) If the renewal application is sent during the first year of the biennial period, the
applicant shall submit the renewal fee as set forth in N.J.A.C. 13:34-26.1.
ii) If the renewal application is sent during the second year of the biennial period, the
applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:34-26.1;
and
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4)
Evidence of having completed all continuing education credits that were required to be
completed during the biennial period immediately prior to the renewal period for which
reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:34-24.1
and 24.2.
i) An applicant who holds a valid, current license in good standing issued by another
state to engage in the practice of a rehabilitation counselor and submits proof of
having satisfied that state’s continuing education requirements for that license, shall
be deemed to have satisfied the requirements of this paragraph. If the other state
does not have any continuing education requirements, the requirements of this
paragraph apply.
ii) To the extent that specific courses are required to satisfy the continuing education
requirement for, or are required to have been satisfied prior to, the biennial period for
which reactivation is sought, the Committee will allow applicants to take the courses
within 12 months following reactivation.
b) If a Committee review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reactivation, the Committee may require
the applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Committee prior to reactivation
of the license. If that examination or assessment identifies deficiencies or educational needs,
the Committee may require the applicant, as a condition of reactivation of licensure, to take
and successfully complete any education or training or to submit to any supervision,
monitoring, or limitations as the Committee determines is necessary to assure that the
applicant practices with reasonable skill and safety. The Committee, in its discretion, may
restore the license subject to the applicant’s completion of the training within a period of time
prescribed by the Committee following the restoration of the license. In making its
determination whether there are practice deficiencies requiring remediation, the Committee
shall consider the following non-exhaustive issues:
1)
Length of duration license was inactive;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license or registration by
any licensing board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of a rehabilitation counselor or other professional or
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occupational practice in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of a rehabilitation counselor or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction
13:34-28.7 LICENSE REINSTATEMENT
a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:34-28.5(e)
may apply to the Committee for reinstatement. A licensee applying for reinstatement shall
submit:
1)
A reinstatement application;
2)
A certification of employment listing each job held during the period of suspended
license, which includes the names, addresses, and telephone number of each employer;
3)
The renewal fee for the biennial period for which reinstatement is sought;
4)
The past due renewal fee for the biennial period immediately preceding the renewal
period for which reinstatement is sought;
5)
The reinstatement fee set forth in N.J.A.C. 13:34-26.1; and
6)
Evidence of having completed all continuing education credits that were required to be
completed during the biennial period immediately prior to the renewal period for which
reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:34-24.1
and 24.2.
i) An applicant who holds a valid, current license in good standing issued by another
state to engage in the practice of a rehabilitation counselor and submits proof of
having satisfied that state’s continuing education requirements for that license, shall
be deemed to have satisfied the requirements of this paragraph. If the other state
does not have any continuing education requirements, the requirements of this
paragraph apply.
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ii) To the extent that specific courses are required to satisfy the continuing education
requirement for, or are required to have been satisfied prior to, the biennial period for
which reinstatement is sought, the Committee will allow applicants to take the
courses within 12 months following reinstatement.
b) If a Committee review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reinstatement, the Committee may
require the applicant to submit to and successfully pass an examination or an assessment of
skills, a refresher course, or other requirements as determined by the Committee prior to
reinstatement of the license. If that examination or assessment identifies deficiencies or
educational needs, the Committee may require the applicant, as a condition of reinstatement
of licensure, to take and successfully complete any education or training or to submit to any
supervision, monitoring, or limitations as the Committee determines is necessary to assure
that the applicant practices with reasonable skill and safety. The Committee, in its discretion,
may restore the license subject to the applicant’s completion of the training within a period of
time prescribed by the Committee following the restoration of the license. In making its
determination whether there are practice deficiencies requiring remediation, the Committee
shall consider the following non-exhaustive issues:
1)
Length of duration license was suspended;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license by any licensing
board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of a rehabilitation counselor or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of a rehabilitation counselor or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or in any
other jurisdiction.
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SUBCHAPT ER 29.
PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND
REHABILITATION COUNS ELORS: ADVERT ISING
13:34-29.1 DEFINITIONS
For the purposes of this subchapter, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
"Advertisement" means an attempt, directly or indirectly by publication, dissemination or
circulation in print, electronic or other media, to induce any person or entity to purchase or enter
into an agreement to purchase professional or rehabilitation counseling services, treatment, or
goods related thereto.
"Electronic media" includes, radio, television, telephone, Internet and other electronic means
of communication.
"Licensee" means a licensed professional counselor, a licensed associate counselor and a
licensed rehabilitation counselor.
"Print media" includes business cards, newspapers, periodicals, professional journals,
telephone directories, circulars, handbills, flyers, billboards, signs, direct mail, match covers, and
other items disseminated by means of the printed word.
13:34-29.2 ADVERTISING; GENERAL REQUIREMENTS
a) A licensee shall be able to substantiate the truthfulness of any representation set forth in an
advertisement.
b) A licensee identified in an advertisement as offering professional or rehabilitation counseling
or goods shall be responsible for the form and content of any advertisement disseminated by
or on behalf of a licensee.
c) A licensee shall assure that an advertisement does not misrepresent, suppress, omit, or
conceal a material fact. Omission, suppression, or concealment of a material fact includes
directly or indirectly obscuring a material fact under circumstances where the licensee knows
or should know that the omission is improper or prohibits a prospective client from making a
full and informed judgment on the basis of the information set forth in the advertisement.
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13:34-29.3 MINIMUM CONTENT
a) A licensee shall include the following in all advertisements and professional representations
(other than an office entry sign), including advertisements in a classified directory, business
cards and professional stationery:
1)
The name of the licensee;
2)
The words "Licensed Professional Counselor" or "LPC," "Licensed Associate Counselor"
or "LAC" or "Licensed Rehabilitation Counselor" or "LRC," as applicable, followed by the
12-digit license number; and
3)
The street address and telephone number of the practice location.
b) For maintenance of personal or client safety, a licensee may petition the Board for a waiver
of the requirement to list the street address of the practice location. A licensee shall submit a
request for a waiver in writing which shall detail the reason for the request.
13:34-29.4 USE OF PROFESSIONAL CREDENTIALS AND CERTIFICATIONS
a) A licensee shall accurately and objectively represent his or her competence, education,
training, and experience, as of the time of the representations.
b) An advertisement that includes information on professional credentials shall contain the
highest academic degrees attained related to the practice of professional, associate or
rehabilitation counseling and shall refer only to degrees obtained from a regionally
accredited academic institution.
c) An advertisement that includes information on certification shall include the full name of the
institute or agency conferring the certification or the recognized name or abbreviation of the
certification.
d) In addition to the information required to appear pursuant to N.J.A.C. 13:34-29.3, letters or
abbreviations that may appear immediately following the licensee's name shall be limited to
the following:
1)
The highest academic degrees earned from a regionally accredited institution relating to
the practice of professional or rehabilitation counseling. A licensee shall not include any
degree earned at an institution that is not regionally accredited;
2)
Professional specialty designations as defined in N.J.A.C. 13:34-4.1; and
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3)
Other licenses or certifications issued by another State or Federal agency.
e) Letters or abbreviations appearing immediately following the licensee's name shall appear in
the following order only:
1)
Highest academic degrees earned from a regionally accredited institution related to the
practice of professional, associate or rehabilitation counseling;
2)
Licensure designation;
3)
Professional specialty designation as defined in N.J.A.C. 13:34-14.1; and
4)
Certifications.
f) Nothing in this section shall preclude any truthful or nondeceptive statement in regard to
education or experience in a particular area of professional, associate or rehabilitation
counseling.
13:34-29.5 PROHIBITED TYPES OR METHODS OF ADVERTISING
a) A licensee shall not guarantee that satisfaction or a cure will result from the performance of
professional, associate or rehabilitation counseling.
b) A licensee shall not communicate information that may identify a client without the written
consent of the client.
c) A licensee shall not offer a professional service which the counselor knows or should know is
beyond his or her ability to perform.
d) A licensee shall not advertise or communicate in a manner which appears to intimidate, exert
undue pressure, or unduly influence a prospective client.
13:34-29.6 RETENTION OF ADVERTISEMENTS
A licensee shall retain, for a period of three years from the date of initial publication or
dissemination, a copy of every advertisement appearing in print or electronic media. The
licensee shall indicate on all advertisements in his or her possession the date and place of
publication or dissemination.
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SUBCHAPT ER 30.
PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND
REHABILITATION COUNS ELORS: BUSINESS PRACT ICES;
PROFESSIONAL CONDUCT
13:34-30.1 FINANCIAL ARRANGEMENTS WITH CLIENTS
a) Fees shall be reasonable and commensurate with the status and experience of the
professional, associate or rehabilitation counselor when compared with fees of professional,
associate or rehabilitation counselors offering like services or treatment in the geographic
area.
b) Where payment of the usual and customary fee would be a hardship, a professional or
rehabilitation counselor shall refer the client to other sources for provision of services,
reduce the usual and customary fee or provide the services without charge. A professional or
rehabilitation counselor shall not accept goods and/or services from a client in lieu of
payment for professional services.
c) Before providing counseling services, a professional or rehabilitation counselor shall assist
the client to understand financial arrangements. The information shall include, but not be
limited to:
1)
The identity of the person or entity responsible for payment of the fee for services;
2)
The fee for services or the basis for determining the fee to be charged;
3)
Whether the professional or rehabilitation counselor will accept installment payments;
and
4)
The financial consequences, if any, of missed appointments.
13:34-30.2 CLIENTS SERVED BY OTHERS
If a client is receiving counseling services from another mental health professional, the
professional, associate or rehabilitation counselor, with the client's consent, shall inform the
other mental health professional already involved and develop clear agreements to avoid
confusion and conflict for the client.
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13:34-30.3 MULTIPLE CLIENTS
When a professional, associate or rehabilitation counselor agrees to provide counseling
services to two or more persons who have a relationship (such as husband and wife or parents
and children), the professional, associate or rehabilitation counselor shall disclose in writing at
the outset, which person or persons are clients and the nature of the relationships he or she will
undertake with each involved person. The disclosure shall be retained in the client record. If it
becomes apparent that the professional, associate or rehabilitation counselor may be called
upon to perform conflicting roles, the professional, associate or rehabilitation counselor shall
take appropriate steps to eliminate the conflict.
13:34-30.4 CONFLICTS OF INTEREST; DUAL RELATIONSHIPS
a) A professional, associate or rehabilitation counselor providing counseling services shall not
provide those services in circumstances that would be expected to limit the counselor's
objectivity and impair professional judgment or increase the risk of exploitation.
b) A professional, associate or rehabilitation counselor providing counseling services shall not
enter into any relationship that would be expected to limit objectivity and impair professional
judgment or increase the risk of exploitation. Examples of such relationships include, but are
not limited to, professional treatment of business or financial relationships, students,
supervisors, friends or relatives, supervision of friends and relatives and receipt of any goods
and/or services from a client.
c) A professional, associate or rehabilitation counselor who has identified a conflict of interest
shall notify the parties involved and shall take action to eliminate the conflict.
13:34-30.5 TERMINATION OF SERVICES
a) A professional, associate or rehabilitation counselor shall terminate services to a client when
the services are no longer required or no longer meet the client's needs or interests.
b) A professional, associate or rehabilitation counselor shall not abandon nor neglect a client in
need of professional services without making reasonable arrangements for the continuation
of such care or offering to help the client find alternative sources of assistance.
c) A professional, associate or rehabilitation counselor who anticipates the termination or
interruption of services to a client shall notify the client promptly in writing, shall comply with
the requirements for transfer of records set forth at N.J.A.C. 13:34-18.7 or 27.7, as
applicable and shall seek the transfer, referral or continuation of service in relation to the
client's needs and preferences.
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d) Notifications sent to a client pursuant to this section shall be retained in the client record.
13:34-30.6 PROHIBITION ON SOLICITATION; UNETHICAL REFERRALS AND
KICKBACKS
a) A professional, associate or rehabilitation counselor who provides services to an agency
shall not solicit, for his or her private practice, the agency's clients for the same services the
agency provides. Nothing in this section prohibits a counselor from offering to the client all
appropriate options upon termination of services at the agency, including the continuation of
services in private practice.
b) A professional, associate or rehabilitation counselor shall not refer a client to a service in
which the counselor or his or her immediate family has a financial interest.
c) A professional, associate or rehabilitation counselor shall not prescribe goods or devices
which the counselor sells or leases to the client unless the counselor advises the client of the
ownership or other interest in the goods or devices.
d) A professional, associate or rehabilitation counselor shall not pay, offer to pay or receive any
fee or other form of compensation for referral of a client for professional services or for the
purchase of goods.
e) A professional or rehabilitation counselor shall not permit the division of fees for professional
services unless the counselor is engaged in a bona fide partnership or professional service
corporation or employment relationship
SUBCHAPT ER 31. PROF ESSIONAL COUNSELORS:
CUSTODY/PARENTING T I ME EVALUATIONS AND/O R TERMINATION OF
PARENTAL RIGHTS EVAL UATIONS
13:34-31.1 PURPOSE AND SCOPE
The rules in this subchapter set forth the minimum requirements for licensed professional
counselors who perform custody/parenting time evaluations and/or termination of parental
rights evaluations.
13:34-31.2 DEFINITIONS
For purposes of this subchapter, the following terms shall have the following meanings,
unless the context clearly indicates otherwise.
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“Custody/parenting time evaluation” means the analysis performed by a licensed
professional counselor to provide comprehensive, objective, and impartial information to the
court or to attorneys, which assists in making decisions as to custody/parenting time
arrangements that will best provide for the needs of the minor child(ren) involved.
“Licensee” means a licensed professional counselor.
13:34-31.3 QUALIFICATIONS
a) A licensee shall be qualified to perform custody/parenting time evaluations and/or
termination of parental rights evaluations through education, training, and/or supervised
experience in all of the following categories:
1) Child growth and development;
2) Parent-child bonding;
3) Scope of parenting;
4) Adult development and psychopathology;
5) Family functioning;
6) Child and family development;
7) Child and family psychopathology;
8) The impact of divorce or family dissolution on children; and
9) The impact of age, gender, race, ethnicity, national origin, language, culture, religion,
sexual orientation/identity, disability, and socioeconomic status on custody/parenting
time evaluations.
b) When the topics in (b)1 through 5 below are involved, a licensee shall have education,
training, and/or supervised experience in the specific topic(s) or the licensee shall refer the
case to a licensed health care provider, or obtain a consultation with an expert who has the
relevant education, training, and/or experience:
1) Physical, sexual, or psychological abuse of spouse or children;
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2) Neglect of children;
3) Substance abuse or other addictions that impair the ability to parent;
4) Medical, physical, or neurological impairment that affects the ability to parent; or
5) Other areas beyond the licensee's expertise that are relevant to the custody/parenting
time evaluation.
c) Licensed associate counselors, interns, and students shall not perform any part of
custody/parenting time evaluations and/or termination of parental rights evaluations.
d) A licensee shall maintain documentation that demonstrates the licensee's education, training
or supervised experience in the topics from (a) and (b) above.
e) A licensee shall maintain documentation of the referral or the consultation, if the licensee
refers a case to a licensed health care provider, or consults with an expert, pursuant to (b)
above.
13:34-31.4 DUAL RELATIONSHIPS
a) If a licensee is, or has been, a treating therapist for any person who is part of the
custody/parenting time evaluation and/or termination of parental rights evaluation, the
treating therapist shall not assume either the role of an evaluator in the custody/parenting
time evaluation and/or termination of parental rights evaluation, or the role of a parenting
coordinator, and shall advise any party or court of this prohibition.
b) A licensee who is a treating therapist may report on a client's mental health status and
treatment issues but shall not make any recommendations regarding custody or termination
of parental rights.
c) After the evaluation process is completed, a licensee, whose initial involvement with a case
has been as an evaluator, may agree to function subsequently as a treating therapist or
parent coordinator, but shall be precluded from functioning as an evaluator in the case.
13:34-31.5 COMMUNICATIONS
a) If a licensee is court-appointed, the licensee shall communicate any information only to the
court and both parties, or their attorneys, simultaneously, either in writing or through a
conference call.
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b) If a licensee is selected by both parties without a court appointment, the licensee shall
communicate any information only to both parties, or their attorneys, simultaneously, either
in writing or through a conference call.
c) If a licensee is selected by only one party, the licensee shall communicate any information
only to that party, or the party's attorney.
13:34-31.6 REQUIRED DISCLOSURES
a) A licensee shall provide information, in writing, to the parties to assist them in understanding
the nature of the custody/parenting time evaluation and/or termination of parental rights
evaluation and the terms of their agreement to participate. This information shall include the
following:
1) Purpose, procedures, and methods;
2) Fees;
3) Responsibility of parties for payment of the fees and whether payment will be required
prior to the delivery of any report;
4) Limits of confidentiality, including the limitations set forth in 42 CFR Part 2, which is
incorporated herein by reference;
5) Special policies pertaining to issues, such as canceled and/or missed appointments;
and
6) Limitation on communications as set forth in N.J.A.C.13:34-31.5.
b) A licensee shall inform the parties about the purpose of any assessment instruments,
interview techniques, and the use of any information collected. The licensee shall provide
this information, as appropriate, to children, to the extent that they are able to understand.
13:34-31.7 FEES
a) Before commencing the custody/parenting time evaluation and/or termination of parental
rights evaluation, a licensee shall inform the party or parties responsible for paying the fees, in
writing, of the estimated fees for all anticipated services and any additional fees, should the
licensee be required, requested, or mandated to perform additional services.
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b) A licensee shall provide the party or parties responsible for paying the fees with complete
documentation of all fees, itemizing time, charges, and services.
c) A licensee may accept payment of fees by retainer or by a pre-arranged fee schedule.
1) If a partial retainer is accepted, a licensee shall inform the court, attorneys, and/or
parties of the schedule for payment of the remainder and of any contingent relationship
between complete payment and final delivery of services. A licensee shall inform the
court, attorneys, and/or parties that payment in excess of the reasonable estimate is
expected if delivery of services unforeseeably exceeds that anticipated. A licensee shall
inform the court, attorneys, and/or parties that unused fees will be refunded as soon as
possible upon completion of the professional services.
2) If payment by a fee schedule is accepted, a licensee shall provide a complete
explanation of the expected per-visit payment or other scheduled costs.
d) A licensee may require payment for a report prior to its delivery provided that prior
notification has been given to the parties under (a) above.
13:34-31.8 REPORTS AND RECOMMENDATIONS
a) A licensee’s written report shall identify the party or parties on whose behalf the evaluation
was prepared and list all individual(s) personally evaluated.
b) A licensee shall complete written reports in a timely manner. Delays of more than two
months from when all data has been collected relevant to the custody/parenting time
evaluation and/or termination of parental rights evaluation are considered excessive. In the
event of extenuating circumstances, such as an inability to collect final documents from
collateral contacts, the licensee shall provide the reasons for the delay, in writing, to the
party to whom the report is due in accordance with (d), (e), and (f) below.
c) A licensee shall not provide any opinion regarding any individual who has not been
personally evaluated by the licensee. A licensee may report what an evaluated individual has
stated or address theoretical issues or hypothetical questions, provided the limited basis of
the information is explained.
d) A licensee who is court-appointed shall submit the report only to the court and to both
parties, or their attorneys, unless otherwise specified in a court order.
e) A licensee who is selected by both parties shall submit the report only to both parties, or
their attorneys, unless otherwise specified in a consent order.
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f) A licensee who is selected by only one party shall submit the report only to that party, or that
party's attorney unless the party notifies the licensee in writing that the party does not want
to receive the report.
SUB CH AP TE R 32. TELE M E DIC IN E AN D TELEH E A LTH
13:34-32.1 PURPOSE AND SCOPE
a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A.
45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and
telehealth.
b) This subchapter shall apply to all persons who are licensed by the Committee.
c) Pursuant to N.J.S.A. 45:1-62, a professional counselor, associate counselor, or rehabilitation
counselor must hold a license issued by the Committee, if he or she:
1)
Is located in New Jersey and provides professional counseling or rehabilitation
counseling, as applicable, to any client located in or out of New Jersey by means of
telemedicine or telehealth; or
2)
Is located outside of New Jersey and provides professional counseling or rehabilitation
counseling, as applicable, to any client located in New Jersey by means of telemedicine
or telehealth.
d) Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another
state who consults with a licensee in New Jersey through the use of information and
communications technologies, but does not direct client care, will not be considered as
providing healthcare services to a client in New Jersey consistent with N.J.S.A. 45:8B-34 et
seq., and will not be required to obtain licensure in New Jersey in order to provide such
consultation.
13:34-32.2 DEFINITIONS
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
“Asynchronous store-and-forward” means the acquisition and transmission of images,
diagnostics, data, and medical information either to or from an originating site or to or from the
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licensee at a distant site, which allows for the client to be evaluated without being physically
present.
“Committee” means the Professional Counselor Examiners Committee.
“Cross-coverage” means a licensee engages in a remote evaluation of a client, without in -
person contact, at the request of another licensee who has established a proper licensee-client
relationship with the client.
“Distant site” means a site at which a licensee is located while providing professional
counseling or rehabilitation counseling, as applicable, by means of telemedicine or telehealth.
“Licensee” means an individual licensed by the Committee.
“On-call” means a licensed professional counselor or rehabilitation counselor, as applicable,
is available, where necessary, to physically attend to the urgent and follow-up needs of a client
for whom the licensee has temporarily assumed responsibility, as designated by the client’s
primary care licensed professional counselor or rehabilitation counselor, as applicable, or other
healthcare provider of record.
“Originating site” means a site at which a client is located at the time that professional
counseling or rehabilitation counseling, as applicable, is provided to the client by means of
telemedicine or telehealth.
“Proper licensee-client relationship” means an association between a licensee and client
wherein the professional counselor, associate counselor, or rehabilitation counselor owes a duty
to the client to be available to render professional services consistent with his or her training and
experience, which is established pursuant to the requirements at N.J.A.C. 13:34-32.4.
“Telehealth” means the use of information and communications technologies, in cluding
telephones, remote client monitoring devices, or other electronic means, to support clinical
healthcare, provider consultation, client and professional health-related education, public health,
health administration, and other services in accordance with the provisions of P.L. 2017, c. 117
(N.J.S.A. 45:1-61 et seq.).
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“Telemedicine” means the delivery of a healthcare service, including mental health services,
using electronic communications, information technology, or other electronic or technological
means to bridge the gap between a healthcare licensee who is located at a distant site and a
client who is located at an originating site, either with or without the assistance of an intervening
licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.).
“Telemedicine” does not include the use, in isolation, of audio-only telephone conversation,
electronic mail, instant messaging, phone text, or facsimile transmission.
13:34-32.3 STANDARD OF CARE
a) Prior to providing services through telemedicine or telehealth, a licensee shall determine
whether providing those services through telemedicine or telehealth would be consistent with
the standard of care applicable for those services when provided in-person.
b) If a licensee determines, either before or during the provision of professional counseling or
rehabilitation counseling, as applicable, that services cannot be provided through
telemedicine or telehealth in a manner that is consistent with in-person standards of care,
the licensee shall not provide or supervise services through telemedicine or telehealth.
1)
An associate professional counselor or any licensee working under supervision shall be
responsible for determining whether professional counseling or rehabilitation counseling,
as applicable, can be provided through telemedicine or telehealth in a manner that is
consistent with in-person standards of care.
c) A licensee who determines that services cannot be provided through telemedicine or
telehealth pursuant to (b) above shall advise the client to obtain services in-person.
d) A licensee who provides a treatment, or consultation recommendation, including discussions
regarding the risk and benefits of a client’s treatment options, through telemedicine or
telehealth shall be held to the same standard of care or practice standards as are applicable
to in-person settings.
13:34-32.4 LICENSEE-CLIENT RELATIONSHIP
a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a
licensee-client relationship by:
1)
Identifying the client with, at a minimum, the client’s name, date of birth, phone number,
and address. A licensee may also use a client’s assigned identification number, Social
Security number, photo, health insurance policy number, or other identifier associated
directly with the client; and
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2)
Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty
and Committee certifications.
b) Prior to initiating contact with a client for the purpose of providing services to the client using
telemedicine or telehealth, a licensee shall:
1)
Review the client’s history, including medical history, provided by the client and any other
records provided by the client;
2)
Determine as to each unique client encounter whether he or she will be able to provide
the same standard of care using telemedicine or telehealth as would be provided if the
services were provided in-person; and
3)
Provide the client the opportunity to sign a consent form that authorizes the licensee to
release client records of the encounter to the client’s primary care licensee or other
healthcare provider identified by the client.
c) Notwithstanding (a) and (b) above, professional counseling or rehabilitation counseling, as
applicable, may be provided through telemedicine or telehealth without a proper licensee-
client relationship if the provision of professional counseling or rehabilitation counseling, as
applicable, is:
1)
For informal consultations with another healthcare provider performed by a licensee
outside the context of a contractual relationship, or on an irregular or infrequent basis,
without the expectation or exchange of direct or indirect compensation;
2)
During episodic consultations by a healthcare specialist located in another jurisdiction
who provides consultation services, upon request, to a licensee in this State;
3)
Related to healthcare assistance provided in response to an emergency or disaster,
provided that there is no charge for the medical assistance; or
4)
Provided by a substitute licensee acting on behalf and at the designation of an absent
licensee in the same specialty on an on-call or cross-coverage basis.
13:34-32.5 PROVISION OF PROFESSIONAL COUNSELING OR REHABILITATION
COUNSELING, AS APPLICABLE, THROUGH TELEMEDICINE OR TELEHEALTH
a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:34-32.4, a licensee may
provide professional counseling or rehabilitation counseling, as applicable, to a client
through the use of telemedicine and may engage in telehealth to support and facilitate the
provision of professional counseling or rehabilitation counseling, as applicable, to clients.
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b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the
client’s originating site and record this information in the client’s re cord. If, during the
session, contact with the client is interrupted, once contact is reestablished, the licensee
shall reverify the client’s location.
c) A licensee providing healthcare services through telemedicine shall use interactive, real-
time, two-way communication technologies, which shall include, except as provided at (e)
below, a video component that allows a licensee to see a client and the client to see the
licensee during the provision of professional counseling or rehabilitation counseling, as
applicable.
d) A licensee providing services through telemedicine or telehealth may use asynchronous
store-and-forward technology to allow for the electronic transmission of:
1)
Images;
2)
Diagnostics;
3)
Data; and
4)
Medical information.
e) If, after accessing and reviewing the client’s records, a licensee determines that he or she is
able to meet the standard of care for such services if they were being provided in-person
without using the video component described at (c) above, the licensee may use interactive,
real-time, two-way audio in combination with asynchronous store-and-forward technology,
without a video component.
f) Prior to providing services through telemedicine or telehealth, a licensee shall review the
client’s history, including medical history or medical records, and any other records as
follows:
1)
For an initial encounter with a client, the client’s history, including medical history and
medical records, provided by the client and any other records provided by the client shall
be reviewed prior to the provision of professional counseling or rehabilitation counseling,
as applicable, through telemedicine or telehealth; and
2)
For any subsequent interactions with a client, the client’s history, including medical
history and medical records, and any other records shall be reviewed either prior to the
provision of professional counseling or rehabilitation counseling, as applicable, through
telemedicine or telehealth or contemporaneously with the encounter with the client.
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g) During and after the provision of professional counseling or rehabilitation counseling, as
applicable, through telemedicine or telehealth, a licensee shall provide his or her name,
professional credentials, and contact information to the client. Such contact information shall
enable the client to contact the licensee for at least 72 hours following the provision of
services, or for a longer period if warranted by the client’s circumstances and accepted
standards of care.
h) After the provision of professional counseling or rehabilitation counseling, as applicable,
through telemedicine or telehealth, a licensee shall provide the client, upon request, with his
or her records reflecting the services provided.
i) A licensee shall provide, upon a client’s written request, the client’s information to the clie nt’s
primary care provider or to other healthcare providers.
j) A licensee engaging in telemedicine or telehealth shall refer a client for follow-up care when
necessary.
13:34-32.6 RECORDS
A licensee who provides services through telemedicine or telehealth shall maintain a record
of the care provided to a client. Such records shall comply with the requirements at N.J.A.C.
13:34-18.1 or 27.1, as applicable, and all other applicable State and Federal statutes, rules, and
regulations for recordkeeping, confidentiality, and disclosure of a client’s records.
13:34-32.7 PREVENTION OF FRAUD AND ABUSE
a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse
when providing services through telemedicine or telehealth, a licensee must establish written
protocols that address:
1)
Authentication and authorization of users;
2)
Authentication of the client during the initial intake pursuant to N.J.A.C. 13:34-32.4(a)1;
3)
Authentication of the origin of information;
4)
The prevention of unauthorized access to the system or information;
5)
System security, including the integrity of information that is collected, program integrity,
and system integrity;
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6)
Maintenance of documentation about system and information usage;
7)
Information storage, maintenance, and transmission; and
8)
Synchronization and verification of client profile data.
13:34-32.8 PRIVACY AND NOTICE TO CLIENTS
a) Licensees who communicate with clients by electronic communications other than telephone
or facsimile shall establish written privacy practices that are consistent with the Federal
standards set forth at 45 CFR Parts 160 and 164, which are incorporated herein by
reference, as amended and supplemented, relating to privacy of individually identifiable
health information.
b) Written privacy practices required at (a) above shall include privacy and security measures
that assure confidentiality and integrity of client-identifiable information. Transmissions,
including client email, prescriptions, and laboratory results must be password protected,
encrypted electronic prescriptions, or protected through substantially equivalent
authentication techniques.
c) A licensee who becomes aware of a breach in confidentiality of client information, as defined
at 45 CFR 164.402, shall comply with the reporting requirements at 45 CFR 164.
d) Licensees, or their authorized representatives, shall provide a client, prior to evaluation or
treatment, with copies of written privacy practices and shall obtain the client's written
acknowledgement of receipt of the notice.
e) Licensees who provide services through telemedicine or telehealth, or their authorized
representatives, shall, prior to providing services, give clients notice regarding telemedicine
and telehealth, including the risks and benefits of being treated by telemedicine or telehealth
and how to receive follow-up care or assistance in the event of an adverse reaction to the
treatment, or in the event of an inability to communicate as a result of a technological or
equipment failure. A licensee shall obtain a signed and dated statement indicating that the
client received this notice.
f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a
licensee exercising ordinary skill and care would deem reasonably necessary to provide care
to a client, the licensee shall inform the client of this prior to the conclusion of the provision
of care through telemedicine or telehealth and shall advise the client regarding the need for
the client to obtain an additional in-person medical or mental health evaluation, as
applicable, reasonably able to meet the client's needs.
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