51 N.J.R. 1247(a)

VOLUME 51, ISSUE 15, AUGUST 5, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1247(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 5, 2019  >  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 > PROFESSIONAL COUNSELOR EXAMINERS COMMITTEE

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:34-10.2, 13.1, 15.1, 15.2, 18.6, 24.2, 27.6, and 31.2
Text

Supervisor Qualifications; Continuing Education Requirements; Minors; Custody/Parenting Time Evaluations

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

Authority: N.J.S.A. 45:8B-13 and 34 et seq.

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

Proposal Number: PRN 2019-111.

Submit written comments by October 4, 2019, to:

   Milagros Collazo, Executive Director
   State Board of Marriage and Family Therapy Examiners
   PO Box 45007
   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 (Board), through its Professional Counselor Examiners Committee (Committee), is proposing amendments to the requirements for qualified supervisors and continuing education, maintaining confidentiality for patients who are minors, and to specify the scope of a custody/parenting time evaluation.

To enhance the overall quality of supervision, the Committee believes that qualified supervisors should have additional work experience prior to supervising licensed associate counselors. The Committee, therefore, proposes to amend the definition of "qualified supervisor" at N.J.A.C. 13:34-10.2 and the requirements to become a qualified supervisor set forth at N.J.A.C. 13:34-13.1 to increase from two to three years the amount of work experience subsequent to holding a clinical license that an individual must have before supervising a licensed associate counselor. In addition, the Committee proposes limiting to licensed professional counselors, marriage and family therapists, psychologists, psychiatrists, and social workers, the mental health professionals that may supervise licensed associate counselors. The Committee is not including licensed alcohol and drug counselors because their scope of practice is more limited than that of professional counselors. The Committee, however, also proposes new N.J.A.C. 13:34-13.1(b) to specify that any mental health professional, including a licensed alcohol and drug counselor, who, prior to the effective date of the proposed amendment, the Committee deemed to be a qualified supervisor will continue to be allowed to supervise the provision of professional counseling services.

The Committee also proposes to amend the definition of "qualified supervisor" to be consistent with N.J.A.C. 13:34-13.1(a)2 to specify that the Committee requires a qualified supervisor to have a clinical supervisor certificate from the National Board for Certified Counselors for Credentialing and Education or an equivalent clinical supervisor credential recognized by the individual's respective professional healthcare licensing board, and to delete specific reference to the clinical supervisor's certificate from the American Association of Marriage and Family Therapy. The Committee will also continue to accept three graduate credits in clinical supervision from a regionally accredited institution of higher education.
The Committee proposes to amend N.J.A.C. 13:34-13.1(a)2 to delete the effective date, which has passed. In addition, the Committee proposes to amend recodified N.J.A.C. 13:34-13.1(g) to amend the limitation on the number of individuals who can be supervised at any one time to include all mental health professionals under supervision, not solely professional counselors. The Committee also proposes to clarify that for purposes of this limitation, mental health professionals shall not include those who are licensed to engage in independent practice.

The Committee proposes to amend its continuing education requirements at N.J.A.C. 13:34-15.1 and 15.2 to require all licensed professional counselors, beginning during the initial period of licensure, to satisfy the biennial continuing education requirements. The Committee believes that because the requirement to satisfy the biennial continuing education requirements commences in the second biennial period for associate counselors, it should not be interrupted once the individual becomes licensed as a professional counselor. The Committee proposes that this change should become effective for the biennial renewal period commencing on December 1, 2020.

To implement P.L. 2017, c. 341, which became effective on January 16, 2018, and requires the Committee to require its licensees to take at least one continuing education credit of educational programs or topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion, the Committee is proposing new N.J.A.C. 13:34-15.2(c) and 24.2(d). The Committee proposes that this requirement commence for the biennial period beginning December 1, 2018. The Committee also proposes that this one credit is not eligible for carry-over to the next biennial period as provided for in recodified N.J.A.C. 13:34-24.2(e).

P.L. 2015, c. 287, known as the "Boys and Girls Keystone Law" and which became effective on January 19, 2016, amends N.J.S.A. 9:17A-4, concerning a minor's consent for behavioral health care. The Committee proposes to amend N.J.A.C. 13:34-18.6 and 27.6 to reference this statutory provision.

The Committee proposes amending the definitions at N.J.A.C. 13:34-31.2 to include a definition of "custody/parenting time evaluation." The Committee is proposing the same definition that appears in the Board of Social Work Examiners rules at N.J.A.C. 13:44G-13.1. The Committee believes that providing such a definition will help licensees understand that the evaluation should provide comprehensive, objective, and impartial information.

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

Social Impact

The Committee believes that the proposed amendments will have a positive social impact upon licensees and their clients. The proposed amendments to N.J.A.C. 13:34-10.2 and 13.1, concerning the qualifications of qualified supervisors, will have a positive impact by enhancing the quality of licensed professional counselors performing [page=1248] clinical supervision duties in New Jersey. The proposed amendments to N.J.A.C. 13:34-15.2 and 24.2 to require licensees to take at least one credit of continuing education in prescription opioid drugs, will have a positive social impact as ongoing education concerning the recognition of opioid addiction is an essential component to preventing drug diversion and prescription drug abuse. In addition, the proposed amendments to N.J.A.C. 13:34-31.2 will ensure that licensed professional counselors and their clients understand what a custody/parenting time evaluation entails.

Economic Impact

The proposed amendments to N.J.A.C. 13:34-15.1 and 15.2 will have an economic impact on licensed professional counselors because they will incur the costs associated with obtaining the required continuing education credits for one additional biennial renewal period. The Committee believes that any economic impact upon licensed professional counselors is outweighed by the benefit to the public of enhancing the provision of professional counseling services through continuing education.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:8B-34 et seq., and are not subject to any Federal requirements or standards.

Jobs Impact

The Committee does not anticipate that the proposed amendments will 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 the State.

Regulatory Flexibility Analysis

Currently, the Committee licenses approximately 4,460 professional counselors, 2,220 associate counselors, and 120 rehabilitation counselors. Since licensed professional counselors and rehabilitation counselors are individually licensed by the Committee, they may be considered "small businesses" under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq. Associate professional counselors may not engage in independent practice and, therefore, cannot be considered "small businesses."

The proposed amendments will continue to impose compliance requirements upon licensees as detailed in the Summary above. The proposed amendments do not impose any new reporting or recordkeeping requirements. The Committee does not believe that any professional services will be needed to comply with the proposed amendments. The costs of compliance are discussed in the Economic Impact statement above. The Committee 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 professional counseling 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 rules would evoke a change in the average costs associated with housing because the proposed amendments concern the provision of professional counseling services.

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 provision of professional counseling services.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Committee 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.

Regulations

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

SUBCHAPTER 10. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE

13:34-10.2    Definitions

The following words and terms, as used in N.J.A.C. 13:34-10 through 19, shall have the following meanings, unless the context clearly indicates otherwise.
…

"Qualified supervisor" means an individual who holds a clinical license to [provide mental health counseling services] engage in the practice of professional counseling, marriage and family therapy, psychology, psychiatry, or social work for a minimum of [two] three years in the state where the services are being provided, and who has:
1. A clinical supervisor's certificate from the National Board for Certified Counselors Center for Credentialing and Education or its successor [or the American Association of Marriage and Family Therapy or its successor]; [or]

2. An equivalent clinical supervisor credential recognized by the individual's respective professional healthcare licensing board; or

[2.] 3. (No change in text.)

A "qualified supervisor" shall satisfy all requirements set forth in N.J.A.C. 13:34-13.1.

…

SUBCHAPTER 13. ASSOCIATE COUNSELORS: SUPERVISION

13:34-13.1    Supervisor qualifications; supervisor responsibilities

(a) A qualified supervisor, as defined in N.J.A.C. 13:34-10.2, shall meet the following requirements prior to supervising the provision of professional counseling services:
1. The individual shall have obtained [3,000] 4,500 hours of work experience subsequent to holding a clinical license to provide mental health counseling services. The [3,000] 4,500 hours shall have been obtained over a minimum of [two] three years, but no more than six years; and

2. [On or after October 5, 2011, the] The individual shall hold an approved clinical supervisor credential from the Center for Credentialing and Education of the National Board for Certified Counselors (NBCC) or an equivalent clinical supervisor credential recognized by the individual's respective professional healthcare licensing board, if applicable, or shall have completed a minimum of three graduate credits in clinical supervision from a regionally accredited institution of higher education.

(b) Notwithstanding (a) above or the definition of "qualified supervisor", an individual who, as of (the effective date of this amendment), was deemed a qualified supervisor by the Committee shall continue to be allowed to supervise the provision of professional counseling services in accordance with this chapter.

Recodify existing (b)-(e) as (c)-(f) (No change in text.)

[(f)] (g) A qualified supervisor shall not supervise more than a total of six mental health [counselors] professionals at any one time. For purposes of this subsection, mental health professionals shall not include those mental health professionals who are licensed to engage in independent practice.

Recodify existing (g)-(l) as (h)-(m) (No change in text.)

SUBCHAPTER 15. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CONTINUING EDUCATION

13:34-15.1    License renewal and continuing education requirement

(a) All licensed professional counselors shall complete 40 contact hours of continuing education for license renewal[, except during the period of initial licensure as provided in N.J.A.C. 13:34-15.2(a)] (effective the biennial renewal period commencing on December 1, 2020). The licensed professional counselor shall confirm on the renewal application that the licensee has completed all continuing education [page=1249] requirements pursuant to N.J.A.C. 13:34-[15.1 and ]15.2 and this section during the biennial period preceding application for renewal.

(b) (No change.)

13:34-15.2    Contact-hour requirements for licensed professional counselors

[(a) A professional counselor shall not be required to obtain continuing education contact hours during the period of initial licensure prior to the professional counselor's first biennial renewal period, but shall be subject to the requirements of N.J.A.C. 13:34-15.1 for all subsequent biennial renewal periods.]

Recodify existing (b)-(c) as (a)-(b) (No change in text.)

(c) Commencing with the biennial renewal period beginning on December 1, 2018, at least one of the 40 contact hours of continuing education shall, pursuant to P.L. 2017, c. 341, be in educational programs or topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion. This one credit shall not be eligible for carry-over as described in (e) below.

(d)-(e) (No change.)

SUBCHAPTER 18. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

13:34-18.6    Minors

(a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative, as defined at N.J.A.C. 13:34-18.3(a). [When] Except as provided for at N.J.S.A. 9:17A-4, when the client is more than 14 years of age, but has not yet reached the age of majority, the authorization shall be signed by the client and by the client's parent or legal guardian, pursuant to N.J.S.A. 45:14B-36(e).

(b) This section shall not require a licensee to release to a minor's parent or guardian records or information relating to the minor's sexually transmitted disease, termination of pregnancy or substance abuse, treatment considered confidential information in accordance with N.J.S.A. 9:17A-4, or any other information that in the reasonable exercise of the licensee's professional judgment may adversely affect the minor's health or welfare.

(c)-(d) (No change.)

SUBCHAPTER 24. REHABILITATION COUNSELORS: CONTINUING EDUCATION

13:34-24.2    Contact-hour requirements for licensed rehabilitation counselors

(a)-(c) (No change.)

(d) Commencing with the biennial renewal period beginning on December 1, 2018, at least one of the 40 contact hours of continuing education shall, pursuant to P.L. 2017, c. 341, be in educational programs or topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion. This one credit shall not be eligible for carry-over as described in (e) below.

[(d)] (e) (No change in text.)

SUBCHAPTER 27. REHABILITATION COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

13:34-27.6    Minors

(a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative, as defined at N.J.A.C. 13:34-27.3(a). [When] Except as provided for at N.J.S.A. 9:17A-4, when the client is more than 14 years of age, but has not yet reached the age of majority, the authorization shall be signed by the client and by the client's parent or legal guardian, pursuant to N.J.S.A. 45:14B-36(e).

(b) This section shall not require a licensee to release to a minor's parent or guardian records or information relating to the minor's sexually transmitted disease, termination of pregnancy or substance abuse, treatment considered confidential information in accordance with N.J.S.A. 9:17A-4, or any other information that in the reasonable exercise of the licensee's professional judgment may adversely affect the minor's health or welfare.

(c)-(d) (No change.)

SUBCHAPTER 31. PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS

13:34-31.2    Definitions

[As used in] For purposes of this subchapter, ["licensee"] the following terms shall have the following meanings, unless the context clearly indicates otherwise.

"Custody/parenting time evaluation" means the analysis performed by a licensed professional counselor to provide comprehensive, objective, and impartial information to the court or to attorneys, which assists in making decisions as to custody/parenting time arrangements that will best provide for the needs of the minor child(ren) involved.
"Licensee" means a licensed professional counselor.