Rule Proposal

VOLUME 47, ISSUE 18
September 21, 2015

Rule Proposals

Law and Public Safety
Division of Consumer Affairs

State Board of Marriage and Family Therapy Examiners
Professional Counselor Examiners Committee

Proposed Amendments: N.J.A.C. 13:34-11.2, 11.5, 12.1, and 17.1

Professional Counselor: Application and Educational Requirements; Associate Counselor: Application and Educational Requirements; Licensure by Endorsement; Fees
 
Authorized By: State Board of Marriage and Family Therapy Examiners, Milagros Collazo, Executive Director.
 
Authority: N.J.S.A. 45:8B-13 and 35.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2015-119.
 
Submit written comments by November 20, 2015, to:
 
   Milagros Collazo, Executive Director
   State Board of Marriage and Family Therapy Examiners
   PO Box 45007
   124 Halsey Street
   Newark, NJ 07101
  
The agency proposal follows:
 
Summary

The State Board of Marriage and Family Therapy Examiners (Board), through its Professional Counselor Examiners Committee (Committee), is proposing amendments to rules governing education requirements for professional counselors and associate counselors, licensure by endorsement, and fees.

N.J.A.C. 13:34-11.2, 11.5, and 12.1 establish requirements for obtaining a license as a professional counselor or an associate counselor. These rules require that an applicant's master's degree or doctorate in counseling include the word "Counseling" or "Counselor" in the title of the degree. The Committee has found that this requirement can be a barrier to obtaining licensure for applicants who otherwise meet licensure requirements. Applicants who attended programs, that are in counseling and adequately prepare applicants to practice in a safe and effective manner, are not able to obtain a license because the programs do not award degrees that include the word "Counseling" or "Counselor." The Committee proposes to delete the requirement that a degree title include the word "Counseling" or "Counselor" from N.J.A.C. 13:34-11.2, 11.5, and 12.1.

The Committee has received applications for licensure from applicants who received master's degrees or doctoral degrees from educational programs that do not require students to hold a bachelor's degree prior to entry. The Committee believes that such programs do not adequately prepare students to practice counseling in a safe and effective manner. The Committee proposes to amend N.J.A.C. 13:34-11.2 and 11.5 to clarify that a master's or doctoral degree program must either require students to hold a bachelor's degree prior to entry or must award a bachelor's degree in conjunction with the master's or doctoral degree.

N.J.A.C. 13:34-12.1 sets forth content areas for coursework that applicants for licensure by endorsement must complete to qualify for licensure. This list includes two topics that applicants who qualify under N.J.A.C. 13:34-11.2 and 11.5 do not have to complete: human sexuality and substance abuse. As these topics are not required of other applicants, the Committee does not believe applicants for licensure should be required through endorsement to complete these topics. The Committee proposes to amend N.J.A.C. 13:34-12.1 to remove these topics from the list of content areas.

N.J.A.C. 13:34-17.1 sets forth fees the Committee charges for the services it provides. The rule lists fees for certification of specialty designation, initial specialty designation permits, and renewal of such permits. The Committee does not issue specialty designation permits. It proposes to amend N.J.A.C. 13:34-17.1 to remove these fees in order to avoid confusion as to the availability of such permits.

The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact

The proposed amendments will have a beneficial impact on applicants for licensure who attended master's or doctoral degree programs that do not include the word "Counseling" or "Counselor" in the title of the degree awarded. Such applicants will not be prohibited from obtaining a license because of the title of their degree. Requiring that master's degrees or doctoral degree programs require students to hold a bachelor's degree will help to ensure that programs adequately prepare applicants to practice safely and effectively and will benefit consumers who ultimately receive services from such applicants.
 
Economic Impact

The Committee anticipates that the proposed amendments will have a positive economic impact on those applicants who otherwise meet licensure requirements but do not qualify for licensure because their degree titles do not contain the word "Counseling" or "Counselor." These individuals will be able to obtain licensure and work as licensed professional counselors. The Committee does not anticipate that the proposed amendments will have any other economic impact.
 
Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments do not involve any Federal standards or requirements.
 
Jobs Impact

The Committee does not anticipate that the proposed amendments will have any impact on jobs in New Jersey.
 
Agriculture Industry Impact

The Committee does not believe that the proposed amendments will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Statement

Since professional counselors are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq. The proposed amendments either apply to applicants for licenses, who are not considered small businesses, or deal with the deletion of fees that the Board does not charge. As the proposed amendments do not impose any compliance, recordkeeping, or reporting requirements on licensees, a regulatory flexibility analysis is not necessary.
 
Housing Affordability Impact Analysis

The proposed amendments 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 proposed amendments concern application requirements for licensed professional counselors and associate counselors.
 
[page=2339] Smart Growth Development Impact Analysis

The proposed amendments 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 proposed amendments concern application requirements for licensed professional counselors and associate counselors.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
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. The degree awarded is a master's degree or doctorate in counseling. The [word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree awarded and the] institution offering the degree shall state in the catalog or in another format acceptable to the Committee that the purpose of the graduate degree is to prepare students for the professional practice of counseling; and
 
ii. (No change.)
 
(b) (No change.)
 
(c) The master's or doctoral degrees required by (a)3 above shall be from programs that:
 
1. Require students to hold a bachelor's degree from a regionally accredited institution of higher education prior to entry; or
 
2. Award a bachelor's degree in conjunction with the master's or doctoral degree.
 
13:34-11.5   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. The degree awarded is a master's degree or doctorate in counseling. The [word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree submitted and the] institution offering the degree shall state in the catalog or in another format acceptable to the Committee that the purpose of the graduate degree is to prepare students for the professional practice of counseling; and
 
ii. (No change.)
 
(b) (No change.)
 
(c) The master's or doctoral degrees required by (a)3 above shall be from programs that:
 
1. Require students to hold a bachelor's degree from a regionally accredited institution of higher education prior to entry; or
 
2. Award a bachelor's degree in conjunction with the master's or doctoral degree.
 
13:34-12.1   Licensure by endorsement
 
(a)-(b) (No change.)
 
(c) An applicant for licensure by endorsement shall hold a master's degree or doctorate in counseling from a counseling program accredited by the Council for the Accreditation of Counseling and Related Educational Programs (CACREP). The [word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree awarded and the] institution offering the degree shall state in the catalog or in another format acceptable to the Committee that the purpose of the graduate degree is to prepare students for the professional practice of counseling. The degree shall consist of at least 60 semester hours or 80 quarter hours of clinical and didactic instruction[, including a course in human sexuality and a course in substance abuse].
 
(d) If an applicant for licensure by endorsement has a master's degree or doctorate in counseling from a regionally accredited program related to the practice of counseling that is not accredited by CACREP, [the word "Counseling" or the word "Counselor" shall appear in the title of the graduate degree awarded and] the institution offering the degree shall state in the catalog or in another format acceptable to the Committee that the purpose of the graduate degree is to prepare students for the professional practice of counseling. The applicant shall establish that the coursework and practicum, internship, and/or fieldwork for the program consists of at least 60 semester hours or 80 quarter hours, and is consistent with the following minimum requirements:
 
1. Thirty-three semester hours or 44 quarter hours of graduate coursework, which shall include a minimum of three semester hours or four quarter hours of graduate-level coursework in each of the following [11] nine content areas: counseling theories and practice; human growth and development; diagnosis and treatment of psychopathology; [human sexuality;] group theories and practice; individual evaluation and assessment; career and lifestyle assessment; research and program evaluation; social and cultural foundations; and counseling in community settings[; and substance abuse]. Courses in research, thesis or dissertation work, practicums, internships, or fieldwork may not be applied toward this requirement; and
 
2. Three semester hours or four quarter hours of graduate-level coursework in legal, ethical, and professional standards in the practice of mental health counseling, which includes goals, objectives, and practices of professional counseling organizations, codes of ethics, legal considerations, standards of preparation, certifications and licensing, and the role identity and professional obligations of mental health counselors. Courses in research, thesis or dissertation work, practicums, internships, or fieldwork may not be applied toward this requirement[; and].
 
(e) The master's or doctoral degrees required by (c) above shall be from programs that:
 
1. Require students to hold a bachelor's degree from a regionally accredited institution of higher education prior to entry; or
 
2. Award a bachelor's degree in conjunction with the master's or doctoral degree.
 
Recodify existing (e) and (f) as (f) and (g) (No change in text.)
 
13:34-17.1   Fees
 
(a) The State Board of Marriage and Family Therapy Examiners shall charge the following fees in connection with the licensure of professional counselors and associate counselors:
 
1.-8. (No change.)