53 N.J.R. 2132(a)

VOLUME 53, ISSUE 24, DECEMBER 20, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 2132(a)
NJ - New Jersey Register  >  2021  >  DECEMBER  >  DECEMBER 20, 2021  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:34-2.2 and 3.3
Text

  Associate Marriage and Family Therapist: Requirements for Licensure; Responsibilities of Qualified Supervisors
Authorized By: Board of Marriage and Family Therapy Examiners, Milagros Collazo, Executive Director.
Authority: N.J.S.A. 45:8B-13.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-119.
Submit comments by February 18, 2022, to:

Milagros Collazo, Executive Director
Board of Marriage and Family Therapy Examiners
PO Box 45007
124 Halsey Street
Newark, New Jersey 07101

or electronically:   http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:
Summary
In response to a petition for rulemaking, the State Board of Marriage and Family Therapy Examiners (Board), proposes to delete N.J.A.C. 13:34-2.2(a)6 to remove the requirement to submit a written plan of supervision as a precondition for licensure as an associate marriage and family therapist. In addition, the Board proposes to add N.J.A.C. 13:34-3.3(k) to specify that it is the responsibility of a qualified supervisor to create a written plan of supervision. In accordance with N.J.S.A. 45:8B-18.2, the proposed amendments to N.J.A.C. 13:34-2.2 and new 3.3(l), specify that the written plan for supervision of the licensed associate marriage and family therapist must be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist.  
On April 28, 2021, the Board received a petition for rulemaking on behalf of the New Jersey Association of Marriage and Family Therapy (NJAMFT) Legislative Committee from Rhonda Ondov, LMFT, Consultant; Jaime Gilmore, LMFT, Acting Legislative Chair; Ray Blume LMFT, Southern Chapter; Milira Cox, LMFT, Northern Chapter; and Irene Sullivan, LAMFT, Northern Chapter. The petitioners requested that the Board amend N.J.A.C. 13:34-2.2 to eliminate the requirement that a plan of supervision be submitted as part of the application for licensure as an associate marriage and family therapist.  
A notice acknowledging receipt of the petition was published in the New Jersey Register on June 7, 2021, at 53 N.J.R. 1027(a). The Board considered the petition for rulemaking at the open public session of its June 10, 2021 meeting, and referred this petition to a committee for further deliberation in order to develop a better understanding of the implications this request would have for licensees and the public. A notice acknowledging the Board's action on June 10, 2021, was filed with the Office of Administration Law and was published in the New Jersey Register on July 19, 2021, at 53 N.J.R. 1232(a).  
On July 8, 2021, the Board determined to grant the petition and initiate a rulemaking proceeding. The Board agreed with the petitioner that requiring a plan for supervision as a precondition for licensure as an associate marriage and family therapist may impede some applicants from seeking licensure. Additionally, the Board notes that changing the timing of when the plan of supervision is submitted to the Board for approval will not have any impact on the public because, in accordance with N.J.S.A. 45:8B-18.2, the written plan for supervision of the licensed associate marriage and family therapist still must be approved by the Board prior to [page=2133] the performance of counseling by the licensed associate marriage and family therapist.  
The Board proposes to delete N.J.A.C. 13:34-2.2(a)6, which requires an applicant for licensure as an associate marriage and family therapist to submit a plan of supervision. The Board also proposes to add new N.J.A.C. 13:34-2.2(f) to specify the statutory requirement that the written plan for supervision of the licensed associate marriage and family therapist shall be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist.  
In addition, the Board proposes new N.J.A.C. 13:34-3.3(k) to specify that a qualified supervisor is responsible for creating a written plan for supervision with the licensed associate marriage and family therapist. As specified at existing N.J.A.C. 13:34-2.2(a)6, the supervision plan must include a detailed job description and location(s) where client contact and supervision will occur. The Board also proposes new N.J.A.C. 13:34-3.3(l) to set forth the statutory requirement that the written plan of supervision must be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist. The Board believes that the inclusion of this statutory requirement at both N.J.A.C. 13:34-2.2 and 3.3 clearly notifies both licensed associate marriage and family therapists and qualified supervisors of the statutory requirement that the written plan of supervision must be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist.  
The Board has 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 Board believes that the proposed amendments will have a positive social impact upon licensed associate marriage and family therapists without any harm to the public. The amendments will allow associate therapists to launch their careers sooner. Changing the timing of when a plan of supervision must be submitted to the Board for approval will facilitate licensed associate marriage and family therapists to find a work setting to obtain the required supervised experiential hours.  
Economic Impact  
The Board believes that the proposed amendments will have a positive economic impact on licensed associate marriage and family therapists to the extent that removing a proposed plan of supervision as a precondition of licensure facilitates finding a work setting to obtain the required supervised experiential hours, which will lead to independent practice as a licensed marriage and family therapist more expeditiously. The Board does not believe that the proposed amendments will have any economic impact on the public.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:8B-1 et seq., and are not subject to any Federal requirements or standards.  
Jobs Impact  
The Board does not believe that the proposed amendments will either increase or decrease the number of jobs in the State.  
Agriculture Industry Impact  
The proposed amendments will have no impact on the agriculture industry in this State.  
Regulatory Flexibility Analysis  
The Board licenses approximately 600 marriage and family therapists and 180 associate marriage and family therapists. If licensed marriage and family therapists 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. Associate marriage and family therapists may not engage in independent practice and, therefore, cannot be considered "small businesses."  
The proposed amendments will impose new compliance requirements on those licensed marriage and family therapists who are qualified supervisors as detailed in the Summary above. The Board notes that, in accordance with N.J.A.C. 13:34-2.4(a), because qualified supervisors may include other State licensed mental health care professionals, such as licensed clinical social workers and psychologists, the new compliance requirements for qualified supervisors will also impact them. The proposed amendments will not impose any new reporting or recordkeeping requirements. The Board does not believe that any professional services will be needed to comply with the proposed amendments. The Board does not believe that there are any costs of compliance with the proposed amendments. The Board believes that the proposed amendments should be uniformly applied to all licensees in order to ensure the health, safety, and welfare of New Jersey consumers who seek marriage and family therapy services. 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 the licensure of associate marriage and family therapists.  
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 the licensure of associate marriage and family therapists.  
Racial and Ethnic Community Criminal Justice and Public Safety Impact  
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.  
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):  
SUBCHAPTER 2.   REQUIREMENTS FOR LICENSURE; APPLICATION PROCEDURES  
13:34-2.2    Associate marriage and family therapist: requirements for licensure; licensure procedure  
(a) An applicant for licensure as a practicing associate marriage and family therapist shall satisfy the following requirements:  
1.-5. (No change.)  
[6. The applicant shall submit a clinical marriage and family therapy plan of supervision, which shall include a detailed job description and the location(s) where client contact and supervision will occur;]  
Recodify existing 7.-9. as 6.-8. (No change to text.)  
(b)-(e) (No change.)  
  (f) Pursuant to N.J.S.A. 45:8B-18.2, the written plan for supervision of the licensed associate marriage and family therapist must be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist.  
SUBCHAPTER 3.   SUPERVISION  
13:34-3.3    Responsibilities of qualified supervisors  
(a)-(j) (No change.)  
  (k) A qualified supervisor shall be responsible for creating a written plan for supervision with the licensed associate marriage and family therapist. The supervision plan shall include a detailed job description and location(s) where client contact and supervision will occur.  
  (l) The written plan of supervision must be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist.