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Clinical Supervision of Alcohol and Drug Counselor Internship Training Experiences; Clinical Supervision of Credentialed Interns Who Hold an Active License as a Health Care Provider; Clinical Supervision of a Supervised Practice for Certified Alcohol and Drug Counselors

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

Authority: N.J.S.A. 45:2D-14

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

Proposal Number: PRN 2018-044.

Submit comments by July 20, 2018, to:

   State Board of Marriage and Family Therapy Examiners
   c/o Milagros B. Collazo, Executive Officer
   124 Halsey Street
   PO Box 45007
   Newark, New Jersey 07101

Summary

In response to a petition for rulemaking, the State Board of Marriage and Family Therapy Examiners (Board), as recommended by the Alcohol and Drug Counselor Committee (Committee), proposes amending N.J.A.C. 13:34C-6.2(a)1, 6.2A(a)1, and 6.3(a)1 to require State licensed clinical alcohol and drug counselors to hold a current Certified Clinical Supervisor (CCS) credential from an International Certification Reciprocity Consortium (ICRC) member board (a certification authority that is a member of the International Certification Reciprocity Consortium of Alcohol and Other Drug Abuse, Inc., a credentialing organization) in order to be deemed a qualified clinical supervisor.

On February 22, 2013, the Committee received a petition for rulemaking from Glenn Duncan on behalf of Advanced Counselor Training requesting that the Committee amend its rules set forth at N.J.A.C. 13:34C-6.2, 6.2A, and 6.3. The petitioner suggested: 1) requiring licensed alcohol and drug counselors to obtain the CCS credential in order to be deemed qualified clinical supervisors; 2) requiring New Jersey licensed clinical alcohol and drug counselors to obtain, over a minimum of two years, but no more than six years, 3,000 hours of work experience subsequent to holding a clinical license to provide substance misuse services; 3) distinguishing between those who hold another New Jersey license (certified advanced practice nurse, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or professional counselor) and are also licensed clinical alcohol and drug counselors, and those who hold only another New Jersey license; 4) allowing licensed clinicians in the process of getting the CCS credential to be considered qualified supervisors under specified conditions; and 5) requiring qualified supervisors to directly observe the supervisees in one of four specified activities at least once annually.

A notice acknowledging receipt of the petition was published in the New Jersey Register on April 1, 2013, at 45 N.J.R. 767(b). The Committee considered the petition for rulemaking at the open public session of its April 19, 2013 meeting, and referred this matter for further review and analysis of the suggestions made by the petitioner. A notice acknowledging the Committee's action on April 19, 2013, was filed with the Office of Administrative Law and was published in the New Jersey Register on May 20, 2013, at 45 N.J.R. 1264(b). The Committee also considered the petition for rulemaking at the open public session of its May 17, 2013, and June 28, 2013 meetings. At the June 28, 2013 meeting, the Committee and petitioner agreed to an extension until October 4, 2013, for the Committee to deliberate on the petition for rulemaking, consistent with the requirements of N.J.A.C. 1:30-4.2(b). A notice of action on the petition for rulemaking reflecting this extension was published on August 5, 2013, at 45 N.J.R. 1925(a).

On July 26, 2013, the Committee determined to grant, in part, the petition and initiate a rulemaking proceeding. The Committee agreed with the petitioner that to be a qualified clinical supervisor, licensed clinical alcohol and drug counselors should obtain the CCS from an ICRC member board. The Committee denied each of the petitioner's other requests.

The Committee notes that, since the 1990s when the qualified clinical supervisor provisions were initially adopted, the field has changed and the expectations and standards for clinical supervisors have also evolved. The Committee also notes that clinical supervision has become a "sub-specialty" of the mental health profession. Due to these changes, the Committee believes that licensure alone is an insufficient basis to be deemed a qualified clinical supervisor. The Committee also notes that to be deemed a qualified supervisor requires certified advanced practice nurses, licensed psychologists, licensed clinical social workers, licensed marriage and family therapists, and professional counselors to hold the CCS certification. The Committee believes that improving and standardizing the quality of supervision ensures a better quality of care for those seeking treatment of drug and/or alcohol addiction related disorders. Moreover, the Committee believes that the clinical supervisory course work, experiential, and examination requirements of the CCS credential provide a standardized and objective format to ensure the quality and competency of the supervision provided, thereby protecting the health and welfare of the public.

The Board and the Committee intend to adopt these amendments with a delayed operative date of 18 months from the effective date of the proposed amendments to afford to those licensed clinical alcohol and drug counselors who want to be deemed qualified clinical supervisors a reasonable amount of time to obtain the CCS. In addition, in those situations in which an existing supervisor may, as a result of extenuating circumstances, be unable to obtain the CCS within 18 months, the Committee will grant licensees an extension of time to obtain the CCS credential.

In addition, the Board and Committee propose amending the language in N.J.A.C. 13:34C-6.2(a)3, 6.2A(a)3, and 6.3(a)3 to be consistent with the proposed amendments in paragraphs (a)1 of the respective sections.

The Board and the Committee have provided a 60-day comment period on 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 proposed amendments will have a positive social impact upon the public by ensuring the quality and competency of licensed clinical alcohol and drug counselors performing clinical supervision duties in New Jersey.

Economic Impact

The proposed amendments may have an economic impact upon licensees seeking to become qualified clinical supervisors to the extent that licensed clinical alcohol and drug counselors must bear the costs associated with obtaining the CCS credential, which are determined by the ICRC member board. Currently in New Jersey, the costs to become CCS credentialed include an initial application fee of $ 250.00, plus a written examination fee of $ 225.00 (plus an additional $ 6.50 if payment is made online). There is also a biennial recertification fee of $ 250.00. The Committee believes that any economic impact upon licensees seeking to become qualified clinical supervisors is outweighed by the benefit to the public of better quality of care resulting from establishing a uniform standard for proper clinical supervision.

[page=1248] Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:2D-1 et seq., and are not subject to any Federal requirements or standards.

Jobs Impact

The Committee does not anticipate that the proposed amendments 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 proposed amendments will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Board licenses approximately 2,200 clinical alcohol and drug counselors. If 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 amendments will not impose any reporting or recordkeeping requirements, but will impose compliance requirements upon licensed clinical alcohol and drug counselors who want to be deemed qualified clinical supervisors. These requirements are discussed in the Summary above. No additional professional services will be needed to comply with the proposed amendments. The costs of compliance with the proposed amendments are discussed in the Economic Impact statement above. The Committee believes that the proposed amendments should be uniformly applied to all licensed clinical alcohol and drug counselors who want to supervise in order to ensure the health and welfare of the general public. Therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.

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 proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern requirements for being deemed a qualified clinical supervisor of alcohol and drug counselor interns and certified alcohol and drug counselors.

Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments 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 requirements for being deemed a qualified clinical supervisor of alcohol and drug counselor interns and certified alcohol and drug counselors.

Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 6.    CLINICAL SUPERVISION

13:34C-6.2 Clinical supervision of alcohol and drug counselor internship training experiences

(a) The following individuals may be qualified clinical supervisors of alcohol and drug counselor interns:

1. A New Jersey licensed clinical alcohol and drug counselor[;]. Effective (18 months from the effective date of this amendment), to be a qualified clinical supervisor, a New Jersey licensed clinical alcohol and drug counselor shall hold a current Certified Clinical Supervisor (CCS) certification from an ICRC member board.

i. A New Jersey licensed clinical alcohol and drug counselor who, prior to (18 months from the effective date of this amendment),was engaging in clinical supervision and is unable, due to extenuating circumstances, to obtain the CCS certification by (18 months from the effective date of this amendment), may apply for an extension. If the Committee determines that the licensee is unable to obtain the CCS certification due to extenuating circumstances, the Committee shall grant the licensee an extension. Such application shall be filed with the Committee at least 30 days prior to (18 months from the effective date of this amendment);

2. (No change.)

3. A New Jersey certified advanced practice nurse, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional counselor, [all of whom shall be certified as a clinical supervisor by] who holds a current Certified Clinical Supervisor (CCS) certification from an ICRC member board[s].

(b)-(l) (No change.)

13:34C-6.2A Clinical supervision of credentialed interns who hold an active license as a health care provider

(a) The following individuals may be qualified clinical supervisors of credentialed interns who hold an active license as a health care provider as defined in N.J.A.C. 13:34C-1.2, provided such individuals are not precluded from providing such supervision by the laws or regulations in this State pertinent to their health care practice:

1. A New Jersey licensed clinical alcohol and drug counselor[;]. Effective (18 months from the effective date of this amendment), to be a qualified clinical supervisor, a New Jersey licensed clinical alcohol and drug counselor shall hold a current Certified Clinical Supervisor (CCS) certification from an ICRC member board.

i. A New Jersey licensed clinical alcohol and drug counselor who, prior to (18 months from the effective date of this amendment),was engaging in clinical supervision and is unable, due to extenuating circumstances, to obtain the CCS certification by (18 months from the effective date of this amendment), may apply for an extension. If the Committee determines that the licensee is unable to obtain the CCS certification due to extenuating circumstances, the Committee shall grant the licensee an extension. Such application shall be filed with the Committee at least 30 days prior to (18 months from the effective date of this amendment);

2. (No change.)

3. A New Jersey certified advanced practice nurse, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional counselor, [all of whom shall be certified as clinical supervisors by] who holds a current Certified Clinical Supervisor (CCS) certification from an ICRC member board[s].

(b)-(k) (No change.)

13:34C-6.3 Clinical supervision of a supervised practice for certified alcohol and drug counselors

(a) The following individuals may be qualified clinical supervisors of certified alcohol and drug counselors:

1. A New Jersey licensed clinical alcohol and drug counselor[;]. Effective (18 months from the effective date of this amendment), to be a qualified clinical supervisor, a New Jersey licensed clinical alcohol and drug counselor shall hold a current Certified Clinical Supervisor (CCS) certification from an ICRC member board.

i. A New Jersey licensed clinical alcohol and drug counselor who, prior to (18 months from the effective date of this amendment),was engaging in clinical supervision and is unable, due to extenuating circumstances, to obtain the CCS certification by (18 months from the effective date of this amendment), may apply for an extension. If the Committee determines that the licensee is unable to obtain the CCS certification due to extenuating circumstances, the Committee shall grant the licensee an extension. Such application shall be filed with the Committee at least 30 days prior to (18 months from the effective date of this amendment);

2. (No change.)

3. A New Jersey certified advanced practice nurse, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional counselor, [all of whom shall be certified as  clinical supervisors by] who holds a current Certified Clinical Supervisor (CCS) certification from an ICRC member board[s].

(b)-(m) (No change.)