Rule Proposal

​VOLUME 49, ISSUE 19
ISSUE DATE: OCTOBER 2, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS
ALCOHOL AND DRUG COUNSELOR COMMITTEE

Proposed Changes: N.J.A.C. 13:34C-5.2(d)

Click here to view Interested Persons Statement

Notice of Proposed Substantial Changes Upon Adoption to Proposed Amendments
 
Continuing Education Contact Hour Requirements: Legal Standards Related to the Practice of Alcohol and Drug Counseling in New Jersey
 
Proposed: October 17, 2016, at 48 N.J.R. 2118(a).
 
Authorized By: State Board of Marriage and Family Therapy Examiners, Ben K. Beitin, Ph.D, President.
 
Authority: N.J.S.A. 45:2D-1 et seq.
 
Submit written comments by December 1, 2017, to:
 
   Milagros Collazo, Executive Director
   State Board of Marriage and Family Therapy Examiners
   PO Box 45040
   124 Halsey Street
   Newark, New Jersey 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment
 
   Take notice that the State Board of Marriage and Family Therapy Examiners (Board), in consultation with the Alcohol and Drug Counselor Committee (Committee), proposed amendments to N.J.A.C. 13:34C-5.2(d) on October 17, 2016, at 48 N.J.R. 2118(a), to require licensed clinical alcohol and drug counselors and certified alcohol and drug counselors to complete six required contact hours of continuing education in legal standards related to the practice of alcohol and drug counseling in New Jersey in each biennial renewal period. The public comment period closed on December 16, 2016.

The Board is proposing substantial changes to the amendment in response to comments received. A summary of the comments that prompted changes, and the agency response to these comments, is provided below. This notice of proposed substantial changes is published pursuant to N.J.S.A. 52:14B-4.10.

Comments were received from:

1. Diane Utterer, MPA, CPS, CEO & Executive Director, and Anthony Polizzi, LCADC, Lead Trainer, New Jersey Prevention Network; and

2. Elizabeth A. Conte, LPC, LCADC, ACS, Doctoral Candidate, Montclair State University, Division of Mental and Addiction Services, Office of Treatment and Recovery Support, Clinical Workforce Development Specialist.

1. COMMENT: One commenter supports the proposed requirement for licensees and certificate holders to complete during each biannual renewal period six continuing education hours on legal standards related to the practice of alcohol and drug counseling in New Jersey.

RESPONSE: The Committee thanks the commenter for its support.

2. COMMENT: Two commenters noted that the number of approved trainers on this topic has diminished greatly over the course of the past decade. One of the commenters believes that, due to the recommended change, there will be a significant increase in the need for additional approved trainers. The commenter suggests that the Committee expand the roster of active, clinical, and diverse trainers on the approved list of continuing education providers.

RESPONSE: The Committee notes that it does not approve individual trainers and is aware that the number of offerings for this course has declined over the years. In accordance with N.J.A.C. 13:34C-5.4, the Committee recognizes the following continuing education courses and programs: those approved by a regionally accredited institution of higher learning, the APCBNJ or any other ICRC member board; NAADAC, the Association for Addiction Professionals; American Society on Addiction Medicine; National Board of Certified Counselors; the American Counseling Association; the American Psychological Association; the American Psychiatric Association; the National Association of Social Workers; the American Association for Marriage and Family Therapy; the National Council on Compulsive Gambling; and the American Compulsive Gambling Counselor Certification Board. The Committee will work with these sponsors and others to provide additional training and outreach so that all those interested in providing the continuing education hours in legal standards related to the practice of alcohol and drug counseling in New Jersey are able to do so.
 
Summary of Agency-Initiated Changes:

The Committee believes that during each biennial period licensees and certificate holders should take continuing education in legal standards related to the practice of alcohol and drug counseling in New Jersey. The Committee believes, however, that after the initial biennial period, licensees and certificate holders need to take, as a refresher, only three credits of the legal standards related to the practice of alcohol and drug counseling in New Jersey. In order to provide additional time to work with the sponsors and others to increase the number of offerings of this course, the Committee also proposes that the requirement for [page=3330] licensees and certificate holders to complete three credits of legal standards related to the practice of alcohol and drug counseling in New Jersey in each biennial period will begin with the biennial period commencing August 1, 2018. In addition, to provide licensees and certificate holders with more flexibility and more options throughout the State to take the required course, the Committee proposes to specify that in-person instruction includes webinars that are live (not previously recorded) and synchronous (the instructor and licensee or certificate holder interact with each other in real time). Consistent with its long-standing practice, the Committee also proposes to specify that the course in legal standards related to the practice of alcohol and drug counseling in New Jersey must be Committee-approved.
 
Effect of Proposed Changes on Impact Statements Included in Original Proposal

The Committee believes that the proposed substantial changes on adoption may have a positive economic impact on licensees and certificate holders to the extent that satisfying continuing education hours on legal standards related to the practice of alcohol and drug counseling in New Jersey through live, synchronous webinars may be less expensive. The Committee further believes that the proposed amendments may have a small impact on continuing education providers. Continuing education providers that develop live, synchronous webinar programs may be able to offset a loss, if any, of revenues from decreased attendance at live events. Although the tuition for webinars may be lower than for live events, webinars may attract more students than live events because of their convenience. In addition, the Committee believes that the proposed amendment may have a positive social impact upon licensees and certificate holders by giving them more freedom to choose the source of, and more options for taking, their continuing education credits for legal standards related to the practice of alcohol and drug counseling in New Jersey. The proposed substantial changes on adoption will not affect the Jobs or Agriculture Industry Impacts; the Federal Standards Statement; or the Regulatory Flexibility, Housing Affordability, or Smart Growth Development Impact Analyses as published in the original notice of proposal.
 
Full text of the proposed substantial changes to the proposed amendments follows (additions to proposal indicated in italicized boldface thus; deletions from proposal indicated in italicized cursive brackets [thus]):
 
SUBCHAPTER 5.    CONTINUING EDUCATION
 
13:34C-5.2    Continuing education contract hour requirements
 
(a)-(c) (No change.)
 
(d) All licensees and certificate holders shall complete at least six required contact hours of a Committee-approvedcontinuing education coursein legal standards related to the practice of alcohol and drug counseling in New Jersey [[]during the initial biennial period[]]. Beginning August 1, 2018, for each biennial period after the initial biennial period, all licensees and certificate holders shall complete at least three required contact hours of a Committee-approved continuing education course in legal standards related to the practice of alcohol and drug counseling in New Jersey.
 
1. These [six] contact hours may be used towards the required continuing education hours set forth in N.J.A.C. 13:34C-5.1.
 
2. These [six] contact hours shall focus on N.J.S.A. 45:1-1 through 45:1-[32]55 and 45:2D-1 through 45:2D-17 and this chapter.
 
3. These contact hours shall require in-person instruction, which includes webinars that are live (not previously recorded) and synchronous (the instructor and licensee or certificate holder interact with each other in real time).
 
4. An individual is not precluded from completing [this requirement] the six required contact hours for the initial biennial period 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)-(f) (No change from proposal.)