Rule Proposal

Proposed Readoption with Amendments: N.J.A.C. 13:34

Proposed Repeals and New Rules: N.J.A.C. 13:34-1.10, 1.11, 19.5, 19.6, 28.5, and 28.6

Proposed New Rules: N.J.A.C. 13:34-1.12, 19.7, and 28.7

Proposed Repeals: N.J.A.C. 13:34-14.2 and 15.3

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Board of Marriage and Family Therapy Examiners Rules

Authorized By: State Board of Marriage and Family Therapy Examiners, Milagros Collazo, Executive Director.

Authority: N.J.S.A. 45:8B-13 and 34 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2016-171.

Submit comments by December 16, 2016, to:

Milagros Collazo, Executive Director
State Board of Marriage and Family Therapy Examiners
PO Box 45007
124 Halsey Street
Newark, New Jersey 07101
Or electronically: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

The State Board of Marriage and Family Therapy Examiners (the Board) is proposing to readopt N.J.A.C. 13:34 with amendments, repeals, and new rules. These rules were scheduled to expire on September 10, 2016, pursuant to N.J.S.A. 52:14B-5.1. Because this notice of readoption has been filed prior to September 10, 2016, the expiration date of the rules in Chapter 34 is extended by 180 days, to March 9, 2017, pursuant to N.J.S.A. 52:14B-5.1.c(2).

In compliance with Executive Order No. 66 (1978), the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:34 to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board notes that, with respect to the rules concerning professional counselors, associate counselors, and rehabilitation counselors, set forth in Subchapters 10 through 31, the Board conducted its review in consultation with the Professional Counselor Examiners Committee (the Committee). The Board believes that the rules proposed for readoption with amendments, repeals, and new rules are necessary, reasonable, understandable, and responsive to the purposes for which they were promulgated.

In addition, the Board proposes to recodify Subchapters 1 through 9A to reorganize the chapter, so that the process for applying for licensure and the continuing education requirements precede standards of practice. The proposed codification scheme of Subchapters 1 through 9A is as follows:

Old N.J.A.C. Cite New N.J.A.C. Cite

1 1

4 2

5 3

3 4

9 5

6 6

2 7

8 8

7 9

9A 9A

Subchapter 1 sets forth general provisions with respect to marriage and family therapy practice. N.J.A.C. 13:34-1.1, which establishes the Board's fee schedule, and N.J.A.C. 13:34-1.2, which sets forth the scope of practice of marriage and family therapy, are proposed to be readopted without change. The Board is proposing to amend N.J.A.C. 13:34-1.3, which provides contact information for the Board office, N.J.A.C. 13:34-1.4 and 1.5, which provide that a current list of Board licensees, application forms, and other information regarding licensure may be obtained by contacting the Board office or from the Board's website, and N.J.A.C. 13:34-1.6, which requires licensees to display a notice to clients advising them of the address where complaints can be made, and to update the Board and Division of Consumer Affairs' respective website addresses.

N.J.A.C. 13:34-1.7, which requires all hearings to be conducted consistent with the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., N.J.A.C. 13:34-1.8, which requires licensees to notify the Board concerning changes of address, and N.J.A.C. 13:34-1.9, which requires a licensee to notify the Board of a legal name change and delineates the documentation the licensee must submit to the Board, are proposed for readoption without change.

To implement P.L. 2013, c. 182 (N.J.S.A. 45:1-7.1 and 7.4), which revises the law concerning professional and occupational licenses, the Board proposes to repeal existing N.J.A.C. 13:34-1.10 and 1.11 and replace these sections with new N.J.A.C. 13:34-1.10, 1.11, and 1.12. P.L. 2013, c. 182, which became effective on July 1, 2014, modifies the reinstatement and reactivation requirements for professional or occupational licensees.

Proposed new N.J.A.C. 13:34-1.10 sets forth the requirements for licensure renewal for marriage and family therapists. In accordance with N.J.S.A. 45:1-7.1, the Board proposes including, in subsection (a), the requirement that the notice of renewal inform licensees that they have the option to renew as inactive.

Proposed new N.J.A.C. 13:34-1.11, implementing P.L. 2013, c. 182, sets forth the requirements for reactivating an inactive license. Proposed subsection (a) lists the documentation that a licensee who has placed his or her license on inactive status must provide to the Board when applying for reactivation of his or her license. Paragraph (a)4 provides that applicants who hold a valid current license to engage in marriage and family therapy in another state while holding an inactive State license and met the other state's continuing education requirements will be deemed to have satisfied the Board's respective continuing education requirements. The rules also provide that if the Board requires specific continuing education courses, those courses can be completed within 12 months following reactivation. Proposed subsection (b) sets forth the criteria that the Board shall consider when reviewing an application to determine practice deficiencies and grants the Board discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.

Proposed new N.J.A.C. 13:34-1.12 similarly sets forth the requirements for reinstating an administratively suspended license. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Board [page=2103] to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Board must consider when reviewing an application to determine practice deficiencies and grants the Board discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.

Recodified Subchapter 2 sets forth the requirements for licensure and application procedures for marriage and family therapists. The Board proposes to amend recodified N.J.A.C. 13:34-2.1, which establishes general requirements for licensure, to change the citations consistent with the recodification of the subchapter and to correct a statutory reference. The Board also proposes to amend recodified N.J.A.C. 13:34-2.1(a)7 to simplify the provision and reference the submission of the Certification and Authorization Form for a Criminal History Background Check. In addition, the Board proposes to add new N.J.A.C. 13:34-2.1(d) and (e) to set forth the circumstances in which the Board will deem an application to have been abandoned and closed, and that an application submitted subsequent to an abandoned application will be treated as a new application.

Recodified N.J.A.C. 13:34-2.2, which concerns the educational requirements for licensure, is proposed for readoption without change. The Board proposes to amend recodified N.J.A.C. 13:34-2.3. This rule sets forth the experience requirements for licensure. The Board proposes to amend the definition of "marriage and family therapy experience" in subsection (a) to change the wording of "singly" to "individually." The Board also proposes to amend the definition of "qualified supervisor." Currently, an individual with at least five full-time years of professional marriage and family therapy practice experience and a New Jersey license to practice as a marriage and family therapist is deemed a qualified supervisor. The Board also deems as a qualified supervisor, an individual with at least five full-time years of professional marriage and family therapy practice experience and a master's degree in marriage and family therapy or social work, or a graduate degree in a related field and who has demonstrated to the Board that he or she has completed course work content and training substantially equivalent to a master's degree in marriage and family therapy, or who has a post-graduate degree recognized by the Board or a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education. The Board proposes to amend the definition of "qualified supervisor" to require that these individuals have a New Jersey license to practice and are acting within the scope of their profession or occupation to establish a minimum standard of training, educational background, proficiency, and competency to ensure the quality of supervision provided by these individuals.

The Board proposes amending recodified N.J.A.C. 13:34-2.3(b) to update a citation. The Board also proposes amending this subsection to cross-reference the documentation of supervision forms required in recodified N.J.A.C. 13:34-3.3(e). In addition, the Board proposes amending this subsection to codify the Board's existing practice to delineate on the supervision forms additional activities that the Board deems as work-related activities. These forms are available on the Board's website.

Recodified N.J.A.C. 13:34-2.4, which sets forth the requirements individuals licensed in other states must satisfy to qualify for licensure in New Jersey, is proposed for readoption without change. The Board proposes to amend recodified N.J.A.C. 13:34-2.5, which concerns credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces, to update the referenced citations consistent with the proposed chapter reorganization.

Recodified Subchapter 3 establishes requirements for marriage and family therapy temporary permit holders and their qualified supervisors. The Board proposes to amend recodified N.J.A.C. 13:34-3.1, which concerns definitions of terms used throughout the subchapter, and recodified N.J.A.C. 13:34-3.2, which delineates requirements for temporary permit applications, to update the citations consistent with the proposed reorganization of the chapter. Recodified N.J.A.C. 13:34-3.3 sets forth the responsibilities of qualified supervisors. The Board proposes to amend subsection (f) to include tenants and spouses as examples of inappropriate supervisory relationships, consistent with the relationships set forth in existing N.J.A.C. 13:34-3.3(d) and 6.2. The Board proposes to amend subsection (h) to require notification to the Board when a qualified supervisor's license is subject to any pending disciplinary action.

Recodified N.J.A.C. 13:34-3.4, which sets forth the responsibilities of temporary permit holder responsibilities, and N.J.A.C. 13:34-3.5, 3.6, and 3.7, which are reserved, are proposed to be readopted without change.

Recodified Subchapter 4 concerns the practice of marriage and family therapy by certain unlicensed individuals. The Board proposes to readopt without change recodfied N.J.A.C. 13:34-4.1, which delineates permissible activities for unlicensed persons employed by certain organizations, institutions, or agencies exempt from licensure pursuant to N.J.S.A. 45:8B-6, and recodified N.J.A.C. 13:34-4.2, which defines a bona fide community agency. Recodified N.J.A.C. 13:34-4.3 concerns the supervision of employees and interns. The Board proposes to amend recodified N.J.A.C. 13:34-4.3(c) to update the referenced citation consistent with the proposed reorganization of the chapter. The Board proposes to readopt without change N.J.A.C. 13:34-4.4, which concerns advertising by unlicensed persons, and recodified N.J.A.C. 13:34-4.5, 4.6, and 4.7, which are reserved.

Recodified Subchapter 5 concerns continuing education for licensed marriage and family therapists. The Board is proposing to readopt recodified N.J.A.C. 13:34-5.1, which sets forth continuing education requirements for license renewal, without change. Recodified N.J.A.C. 13:34-5.2 provides that marriage and family therapists must complete 40 contact hours of continuing education directly related to the profession of marriage and family therapy during each biennial renewal period. The Board is proposing to add new N.J.A.C. 13:34-5.2(a) to establish that marriage and family therapists shall not be required to obtain continuing education contact hours during the period of initial licensure prior to the marriage and family therapist's first biennial renewal period, but shall be subject to the requirements of N.J.A.C. 13:34-5.1 for all subsequent renewal periods. The Board is also proposing to amend recodified N.J.A.C. 13:34-5.2(c) and (d) to update the cross-references consistent with the proposed reorganization of the subchapter. The Board proposes to delete existing subsection (d) as the effective date has passed.

Recodified N.J.A.C. 13:34-5.3 concerns requirements for obtaining Board approval of continuing education programs and courses. Subsection (c) sets forth the acceptable content areas for continuing education. The Board is proposing to amend recodified N.J.A.C. 13:34-5.3(c)11 to delete the language that provides examples of societal concerns because the Board believes the language is too limiting. Societal concerns are broad-based and encompass multiple issues. The Board believes that it is not necessary to specify these issues, as members of the profession are aware of the issues considered societal concerns.

The Board is proposing to amend recodified N.J.A.C. 13:34-5.4, which concerns contact hour calculations, and recodified N.J.A.C. 13:34-5.5, which sets forth continuing education documentation requirements, to update the cross-references consistent with the proposed chapter reorganization. Recodified N.J.A.C. 13:34-5.6, which provides for the waiver of continuing education requirements, is proposed for readoption without change.

The rules in Subchapter 6 delineate general obligations of licensed marriage and family therapists. N.J.A.C. 13:34-6.1, which concerns financial arrangements with clients, is proposed for readoption without change. The Board proposes to readopt N.J.A.C. 13:34-6.2, concerning conflicts of interest, without change. The Board proposes to amend N.J.A.C. 13:34-6.3, which concerns the termination of services, to update the cross-reference in subsection (d) consistent with the proposed reorganization of the chapter. N.J.A.C. 13:34-6.4, which concerns sexual misconduct and harassment, N.J.A.C. 13:34-6.5, which requires a licensee to notify the Board of misconduct by another licensee, N.J.A.C. 13:34-6.6, which prohibits solicitations and unethical referrals, and N.J.A.C. 13:34-6.7, which prohibits licensees from charging excessive fees, are proposed for readoption without change. N.J.A.C. 13:34-6.8 remains reserved.

Recodified Subchapter 7 concerns professional misconduct. The Board proposes to readopt recodified N.J.A.C. 13:34-7.1, which defines [page=2104] activities that, if engaged in by licensed marriage and family therapists, will be deemed professional misconduct, and recodified N.J.A.C. 13:34-7.2, concerning professional interactions with clients, without change.

Subchapter 8 concerns marriage and family therapy client records and confidentiality. N.J.A.C. 13:34-8.1 concerns the preparation and maintenance of client records. The Board proposes to amend N.J.A.C. 13:34-8.1(b) to establish that marriage and family therapists shall include in the client record a summary of the termination of services. The summary shall include: the reason for termination, a summary of the information provided and topics discussed during the process of terminating services, the review of the treatment plan, follow-up and transitional services, a summary of the communication with the client about the termination of services and, as applicable, the communication with other mental health professionals associated with the coordination of treatment. N.J.A.C. 13:34-8.2, which establishes requirements for computerized client records, and N.J.A.C. 13:34-8.3, which requires licensees to maintain the confidentiality of client records, are proposed for readoption without change.

Recodified Subchapter 9 sets forth requirements for advertisements utilized by licensed marriage and family therapists. The Board is proposing that all the rules in recodified Subchapter 9, with the exception of recodified N.J.A.C. 13:34-9.4 and 9.8, be readopted without change. Recodified N.J.A.C. 13:34-9.1 provides definitions for relevant terms. Recodified N.J.A.C. 13:34-9.2 establishes general requirements for advertisements. Recodified N.J.A.C. 13:34-9.3 establishes minimum content requirements for licensee advertisements. Recodified N.J.A.C. 13:34-9.5 concerns fee advertisements. Recodified N.J.A.C. 13:34-9.6 prohibits certain types or methods of advertising. Recodified N.J.A.C. 13:34-9.7 imposes requirements for the use of testimonials in advertisements.

Recodified N.J.A.C. 13:34-9.4 establishes requirements for the use of professional credentials and certifications in advertisements. Recodified N.J.A.C. 13:34-9.8 requires licensees to retain advertisements for three years. The Board proposes to amend recodified N.J.A.C. 13:34-9.4(d) and 9.8(b)3 to update the cross-reference consistent with the proposed chapter reorganization.

Subchapter 9A concerns the custody/parenting time evaluations and/or termination of parental rights evaluations. The Board is proposing that all rules in Subchapter 9A, with the exception of N.J.A.C. 13:34-9A.2, be readopted without change. N.J.A.C. 13:34-9A.1 sets forth the purpose and scope of the subchapter. N.J.A.C. 13:34-9A.3 concerns the prohibition on acting in a dual relationship as a treating therapist and that of an evaluator or parenting coordinator. N.J.A.C. 13:34-9A.4 concerns communications with the court, the parties, and their attorneys. N.J.A.C. 13:34-9A.5 concerns required disclosures. N.J.A.C. 13:34-9A.6 concerns fees charged for professional services. N.J.A.C. 13:34-9A.7 concerns the marriage and family therapist's written reports and recommendations.

The Board proposes to amend subsection (c) of N.J.A.C. 13:34-9A.2, concerning the qualifications of marriage and family therapists to perform custody/parenting time evaluations and/or termination of parental rights evaluations, to update the cross-reference consistent with the proposed reorganization of the chapter.

The rules in Subchapters 10 through 31 concern professional counseling and rehabilitation counseling practice. Specifically, the rules in Subchapters 10 through 19 and 31 concern professional and associate counselor practice. The rules in Subchapters 20 through 28 concern rehabilitation counseling practice. The rules in Subchapters 29 and 30 are applicable to both professional and rehabilitation counseling practice. Because various requirements in Subchapters 10 through 19 are also imposed in Subchapters 20 through 28, for purposes of this rulemaking, those rules are discussed together.

The rules in Subchapter 10, concerning professional and associate counselors, and Subchapter 20, concerning rehabilitation counselors, establish scope of practice. The Board is proposing to readopt N.J.A.C. 13:34-10.1 and 20.1, which set forth the purpose and scope of the respective subchapters, without change.

N.J.A.C. 13:34-10.2 and 20.2 set forth definitions for the respective subchapters. The Board is proposing to amend the definition of "counseling" in N.J.A.C. 13:34-10.2 to specify that professional counselors may conduct assessments and evaluations that are within their scope of practice.

The Board proposes to readopt N.J.A.C. 13:34-10.3 and 20.3, which delineate the scope of practice for professional and associate counselors, and rehabilitation counselors, respectively, without change.

The rules in Subchapters 11 and 21 concern application procedures for professional and associate counselors, and rehabilitation counselors, respectively. N.J.A.C. 13:34-11.1 and 21.1 remain reserved.

N.J.A.C. 13:34-11.2, 11.5, and 21.2 set forth the application and education requirements for professional counselors, associate counselors, and rehabilitation counselors, respectively. The Board proposes to amend N.J.A.C. 13:34-11.2(a), 11.5(a), and 21.2(a) to add new paragraph (a)4 to codify the existing requirement that professional counselor, associate counselor, and rehabilitation counselor applicants, respectively, must submit a Certification and Authorization Form for a Criminal History Background Check.

The Board is proposing to further amend N.J.A.C. 13:34-11.2(b)2 and 11.5(b)2 to delete the word "program." The Board believes that by deleting this word it will clarify that the Committee reviews the curriculum of educational institutions that are not accredited by the Council for the Accreditation of Counseling and Related Educational Programs to verify that they meet the coursework distribution requirements set forth in subsection (a). The Board is proposing to further amend N.J.A.C. 13:34-21.2(b) to remove reference to the effective date which has passed.

N.J.A.C. 13:34-11.3 and 21.3 set forth experience requirements for applicants for licensure as professional counselors and rehabilitation counselors, respectively. Currently, N.J.A.C. 13:34-11.3(b) provides that an applicant for licensure as a professional counselor may take up to six years to satisfy the supervised professional counseling experience requirement as defined in N.J.A.C. 13:34-10.2. The Board is proposing to clarify when this six-year period commences. Proposed new N.J.A.C. 13:34-11.3(b)1 establishes that 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. Proposed new paragraph (b)2 establishes that for those applicants who, prior to October 5, 2011, completed their educational requirements and began obtaining the required supervised professional counseling experience, the applicant has six years from the date his or her degree was conferred to satisfy the experience requirement. This distinction is necessary because, prior to October 5, 2011, an applicant for licensure as a professional counselor was not required to first be licensed as an associate counselor.

The Board is proposing to readopt N.J.A.C. 13:34-11.4, 11.6, and 21.4, which set forth examination requirements for professional counselors, associate counselors, and rehabilitation counselors, respectively, without change.

The Board is proposing to amend N.J.A.C. 13:34-11.7 and 21.5, concerning the payment of licensing fees and the abandonment of application, to set forth additional circumstances in which the Board will deem an application to have been abandoned and closed. Consistent with the Board's proposed amendments to recodified N.J.A.C. 13:34-2.1, the Board proposes that an application will be deemed abandoned and closed if it is not completed within 12 months after it was received by the Committee or if the applicant fails to take or pass the required licensure examination within 12 months of notification of eligibility to sit for the examination.

N.J.A.C. 13:34-11.8, 11.9, and 21.6, which concern credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces for professional counselors, associate counselors, and rehabilitation counselors, respectively, are proposed for readoption without change.

The rules in Subchapter 12, concerning licensure by endorsement for professional and associate counselors, are proposed for readoption without change. N.J.A.C. 13:34-12.1 sets forth the requirements to apply for licensure by endorsement for professional and associate counselors.

The rules in Subchapters 13 and 23 concern the requirements for supervision of associate counselors, and rehabilitation counselor supervisees, respectively. The Board proposes to readopt N.J.A.C. [page=2105] 13:34-13.1 and 23.1, which set forth supervisor qualifications and responsibilities, without change.

N.J.A.C. 13:34-13.2 and 23.2 delineate the responsibilities of associate counselors and rehabilitation counselor supervisees, respectively. The Board proposes to amend N.J.A.C. 13:34-13.2(d) and 23.2(d) to clarify that a licensed associate counselor and a rehabilitation counselor supervisee, respectively, may receive from a client, on behalf of the supervisor or employing entity, fees for professional services. The Board also proposes to amend N.J.A.C. 13:34-13.2(e) to provide that a licensed associate counselor who advertises shall comply with the requirements set forth in N.J.A.C. 13:34-29 and specify the names of his or her supervisors, and may not advertise that he or she engages in independent practice. The existing rule prohibits the licensed associate counselor from advertising. The Board is removing this prohibition consistent with N.J.A.C. 13:34-29, which sets forth the requirements for licensed associate counselors to engage in advertising.

The Board proposes to readopt N.J.A.C. 13:34-13.3 and 23.3, concerning supervised counseling experience acquired prior to application for licensure as a professional counselor and rehabilitation counselor, respectively, without change. N.J.A.C. 13:34-13.4 and 23.4 remain reserved.

Subchapter 14 concerns professional counselor specialty designations. N.J.A.C. 13:34-14.1, delineates the general requirements for the use of specialty designations, and N.J.A.C. 13:34-14.2, delineates the requirements for the use of the clinical mental health counselor specialty designation. The Board proposes to amend the rules in Subchapter 14 to reflect the Committee's current practice concerning the use of specialty designations. The Board proposes to repeal N.J.A.C. 13:34-14.2 and to amend N.J.A.C. 13:34-14.1 to remove references to specific specialty designations certified by the National Board for Certified Counselors (NBCC) and, instead to generally refer to all NBCC specialty certifications. The Board does not believe it is necessary to have a separate rule for the clinical mental health counselor specialty designation from NBCC because the requirements for using each of the NBCC specialty designations are the same. The Board notes that NBCC determines the specialty designations to certify, and the requirements for obtaining and maintaining that certification. The Board further notes it is the licensee's responsibility to comply with NBCC's requirements for obtaining and maintaining the NBCC specialty certifications, including completing any NBCC required continuing education. The Board also proposes to delete N.J.A.C. 13:34-14.1(d) because the proposed amendments to subsection (a) make it unnecessary.

The rules in Subchapters 15 and 24 concern the continuing education requirements for professional counselors and rehabilitation counselors, respectively. N.J.A.C. 13:34-15.1 and 24.1 set forth the continuing education requirement for licensure renewal for professional and associate counselors, and rehabilitation counselors, respectively. The Board proposes to amend N.J.A.C. 13:34-15.1 to delete the effective date, which has passed.

N.J.A.C. 13:34-15.2 and 24.2 establish the respective contact hour requirements for professional counselor and rehabilitation counselor continuing education. The Board is proposing to delete N.J.A.C. 13:34-15.2(d) and 24.2(d), because the effective date has passed. The Board proposes to repeal N.J.A.C. 13:34-15.3, concerning contact hour requirements for licensed professional counselors with specialty permits, because NBCC, not the Committee, establishes the continuing education requirements for maintaining a specialty certification. The Committee will continue to accept the required continuing education contact hours for the specialty certification to satisfy the Committee's 40 contact hours of continuing education requirements for the licensed professional counselor. The Board, therefore, proposes to relocate the last sentence of existing N.J.A.C. 13:34-15.3 as 15.2(d), without any substantive change.

The Board is proposing to readopt N.J.A.C. 13:34-15.4 and 24.3, which delineate acceptable sources of continuing education credit, N.J.A.C. 13:34-15.5 and 24.4, which concern continuing education contact hour calculations, N.J.A.C. 13:34-15.6 and 24.5, which require retention of continuing education documentation, and N.J.A.C. 13:34-15.7 and 24.6, which concern the waiver of continuing education requirements, without change.

Subchapters 16, 22, and 25 remain reserved. Subchapters 17 and 26 concern fees for professional and associate counselors and rehabilitation counselors, respectively. The Board is proposing that N.J.A.C. 13:34-17.1 and 26.1, which set forth the fees charged by the Board in connection with the licensure of professional counselors and associate counselors and rehabilitation counselors, respectively, be readopted without change.

Subchapters 18 and 27 concern client records and confidentiality. N.J.A.C. 13:34-18.1 and 27.1 impose requirements with respect to the preparation and maintenance of client records by professional and associate counselors and rehabilitation counselors. Existing N.J.A.C. 13:34-18.1(h) and 27.1(h) require the licensee to establish procedures for maintaining the confidentiality of client records in the event of a change in practice location or status, such as retirement, and to assure the preservation of client records in the event of the licensee's separation from a group practice. The Board is proposing to amend N.J.A.C. 13:34-18.1(h) to mirror that of the Alcohol and Drug Counselor Committee rule at N.J.A.C. 13:34C-4.1(g). Similar to the Professional Counselor Examiners Committee, the Alcohol and Drug Counselor Committee, is under the authority of the Board. The proposed amendments require the licensee to establish "reasonable" procedures for maintaining the confidentiality of client records. The proposed amendments also expand the circumstances triggering this requirement to include termination from practice. Further, the Board's proposed amendments establish minimal procedures to assure the preservation of client records. The minimum requirements are: establishing a procedure by which patients can obtain treatment records or agree to the transfer of those records to another licensee or health care professional who is assuming the responsibilities of the practice, and making reasonable efforts to directly notify any patient treated during the six months preceding the cessation and providing information concerning the procedure for the retrieval of records.

N.J.A.C. 13:34-18.2 and 27.2 concern computerized client records. The Board proposes to amend N.J.A.C. 13:34-18.2 and 27.2 to delete subsection (e), because it is no longer applicable as licensees were required to make the required modifications by February 17, 2000.

N.J.A.C. 13:34-18.3 and 27.3, concerning access to client records, N.J.A.C. 13:34-18.4 and 27.4, which concern access by managed health care plans to information in client records, N.J.A.C. 13:34-18.5 and 27.5, which require licensees to preserve the confidentiality of client information, N.J.A.C. 13:34-18.6 and 27.6, which set forth requirements for the treatment of minors by professional and associate counselors, and rehabilitation counselors, respectively, and N.J.A.C. 13:34-18.7 and 27.7, concerning the transfer or disposal of client records by professional and associate counselors, and rehabilitation counselors, respectively, are proposed to be readopted without change.

The rules in Subchapters 19 and 28 set forth general obligations of licensed professional counselors, associate counselors, and rehabilitation counselors, respectively. N.J.A.C. 13:34-19.1 and 28.1 require licensees to display a notice to clients advising them of the address where complaints can be made. The Board is proposing to amend N.J.A.C. 13:34-19.1 and 28.1 to update the Division and Committee's website addresses.

N.J.A.C. 13:34-19.2 and 28.2, which require licensees to notify the Committee concerning changes of address, N.J.A.C. 13:34-19.3 and 28.3, concerning sexual misconduct, and N.J.A.C. 13:34-19.4 and 28.4, concerning real estate arrangements are proposed for readoption without change.

N.J.A.C. 13:34-19.5, 19.6, 28.5, and 28.6 impose requirements for license renewal and reinstatement for professional counselors and associate counselors, and rehabilitation counselors, respectively. To implement P.L. 2013, c. 182 (N.J.S.A. 45:1-7.1 and 7.4), which revises the law concerning professional and occupational licenses, the Board proposes to repeal existing N.J.A.C. 13:34-19.5, 19.6, 28.5, and 28.6 and replace these sections with new N.J.A.C. 13:34-19.5, 19.6, 19.7, 28.5, 28.6, and 28.7. P.L. 2013, c. 182, which became effective on July 1, 2014, modifies the reinstatement and reactivation requirements for professional or occupational licensees.

Proposed new N.J.A.C. 13:34-19.5 and 28.5 set forth the requirements for licensure renewal. In accordance with N.J.S.A. 45:1-[page=2106] 7.1, the Board proposes including in subsection (a), the requirement that the notice of renewal inform licensees that they have the option to renew as inactive.

Proposed new N.J.A.C. 13:34-19.6 and 28.6, implementing P.L. 2013, c. 182, set forth the requirements for reactivating an inactive license. Proposed subsection (a) lists the documentation that a licensee who has placed his or her license on inactive status must provide to the Committee when applying for reactivation of his or her license. Proposed paragraph (a)4 provides that applicants who held a valid current license to engage in the practice of a professional counselor, associate counselor, or rehabilitation counselor, respectively, in another state while holding an inactive State license and met the other state's continuing education requirements will be deemed to have satisfied the Committee's continuing education requirements. The rule also provides that if the Committee requires specific continuing education courses, those courses can be completed within 12 months following reactivation. Proposed subsection (b) sets forth the criteria that the Committee shall consider when reviewing an application to determine practice deficiencies, and grants the Committee discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.

Proposed new N.J.A.C. 13:34-19.7 and 28.7 similarly set forth the requirements for reinstating an administratively suspended license. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Board to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Committee must consider when reviewing an application to determine practice deficiencies, and grants the Committee discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.

The rules in Subchapter 29 concern advertising of professional services by professional counselors, associate counselors, and rehabilitation counselors. N.J.A.C. 13:34-29.1, which set forth definitions for the terms used in the subchapter, N.J.A.C. 13:34-29.2, which establishes general requirements for advertisements, N.J.A.C. 13:34-29.3, which establishes minimum content requirements for licensee advertisements, N.J.A.C. 13:34-29.4, which establishes requirements for the use of professional credentials and certifications in advertisements, N.J.A.C. 13:34-29.5, which prohibits certain types or methods of advertising, and N.J.A.C. 13:34-29.6, which requires retention of advertisements, are proposed to be readopted without change.

The rules in Subchapter 30 concern professional conduct and business practices of professional counselors, associate counselors, and rehabilitation counselors. N.J.A.C. 13:34-30.1 concerns financial arrangements with clients. The Board proposes to amend N.J.A.C. 13:34-30.1 to delete subsection (d) because the Board believes that the provisions concerning financial arrangements with clients should apply to all licensees, irrespective of practice setting. N.J.A.C. 13:34-30.2, which imposes requirements with respect to clients receiving counseling services from another mental health professional, N.J.A.C. 13:34-30.3, concerning the provision of services to people who have a relationship, such as a husband and wife or a parent and child, N.J.A.C. 13:34-30.4, which concerns conflicts of interests and dual relationships, N.J.A.C. 13:34-30.5, concerning termination of services, and N.J.A.C. 13:34-30.6, which prohibits solicitations, unethical referrals and kickbacks, are proposed for readoption without change.

Subchapter 31 concerns the custody/parenting time evaluations and/or termination of parental rights evaluations. The Board is proposing that all rules in Subchapter 31 be readopted without change. N.J.A.C. 13:34-31.1 sets forth the purpose and scope of the subchapter. N.J.A.C. 13:34-31.2 sets forth the definitions for the subchapter. N.J.A.C. 13:34-31.3 sets forth the qualifications of professional counselors to perform custody/parenting time evaluations and/or termination of parental rights evaluations. N.J.A.C. 13:34-31.4 concerns the prohibition on acting in a dual relationship as a treating therapist and that of an evaluator or parenting coordinator. N.J.A.C. 13:34-31.5 concerns communications with the court, the parties, and their attorneys. N.J.A.C. 13:34-31.6 concerns required disclosures. N.J.A.C. 13:34-31.7 concerns fees charged for professional services. N.J.A.C. 13:34-31.8 concerns the professional counselor's written reports and recommendations.

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 the rules proposed for readoption with amendments, repeals, and new rules will have a positive impact upon members of the regulated community and will help to protect the health, safety, and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to provide marriage and family therapy, professional counseling, and rehabilitation counseling services. These rules establish the requisite standards for licensure in the State and positively affect the regulated community by clarifying the varied aspects of marriage and family therapy, professional counseling, and rehabilitation counseling practice.

The rules proposed for readoption with amendments, repeals, and new rules continue the accepted practice standards for licensees established by the Board, and by so doing, provide licensees and applicants for licensure a clear and comprehensive set of rules to guide them in their professional work. Applicants for licensure have benefited and will continue to benefit by having a set of rules that govern the manner in which they may qualify for licensure. The Board also believes that licensees will benefit from the rules proposed for readoption with amendments, repeals, and new rules that set forth uniform standards that will be applied throughout the marriage and family therapy, professional counseling, and rehabilitation counseling fields.

The Board believes that the rules proposed for readoption with amendments, repeals, and new rules will have a positive impact on the general public by safeguarding the public health and safety by maintaining appropriate practice standards, ensuring the highest quality service from licensees.

The Board believes that the proposed new rules at N.J.A.C. 13:34-1.11, 1.12, 19.6, 19.7, 28.6, and 28.7, implementing P.L. 2013, c. 182, will make it easier for licensees to resume, after a period of inactivation or administrative suspension, engaging in the practice of a marriage and family therapist, professional counselor, associate counselor, or a rehabilitation counselor, as applicable. The proposed new rules allow licensees to submit proof of compliance with another state's continuing education requirements and provide them with up to 12 months from the date of reactivation or reinstatement, as applicable, to take specific continuing education courses required by the Board or Committee, as applicable. In addition, proposed new N.J.A.C. 13:34-1.12, 19.7, and 28.7 no longer mandate retaking the licensing examination if the period of administrative suspension is for more than five years, but provides the Board and Committee, as applicable, the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.

The Board believes that proposed new N.J.A.C. 13:34-2.1(d) will provide applicants for licensure as a marriage and family therapist with a set of rules governing how much time they have to complete an application and/or to pass the required National Marriage and Family Therapy Examination before the Board will deem their application as abandoned and closed.

The Board believes that the proposed amendment to the definition of "qualified supervisor" at recodified N.J.A.C. 13:34-2.3 will benefit the public and applicants for licensure as a marriage and family therapist by establishing a minimum standard of training, educational background, proficiency, and competency to ensure the quality of supervision provided by these individuals.

The Board believes that the proposed readoption of Subchapter 9A and 31 will continue to have a positive social impact upon the public by ensuring that licensed marriage and family therapists and licensed professional counselors who perform custody/parenting time and termination of parental rights evaluations are qualified to provide these services, and by clarifying their obligations and responsibilities when performing these evaluations.

[page=2107] The Board believes that the proposed amendments to N.J.A.C. 13:34-11.3(b) will have a positive social impact on applicants for licensure as a professional counselor by providing them with rules to calculate when the period of the time for satisfying the supervised experiential requirements for licensure commences.

The Board believes that the proposed amendments to N.J.A.C. 13:34-13.2 and 23.2 will have a positive social impact by making it easier for clients to pay for professional services when the supervisor or a representative of the employing entity is not present. In addition, the Board believes that the proposed amendment to N.J.A.C. 13:34-13.2 will have a positive social impact on licensed associate counselors and the public by providing clear guidance regarding the advertising of professional services by a licensed associate counselor.

The Board believes that the proposed amendments to N.J.A.C. 13:34-14.1 and 14.2, and proposed new N.J.A.C. 13:34-15.1(d), concerning specialty certifications will have a positive social impact on licensed professional counselors. The proposed amendments eliminate redundancy and provide clarity that the Committee is not involved in the approval of specialty certifications and instead recognizes the designation offered by NBCC.

The Board believes that proposed amendments to N.J.A.C. 13:34-18.1(h) will have a positive social impact on licensees and their patients by establishing procedures for patients to be notified of a licensee's relocation, retirement, termination from practice, death, or separation from a group practice, and the process for obtaining their records in such circumstances.

Economic Impact

The Board anticipates that the rules proposed for readoption with amendments, repeals, and new rules will not impose any significant new costs upon applicants for licensure, licensees, or consumers. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past seven years.

Specifically, the proposed readoption of the fee schedules established in N.J.A.C. 13:34-1.1, 17.1, and 26.1 will continue to have an economic impact on applicants for licensure as marriage and family therapists, professional and associate counselors, and rehabilitation counselors, to the extent that applicants will be required to remit the application fees set forth in the rules. In addition, the proposed readoption of the fee schedules in N.J.A.C. 13:34-1.1, 17.1, and 26.1 will have an economic impact upon licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to the extent that they must remit initial licensure and biennial licensure renewal fees as provided in the rules.

The proposed readoption of N.J.A.C. 13:34-1.8, 1.9, 19.2, and 28.2, with amendments, may have an economic impact upon licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to the extent that licensees may incur costs associated with submitting the required documentation associated with changing their name and/or address.

The Board believes that proposed new N.J.A.C. 13:34-1.10, 19.5, and 28.5 may have an economic impact upon licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to the extent that licensees who fail to comply with the renewal requirements set forth in the rules will be required to remit late fees. Proposed new N.J.A.C. 13:34-1.11, 1.12, 19.6, 19.7, 28.6, and 28.7 may continue to have an economic impact on licensees to the extent that licensees may incur costs associated with submitting the documentation and fees required for reactivating or reinstating an inactive license, and to the extent the Board or Committee, as applicable, deems them in need of remediation and they are required to pass an examination or complete additional education or training. The Board also believes that these proposed new rules may have a positive economic impact upon licensees seeking to reactivate or reinstate their license. Accepting continuing education requirements of another state may save licensees the costs associated with completing the Board or Committee's, as applicable, continuing education requirements. Proposed new N.J.A.C. 13:34-1.12, 19.7, and 28.7 may also have a positive economic impact upon licensees seeking reinstatement because, in accordance with P.L. 2013, c. 182, they are no longer required to pay all past delinquent renewal fees, but only the one for the biennial period immediately preceding the renewal period for which reinstatement is sought.

The proposed readoption of the application requirements set forth in recodified Subchapters 2 and 3, for marriage and family therapists and temporary permit holders, in Subchapters 11 and 13, for professional and associate counselors, and in Subchapter 21, for rehabilitation counselors, may continue to have an economic impact on applicants for licensure, to the extent that applicants may incur costs associated with obtaining the required education and experience, passing the required licensure examination, and submitting the required documentation to substantiate satisfaction of the requirements in the rules. In addition, applicants for licensure may incur costs associated with submitting their fingerprints for the required criminal history records check.

The proposed readoption with amendments of recodified N.J.A.C. 13:34-2.1, 11.7, and 21.5 may have an economic impact upon applicants for licensure as a marriage and family therapist, professional counselor, associate counselor, or rehabilitation counselor to the extent applicants who abandon their application and reapply must submit new fees and may incur additional costs to comply with the application process. The proposed readoption of recodified N.J.A.C. 13:34-2.4 and existing N.J.A.C. 13:34-12.1 may continue to have an economic impact upon applicants for licensure as marriage and family therapists, professional counselors, and associate counselors who are licensed in other states. Such applicants may incur costs associated with submitting documentation to substantiate satisfaction of the requirements set forth in the rules and in submitting required application and licensure fees.

The proposed readoption of recodified N.J.A.C. 13:34-3.2, and existing N.J.A.C. 13:34-13.1 and 23.1 may continue to have an economic impact upon applicants for licensure to the extent that marriage and family therapy temporary permit holders, associate counselors, and rehabilitation counselor supervisees completing their supervised experience requirements may incur costs associated with submitting required documentation to the Board. The rules may also continue to have an economic impact upon qualified supervisors, to the extent that they may incur administrative costs associated with providing the requisite supervision and in submitting documentation to the Board.

The proposed readoption with amendments of the continuing education requirements set forth in recodified Subchapter 5, and existing Subchapters 15 and 24 may continue to have an economic impact upon licensed marriage and family therapists, professional counselors, and rehabilitation counselors to the extent that licensees must obtain the required number of contact hours for each biennial renewal period. Licensees may also incur costs associated with maintaining continuing education documentation as required under the rules. The Board believes that the proposed amendment to recodified N.J.A.C. 13:34-5.2 will have a positive economic impact on newly licensed marriage and family therapists, as they will not need to obtain continuing education contact hours during the first two years of licensure.

The proposed readoption of the rules with amendments in Subchapter 6, recodified Subchapter 7, and Subchapters 19, 28, and 30 may have an economic impact upon licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to the extent that failure to comply with the professional practice standards set forth in the rules, with respect to professional interactions with clients, may be deemed professional misconduct and may subject a licensee to monetary penalties.

The proposed readoption with amendments of the rules in Subchapters 8, 18, and 27 may continue to have an economic impact upon licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to the extent that licensees may incur administrative costs associated with preparing and maintaining client records consistent with the requirements set forth in the rules.

The proposed readoption of the advertising requirements set forth in recodified Subchapter 9 and Subchapter 29 may have an economic impact on licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to the extent that licensees incur costs associated with ensuring that all [page=2108] advertisements comport with the requirements in the rules and in maintaining advertisements for the mandated period of time.

The proposed readoption of Subchapters 9A and 31 may continue to have an economic impact upon licensed marriage and family therapists and licensed professional counselors who wish to perform custody/parenting time and termination of parental rights evaluations to the extent these licensees incur costs to obtain the education, training, and/or supervised work experience that are a prerequisite for performing the evaluations under the rules. Any costs of compliance to licensees who choose to perform evaluations may be reflected in the fees charged to clients.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments, repeals, and new rules are governed by N.J.S.A. 45:8B-1 et seq., and are not subject to any Federal requirements or standards. Although the rules in N.J.A.C. 13:34 are not subject to any Federal requirements or standards, where deemed appropriate, the Board has voluntarily required licensees to comply with applicable Federal laws and regulations. Specifically, recodified N.J.A.C. 13:34-7.1 provides that failure to comply with Federal laws related to the practice of marriage and family therapy will be deemed professional misconduct. N.J.A.C. 13:34-8.3, 18.5, and 27.5 require licensed marriage and family therapists, professional counselors, associate counselors, and rehabilitation counselors to preserve the confidentiality of information obtained from a client in the course of professional treatment unless disclosure is required by Federal law. N.J.A.C. 13:34-18.4 and 27.4 require a professional counselor, associate counselor, or a rehabilitation counselor whose client has explicitly waived the counselor-client confidentiality privilege to release client information to a third-party payor whose benefit plan is qualified under the Federal Employee Retirement Income Security Act (ERISA). N.J.A.C. 13:34-9A.5 and 31.6 require licensees to provide parties with information concerning the limits of confidentiality, including confidentiality limitations with respect to alcohol and drug abuse patient information imposed pursuant to 42 CFR Part 2.

Job Impact

The Board does not anticipate that the rules proposed for readoption with amendments, repeals, and new rules will result in an increase or decrease in the number of jobs in the State.

Agriculture Industry Impact

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 575 marriage and family therapists, 3,690 professional counselors, 1,755 associate counselors, and 115 rehabilitation counselors. If these licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The proposed readoption of the rules in Chapter 34 will impose various reporting, recordkeeping, and compliance requirements upon licensees. Specifically, all licensees are required to display their licensure status in their offices and to provide clients with certain notices concerning how to file a complaint against a licensee pursuant to N.J.A.C. 13:34-1.6, 19.1, and 28.1. All licensees must notify the Board of any changes of address or name pursuant to N.J.A.C. 13:34-1.8, 1.9, 19.2, and 28.2.

All licensees must comply with the requirements for license renewal set forth in N.J.A.C. 13:34-1.10, 19.5, and 28.5. N.J.A.C. 13:34-1.11, 19.6, and 28.6 impose various compliance requirements on licensees with respect to reactivation of an inactive license. N.J.A.C. 13:34-1.12, 19.7, and 28.7 impose various compliance requirements on licensees with respect to reinstatement of a suspended license.

Recodified N.J.A.C. 13:34-2.1, 2.2, 2.3, 2.5, and 3.2 impose compliance requirements upon applicants for licensure as marriage and family therapists and temporary permit holders. N.J.A.C. 13:34-11.2, 11.3, 11.4, 11.5, 11.6, 11.8, and 11.9 impose compliance requirements upon applicants for licensure as professional counselors and associate counselors. N.J.A.C. 13:34-21.2, 21.3, 21.6, and 24.4 impose compliance requirements upon applicants for licensure as rehabilitation counselors. All applicants for licensure must submit the documentation substantiating satisfaction of the education, experience, and examination requirements of the rules to qualify for licensure.

Recodified N.J.A.C. 13:34-3.3 and 3.4, and existing N.J.A.C. 13:34-13.1 through 13.3, and 23.1 through 23.3 impose compliance and recordkeeping requirements on qualified supervisors to the extent the rules require supervisors to submit certain documentation to the Board verifying the supervision and to ensure an appropriate level of supervision consistent with the standards delineated in the rules.

The rules in recodified Subchapter 5 and existing Subchapters 15 and 24 require licensees to complete a minimum number of continuing education contact hours in each biennial renewal period. The rules also impose compliance requirements upon licensees to the extent that they must obtain continuing education contact hours consistent with the standards established in the rules. The rules impose recordkeeping requirements upon licensees to the extent that the rules establish the documentation a licensee must retain for continuing education credit. In addition, the rules impose compliance and recordkeeping requirements upon licensees seeking a waiver of continuing education requirements. Such licensees are required to submit the request in writing and must specify the reasons for the requested waiver.

The rules in recodified Subchapter 7 and existing Subchapters 6 and 30 impose various compliance requirements upon licensees to the extent that the rules require licensees to adhere to specified standards of practice in their interactions with clients, prohibit them from engaging in certain activities, and require them to notify the Board of misconduct.

The rules in Subchapters 8, 18, and 27 impose recordkeeping and compliance requirements upon licensees with respect to how a client record is to be prepared and maintained. The rules also impose compliance requirements upon licensees to the extent that the rules require licensees to provide access to client records and to ensure client information is kept confidential.

The rules in recodified Subchapter 9 and existing Subchapter 29 impose compliance and recordkeeping requirements upon licensees that advertise their professional services. Advertisements must comply with the content requirements set forth in the rules and all advertisements must be retained consistent with the record retention requirements set forth in the rules.

The rules in Subchapters 9A and 31 impose various reporting, recordkeeping, and compliance requirements upon licensed marriage and family therapists and licensed professional counselors who wish to provide custody/parenting time evaluations and/or termination of parental rights evaluations.

The proposed amendments to the rules in Chapter 34 and the proposed new rules will impose various recordkeeping and compliance requirements on licensees. These requirements are discussed in the Summary above.

No additional professional services will be needed to comply with the rules proposed for readoption with amendments, repeals, and new rules. The costs of compliance with the rules proposed for readoption with amendments, repeals, and new rules are discussed in the Economic Impact statement above. The Board believes that the rules proposed for readoption with amendments, repeals, and new rules should be uniformly applied to all licensees in order to ensure the health, safety, and welfare of New Jersey consumers who seek marriage and family therapy, professional counseling, and rehabilitation counseling services. Therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.

Housing Affordability Impact Analysis

The rules proposed for readoption with amendments, repeals, and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption with amendments, repeals, and new rules concern the provision of marriage and family therapy, professional counseling, and rehabilitation counseling services.

[page=2109]

Smart Growth Development Impact Analysis/b>

The rules proposed for readoption with amendments, repeals, and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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 rules proposed for readoption with amendments, repeals, and new rules concern the provision of marriage and family therapy, professional counseling, and rehabilitation counseling services.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:34.

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:34-1.10, 1.11, 14.2, 15.3, 19.5, 19.6, 28.5, and 28.6.

Full text of the proposed amendments and new rules follows: (additions indicated in boldface thus; deletions from indicated in brackets [thus]):

SUBCHAPTER 1. GENERAL PROVISIONS

13:34-1.3 Office location

The offices of the Board shall be at 124 Halsey Street, Newark, New Jersey 07101. The mailing address of the Board is PO Box 45007, Newark, New Jersey 07101. The website of the Board is [www.state.nj.us/lps/ca/medical/familytherapy.htm] www.njconsumeraffairs.gov/mft.

13:34-1.4 License lists

A current list of licensed New Jersey Marriage and Family Therapists shall be maintained and made available at the Board's office and on the Board's website at [www.state.nj.us/lps/ca/medical/familytherapy.htm] www.njconsumeraffairs.gov/pages/verification.aspx.

13:34-1.5 Applications

Application forms and information regarding licensure of practicing marriage and family therapists may be obtained from the State Board of Marriage and Family Therapy Examiners, PO Box 45007, 124 Halsey Street, Newark, New Jersey 07101 and on the Board's website at [www.state.nj.us/lps/ca/medical/familytherapy.htm] www.njconsumeraffairs.gov/mft/pages/applications.aspx.

13:34-1.6 Licensee to display notice

Every licensee shall prominently display in a conspicuous location in his or her office the following notice:

(Name of individual) is licensed by the State Board of Marriage and Family Therapy Examiners, an agency of the New Jersey Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which this practice is conducted should notice the State Board of Marriage and Family Therapy Examiners, PO Box 45007, 124 Halsey Street, Newark, New Jersey 07101, [www.state.nj.us/lps/ca/medical/familytherapy.htm] www.njconsumeraffairs.gov/mft/, or the New Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101, [www.state.nj.us/lps/ca/comp.htm] www.njconsumeraffairs.gov/.

13:34-1.10 License renewal

(a) The Board 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 Board, along with the renewal fee set forth in N.J.A.C. 13:34-1.1, 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 marriage and family therapy, or hold herself or himself out as eligible to engage in the practice of marriage and family therapy, 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. 13:34-1.1. 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 marriage and family therapy with a suspended license shall be deemed to be engaging in the unauthorized practice of marriage and family therapy 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.

13:34-1.11 License reactivation

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:34-1.10(c) may apply to the Board 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. 13:34-1.1.

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. 13:34-1.1.

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. 13:34-1.1; 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. 13:34-5.1 and 5.2.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of marriage and family therapy 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 reactivation is sought, the Board will allow applicants to take the courses within 12 months following reactivation.

(b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board 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 Board prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Board 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 Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's [page=2110] completion of the training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board 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 marriage and family therapy 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 marriage and family therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:34-1.12 License reinstatement

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:34-1.10(e) may apply to the Board 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. 13:34-1.1; 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. 13:34-5.1 and 5.2.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of marriage therapy 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 Board will allow applicants to take the courses within 12 months following reinstatement.

(b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board 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 Board prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Board 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 Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board 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 marriage and family therapy 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 marriage and family therapy or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

(Agency Note: N.J.A.C. 13:34-2 is proposed for recodification as N.J.A.C. 13:34-7.)

SUBCHAPTER [4.] 2. REQUIREMENTS FOR LICENSURE; APPLICATION PROCEDURES

13:34-[4.1]2.1 Requirements for licensure; licensure procedure

(a) An applicant for licensure as a practicing marriage and family therapist shall satisfy the following requirements:

1.-4. (No change.)

5. The applicant shall have satisfied the educational requirements set forth in N.J.A.C. 13:34-[4.2]2.2. An official transcript documenting satisfaction of the educational requirements shall be sent to the Board directly from the accredited institution and shall indicate the degree awarded, the applicant's field of study and the specific courses completed toward the degree;

6. The applicant shall have satisfied the experience requirements set forth in N.J.A.C. 13:34-[4.3]2.3. The applicant shall submit documentation of required clinical supervision to the Board;

7. The applicant shall submit [his or her fingerprints and written consent for a criminal history record background check to be performed pursuant to N.J.S.A. 49:3-56(p) to determine whether criminal history record information exists, which may be considered by the Board in determining whether the applicant shall be licensed in the State] a Certification and Authorization Form for a Criminal History Background Check; and

8. (No change.)

(b)-(c) (No change.)

(d) 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 Board; or

2. The applicant fails to sit for or pass the National Marriage and Family Therapy Examination within 12 months or any 12-month period thereafter upon written notification of eligibility to take the examination.

(e) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application and shall comply with the requirements of (a) above.

13:34-[4.2]2.2 (No change in text.)

13:34-[4.3]2.3 Experiential requirements for licensure

(a) The following words and terms as used in this section and N.J.A.C. 13:34-[5]3, shall have the following meanings, unless the context clearly indicates otherwise.

. . .

"Marriage and family therapy experience" means the rendering of professional marriage and family therapy services under supervision to individuals, couples and families, [singly] individually or in groups, whether in the general public or in organizations, whether public or private.

[page=2111] . . .

"Qualified supervisor" means an individual who has no less than five full-time years of professional marriage and family therapy practice experience or the equivalent and has either:

1. (No change.)

2. [Obtained] A New Jersey license to practice and is acting within the scope of the person's profession or occupation and obtained from an accredited institution a minimum of:

i.-iv. (No change.)

(b) An applicant for licensure as a marriage and family therapist shall submit to the Board documentation, on a form provided by the Board, establishing that the applicant has completed a minimum of two calendar years of supervised marriage and family therapy experience and one calendar year of counseling experience, which may be in marriage and family therapy, as set forth below:

1. Supervised marriage and family therapy experience for each calendar year shall consist of:

i.-ii. (No change.)

iii. A maximum of 300 hours of other work-related activities, such as preparing and maintaining client records as described in N.J.A.C. 13:34-8, report writing, maintaining appointment schedules, communicating with other professionals, preparing for supervision, preparing and maintaining financial records in accordance with N.J.A.C. 13:34-[5.4]3.4 and 6.1, [and] any other activities the qualified supervisor deems appropriate, and any other activities deemed appropriate by the Board as set forth on the documentation of supervision forms required in N.J.A.C. 13:34-3.3(e) and available on the Board's website at www.njconsumeraffairs.gov/pages/verification.aspx; and

2. (No change.)

(c)-(d) (No change.)

13:34-[4.4]2.4 (No change in text.)

13:34-[4.5]2.5 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-[4.2]2.2 and [4.3]2.3 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board 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 to the applicant, if the applicant presents evidence to the Board that:

1. (No change.)

2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside 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-[4.2]2.2 and [4.3]2.3.

i. (No change.)

ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree in marriage and family therapy or a master's degree in social work or a graduate degree in a related field from a regionally accredited institution which provides the training and course work described in N.J.A.C. 13:34-[4.2]2.2, shall submit to the Board 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 intent to the educational requirements described and required for licensure under N.J.A.C. 13:34-[4.2]2.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

iii. An applicant seeking credit for education courses completed while in the military who does not hold a post graduate degree recognized by the Board which includes the course work required in N.J.A.C. 13:34-[4.2(b)]2.2(b), or who has not completed a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, shall submit to the Board a Joint Services Transcript of his or her education, for a determination that the education courses completed are substantially equivalent in level, scope, and intent to a post graduate degree or a program of training and course work, as described and required for licensure under N.J.A.C. 13:34-[4.2]2.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy 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 National Marriage and Family Therapy Examination administered by the Association of Marital and Family Therapy Regulatory Boards or its successor as set forth in N.J.A.C. 13:34-[4.1]2.1.

(c) (No change.)

(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 Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34-[4.2]2.2 and [4.3]2.3 for the issuance of the license.

(e) (No change.)

(f) An applicant who meets the educational requirements set forth in N.J.A.C. 13:34-[4.2]2.2 and does not meet the experience requirements set forth in N.J.A.C. 13:34-[4.3]2.3 may be eligible to apply for a temporary permit in accordance with N.J.A.C. 13:34-[5.2]3.2.

SUBCHAPTER [5.] 3. TEMPORARY PERMIT HOLDERS AND QUALIFIED SUPERVISORS

13:34-[5.1]3.1 Definitions

Definitions of words and terms as used in this subchapter are set forth at N.J.A.C. 13:34-[4.3(a)]2.3(a).

13:34-[5.2]3.2 Temporary permit application procedure

(a) Pursuant to N.J.S.A. 45:8B-6(e) and 18(a), prior to the Board's approval of a three-year temporary permit, the applicant shall satisfy the following requirements:

1. (No change.)

2. The applicant shall have satisfied the educational requirements set forth in N.J.A.C. 13:34-[4.2]2.2. An official transcript documenting satisfaction of the educational requirements shall be sent to the Board directly from the accredited institution and shall indicate the degree awarded, the applicant's field of study and the specific courses completed toward the degree;

3. (No change.)

4. The applicant shall submit the supervisor's resume or curriculum vitae, which shall document that the supervisor has no less than five full-time years of professional marriage and family therapy practice experience or the equivalent and holds either a current, active New Jersey license to practice as a marriage and family therapist or has satisfied the educational requirements set forth in N.J.A.C. 13:34-[4.3]2.3;

5.-6. (No change.)

13:34-[5.3]3.3 Responsibilities of qualified supervisors

(a)-(e) (No change.)

(f) A qualified supervisor shall not supervise a permit holder with whom the qualified supervisor has a relationship that may compromise the objectivity of or impair the professional judgment of, the qualified supervisor. Examples of inappropriate supervisory relationships include, but are not limited to, tenants, current and former clients, relatives, spouses, current students, or close friends.

(g) (No change.)

[page=2112] (h) A qualified supervisor whose license is subject to any pending disciplinary action or has been actively suspended or revoked by any licensing board shall immediately notify this Board.

(i) (No change.)

Recodify existing N.J.A.C. 13:34-5.4, 5.5, 5.6, and 5.7 as 3.4, 3.5, 3.6, and 3.7 (No change in text.)

SUBCHAPTER [3.] 4. UNLICENSED PERSONS-PERMISSIBLE ACTIVITIES

Recodify existing N.J.A.C. 13:34-3.1 and 3.2 as 4.1 and 4.2 (No change in text.)

13:34-[3.3]4.3 Supervision of employees and interns

(a)-(b) (No change.)

(c) Persons approved by the Board to supervise individuals in employee and intern status are required to exercise appropriate supervision over those persons in accordance with the requirements for supervised experience of candidates as detailed in N.J.A.C. 13:34-[4.3]2.3.

(d) (No change.)

Recodify existing N.J.A.C. 13:34-3.4, 3.5, 3.6, and 3.7 as 4.4, 4.5, 4.6, and 4.7 (No change in text.)

(Agency Note: N.J.A.C. 13:34-4 and 5 are proposed for recodification with amendments as N.J.A.C. 13:34-2 and 3.)

SUBCHAPTER [9.] 5. CONTINUING EDUCATION

Recodify existing N.J.A.C. 13:34-9.1 as 5.1 (No change in text.)

13:34-[9.2]5.2 Contact hour requirement for licensed marriage and family therapists

(a) A marriage and family therapist shall not be required to obtain continuing education contact hours during the period of initial licensure prior to the marriage and family therapist's first biennial renewal period, but shall be subject to the requirements of N.J.A.C. 13:34-5.1 for all subsequent biennial renewal periods.

[(a)] (b) (No change in text.)

[(b)] (c) A licensee shall complete at least five of the 40 contact hours of continuing education as required by N.J.A.C. 13:34-[9.1]5.1 in ethical and legal standards related to marriage and family therapy, regardless of the number of hours accrued during the biennial period.

[(c)] (d) A licensee shall complete at least three of the 40 contact hours of continuing education as required by N.J.A.C. 13:34-[9.1]5.1 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.-6. (No change.)

[(d) Beginning July 1, 2008, the three contact hours of continuing education 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 and legal standards as set forth in (b) above.]

(e) (No change.)

13:34-[9.3]5.3 Approval of continuing education programs and courses

(a)-(b) (No change.)

(c) The following are acceptable content areas for continuing education:

1.-10. (No change.)

11. Social and cultural foundations which provide a broad understanding of societal changes and trends, human roles, societal subgroups, social mores and interaction patterns, social policy, multi-cultural and pluralistic trends, differing lifestyles, and major societal concerns [including discrimination, domestic violence, person abuse, stress, substance abuse], and methods of alleviating these concerns; and

12. (No change.)

(d) (No change.)

13:34-[9.4]5.4 Contact hour calculations

(a) (No change.)

(b) A licensee shall complete and be able to verify completion of a continuing education course, program or article as set forth in N.J.A.C. 13:34-[9.3]5.3 in order to receive continuing education credit. The Board shall grant continuing education credit to a licensee in each biennial renewal period as follows:

1. Completing graduate or post-graduate coursework at a regionally accredited institution of higher education: 15 contact hours of continuing education for each semester course credit awarded beyond the required educational standards which an applicant must complete for licensure as set forth in N.J.S.A. 45:8B-18 and N.J.A.C. 13:34-[4.2]2.2;

2.-7. (No change.)

13:34-[9.5]5.5 Documentation of continuing education credit

(a)-(b) (No change.)

(c) A licensee shall verify continuing education activities by retaining the following:

1.-2. (No change.)

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-[9.4(b)2]5.4(b)2;

4.-5. (No change.)

(d)-(e) (No change.)

13:34-[9.6]5.6 (No change in text.)

SUBCHAPTER 6. GENERAL OBLIGATIONS OF A LICENSEE

13:34-6.3 Termination of service

(a)-(c) (No change.)

(d) A licensee who intends to cease to engage in practice or anticipates that he or she will remain out-of-practice for more than three months shall comply with the requirements set forth in N.J.A.C. 13:34-[2.1(a)3ii]7.1(a)3ii.

(Agency Note: N.J.A.C. 13:34-7 is proposed for recodification with amendments as N.J.A.C. 13:34-9.)

SUBCHAPTER [2.] 7. (NO CHANGE IN TEXT.)

SUBCHAPTER 8. CLIENT RECORDS; CONFIDENTIALITY

13:34-8.1 Preparation and maintenance of client records

(a) (No change.)

(b) The licensee shall include at least the following information in the client record:

1.-10. (No change.)

11. Information regarding referrals to other professionals and reports and records provided by other professionals; [and]

12. Fees charged and paid unless a separate financial record is kept[.]; and

13. A summary of the termination of services, in accordance with N.J.A.C. 13:34-6.3, including, but not limited to: the reason for termination of service, a summary of the information provided and topics discussed during the process of terminating services, the review of the treatment plan, follow-up and transitional services, communication with client about termination of services, and, as applicable, communication with other mental health professionals associated with the coordination of treatment.

(c)-(d) (No change.)

(Agency Note: N.J.A.C. 13:34-9 is proposed for recodification with amendments as N.J.A.C. 13:34-5.)

SUBCHAPTER [7.] 9. ADVERTISING

Recodify existing N.J.A.C. 13:34-7.1, 7.2, and 7.3 as 9.1, 9.2, and 9.3 (No change in text.)

[page=2113] 13:34-[7.4]9.4 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. 13:34-[7.3]9.3, letters or abbreviations that may appear immediately following the licensee's name shall be limited to the following:

1.-3. (No change.)

(e)-(f) (No change.)

Recodify existing N.J.A.C. 13:34-7.5, 7.6, and 7.7 as 9.5, 9.6, and 9.7 (No change in text.)

13:34-[7.8]9.8 Retention of advertisements

(a) (No change.)

(b) Documentation related to the use of testimonials shall be retained for a period of three years from the date of the last use of the testimonial. Documentation shall include:

1.-2. (No change.)

3. The notarized statement and release required pursuant to N.J.A.C. 13:34-[7.7(b)]9.7(b).

SUBCHAPTER 9A. CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS

13:34-9A.2 Qualifications

(a)-(b) (No change.)

(c) Applicants for licensure who hold a temporary permit pursuant to N.J.A.C. 13:34-[5]3 or interns shall not perform any part of custody/parenting time evaluations and/or termination of parental rights evaluations.

(d)-(e) (No change.)

SUBCHAPTER 10. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE

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. (No change.)

2. Clinically assess and evaluate, using currently accepted diagnostic classifications including, but not limited to, the DSM-IV, 4th ed., c1994, 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;

3. Conduct assessments and evaluations, within the scope of practice, for the purpose of establishing goals and objectives; and

4. (No change.)

. . .

SUBCHAPTER 11. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS

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.-2. (No change.)

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. (No change.)

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)-(8) (No change.)

(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. (No change.)

2. Had obtained [program] 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) (No change.)

13:34-11.3 Professional counselor: experience requirements

(a) (No change.)

(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.

13:34-11.5 Associate counselor: application and educational requirements

(a) An applicant for licensure as an associate counselor shall submit to the Committee:

1.-2. (No change.)

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. (No change.)

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)-(8) (No change.)

(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 [page=2114] 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. (No change.)

2. Had obtained [program] 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) (No change)

13:34-11.7 Payment of licensing fee; abandonment of application

(a) An applicant for licensure shall submit the licensing fee set forth in N.J.A.C. 13:34-17.1 upon receipt of notification from the Committee that his or her application for licensure has been approved. [Failure to submit the licensing fee within six months following the date of notification from the Committee shall result in the application for licensure being deemed abandoned.]

(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.

[(b)] (c) An [applicant for licensure whose] application [has been deemed abandoned pursuant to (a) above shall submit a new application for licensure to the Committee] 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.

SUBCHAPTER 13. ASSOCIATE COUNSELORS: SUPERVISION

13:34-13.2 Responsibilities of licensed associate counselors

(a)-(c) (No change.)

(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 [shall not] 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.

SUBCHAPTER 14. PROFESSIONAL COUNSELOR SPECIALTY DESIGNATIONS

13:34-14.1 Specialty designations

(a) A licensed professional counselor may utilize a professional specialty designation provided that the licensee[:

1. Is certified in one of the following specialties by the NBCC or any successor:

i. Clinical mental health counselor pursuant to the requirements set forth in N.J.A.C. 13:34-14.2;

ii. Career counselor;

iii. Gerontological counselor;

iv. School counselor; or

v. Master addictions counselor; and

2. Has satisfied the Committee that he or she has met the recognized minimum standards of the NBCC] holds a current NBCC specialty certification.

(b)A qualified professional counselor who [the Committee determines satisfies the requirements of (a) above] 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) (No change.)

[(d) The Committee may approve other specialty designations through the rulemaking process. Consistent with the requirements for use of the designations outlined above in this subchapter, any additional approved specialty designations must meet nationally accepted standards as established by the NBCC.]

SUBCHAPTER 15. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CONTINUING EDUCATION

13:34-15.1 License renewal and continuing education requirement

(a) (No change.)

(b) [For the biennial renewal period beginning December 1, 2008, and for all subsequent biennial renewal periods thereafter, an] 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.

13:34-15.2 Contact-hour requirements for licensed professional counselors

(a)-(c) (No change.)

[(d) Beginning December 1, 2008, the three contact hours of continuing education 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 and legal standards as set forth in (b) above.]

(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)(No change.)

SUBCHAPTER 18. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

13:34-18.1 Preparation and maintenance of client records

(a)-(g) (No change.)

(h) The licensee shall establish reasonable procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement [or], termination from practice, death, or separation from a group practice, and shall establish reasonable procedures to assure the preservation of client records [in the event of the licensee's separation from a group practice.] 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)(No change.)

13:34-18.2 Use of personal or other computer to prepare client records

(a)-(d) (No change.)

[(e) A licensee wishing to continue a system of computerized client records which does not meet the requirements of this section shall initiate arrangements for modification of the system, which must be completed by February 17, 2000. In the interim, the licensee shall, on the date of the first treatment of each client subsequent to February 17, 2000, print out a hard copy of the entire computer recorded client record. The printout shall be dated and initialled by the licensee. Thereafter, a hard copy shall be prepared for each subsequent visit, continuing to the date of the change over of computer program, with each page initialled by the licensee. The initial printout and the subsequent hard copies shall be retained as a permanent part of the client record.]

[page=2115] SUBCHAPTER 19. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: GENERAL OBLIGATIONS 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.state.nj.us/lps/ca/medical/procounsel.htm] www.njconsumeraffairs.gov/pc, or the New Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101, [www.state.nj.us/lps/ca/comp.htm] www.njconsumeraffairs.gov.

2. (No change)

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.

(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.

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;

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;

[page=2116] 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.

(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.

SUBCHAPTER 21. REHABILITATION COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS

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.-2. (No change.)

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.-xi. (No change.)

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; [and]

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) [On or after October 5, 2012, in] 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.

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. [Failure to submit the licensing fee within six months following the date of notification from the Committee shall result in the application for licensure being deemed abandoned.]

(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.

[(b)] (c) An [applicant for licensure whose] application [has been deemed abandoned pursuant to (a) above shall submit a new application for licensure to the Committee] 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.

SUBCHAPTER 23. REHABILITATION COUNSELORS: SUPERVISION

13:34-23.2 Responsibilities of supervisee

(a)-(c) (No change.)

(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)(No change.)

SUBCHAPTER 24. REHABILITATION COUNSELORS: CONTINUING EDUCATION

13:34-24.2 Contact-hour requirements for licensed rehabilitation counselors

(a)-(c) (No change.)

[page=2117] [(d) Beginning December 1, 2008, the three contact hours of continuing education 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 and legal standards as set forth in (b) above.]

[(e)] (d) (No change in text.)

SUBCHAPTER 27. REHABILITATION COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

13:34-27.1 Preparation and maintenance of client records

(a)-(g) (No change.)

(h) The licensee shall establish reasonable procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement [or], termination from practice, death, or separation from a group practice, and shall establish reasonable procedures to assure the preservation of client records [in the event of the licensee's separation from a group practice.] 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) (No change.)

13:34-27.2 Use of personal or other computer to prepare client records

(a)-(d) (No change.)

[(e) A licensee wishing to continue a system of computerized client records which does not meet the requirements of this section shall initiate arrangements for modification of the system, which must be completed by February 17, 2000. In the interim, the licensee shall, on the date of the first treatment of each client subsequent to February 17, 2000 print out a hard copy of the entire computer recorded client record. The printout shall be dated and initialed by the licensee. Thereafter, a hard copy shall be prepared for each subsequent visit, continuing to the date of the changeover of computer program, with each page initialed by the licensee. The initial printout and the subsequent hard copies shall be retained as a permanent part of the client record.]

SUBCHAPTER 28. REHABILITATION COUNSELORS: GENERAL OBLIGATIONS 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.state.nj.us/lps/ca/medical/procounsel.htm] www.njconsumeraffairs.gov/pc, or the New Jersey Division of Consumer Affairs, PO Box 45027, 124 Halsey Street, Newark, New Jersey 07101, [www.state.nj.us/lps/ca/comp.htm] www.njconsumeraffairs.gov.

2. (No change.)

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.

(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

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 [page=2118] 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 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.

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.

SUBCHAPTER 30.  PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND REHABILITATION COUNSELORS: BUSINESS PRACTICES; PROFESSIONAL CONDUCT
 
13:34-30.1    Financial arrangements with clients
 
(a)-(c) (No change.)
 
[(d) The provisions of this section shall not apply to a counselor in an agency setting.]