Rule Proposal

VOLUME 49, ISSUE 16
ISSUE DATE: AUGUST 21, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF SOCIAL WORK EXAMINERS

Proposed Amendments: N.J.A.C. 13:44G-1.2, 3.1, 3.2, 3.3, 4.1, 4.2, 6.2, 6.5, 8.1, 9.3, 10.2, 10.4, 10.6, 10.7, 10.8, 11.2, 11.4, 12.3, 13.6, and 14.1

Proposed Repeal: N.J.A.C. 13:44G-10.3

Proposed New Rule: N.J.A.C. 13:44G-10.7A

Click here to view Interested Persons Statement

Definitions; Practice as an LCSW; Scope; Practice as an LSW; Scope; Practice as a CSW; Scope; Eligibility Requirements; LCSW; Eligibility Requirements; LSW; Credit-hour Requirements; Documentation of Continuing Education Credit; Clinical Supervision; Unlicensed Practice of Social Work; Financial Arrangements with Clients; LCSW; Financial Arrangements with Clients; Conflicts of Interest; Termination or Interruption of Services; Sexual Misconduct, Harassment; Discrimination; Inappropriate Behavior; Reporting of Violations by Other Licensees; Advertising; General Requirements; Use of Professional Credentials and Certifications; Confidentiality; Fees
 
Authorized By: State Board of Social Work Examiners, J. Michael Walker, Executive Director.
 
Authority: N.J.S.A. 45:15BB-11.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-205.
 
Submit written comments by October 20, 2017, to:
 
   J. Michael Walker, Executive Director
   State Board of Social Work Examiners
   PO Box 45033
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:
 
Summary

The State Board of Social Work Examiners (Board) proposes amendments to its rules at N.J.A.C. 13:44G. The Board proposes to amend the definitions of "clinical social work" and "clinical social work services" in N.J.A.C. 13:44G-1.2 to recognize that the groups with which licensed clinical social workers (LCSWs) work with are psychotherapy groups. The proposed amendments to the definition of "clinical social work services" also recognize that clinical consultation includes client-centered advocacy. The proposed amendments to N.J.A.C. 13:44G-1.2 recognize that the terms "CSW," "LSW," and "LCSW" refer to individuals licensed or certified in New Jersey and that "social work services" include work with support/psycho-educational groups and the provision of supportive counseling. The proposed amendments also provide a definition for the term "Board."

Proposed amendments to N.J.A.C. 13:44G-3.1, 3.2, and 3.3 remove citations to N.J.A.C. 13:44G-1.2. As the terms used in N.J.A.C. 13:44G-3.1 are clearly defined in N.J.A.C. 13:44G-1.2 it is unnecessary to cite to these definitions in N.J.A.C. 13:44G-3.1, 3.2 and 3.3. Proposed amendments to N.J.A.C. 13:44G-3.1, 3.2, and 3.3 recognize that the scope of practice for LCSWs, licensed social workers (LSWs), and certified social workers (CSWs) includes the supervision of students completing social work coursework. A proposed amendment to N.J.A.C. 13:44G-3.2 recognizes that, as of 2004, only LCSWs may supervise LSWs providing clinical social work services.

N.J.A.C. 13:44G-4.1 sets forth eligibility standards for LCSW licensure. The Board proposes to amend this rule to establish that the [page=2751] required two years of clinical social work must include at least 3,000 hours that is completed within two to four years. This requirement is similar to those imposed by other states and ensures that licensed clinical social workers have adequate experience in psychotherapy prior to obtaining a license that allows them to practice independently. Additionally, the proposed amendment requires that at least half of face-to-face client interaction be in psychotherapy. The proposed amendments require that clinical social work experience be completed after an applicant has completed a master's degree in social work and that this experience be completed no more than five years prior to applying for licensure. The Board also proposes to remove "human behavior and the social environment" from the list of areas in which applicants can complete social work coursework. This topic is not necessary for applicants preparing to provide clinical social work services. The Board proposes to amend N.J.A.C. 13:44G-4.2 so that an applicant for an LSW license can submit a letter from a dean or registrar to show that he or she has completed the required education in social work and not have to wait for an official transcript.

The Board proposes to amend N.J.A.C. 13:44G-6.2 to recodify the rule, so that it is clear that CSWs, LSWs, and LCSWs have to complete three credits in ethics and that three credits of continuing education must be completed in the area of social and cultural competency as part of the biennial continuing education requirements. The amendment also requires that an individual licensed or certified during the second year of a biennial renewal period complete two credits in social and cultural competence. The proposed amendments establish that, if a continuing education course could be allocated to more than one topic, such as ethics and cultural competency, the course may only be allocated to one of those topics.

The Board proposes to amend N.J.A.C. 13:44G-6.5 so that continuing education instructor verifications will no longer need to include a license or certification number. It is often difficult for instructors to obtain these numbers and put them on verifications. The Board does not believe it is necessary for verifications to have these numbers, as the name of an attendee is enough to identify the person who completed the course.

Existing N.J.A.C. 13:44G-8.1(a) dictates that an LSW cannot engage in independent private clinical social work practice. The Board proposes to amend this rule to clarify that this provision prohibits an LSW from providing services at a private practice that he or she owns. An LSW can be employed or volunteer at a private practice as long as the practice is owned by a healthcare professional who is licensed to provide clinical mental health services.

The Board proposes to amend clinical supervision requirements in N.J.A.C. 13:44G-8.1 to clarify that group clinical supervision must be for psychotherapy and to allow supervision be provided through synchronous video conferencing. Video conferencing will be limited to no more than half of the required supervision hours and must comply with the confidentiality requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The rule is also proposed for amendment to recognize that, as of July 7, 2004, clinical supervision may only be provided by an LCSW. Currently, an LCSW who provides clinical supervision is required to complete 20 credits of graduate coursework in clinical supervision offered by the National Association of Social Workers (NASW), a sponsor approved by the Association of Social Work Boards (ASWB), or an educational program approved by the Council on Social Work Education (CSWE). The Board proposes to amend this requirement so that the 20 credits must be approved by the Board. Entities must apply to the Board in writing for approval, and the course will have to be taught in person by an LCSW who is qualified to provide supervision, meet Board requirements for continuing education courses, and contain specific topics. A Seminar in Field Instruction (SIFI) course will not meet Board requirements for supervision courses and will not be approved by the Board. If an approved course changes, the sponsor must reapply to the Board for approval of those changes.

Existing N.J.A.C. 13:44G-8.1(d) permits an LSW to receive off-premises supervision and requires an LSW to obtain a client's written consent to disclose documentation to an off-premises supervisor. The NASW New Jersey chapter has told the Board that its members are confused by the codification of this rule and that its members believe that subsections (e) and (f) only apply to off-premises supervision. This is an incorrect reading of the regulation in that subsections (e) and (f) apply to all clinical supervision, not solely off-premises supervision. The Board has recodified N.J.A.C. 13:44G-8.1 to address this misinterpretation of the rule. Under the proposed recodification, subsection (d) will now be subsection (i).

N.J.S.A. 45:15BB-5 exempts certain individuals from social work licensing requirements. One of these exemptions is for an employee of a nonprofit organization with a master's degree in a mental health discipline other than social work, who performs psychotherapeutic counseling under the supervision of a State-licensed mental health professional. N.J.A.C. 13:44G-9.3(a)5 codifies this statutory exemption. The Board proposes to amend this paragraph so that it more closely follows the language and intent of N.J.S.A. 45:15BB-5.

N.J.A.C. 13:44G-10.2 sets forth requirements for financial arrangements between social workers and clients. The existing requirement that the licensee provide information regarding the identity of the person or entity responsible for payment of the fee for services, or the basis for determining the fee to be charged, whether the licensee or certificate holder will accept installment payments, and the financial consequences, if any, of missed appointments will be retained as part of the rule. The Board proposes to amend this section to prohibit licensees from accepting goods or services as payment for professional services. The rule requires licensees and certificate holders to provide specific information to clients. The Board proposes to amend this provision to require that financial arrangements use clear and understandable language and to require additional information be provided to clients. This new information includes the purpose and risks of services, limitations imposed by third party payers, and the right of clients to terminate financial arrangements. The Board also proposes to amend the rule to require licensees and certificate holders to review financial arrangements annually with clients and to allow licensees and certificate holders to terminate client services due to overdue balances. A licensee or certificate holder may only terminate services for unpaid balances if the contract indicates that such termination is possible, the consequence of nonpayment are discussed with a client, and termination will not pose a risk of imminent danger.

Existing N.J.A.C. 13:44G-10.3 sets forth specific requirements for financial arrangements for LCSWs. The Board proposes to delete this regulation and to incorporate its provisions into proposed new subsection (g) in N.J.A.C. 13:44G-10.2.

N.J.A.C. 13:44G-10.4 sets forth prohibitions and notification requirements for situations that constitute conflicts of interest for licensees and certificate holders. The Board proposes to delete the provisions in this section and proposes new provisions dealing with conflicts of interest. The proposed new rule requires that licensees and certificate holders avoid conflicts of interest that interfere with professional judgment, notify clients of conflicts of interest, and take steps to resolve conflicts of interest. Licensees and certificate holders will be prohibited from exploiting or unduly influencing clients. Licensees and certificate holders will also be prohibited from having dual relationships with clients, which is defined as instances where a licensee or certificate holder has more than one existing or past relationship with a client be it professional, social, or business. If a licensee or certificate holder is providing services to more than one person, and these people have a relationship with each other, the proposed new rule will require the licensee or certificate holder to identify to all of these people the individual who is the client and professional obligations to those receiving services. These proposed new rules are consistent with the NASW Code of Ethics.

N.J.A.C. 13:44G-10.6 sets forth requirements for terminating services with clients. The Board proposes to amend this section to incorporate new requirements when client services are interrupted. If a social work practice is closed permanently or for more than 90 days, the proposed amendments require licensees and certificate holders to establish procedures for clients to obtain records, notify the Board of the closure, make efforts to directly notify clients of the closure, post a notice of the closure in the social worker's premises, and arrange for the storage of client records for one year from the closure. The proposed amendments also require a licensee or certificate holder to publish a notice of the [page=2752] closure in a newspaper or his or her website if the social work practice will not be attended by another social worker.

N.J.A.C. 13:44G-10.7 sets forth prohibitions on sexual misconduct. The Board proposes to amend this section to change the phrase "based upon the sex of an individual" in the definition of "sexual harassment" to "based upon the gender of the individual." A provision in the existing rule prohibits a social worker from working with a client with whom the social worker had a sexual relationship within the previous 24 months. The Board believes that a social worker should never work with a client with whom he or she had a sexual relationship and proposes to amend the rule to delete the phrase "within the immediately preceding 24 months." The Board also proposes to amend the rule to add the phrase "gender identity" to the list of statuses for which a licensee or certificate holder may not discriminate.

The Board proposes new N.J.A.C. 13:44G-10.7A to set forth actions that do not support therapeutic or professional relationships. Such actions could constitute engaging in communication with clients that is not professional, demonstrating preferential treatment of a client, failing to be impartial, granting favors to clients, and sharing private information that does not have a therapeutic benefit.

Existing N.J.A.C. 13:44G-10.8 requires licensees and certificate holders to notify the Board if they have information that indicates that another social worker is impaired, grossly incompetent, or has engaged in unprofessional conduct. If this information is obtained through a professional relationship with a client, this section requires the licensee or certificate holder to obtain written permission from the client prior to reporting to the Board. The Board believes that such written permission is sometimes difficult, if not impossible, to obtain and that this difficulty may prevent reporting of inappropriate behaviors that may be a danger to the public. The Board proposes to amend N.J.A.C. 13:44G-10.8 so that written permission from a client will no longer be required. A licensee or certificate holder shall be required to advise a client that the information has been reported to the Board.

N.J.A.C. 13:44G-11.2 sets forth requirements for advertisements. The Board proposes to amend this section to impose two new requirements. When an LSW includes information about his or her employer in promotional material, the LSW shall be required to include the name of his or her employer. The proposed amendment shall also establish that the only advertisements that can include a social worker's license or certification credentials are those advertisements that promote social work services.

N.J.A.C. 13:44G-11.4 sets forth requirements for the use of professional credentials. The Board proposes to amend this section to permit licensees and certificate holders to identify academic degrees earned in fields outside of social work, as long as those fields are clearly identified.

N.J.A.C. 13:44G-12.3 requires licensees and certificate holders to preserve the confidentiality of client information. This section provides circumstances for which information may be disclosed. One of these circumstances is when a client agrees to waive confidentiality. The Board proposes to amend this provision to delete the term "patient." The accepted way to refer to those who receive social work services is client, not patient, and the Board proposes to delete this term to avoid confusion. The Board also proposes to amend this section to require that client waivers be in writing and include date and signature. A licensee or certificate holder will be required to maintain a waiver as part of a client's record.

N.J.A.C. 13:44G-13.6 deals with fees for services provided as part of custody/parenting time evaluations. The Board proposes to amend this section to clarify that financial arrangements for custody/parenting time evaluations must comply with N.J.A.C. 13:44G-10.2.

N.J.A.C. 13:44G-14.1 sets forth the fees that the Board charges. The Board proposes to amend this rule to delete the fee for duplicate wall certificates. The Board no longer provides these certificates and therefore no longer charges this fee.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The Board believes that several of the proposed new rules and amendments will have a positive social impact. Proposed amendments to N.J.A.C. 13:44G-10.2 will help to ensure that clients understand the purposes of, and risks related to, social work services. Proposed amendments to N.J.A.C. 13:44G-10.4 will clarify conduct that constitutes a conflict of interest and will help to prevent licensees and certificate holders from engaging in such conduct. Proposed amendments to N.J.A.C. 13:44G-10.6 will benefit clients when social work practices close as the proposed amendments establish procedures by which clients will know of the closure and be able to obtain records. Proposed new N.J.A.C. 13:44G-10.7A will protect clients by identifying prohibited behaviors for licensees and certificate holders. Proposed amendments to N.J.A.C. 13:44G-10.8 will make reporting to the Board on licensee or certificate holder misconduct easier and should increase the number of such reports and aid in the protection of the public.
 
Economic Impact

Some of the proposed amendments and new rules will have an economic impact. Proposed amendments to N.J.A.C 13:44G-8.1 establish application requirements for entities that seek Board approval of continuing education courses related to clinical supervision. The costs of preparing this required information and submitting it to the Board will be borne by the entities that seek approval. Proposed amendments to N.J.A.C. 13:44G-10.6 set forth procedures for notification and handling of client records when a social work practice closes. The costs of providing the required notification and the cost of storing client records will be borne by licensees and certificate holders who close practices. The Board does not believe that the proposed amendments, repeal, and new rule will impose any other economic impact.
 
Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments, repeal, and new rule are not being proposed in order to implement, comply with, or participate in any program established under Federal law or under State law that incorporates or refers to Federal law, standards, or requirements.
 
Jobs Impact

The Board does not believe that the proposed amendments, repeal, and new rule will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

The proposed amendments, repeal, and new rule will not have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Analysis

Since licensees and certificate holders subject to the provisions of the proposed new rule, repeal, and amendments are individually licensed or certified by the Board under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The costs imposed by the proposed amendments, repeal, and new rule are the same for all licensees and certificate holders as outlined above in the Economic Impact statement. The Board does not believe that licensees or certificate holders will need to employ any professional services to comply with the requirements of the proposed amendments, repeal, and new rule. The proposed amendments impose compliance, recordkeeping, and reporting requirements as detailed in the summary above.

The Board believes that the proposed amendments, repeal, and new rule further the welfare and safety of the public by protecting clients who receive social work services. As such, the provisions must be applied uniformly to all licensees and certificate holders regardless of the size of the business.
 
Housing Affordability Impact Analysis

The proposed amendments, repeal, and new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the changes would evoke a change in the average costs associated with housing because the proposed amendments, repeal, and new rule concern the regulation of social workers.
 
[page=2753] Smart Growth Development Impact Analysis

The proposed amendments, repeal, and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the changes would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, repeal, and new rule concern the regulation of social workers.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    PURPOSE AND SCOPE; DEFINITIONS
 
13:44G-1.2   Definitions
 
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
 
. . .
 
"Board" means the State Board for Social Work Examiners.
 
"Clinical social work" means the professional application of social work methods and values in the assessment and psychotherapeutic counseling of individuals, families, or psychotherapy groups.
 
"Clinical social work services" means social work services [which] that may be performed only by [a] an LCSW or [a] an LSW under supervision pursuant to N.J.A.C. 13:44G-8. Clinical social work services include, but are not limited to, the following:
 
1. Clinical assessment, defined as the process of evaluation in which [a] an LCSW or [a] an LSW conducts a differential, individualized, and accurate identification of the psychosocial/behavioral problems existing in the life of the individual client, the family, or psychotherapy group for the purpose of establishing a plan to implement a course of psychotherapeutic counseling. A clinical social work assessment includes, but is not limited to, a mental status examination and a psychosocial history. The clinical social worker may utilize currently accepted diagnostic classifications including, but not limited to, the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, as amended and supplemented.
 
2. Clinical consultation, defined as ongoing case discussion and evaluation focusing on, but not limited to, client-centered advocacy provided as part of the psychotherapeutic process, clinical social work data, clinical goals, and treatment plans for the implementation of psychotherapeutic counseling with individuals, psychotherapy groups, and families. Clinical consultation may also include intervention with appropriate individuals and entities;
 
3. Psychotherapeutic counseling, defined as ongoing interaction between a social worker and an individual, family, or psychotherapy group for the purpose of helping to resolve symptoms of mental disorder, psychosocial stress, relationship problems, or difficulties in coping with the social environment; and
 
[4. Client centered advocacy, defined as the service in which, as part of the psychotherapeutic process, the social worker functions on behalf of individuals, families or groups to bring about or influence change to improve the quality of life, enhance empowerment and assure the basic rights of the client; and]
 
[5.] 4. (No change in text.)
 
"CSW" means a New Jersey certified social worker.
 
"LCSW" means a New Jersey licensed clinical social worker.
 
"LSW" means a New Jersey licensed social worker.
 
. . .
 
"Social work services" means concrete, non-clinical services, which may be performed only by a Board licensee or certificate holder. Social work services include, but are not limited to, the following:
 
1. (No change.)
 
2. "Social work counseling," defined as the professional application of social work methods and values in advising and providing guidance to individuals, families, or support/psycho-educational groups for the purpose of enhancing, protecting, or restoring the capacity for coping with the social environment, exclusive of the practice of psychotherapy and includes giving advice, delineating alternatives, providing supportive counseling, helping to articulate goals and providing needed information.
 
3.-8. (No change.)
 
9. "Social work client-centered advocacy," defined as the service in which the social worker functions on behalf of individual clients, support/psycho-educational groups, or other entities including, but not limited to, social work and governmental agencies, and specific issues related to those organizations. The purpose of [client centered] client-centered advocacy is to bring about or influence change to improve the quality of life, enhance empowerment, and assure the basic rights of the entity or individual being served by the social worker.
 
SUBCHAPTER 3.    AUTHORIZED PRACTICE
 
13:44G-3.1   Practice as an LCSW; scope
 
(a) The scope of practice of an LCSW includes, but is not limited to:
 
1. Clinical social work services. Clinical social work services include, but are not limited to, clinical assessment, clinical consultation, psychotherapeutic counseling, [client centered] client-centered advocacy, and clinical supervision of individuals pursuant to the standards set forth in N.J.A.C. 13:44G-8.1[. These terms are more specifically defined in N.J.A.C. 13:44G-1.2];
 
2. Social work services. Social work services include, but are not limited to, social work assessment, social work consultation, social work counseling, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy[. These terms are more specifically defined in N.J.A.C. 13:44G-1.2; and];
 
3. Custody/parenting time evaluations as set forth in Subchapter 13[.]; and
 
4. Supervising, pursuant to Council on Social Work Education standards, students who are completing undergraduate or graduate social work coursework.
 
13:44G-3.2   Practice as an LSW; scope
 
(a) The scope of practice of an LSW includes, but is not limited to:
 
1. Social work services. Social work services include, but are not limited to, social work assessment, social work counseling, social work consultation, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy[. These terms are more specifically defined in N.J.A.C. 13:44G-1.2; and];
 
2. Clinical social work services, under the supervision of [a] an LCSW [or other supervisor acceptable to the Board pursuant to the clinical supervision standards set forth in N.J.A.C. 13:44G-8.1]. Clinical social work services include, but are not limited to, clinical assessment, clinical consultation, psychotherapeutic counseling, and [client centered] client-centered advocacy. [A] An LSW may not, however, provide clinical supervision[. These terms are more specifically defined in N.J.A.C. 13:44G-1.2.]; and
 
3. Supervising, pursuant to Council on Social Work Education standards, students who are completing undergraduate or graduate social work coursework.
 
(b) (No change.)
 
13:44G-3.3   Practice as a CSW; scope
 
(a) The scope of practice of a CSW includes, but is not limited to, social work services. Social work services include, but are not limited to, social work assessment, social work consultation, social work counseling, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy. [These terms are more specifically defined in N.J.A.C. 13:44G-1.2.]
 
(b) The scope of practice of a CSW also includes supervising, pursuant to Council on Social Work Education standards, students who are completing undergraduate social work coursework.
 
[(b)] (c) (No change in text.)
 
SUBCHAPTER 4.    APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT
 
13:44G-4.1   Eligibility requirements; LCSW
 
(a) For purposes of this section, "two years of full-time clinical social work" means 3,000 hours completed in no more than four years and [page=2754] in no less than two years, of which at least 1,920 hours [of] shall be in face-to-face client contact [within any three consecutive year period] at least half of which are in psychotherapy, subsequent to earning a master's degree in social work under direct supervision pursuant to the standards set forth in N.J.A.C. 13:44G-8.1.
 
(b) An applicant for licensure as an LCSW shall submit the following, on forms provided by the Board[.]:
 
1.-2. (No change.)
 
3. An official transcript indicating that the applicant:
 
i. (No change.)
 
ii. Completed 12 semester hours of graduate level course work in methods of clinical social work practice, exclusive of field placement, from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education. The applicant shall obtain 12 credits in any of the following areas of study:
 
[(1) Human behavior and the social environment;]
 
[(2)] (1) Diagnosis and assessment in clinical social work practice;
 
Recodify existing (3)-(5) as (2)-(4) (No change in text.)
 
4. A supervisor's certification indicating that the applicant has acquired two years of [satisfactory] full-time clinical social work experience [under supervision within a period of not less than two, and not more than three consecutive years] after the completion of the master's degree required by (b)3 above. Such work experience shall have been completed no more than five years prior to the submission of the application. In the event that the applicant is unable to provide a supervisor's certification, the applicant shall submit to the Board an affidavit explaining the reason(s) why the applicant is not able to obtain the supervisor's certification;
 
5.-7. (No change.)
 
13:44G-4.2   Eligibility requirements; LSW
 
(a) An applicant for licensure as an LSW shall submit the following, on forms provided by the Board:
 
1.-3. (No change.)
 
4. An official transcript or letter from the dean or registrar of the school indicating that the applicant has received a master's degree in social work from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education[;] or a doctorate in social work from an accredited institution of higher education; and
 
5. (No change.)
 
SUBCHAPTER 6.    CONTINUING EDUCATION
 
13:44G-6.2   Credit-hour requirements
 
(a) An applicant for a biennial license or certification renewal shall complete the applicable continuing education credits as follows:
 
1. An LCSW shall complete a minimum of 40 credits of continuing education, of which at least 20 of the 40 credits shall be in courses or programs directly related to clinical practice [and]; of the remaining 20 credits, five credits [must] shall be related to ethics, and three credits shall be in the subject area of social and cultural competence. If the LCSW earns more than 40 credits during a biennial period, the LCSW may carry a maximum of eight surplus credits into a succeeding biennial period;
 
2. An LSW shall complete a minimum of 30 credits of continuing education, five of which must be related to ethics and three of which shall be in the subject area of social and cultural competence. If the LSW earns more than 30 credits during a biennial period, the LSW may carry a maximum of six surplus credits into a succeeding biennial period; and
 
3. A CSW shall complete a minimum of 20 credits of continuing education, five of which must be related to ethics and three of which shall be in the subject area of social and cultural competence. If the CSW earns more than 20 credits during a biennial period, the CSW may carry a maximum of four surplus credits into a succeeding biennial period.
 
(b) If an applicant initially obtains a license or certificate within the second year of a biennial license period, the applicant shall complete not fewer than one-half of the minimum required credits of continuing education[, three credits of which shall be in ethics related courses]. A CSW or LSW shall complete three credits in ethics-related courses and two credits in the subject area of social and cultural competence. [A] An LCSW shall complete a least 10 of the 20 credits in programs which directly relate to clinical practice and, of the remaining 10 credits, three shall be in ethics-related courses and two shall be in the subject area of social and cultural competence.
 
(c) (No change.)
 
[(d) The three contact hours of continuing education, of the prescribed contact hours, in the subject area of social and cultural competence shall be completed every biennial period and shall be in addition to the required five contact hours of continuing education in ethics as set forth in (a) above.]
 
(d) Continuing education credits that could be allocated to clinical practice, ethics, or social and cultural competence shall only be counted once and shall not be allocated for more than one category. For instance, a course that could be allocated towards clinical practice or ethics shall count towards either clinical practice or ethics, but not both.
 
13:44G-6.5   Documentation of continuing education credit
 
(a) (No change.)
 
(b) The licensee or certificate holder shall verify attendance at approved continuing education programs by a certificate of attendance or by a statement from the instructor of the offering. The verification shall include:
 
1. (No change.)
 
2. Name [and license or certificate number] of the attendee;
 
3.-5. (No change.)
 
(c)-(e) (No change.)
 
SUBCHAPTER 8.    CLINICAL SUPERVISION
 
13:44G-8.1   Clinical supervision
 
(a) An LSW providing clinical services under supervision as set forth in (b) below shall not provide clinical services through a private practice that the LSW owns either wholly or in part. An LSW may be employed by, or volunteer at, a private practice owned by a healthcare professional licensed to provide clinical mental health services.
 
[(a)] (b) [All LSWs shall not engage in independent private clinical social work practice and all] LSWs engaged in clinical social work practice shall have clinical supervision in accordance with the following standards:
 
1. Clinical supervision shall consist of contact between a social worker and a supervisor during which at least the following occurs:
 
i.-iv. (No change.)
 
v. The supervisor provides at least one hour of face-to-face individual or psychotherapy group clinical supervision per week or one hour of individual clinical supervision through synchronous video conferencing, which complies with the confidentiality requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), for no more than half of the total supervision hours;
 
2. [Until July 7, 2004, clinical] Clinical supervision [may] shall be rendered by[:]
 
[i. A] a clinical social worker licensed by this State[;].
 
[ii. A Board certified psychiatrist licensed by the New Jersey Board of Medical Examiners;
 
iii. A psychologist licensed by the New Jersey Board of Psychological Examiners; or
 
iv. Any other supervisor the Board may deem acceptable;]
 
[3. All applicants shall obtain the Board's prior written approval of any person rendering supervision other than a person identified in (a)2i through iii above;
 
4. Any LSW who has entered into a supervisory relationship with a supervisor pursuant to (a)2 above may continue the supervisory relationship;]
 
[5.] 3. Clinical supervision shall be rendered by an LCSW who:
 
i. Has been licensed as an LCSW for a minimum of three years; and
 
ii. Has completed at least 20 continuing education credits of post-graduate course-work related to clinical supervision [offered by either the National Association of Social Workers (NASW) or a sponsor approved by ASWB, or an educational program approved by the Council [page=2755] on Social Work Education (CSWE)] approved by the Board pursuant to (c) below. A Seminar in Field Instruction (SIFI) course shall not satisfy this requirement either in whole or in part.
 
Recodify 6.-9. as 4.-7. (No change in text.)
 
(c) An entity that wishes to obtain Board approval of a continuing education course of post-graduate course work related to clinical supervision shall apply to the Board for such approval in writing, indicating that the course:
 
1. Is taught by an LCSW who is qualified to supervise LSWs pursuant to (b) above;
 
2. Is taught in person by the LCSW;
 
3. Meets the requirements of N.J.A.C. 13:44G-6.4; and
 
4. Contains the following topics:
 
i. Development models of supervision;
 
ii. The role of supervision in the practice environment;
 
iii. Legal and ethical issues in supervision;
 
iv. Cultural competency and supervision; and
 
v. Transference and countertransference in clinical practice and supervision.
 
(d) Board approval granted pursuant to (c) above shall be valid until a continuing education course changes instructor, course sponsor, or content. A course that changes instructor, course sponsor, or content shall reapply to the Board for approval pursuant to (c) above.
 
Recodify existing (b)-(c) as (e)-(f) (No change in text.)
 
[(d) Upon written consent of the employer, the social worker shall arrange for off-premises supervision, where no supervision is available onsite.
 
1. In the case of supervision received through fee for services, the social worker shall obtain the client's written consent to disclose documentation to the supervisor.]
 
Recodify existing (e)-(f) as (g)-(h) (No change in text.)
 
(i) Upon written consent of the employer, the social worker shall arrange for off-premises supervision, where no supervision is available onsite.
 
1. In the case of such supervision, the social worker shall obtain the client's written consent to share records or other documents with the supervisor.
 
SUBCHAPTER 9.    GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE
 
13:44G-9.3   Unlicensed practice of social work
 
(a) The following acts or practices shall be deemed to be the unlicensed practice of social work:
 
1.-4. (No change.)
 
5. Offering or rendering clinical social work services [by an individual working in] as an employee of a nonprofit organization[, and possessing] if the employee holds a master's degree in social work [from an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education, unless that individual possesses] but does not possess a license issued by the Board.
 
6. (No change.)
 
SUBCHAPTER 10.  BUSINESS PRACTICES; PROFESSIONAL CONDUCT
 
13:44G-10.2 Financial arrangements with clients
 
(a)-(b) (No change.)
 
(c) A licensee or certificate holder shall not accept goods or services from clients as payment for professional services.
 
[(c)] (d) Before providing social work services or clinical social work services, a licensee or certificate holder 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 licensee or certificate holder will accept installment payments; and
 
4. The financial consequences, if any, of missed appointments.]
 
Financial arrangements shall use clear and understandable language and be in writing, dated, and signed by the licensee or certificate holder, maintained as part of the licensee's or certificate holder's records, and provided to the client. Financial arrangements shall inform clients of:
 
1. The purpose of services;
 
2. Risks related to services;
 
3. Limitations of services imposed by third party payors;
 
4. The fee for services or the basis for determining the fee to be charged;
 
5. The identity of the person or entity responsible for payment of the fee for services;
 
6. Whether the licensee or certificate holder will accept installment payments;
 
7. The financial consequences, if any, of missed appointments; and
 
8. The client's right to terminate the financial arrangement.
 
(e) A licensee or certificate holder shall review the contract with a client at least once a year.
 
(f) A licensee or certificate holder may terminate services with a client who has not paid an overdue balance as long as:
 
1. The contract for services made clear to the client that services could be so terminated;
 
2. The consequences for nonpayment were discussed with the client; and
 
3. The termination of services will not pose an imminent danger to the client or to others.
 
(g) An LCSW providing clinical social work services shall prepare and maintain a written list of current fees for standard services and, upon request, shall provide the list to clients. The list shall include:
 
1. Whether Medicaid, Medicare, or other third party payor plans are accepted;
 
2. Whether insurance payments (excluding deductible and copay) are accepted as payment in full; and
 
3. Whether special fee categories are available, such as senior citizens or members of designated groups (for example, preferred provider plan members).
 
[(d)] (h) (No change in text.)
 
13:44G-10.3 [LCSW; financial arrangements with clients] (Reserved)
 
[(a) In addition to complying with N.J.A.C. 13:44G-10.2, a licensee providing clinical social work services shall prepare and maintain a written list of current fees for standard services and, upon request, shall provide the list to clients.
 
(b) The licensee shall include all of the following information on the list:
 
1. Whether Medicaid clients are accepted;
 
2. Whether Medicare clients are accepted;
 
3. Whether other third party payor plans are accepted;
 
4. Whether insurance payments (excluding deductible and copay) are accepted as payment in full; and
 
5. Whether special fee categories are available, such as senior citizens or members of designated groups (for example, preferred provider plan members).]
 
13:44G-10.4 Conflicts of interest
 
[(a) A social worker providing social work services shall not provide those services in circumstances that would be expected to limit the social worker's objectivity and impair professional judgment or increase the risk of exploitation.
 
(b) A social worker providing clinical social work 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 employees, tenants, students, supervisors, close friends or relatives and supervision of close friends and relatives.
 
[page=2756] (c) A social worker who has identified a conflict of interest shall notify the parties involved and shall take action to eliminate the conflict.]
 
(a) Licensees and certificate holders shall avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. Licensees or certificate holders shall inform clients when a real or potential conflict of interest arises and take steps to resolve the issue, which could be the termination of the professional relationship with the client.
 
(b) Licensees and certificate holders shall not take advantage of any professional relationship or exploit clients to further their personal, religious, political, or business interests or unduly influence clients based on their personal, religious, political, or business interests.
 
(c) Licensees and certificate holders shall not engage in dual or multiple relationships with clients or former clients in which there are risks of potential harm to the client or the perception of conflicts of interest and partiality. Licensees and certificate holders shall take steps to protect clients and are responsible for setting clear, appropriate, and culturally sensitive boundaries. Dual or multiple relationships occur when licensees or certificate holders have more than one existing or past relationship with clients, whether professional, social, or business.
 
(d) When a licensee or certificate holder provides services to two or more people who have a relationship with each other (for example, couples or family members), the licensee or certificate holder shall identify to all parties the individual who is the client and the nature of licensee's or certificate holder's professional obligations to the individuals receiving services. A licensee or certificate holder who anticipates a conflict of interest among the individuals receiving services or who anticipates having to perform in potentially conflicting roles shall notify the parties as to the licensee's or certificate holder's role and take action to minimize any conflict of interest.
 
13:44G-10.6 Termination or interruption of services
 
(a)-(c) (No change.)
 
(d) Whenever a social work practice is to be closed due to the retirement or death of a licensee or certificate holder, or the practice will be closed for more than 90 days, the licensee, certificate holder, or the executor or administrator of the licensee's or certificate holder's estate shall:
 
1. Establish a procedure by which clients may obtain records or agree to the transfer of those records to another licensee or certificate holder who is assuming the responsibilities of that practice;
 
2. If the practice will not be attended by another licensee or certificate holder, 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 or certificate holder's practice or on the licensee's or certificate holder's website, at least once each month for the first three months after the cessation;
 
3. Notify the Board, in writing, of the impending closure and the established procedure for the retrieval of records;
 
4. Make reasonable efforts to directly notify clients treated during the six months preceding the cessation of the practice to provide information concerning the established procedure for retrieval of records;
 
5. Conspicuously post a notice on the premises of the procedure for the retrieval of records for at least one month prior to the cessation of the practice, if closure is due to retirement; and
 
6. Arrange for the storage of any records that have not been retrieved by clients for one year from the date the practice closes.
 
13:44G-10.7 Sexual misconduct, harassment; discrimination
 
(a) As used in this section, the following terms shall have the following meanings unless the context indicates otherwise:
 
1.-4. (No change.)
 
5. "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 social worker's activities or role as a provider of social work services, and that is unwelcome, offensive to a reasonable person, or creates a hostile workplace 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 include conduct of a non-sexual nature if it is based upon the [sex] gender of an individual. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to conduct of a licensee with a client, co-worker, employee, student, or supervisee whether or not such individual is in a subordinate position to the licensee.
 
(b) A social worker shall not accept as a client an individual who[, within the immediately preceding 24 months,] was the social worker's sexual partner.
 
(c)-(d) (No change.)
 
(e) A social worker shall not condone or engage in any form of discrimination on the basis of an individual's race, age, religion, color, national origin, marital status, gender, sexual orientation, gender identity, physical or mental disability, or any other preference or personal characteristic, condition or status.
 
(f)-(k) (No change.)
 
13:44G-10.7A   Inappropriate behavior
 
(a) Licensees and certificate holders shall not engage in actions that do not support the therapeutic or professional relationship. Such actions include, but are not limited to:
 
1. Initiating, encouraging, or participating in communication with the client or the client's support system that is not professional in nature;
 
2. Demonstrating preferential treatment or the perception of preferential treatment of a client;
 
3. Failing to maintain impartiality such as demonstrating aggressiveness or being overly protective of a client without a clinical reason;
 
4. Granting favors or rewards to clients to endear clients, gain or promote feelings of acceptance, or receive gifts; and
 
5. Sharing private information that does not have a therapeutic benefit.
 
13:44G-10.8    Reporting of violations by other licensees
 
(a) A social worker shall promptly notify the Board when in possession of information [which] that reasonably indicates that another licensee or certificate holder has demonstrated an impairment, gross incompetence, or unprofessional conduct [which] that would present an imminent danger to a client or to the public health, safety, or welfare.
 
1. When the information is obtained in the course of a professional or consulting relationship with a client, and the client is unwilling or unable to make the report, the social worker shall report the information [only with the written permission of] and advise the client of the report.
 
2. (No change.)
 
SUBCHAPTER 11.  ADVERTISING
 
13:44G-11.2    Advertising; general requirements
 
(a)-(c) (No change.)
 
(d) An LSW who advertises must include the name of his or her employer in any information about his or her employer in any promotional material.
 
(e) Advertisements using social work license or certification credentials shall only be used when promoting social work services.
 
13:44G-11.4    Use of professional credentials and certifications
 
(a)-(c) (No change.)
 
(d) In addition to the information required to appear pursuant to N.J.A.C. 13:44G-11.3, letters or abbreviations that may appear immediately adjacent to the social worker's name shall be limited to those representing the following:
 
1. (No change.)
 
2. Current social work certifications or diplomate status as defined in N.J.A.C. 13:44G-11.1; [and]
 
3. Other licenses or certifications issued by another state or Federal agency[.]; and
 
[page=2757] 4. Any academic degree earned in a field other than social work, as long as the field in which the degree has been earned is clearly identified.
 
(e) (No change.)
 
(f) Nothing in this section shall preclude any truthful and non-deceptive statement in regard to education or experience [in a particular area of social work].
 
SUBCHAPTER 12.  CLIENT RECORDS; CONFIDENTIALITY
 
13:44G-12.3    Confidentiality
 
(a) A social worker shall preserve the confidentiality of information obtained from a client in the course of performing social work services for the client, including after the death of a client, except in the following circumstances.
 
1.-6. (No change.)
 
7. The [patient or] client agrees in writing to waive the privilege accorded by this section. The client shall sign and date the written waiver and the social worker shall maintain the waiver in the client's record. In circumstances when more than one person in a family is receiving social work services, each family member who is at least 14 years of age or older must agree to the waiver. Absent a waiver of each family member, a social worker shall not disclose any information received from any family member.
 
(b)-(c) (No change.)
 
SUBCHAPTER 13.  CUSTODY/PARENTING TIME EVALUATIONS
 
13:44G-13.6    Fees
 
(a) An LCSW who performs custody/parenting time evaluations shall comply with the requirements of N.J.A.C. 13:44G-10.2 with regard to financial arrangements for evaluations.
 
Recodify existing (a)-(d) as (b)-(e) (No change in text.)
 
SUBCHAPTER 14.  FEES
 
13:44G-14.1    Fees
 
(a) Charges for licensure, certification, and other services:
 
1.-11. (No change.)
 
[12. Duplicate wall certificate .............................................  40.00]
 
Recodify existing 13.-16. as 12.-15. (No change in text.)