Rule Proposal

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

Proposed Recodification with Amendment: N.J.A.C. 13:34C-5.4 as 5.3

Proposed Repeals and New Rules: N.J.A.C. 13:34C-1.5 and 1.6

Proposed New Rule: N.J.A.C. 13:34C-1.7

Click here to view Interested Persons Statement

Alcohol and Drug Counselor Committee Rules
 
Authorized By: State Board of Marriage and Family Therapy Examiners, Milagros Collazo, Executive Director.
 
Authority: N.J.S.A. 45:2D-1 et seq.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2016-170.
 
Submit comments by December 16, 2016, to:
 
   Milagros Collazo, Executive Director
   [page=2119] State Board of Marriage and Family Therapy Examiners
   PO Box 45040
   124 Halsey Street
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
 
The agency proposal follows:
 
Summary

The State Board of Marriage and Family Therapy Examiners (the Board), in consultation with the Alcohol and Drug Counselor Committee (the Committee), is proposing to readopt N.J.A.C. 13:34C 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 was been filed prior to September 10, 2016, the expiration date of the rules in Chapter 34C is extended 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 Committee undertook a thorough review of the existing provisions of N.J.A.C. 13:34C to delete unnecessary or unreasonable rules and to clarify existing provisions. The Committee believes that the rules proposed for readoption, as amended with repeals and new rules, are necessary, reasonable, understandable, and responsive to the purposes for which they were originally promulgated.

The following is a summary of the existing rules of Chapter 34C that the Committee proposes to readopt with amendments and repeals, as well as a summary of the proposed new rules.

Subchapter 1 contains general provisions for alcohol and drug counselors. The Committee is proposing to readopt N.J.A.C. 13:34C-1.1, which sets forth the purpose and scope of the rules in Chapter 34C, without change. The Committee is proposing several amendments to the definitions of terms set forth in N.J.A.C. 13:34C-1.2. The definition of "address of record" is proposed for amendment to specify that a licensee or certificate holder may designate a post office box as his or her address of record, if he or she provides another address to the Committee that includes a street, city, state, and zip code. The Committee is also proposing to amend the definition of "counseling" to include recovery maintenance, because addiction is a chronic disease.

The Committee is proposing to amend N.J.A.C. 13:34C-1.3, which provides contact information for the Committee office, to update the Committee's website address. N.J.A.C. 13:34C-1.4, which concerns notification of address changes and service of process, is proposed to be readopted 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 Committee proposes to repeal existing N.J.A.C. 13:34C-1.5 and 1.6 and replace these sections with new N.J.A.C. 13:34C-1.5, 1.6, and 1.7. P.L. 2013, c. 182, which became effective on July 1, 2014, modifies the reinstatement and reactivation requirements for professional or occupational licensees and certificate holders.

Proposed new N.J.A.C. 13:34C-1.5 sets forth the requirements for licensure renewal for licensed clinical alcohol and drug counselors and certified alcohol and drug counselors, and the consequences of failing to renew a license. In accordance with N.J.S.A. 45:1-7.1, the Committee 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. 13:34C-1.6 sets forth the requirements for reactivating an inactive license or certification. Proposed subsection (a) lists the documentation that a licensee or certificate holder who has placed his or her license or certification, as applicable, on inactive status must provide to the Committee when applying for reactivation of his or her license or certification. Paragraph (a)4 provides that applicants who held a valid current license or certification, as applicable, to engage in the practice of alcohol and drug counseling in another state while holding an inactive State license or certification, as applicable, and met the other state's continuing education requirements will be deemed to have satisfied the Committee's respective continuing education requirements. The rules also provide 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 whether practice deficiencies exist, 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. 13:34C-1.7 similarly sets forth the requirements for reinstating an administratively suspended license or certification. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Committee in order to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Committee will 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 Committee proposes to recodify existing N.J.A.C. 13:34C-1.7, which requires all licensees conducting independent practice to give notice to clients of the address where complaints can be made and to conspicuously display their license in their primary office, as N.J.A.C. 13:34C-1.8. The Committee is proposing to amend recodified N.J.A.C. 13:34C-1.8 to update the Committee and Division's website addresses.

The Committee is proposing to recodify existing N.J.A.C. 13:34C-1.8, which establishes requirements with respect to the Committee's suspension, revocation, or refusal to license, as N.J.A.C. 13:34C-1.9. The Committee is also proposing to amend recodified N.J.A.C. 13:34C-1.9(b)5i to change the word "unwarranted" to "beyond" to better reflect the Committee's intent that offering to perform or performing services that are beyond the licensee or certificate holder's training or experience is deemed professional or occupational misconduct.

The Committee is proposing to recodify N.J.A.C. 13:34C-1.9, which establishes requirements for licensure or certification of persons licensed or certified in other jurisdictions, and N.J.A.C. 13:34C-1.10, which sets forth the fees the Committee charges applicants, licensees, or certificate holders, as N.J.A.C. 13:34C-1.10 and 1.11, respectively. The Committee proposes to readopt recodified N.J.A.C. 13:34C-1.10 and 1.11, without change.

Subchapter 2 sets forth the application procedure and the qualifications an applicant must satisfy in order to be licensed or certified. N.J.A.C. 13:34C-2.1 remains reserved.

N.J.A.C. 13:34C-2.2 sets forth the procedure an applicant must comply with to become a licensed clinical alcohol and drug counselor. The Committee is proposing to amend N.J.A.C. 13:34C-2.2 to delete paragraph (a)5 because that procedure applied solely to applicants who were licensed under the grandfathering provision of N.J.S.A. 45:2D-16, which is no longer applicable. The Committee is also proposing new paragraph (a)5, codifying the existing requirement that an applicant for licensure as a licensed clinical alcohol and drug counselor must submit a Certification and Authorization Form for a Criminal History Background Check. To make it easier for applicants to be aware of the specific requirements of a certified alcohol and drug counselor that must be successfully completed, the Committee is proposing to amend paragraph (b)2 to delineate the requirements of N.J.A.C. 13:34C-2.3(b) and N.J.S.A. 45:2D-5. The Committee is also proposing to amend paragraph (a)2 to update a cross-reference, consistent with the proposed recodifications in Subchapter 1.

N.J.A.C. 13:34C-2.3 sets forth the application procedure for certified alcohol and drug counselors. Consistent with the proposed amendments to N.J.A.C. 13:34C-2.2(a), the Committee proposes to amend N.J.A.C. 13:34C-2.3 to delete paragraph (a)5, because that procedure applied solely to applicants who were licensed under the grandfathering provision of N.J.S.A. 45:2D-16, which is no longer applicable. The Committee is also proposing new paragraph (a)5, codifying the existing requirement that an applicant for certification as a certified alcohol and drug counselor must submit a Certification and Authorization Form for a Criminal History Background Check. The Committee is proposing to amend paragraph (a)2 to update a cross-reference, consistent with the proposed recodifications in Subchapter 1.

[page=2120] Consistent with N.J.S.A. 45:2D-5 and the Committee's long-standing practice, the Committee is also proposing to amend N.J.A.C. 13:34C-2.3(b)2, to clarify that the required supervised practical training may be part of the years of supervised work experience required in pargraph (b)3 and may be completed under more than one agency or supervisor. Consistent with this change, the Committee is also proposing to amend subparagraph (b)3iii.

The Committee is proposing to readopt N.J.A.C. 13:34C-2.4, which establishes the process by which a health care provider licensed by the State of New Jersey and who diagnoses and/or treats drug or alcohol related disorders within his or her scope of practice may become licensed as a clinical alcohol and drug counselor, without change. The Committee is proposing to amend N.J.A.C. 13:34C-2.5, which sets forth the qualification review process to obtain a license or certification, to update a cross-reference, consistent with the proposed recodifications in Subchapter 1.

N.J.A.C. 13:34C-2.6 establishes exceptions to licensure and certification requirements. Consistent with N.J.S.A. 45:2D-9.d, the Committee proposes new paragraph (a)4, to create an exception for a student, intern, or trainee in alcohol and drug addiction counseling, if the activities are performed under supervision and constitute a part of the supervised course of study in counseling in a regionally accredited institution of higher education or training institution.

N.J.A.C. 13:34C-2.7 and 2.8 concern credit towards licensure or certification, respectively, for education, training, and experience received while serving as a member of the Armed Forces. The substantive text of the rules is proposed for readoption without change. The Committee proposes to amend the headings of each of these rules to clearly distinguish the respective rules for licensed clinical alcohol and drug counselor, and certified alcohol and drug counselor.

Subchapter 3 establishes the general obligations for both licensed clinical alcohol and drug counselors and certified alcohol and drug counselors. N.J.A.C. 13:34C-3.1 sets forth the standards of practice and scope of practice for both licensed clinical alcohol and drug counselors and certified alcohol and drug counselors. The Committee is proposing to delete subsection (a) because, as a matter of practice, a licensed clinical alcohol and drug counselor must comply with all rules in Chapter 34C, and not solely the standards of practice contained in N.J.A.C. 13:34C-3.1. Consistent with the scope of practice for certificate holders set forth in N.J.S.A. 45:2D-5.b, the Committee proposes to amend recodified subsection (a) and paragraph (d)1 to include "prevention" and "reporting." In addition, the Committee proposes amending these provisions to delete the modifiers "individual, group and family" because they are unnecessary, as they are included in the definition of "counseling" set forth in N.J.A.C. 13:34C-1.2.

The Committee also proposes to add new paragraphs (a)2 and (d)4, to reflect the occupational practice thatcertified alcohol and drug counselors and licensed clinical alcohol and drug counselors collect specimen (urine, hair, or saliva) samples for drug testing. The Committee also proposes to add that licensed clinical alcohol and drug counselors are allowed to order the collection of such samples. In addition, the Committee proposes to incorporate by reference the standards established by the United States Department of Mental Health Services Administration Center for Substance Abuse and Mental Health Services Administration (SAMHSA) for the collection of specimen samples for drug testing, as set forth in the Clinical Drug Testing in Primary Care, Technical Assistance Publication (TAP) 32, which is available on-line.

N.J.A.C. 13:34C-3.2, which sets forth professional conduct standards for alcohol and drug counselors, and N.J.A.C. 13:34C-3.3, which concerns sexual misconduct and harassment, are proposed for readoption without change. The Committee proposes to update the cross-references in N.J.A.C. 13:34C-3.4, which requires a licensee or certificate holder to notify the Committee of his or her own misconduct, as well as misconduct by another alcohol or drug counselor that the licensee or certificate holder has reason to believe has not been disclosed to the Committee.

Subchapter 4 establishes the procedures that licensees and certificate holders must follow when preparing and maintaining client records. N.J.A.C. 13:34C-4.1 establishes requirements with respect to the preparation and maintenance of client records. The Committee proposes to amend paragraph (c)1, to pluralize telephone numbers. The Committee also proposes to amend paragraph (c)10, to include a recovery maintenance plan, consistent with the proposed amendment to the definition of "counseling" set forth in N.J.A.C. 13:34C-1.2. In addition, the Committee proposes to amend subsection (f), to specify the record retention period for clients who are minors, which is consistent with the statute of limitations for State tort and malpractice cases. The Committee proposes to amend subsection (h) to provide that the record retention provisions contained in subsection (f) do not apply to a licensee or certificate holder employed in an agency setting who, by agency policy, does not have control over client records. The Committee also proposes to amend subsection (i) to specify that a substance abuse treatment facility is licensed by the Division of Mental Health and Addiction Services.

N.J.A.C. 13:34C-4.2, which establishes the procedures a licensee or certificate holder must follow when preparing computerized client records, N.J.A.C. 13:34C-4.3, which sets forth procedures for providing copies of client records, N.J.A.C. 13:34C-4.4, which establishes procedures for access to client records by managed health care plans, and N.J.A.C. 13:34C-4.5, which establishes confidentiality requirements with respect to client records, are proposed for readoption without change.

Subchapter 5 sets forth the continuing education requirements. N.J.A.C. 13:34C-5.1, which sets forth the biennial continuing education requirements for licensees and certificate holders, is proposed for readoption without change. N.J.A.C. 13:34C-5.2 sets forth the continuing education contact hour requirements for biennial renewal for licensed clinical alcohol and drug counselors and certified alcohol and drug counselors. Subsection (d) requires all licensees and certificate holders to complete at least six required contact hours of continuing education in legal standards related to the practice of alcohol and drug counseling in New Jersey during the initial biennial period. The Committee believes that licensees and certificate holders should take continuing education in legal standards in each biennial renewal period to stay current concerning any changes to the legal standards related to the practice of alcohol and drug counseling. Accordingly, the Committee is proposing to amend subsection (d) to remove reference to "during the initial biennial period." The Committee is proposing to amend subsection (e) to remove reference to the effective date, which has passed.

The Committee believes that the rules on calculating continuing education contact hours should precede that of the approval of continuing education courses and/or programs. The Committee, therefore, is proposing to recodify N.J.A.C. 13:34C-5.3, which concerns standards for continuing education course or program approval, as N.J.A.C. 13:34C-5.4, and to readopt recodified N.J.A.C. 13:34C-5.4 without change. The Committee is also proposing to recodify N.J.A.C. 13:34C-5.4, which establishes continuing education contact hour calculations, as N.J.A.C. 13:34C-5.3. The Committee is proposing to update the cross-references in recodified N.J.A.C. 13:34C-5.3 to be consistent with the proposed recodification.

N.J.A.C. 13:34C-5.5, which establishes requirements for continuing education document retention and N.J.A.C. 13:34C-5.6, which sets forth the procedures for obtaining a waiver of continuing education requirements, are proposed to be readopted without change.

Subchapter 6 establishes clinical supervision requirements. The Committee proposes to readopt N.J.A.C. 13:34C-6.1, which contains the definitions of relevant words and terms used throughout the subchapter, N.J.A.C. 13:34C-6.2, which concerns clinical supervision requirements of alcohol and drug counselor internship training experiences, N.J.A.C. 13:34C-6.2A, which sets forth the clinical supervision requirements of credentialed interns who hold an active license as a health care provider, and N.J.A.C. 13:34C-6.3, which concerns the supervision requirements for certified alcohol and drug counselors, without change. The Committee proposes to amend N.J.A.C. 13:34C-6.4, which concerns clinical supervision in an agency practice, to update the reference to the Division of Addiction Services (DHS) to the Division of Mental Health and Addiction Services (DMHAS).

[page=2121] The Committee 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 Committee believes that the rules proposed for readoption with amendments, repeals, recodifications, 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 alcohol and drug counseling services. These rules establish the requisite standards for licensure and certification in the State and positively affect the regulated community by clarifying the varied aspects of alcohol and drug counseling practice.

The proposed readoption of the rules in N.J.A.C. 13:34C with amendments, repeals, recodifications, and new rules continues the accepted practice standards for licensees and certificate holders established by the Committee, and by so doing, provides licensees, certificate holders, and applicants for licensure and certification a clear and comprehensive set of rules to guide them in their professional work. Applicants for licensure and certification will benefit by having a set of rules that govern the manner in which they may qualify for licensure or certification. The Committee also believes that licensees and certificate holders will benefit from the rules proposed for readoption with amendments, repeals, recodifications, and new rules that set forth uniform standards that will be applied throughout the alcohol and drug counseling field.

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

The Committee has determined that proposed new N.J.A.C. 13:34C-1.5, 1.6, and 1.7, implementing P.L. 2013, c. 182, will make it easier for licensees and certificate holders to resume, after a period of inactivation or administrative suspension, engaging in the practice of alcohol and drug counseling within the State. The new rules allow licensees and certificate holders 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 Committee. In addition, proposed new N.J.A.C. 13:34C-1.7 no longer mandates retaking the licensing examination if the period of administrative suspension is for more than five years, but provides the Committee the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.

The Committee has determined that the proposed amendments to N.J.A.C. 13:34C-3.1 will have a positive social impact on licensees, certificate holders, and the public by establishing a standard for licensees and certificate holders to follow when collecting specimens for drug testing.

The Committee has determined that the proposed amendment to N.J.A.C. 13:34C-4.1(f) will have a positive social impact on clients who are minors by ensuring that the minor's records are retained for a period of time consistent with the statute of limitations for tort claims.
 
Economic Impact

The Committee anticipates that the rules proposed for readoption with amendments, repeals, recodifications, and new rules will not impose any significant new costs upon applicants for licensure or certification, licensees, certificate holders, 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, as discussed below.

The proposed readoption of N.J.A.C. 13:34C-1.4 may continue to have an economic impact upon licensees and certificate holders to the extent that licensees and certificate holders incur costs associated with submitting the required documentation associated with changing their address.

The Committee believes that the proposed repeal and new rule set forth at N.J.A.C. 13:34C-1.5 may have an economic impact upon licensees and certificate holders to the extent that licensees and certificate holders who fail to comply with the renewal requirements set forth in the rule will be required to remit late fees. The Committee believes that the proposed repeal and new rules set forth at N.J.A.C. 13:34C-1.6 and 1.7 may have a positive economic impact upon licensees seeking to reactivate or reinstate their license or certification. Accepting continuing education requirements of another state may save licensees and certificate holders the costs associated with completing the Committee's continuing education requirements. Proposed new N.J.A.C. 13:34C-1.7 may also have a positive economic impact upon licensees and certificate holders 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. Proposed new N.J.A.C. 13:34C-1.6 and 1.7 may have a negative economic impact upon licensees or certificate holders seeking reactivation or reinstatement of their license or certification to the extent the Committee deems them in need of remediation and they are required to pass an examination or complete additional education or training.

The proposed readoption of N.J.A.C. 13:34C-2.2, 2.3, 2.4, and 2.5 may continue to have an economic impact on applicants for licensure and certification to the extent that applicants may incur costs associated with obtaining the required education and training, passing the required examination, and submitting the required documentation to substantiate satisfaction of requirements in the rules.

The proposed readoption of N.J.A.C. 13:34C-2.7 and 2.8 may continue to have a positive economic impact on New Jersey veterans. Crediting substantially equivalent education received in the military towards the requirements for licensure or certification may save veterans tuition costs for duplicative education. Also, crediting substantially equivalent training and experience may save veterans time in achieving licensure or certification, as applicable. Obtaining licensure or certification, as applicable, may translate into landing higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.

The proposed readoption with amendments of the rules in Subchapter 4 may continue to have an economic impact upon licensees and certificate holders to the extent that licensees and certificate holders incur administrative costs associated with preparing and maintaining client records consistent with the requirements set forth in N.J.A.C. 13:34C-4.1 through 4.5.

The proposed readoption with amendments of the continuing education requirements set forth in Subchapter 5 may continue to have an economic impact upon licensees and certificate holders to the extent that licensees and certificate holders must obtain 40 and 60 contact hours of continuing education, respectively, in each biennial renewal period. Licensees and certificate holders may also incur costs associated with maintaining continuing education documentation as required under the rules.

The proposed readoption of the rules in Subchapter 6 with amendments may continue to have an economic impact upon certified alcohol and drug counselors who are working under the clinical supervision of qualified clinical supervisors, as well as upon such supervisors, to the extent that certificate holders and supervisors may incur costs associated with submitting required documentation to the Committee.
 
Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments, repeals, recodifications, and new rules are governed by N.J.S.A. 45:2D-1 et seq., and are not subject to any Federal requirements or standards. Although the rules in N.J.A.C. 13:34C are not subject to any Federal requirements or standards, where deemed appropriate, the Committee has voluntarily required licensees and certificate holders to comply with applicable Federal laws and regulations. Specifically, the proposed readoption with amendments of N.J.A.C. 13:34C-3.1 requires licensees and certificate holders to collect specimen samples for drug testing in accordance with SAMHSA standards. N.J.A.C. 13:34C-4.5 requires all licensees and certificate holders to comply with the provisions of 42 CFR Part 2, concerning confidentiality of substance abuse records.
 
[page=2122] Jobs Impact

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

The Committee does not anticipate that the rules proposed for readoption with amendments, repeals, recodifications, and new rules will have any impact on the agriculture industry in the State.
 
Regulatory Flexibility Analysis

Currently, the Committee has licensed approximately 1,955 clinical alcohol and drug counselors and has certified approximately 765 alcohol and drug counselors. If these licensees and certificate holders 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 rules proposed for readoption with amendments, repeals, recodifications, and new rules will impose various reporting, recordkeeping, and compliance requirements upon licensees and certificate holders. All licensees and certificate holders must notify the Committee of any changes of address pursuant to N.J.A.C. 13:34C-1.4. All licensees and certificate holders must comply with the requirements for license and certificate renewal set forth in N.J.A.C. 13:34C-1.5. N.J.A.C. 13:34C-1.6 and 1.7 impose compliance requirements upon licensees and certificate holders with respect to how a licensee or certificate holder reactivates an inactive or reinstates a suspended license or certification. Recodified N.J.A.C. 13:34C-1.8 requires a licensee to display his or her license and to provide clients with certain notices concerning how to file a complaint against a licensee. Recodified N.J.A.C. 13:34C-1.9 imposes compliance requirements upon licensees and certificate holders and applicants for licensure and certification to the extent that conduct outlined in the rule may result in the suspension, revocation, or refusal to issue or renew a license or certification.

N.J.A.C. 13:34C-2.2 and 2.3 impose compliance requirements upon applicants for licensure as clinical alcohol and drug counselors and applicants for certification as alcohol and drug counselors. Applicants must submit the documentation set forth in the rules and must have satisfied the educational and experience requirements of the rules in order to qualify for licensure or certification. N.J.A.C. 13:34C-2.4 imposes compliance requirements upon applicants applying for licensure who are licensed health care providers in the State. Such applicants must demonstrate that they have attained the requisite education and training required of licensed clinical alcohol and drug counselors.

N.J.A.C. 13:34C-3.1 through 3.4 impose compliance requirements upon licensees and certificate holders to the extent that the rules require licensees and certificate holders to adhere to specified standards of practice, prohibit them from engaging in certain activities, and require them to notify the Committee of misconduct.

N.J.A.C. 13:34C-4.1 and 4.2 impose recordkeeping and compliance requirements upon licensees and certificate holders to the extent that the rules establish how a client record is to be prepared and maintained. N.J.A.C. 13:34C-4.3, 4.4, and 4.5 impose compliance requirements upon licensees or certificate holders to the extent that the rules require licensees and certificate holders to provide access to client records and to ensure client information is kept confidential.

N.J.A.C. 13:34C-5.1 requires licensees to complete 40 contact hours of continuing education in each biennial renewal period. The rule also requires certificate holders to complete 60 contact hours of continuing education in each biennial renewal period. N.J.A.C. 13:34C-5.2, 5.3, and 5.4 impose compliance requirements upon licensees and certificate holders to the extent that they must obtain continuing education contact hours consistent with the standards established in the rules. N.J.A.C. 13:34C-5.5 imposes recordkeeping requirements upon licensed clinical and certified alcohol and drug counselors to the extent that the rule establishes the type of documentation a licensee and certificate holder must retain for continuing education credit. N.J.A.C. 13:34C-5.6 imposes compliance and recordkeeping requirements upon licensees and certificate holders to the extent that the rule requires a licensee and certificate holder who seeks a waiver of continuing education requirements to submit to the Committee, in writing, the specific reasons for requesting the waiver.

N.J.A.C. 13:34C-6.2, 6.3, and 6.4 impose compliance and recordkeeping requirements on qualified clinical supervisors to the extent the rules require supervisors to have a written agreement with supervisees and to ensure an appropriate level of supervision consistent with the standards delineated in the rules.

The proposed amendments to the rules in Chapter 34C and the proposed new rules will impose various recordkeeping and compliance requirements on licensees and certificate holders. 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, recodifications, and new rules. The costs of compliance with the rules proposed for readoption with amendments, repeals, recodifications, and new rules are discussed in the Economic Impact above. The Committee believes that the rules proposed for readoption with amendments, repeals, recodifications, and new rules should be uniformly applied to all licensees and certificate holders in order to ensure the health, safety, and welfare of New Jersey consumers who seek alcohol and drug counseling services. Therefore, no differing compliance requirements for any licensees or certificate holders are provided based upon the size of the business.
 
Housing Affordability Impact Analysis

The rules proposed for readoption with amendments, repeals, recodifications, 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, recodifications, and new rules concern the provision of alcohol and drug counseling services.
 
Smart Growth Development Impact Analysis

The rules proposed for readoption with amendments, repeals, recodifications, 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, recodifications, and new rules concern the provision of alcohol and drug counseling services.
 
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:34C.
 
Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:34C-1.5 and 1.6.
 
Full text of the proposed amendments, recodification, and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    GENERAL PROVISIONS
 
13:34C-1.2 Definitions
 
(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
 
. . .
 
"Address of record" means an address designated by a licensee or certificate holder, which is part of the licensee's or certificate holder's record and which will be disclosed to the public. "Address of record" may be a licensee's or certificate holder's home, business, or mailing address, but shall not be a post office box, unless the licensee also provides another address that includes a street, city, state, and zip code.
 
. . .
 
"Counseling" means the utilization of special skills to assist individuals, families, significant others, or groups in achieving an objective through exploration of a problem and its ramifications; examination of attitudes and feelings; consideration of alternative solutions; [and] decision making; and recovery maintenance.
 
[page=2123] . . .
 
13:34C-1.3 Office of the Alcohol and Drug Counselor Committee
 
The office of the Committee shall be maintained at 124 Halsey Street, Newark, New Jersey. The mailing address of the Committee is PO Box 45040, Newark, New Jersey 07101. The website of the Committee is [www.state.nj.us/lps/ca/medical/alcdrug.htm] www.njconsumeraffairs.gov/adc.
 
13:34C-1.5        License or certification renewal
 
(a) The Committee shall send a notice of renewal to each licensee or certificate holder, at least 60 days prior to the expiration of the license or certification. The notice of renewal shall explain inactive renewal and advise the licensee or certificate holder 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 or certification is renewed within 60 days from the date the notice is sent or within 30 days following the date of license or certification expiration, whichever is later.
 
(b) A licensee or certificate holder shall renew his or her license or certification, as applicable, for a period of two years from the last expiration date. The licensee or certificate holder shall submit a renewal application to the Committee, along with the renewal fee set forth in N.J.A.C. 13:34C-1.11, prior to the date of license or certification expiration.
 
(c) A licensee or certificate holder may renew his or her license or certification, as applicable, by choosing inactive status. A licensee or certificate holder electing to renew his or her license or certification as inactive shall not engage in the practice of alcohol and drug counseling, or hold himself or herself out as eligible to engage in the practice of alcohol and drug counseling, in New Jersey, until such time as the license or certification is returned to active status.
 
(d) If a licensee or certificate holder does not renew the license or certification prior to its expiration date, the licensee or certificate holder may renew the license or certification 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. 13:34C-1.11. During this 30-day period, the license or certification shall be valid and the licensee or certificate holder shall not be deemed practicing without a license or certification, as applicable.
 
(e) A licensee or certificate holder who fails to submit a renewal application within 30 days of license or certification expiration shall have his or her license or certification, as applicable, suspended without a hearing.
 
(f) A licensee or certificate holder who continues to engage in the practice of alcohol and drug counseling with a suspended license or certification shall be deemed to be engaging in the unauthorized practice of alcohol and drug counseling 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.
 
13:34C-1.6        License or certification reactivation
 
(a) A licensee or certificate holder who holds an inactive license or certification pursuant to N.J.A.C. 13:34C-1.5(c) may apply to the Committee for reactivation of the inactive license or certification. A licensee or certificate holder seeking reactivation of an inactive license or certification shall submit:
 
1. A renewal application;
 
2. A certification of employment listing each job held during the period the license 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. 13:34C-1.11.
 
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. 13:34C-1.11.
 
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. 13:34C-1.11; 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. 13:34C-5.1 and 5.2.
 
i. An applicant who holds a valid, current license or certification, as applicable, in good standing issued by another state to engage in the practice of alcohol and drug counseling and submits proof of having satisfied that state's continuing education requirements for that license or certification 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 or certification. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reactivation of licensure or certification, 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 or certification subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license or certification. 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 or certification was inactive;
 
2. Employment history;
 
3. Professional history;
 
4. Disciplinary history and any action taken against the applicant's license or certification by any licensing board;
 
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of alcohol and drug counseling 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 or certification issued to the licensee or certificate holder 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 alcohol and drug counseling or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.
 
13:34C-1.7        License or certification reinstatement
 
(a) A licensee or certificate holder who has had his or her license or certification suspended pursuant to N.J.A.C. 13:34C-1.5(e) may apply to the Committee for reinstatement. A licensee or certificate holder applying for reinstatement shall submit:
 
1. A reinstatement application;
 
2. A certification of employment listing each job held during the period of suspended license or certification, 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. 13:34C-1.11; and
 
[page=2124] 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. 13:34C-5.1 and 5.2.
 
i. An applicant who holds a valid, current license or certification, as applicable, in good standing issued by another state to engage in the practice of alcohol and drug counseling and submits proof of having satisfied that state's continuing education requirements for that license or certification, 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 or certification. 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 or certification, as applicable, subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license or certification. 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 or certification 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 alcohol and drug counseling 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 or certification issued to the licensee or certificate holder 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 alcohol and drug counseling or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.
 
13:34C-[1.7]1.8          Licensee to display notice or give notice; licensee to display license
 
(a) All licensees, conducting independent practice, shall ensure that the following notice is either prominently displayed in a waiting room or other area where it will be visible to the licensee's clients or provided to the licensee's clients in writing:
 
"Alcohol and drug counselors are licensed by the Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee, an agency of the Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which the alcohol and drug counseling practice is conducted or services are provided should notify the Alcohol and Drug Counselors Committee, PO Box 45040, 124 Halsey Street, Newark, New Jersey 07101, [www.state.nj.us/lps/ca/medical/alcdrug.htm] www.njconsumeraffairs.gov/adc, or the New Jersey Division of Consumer Affairs, Post Office Box 45027, 124 Halsey Street, Newark, New Jersey 07101, [www.state.nj.us/lps/ca/comp.htm] www.njconsumeraffairs.gov."
 
(b) (No change.)
 
13:34C-[1.8]1.9                Suspension, revocation, or refusal of licensure or certification
 
(a) (No change.)
 
(b) In accordance with N.J.S.A. 45:1-21, the Committee may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate or license issued by the Board upon proof that the applicant or holder of such certificate or license:
 
1.-4. (No change.)
 
5. Has engaged in professional or occupational misconduct including, but not limited to, the following:
 
i. Offering to perform or performing services that are [unwarranted by] beyond the licensee or certificate holder's education, training, or experience;
 
ii.-xiv. (No change.)
 
6.-13. (No change.)
 
Recodify existing 13:34C-1.9 and 1.10 as 13:34C-1.10 and 1.11 (No change in text.)
 
SUBCHAPTER 2.    APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS
 
13:34C-2.2 Application procedure: licensed clinical alcohol and drug counselor
 
(a) An applicant for licensure as a clinical alcohol and drug counselor shall submit the following to the Committee:
 
1. (No change.)
 
2. The non-refundable application fee set forth in N.J.A.C. 13:34C-[1.10]1.11;
 
3.-4. (No change.)
 
[5. The original, current certificate of certification as an alcohol and drug counselor issued by the APCBNJ, if applicable.]
 
5. A Certification and Authorization Form for a Criminal History Background Check.
 
(b) An applicant shall furnish evidence that the applicant has:
 
1. (No change.)
 
2. Successfully completed [all] the following requirements to be a certified alcohol and drug counselor [pursuant to] consistent with the requirements of N.J.A.C. 13:34C-2.3(b)2 [and 3 and 5 through 7] and N.J.S.A. 45:2D-5[.]:
 
i. Three hundred hours of supervised practical training in alcohol and drug counseling;
 
ii. Two years of supervised work experience within five consecutive years immediately preceding the date of submission of the application;
 
iii. Two hundred seventy hours of alcohol and drug education;
 
iv. Attended the 30 alcohol and drug abuse self-help group meetings;
 
v. A written examination developed and prepared by the ICRC, or its successor; and
 
vi. An oral examination developed and prepared by the ICRC, or its successor, on the applicant's written case presentation.
 
(c)-(e) (No change.)
 
13:34C-2.3 Application procedure: certified alcohol and drug counselor
 
(a) An applicant for certification as a certified alcohol and drug counselor shall submit the following to the Committee:
 
1. (No change.)
 
2. The non-refundable application fee set forth in N.J.A.C. 13:34C-[1.10]1.11;
 
3.-4. (No change.)
 
[5. The original, current certificate of certification as an alcohol and drug counselor issued by the APCBNJ, if applicable.]
 
5. A Certification and Authorization Form for a Criminal History Background Check.
 
(b) An applicant shall furnish evidence that the applicant has:
 
[page=2125] 1. (No change.)
 
2. Completed 300 hours of supervised practical training in alcohol and drug counseling distributed among all of the following 12 core functions: screening, intake, orientation, assessment, treatment planning, counseling-individual, group and family, case management, crisis intervention, client education, referral, consultation and recordkeeping. This practical training may be part of the work experience pursuant to (b)3 below and may be completed under more than one agency or supervisor;
 
3. Completed two years of supervised work experience within five consecutive years immediately preceding the date of submission of the application. The two years of supervised work experience may be paid or voluntary time working directly with alcohol or other drug clients. Paid or voluntary time shall be directly related to the 12-core functions as set forth at (b)2 above;
 
i.-ii. (No change.)
 
iii. [Formal education, except for supervised practical training; continuing] Continuing education courses, workshops, seminars [or], unsupervised work experience, or formal education (except for the supervised practical training pursuant to (b)2 above) may not be substituted for the required work experience;
 
4.-7. (No change.)
 
(c)-(e) (No change.)
 
13:34C-2.5 Qualification review process: licensure and certification
 
(a) (No change.)
 
(b) No applicant shall be licensed or certified by the Board, unless a majority of the full Committee first determines that the applicant has met the education and experience requirements of N.J.A.C. 13:34C-2.3(b)1 through 5 and successfully completed the written and oral examinations required pursuant to N.J.A.C. 13:34C-2.3(b)6 and 7. Exempted from this subsection are those applicants who qualify as specified pursuant to N.J.A.C. 13:34C-[1.9]1.10, 2.1, and 2.4.
 
(c)-(d) (No change.)
 
13:34C-2.6 Exceptions to licensure and certification
 
(a) The licensure and certification rules in this subchapter shall not apply to:
 
1.-2. (No change.)
 
3. The activities and services of an imam, rabbi, priest, minister, Christian Science practitioner, or clergy of any religious denomination or sect, when engaging in activities, [which] that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof; [or]
 
4. A student, intern, or trainee in alcohol and drug addiction counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study; or
 
[4.] 5. A person doing work of an alcohol or drug counseling nature, or advertising those services, when acting within the scope of the person's profession or occupation and doing work consistent with the person's training, including physicians, clinical social workers, professional counselors, marriage and family therapists, psychologists, nurses, or any other profession or occupation licensed by the State, or students within accredited programs of these professions, if the person does not hold oneself out to the public as possessing a license or certification issued pursuant to the Act or this chapter.
 
13:34C-2.7 Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces: licensed clinical alcohol and drug counselor
 
(a)-(e) (No change.)
 
13:34C-2.8 Credit towards certification for education, training, and experience received while serving as a member of the Armed Forces: certified alcohol and drug counselor
 
(a)-(e) (No change.)
 
SUBCHAPTER 3.    GENERAL OBLIGATIONS
 
13:34C-3.1 Standards of practice; scope of practice
 
[(a) All licensed clinical alcohol and drug counselors and all certified alcohol and drug counselors who are licensed or certified under this chapter shall comply with the standards of practice contained in this section when engaging in alcohol and drug counseling services.]
 
[(b)] (a) The scope of practice of a certified alcohol and drug counselor includes, but is not limited to [the following]:
 
1. The 12-core functions: screening, intake, orientation, assessment, treatment planning, [counseling-individual, group and family,] counseling, case management, crisis intervention, [client] education and prevention,referral, consultation, and reporting and recordkeeping[.]; and
 
2. The collection of specimen (urine, hair, or saliva) samples for drug testing in accordance with standards established by the United States Department of Mental Health Services Administration Center for Substance Abuse and Mental Health Services Administration (SAMHSA), as set forth in the Clinical Drug Testing in Primary Care. Technical Assistance Publication (TAP) 32. HHS Publication No. (SMA) 12-4668. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2012, which is incorporated herein by reference, as amended and supplemented. The publication is available online at http://store.samhsa.gov/product/TAP-32-Clinical-Drug-Testing-in-Primary-Care/SMA12-4668.
 
Recodify existing (c)-(d) as (b)-(c) (No change in text.)
 
[(e)] (d) The scope of practice of a licensed clinical alcohol and drug counselor includes, but is not limited to:
 
1. The 12 core functions: screening, intake, orientation, assessment, treatment planning, [counseling-individual, group and family] counseling, case management, crisis intervention, [client] education and prevention, referral, consultation, and reporting and recordkeeping;
 
2. Performance of clinical supervision pursuant to N.J.A.C. 13:34C-6.2, 6.3, and 6.4 for alcohol and drug counselor trainees and certified alcohol and drug counselors; [and]
 
3. Diagnosis of substance-related disorders as described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association[.]; and
 
4. The ordering and collection of specimen (urine, hair, or saliva) samples for drug testing in accordance with standards established by SAMHSA, as set forth in the Clinical Drug Testing in Primary Care. Technical Assistance Publication (TAP) 32. HHS Publication No. (SMA) 12-4668. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2012, which is incorporated herein by reference, as amended and supplemented. The publication is available online at http://store.samhsa.gov/product/TAP-32-Clinical-Drug-Testing-in-Primary-Care/SMA12-4668.
 
13:34C-3.4 Duty to report
 
(a) A licensee or certificate holder shall notify the Committee of misconduct of another alcohol or drug counselor [which] that the licensee or certificate holder has reason to believe has not been disclosed to the Committee. Such misconduct includes specific acts or omissions or the fact that a counselor has:
 
1.-4. (No change.)
 
5. Engaged in any prohibited act listed in N.J.A.C. 13:34C-[1.8(b)]1.9(b) and 3.2.
 
(b) A licensee or certificate holder shall notify the Committee of one's own misconduct, which the licensee or certificate holder has reason to believe has not been disclosed to the Committee. Such misconduct includes specific acts or omissions or the fact that a counselor has:
 
1.-4. (No change.)
 
5. Engaged in any prohibited act listed in N.J.A.C. 13:34C-[1.8(b) and]1.9(b), 3.2, and 3.3.
 
(c) (No change.)
 
[page=2126] SUBCHAPTER 4.       CLIENT RECORDS; CONFIDENTIALITY
 
13:34C-4.1 Preparation and maintenance of client records
 
(a)-(b) (No change.)
 
(c) The licensee or certificate holder shall include in the client record material pertinent to the nature and extent of the professional interaction, as applicable:
 
1. The client name, address, and telephone numbers;
 
2.-9. (No change.)
 
10. A treatment plan and recovery maintenance plan focused on the specific needs of the individual client;
 
11.-24. (No change.)
 
(d)-(e) (No change.)
 
(f) The licensee or certificate holder shall retain the permanent client record for at least seven years from the date of last entry, unless otherwise provided by law. For clients who are minors, a licensee or certificate holder shall retain the records for seven years from the date of last entry or two years past the client's 18th birthday, whichever is later.
 
(g) (No change.)
 
(h) Subsections (e), (f), and (g) above shall not apply to a licensee or certificate holder employed in an agency setting who does not, by agency policy, have control over client records.
 
(i) Licensees or certificate holders practicing in a [licensed] substance abuse treatment facility licensed by the Division of Mental Health and Addiction Services, or in an exempt setting as defined in N.J.A.C. 13:34C-2.6, shall not be required to comply with this section, if the facility's policies and/or procedures regarding preparation and maintenance of client records differ from this section.
 
SUBCHAPTER 5.    CONTINUING EDUCATION
 
13:34C-5.2 Continuing education contact hour requirements
 
(a)-(c) (No change.)
 
(d) All licensees and certificate holders shall complete at least six required contact hours of continuing education in legal standards related to the practice of alcohol and drug counseling in New Jersey [during the initial biennial period]. These six contact hours may be used towards the required continuing education hours. These six contact hours shall focus on N.J.S.A. 45:1-1 through 45:1-32 and 45:2D-1 through 45:2D-17 and this chapter. An individual is not precluded from completing this requirement prior to applying for licensure or certification, but the fulfillment of this requirement shall not be substituted for N.J.A.C. 13:34C-2.3(b)4v(1) and/or (2).
 
(e) [Beginning August 1, 2010, all] All licensees and certificate holders shall complete a minimum of three contact hours of the 40 or 60 contact hours of continuing education, as applicable, required by N.J.A.C. 13:34C-5.1 in the subject area of social and cultural competence in every biennial period. For the purposes of this subsection, 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.)
 
(f) (No change.)
 
13:34C-[5.4]5.3          Continuing education contact hour calculations
 
(a) (No change.)
 
(b) A licensee or certificate holder shall complete and be able to verify such completion of a continuing education course or program in order to receive continuing education credits. The Committee shall grant a licensee or certificate holder continuing education credit for each biennial renewal period as follows:
 
1.-2. (No change.)
 
3. Successfully completing an undergraduate, graduate or post graduate coursework in the content areas listed at N.J.A.C. 13:34C-[5.3(d)]5.4(d), at a regionally accredited institution of higher education: 15 contact hours of continuing education for each semester course credit awarded;
 
4.-5. (No change.)
 
13:34C-[5.3]5.4                (No change in text.)
 
(Agency Note: the text of N.J.A.C. 13:34C-5.4 is proposed for recodification with an amendment as N.J.A.C. 13:34C-5.3.)
 
SUBCHAPTER 6.    CLINICAL SUPERVISION
 
13:34C-6.4 Clinical supervision of an agency practice
 
(a) The Committee shall accept clinical supervision requirements in agencies licensed by the Department of Human Services, Division of Mental Health and Addiction Services, as substance abuse treatment facilities as they relate to the clinical supervision of alcohol and drug counselors, unless otherwise specified in this subchapter.
 
(b) (No change.)
 
(c) If the Committee is advised of inadequacies in the clinical supervision of certified alcohol and drug counselors in a Department of Human Services, Division of Mental Health and Addiction Services[, (DHS)] (DMHAS) licensed substance abuse treatment facility, the Committee shall notify the [DHS] DMHAS of such inadequacies and may recommend to [DHS] DMHAS a plan for clinical supervision. If the inadequacies in supervision within an agency practice setting, as defined in (a) above, are not resolved within three months of such notice, the agency supervision exemption described herein shall be withdrawn and the rule for supervised practice at N.J.A.C. 13:34C-6.3 shall be imposed upon subject certificate holders until such time as the Committee determines that the inadequacies in supervision have been corrected.
 
(d) (No change.)