54 N.J.R. 406(a)

VOLUME 54, ISSUE 5, MARCH 7, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 406(a)
NJ - New Jersey Register  >  2022  >  MARCH  >  MARCH 7, 2022  >  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 PSYCHOLOGICAL EXAMINERS

Administrative Code Citation


Proposed Amendment: N.J.A.C. 13:42-4.1
Text

  Supervised Practical Experience Prior to Receiving a Doctoral Degree
Authorized By: Board of Psychological Examiners, Edie Nugent, Executive Director.
Authority: N.J.S.A. 45:14B-13.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2022-027.
Submit comments by May 6, 2022, to:
Edie Nugent, Executive Director
State Board of Psychological Examiners
124 Halsey Street
PO 45017
Newark, New Jersey 07101
or electronically at:   http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
N.J.S.A. 45:14B-17 requires an applicant for licensure as a psychologist to complete two years of professional experience in the practice of psychology under the supervision of a licensed psychologist or an individual who is eligible for licensure in the opinion of the Board of Psychological Examiners (Board). P.L. 2020, c. 134, revised N.J.S.A. 45:14B-17, so that an applicant who applies for licensure after October 1, 2020, may complete the required two years of professional experience prior to the applicant receiving a doctoral degree. P.L. 2020, c. 134, also permits an applicant who submitted an application prior to December 14, 2020, but who has not yet obtained a license, to update the application to apply professional experience completed prior to the applicant receiving a doctoral degree towards the two years of professional experience required to obtain a license.  
The Board proposes to amend N.J.A.C. 13:42-4.1 to effectuate the provisions at P.L. 2020, c. 134. The proposed amendments remove a provision that required that at least one year of professional experience be completed subsequent to the applicant receiving a doctoral degree. The proposed amendments also specifically recognize that applicants may complete the required two years of professional experience prior to receiving a doctoral degree and permit pending applicants to satisfy the professional experience requirement through experience completed prior to receiving a doctoral degree.  
The Board 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 proposed amendments may benefit applicants for licensure who can complete the required professional experience prior to obtaining a doctoral degree and obtain a license after graduating and passing the licensure examinations. The proposed amendments may have a negative impact in that applicants who have graduated, are currently permitted to work under supervision pursuant to a permit issued by the Board while they wait to take, and find out if they have passed, licensure examinations. Pursuant to N.J.S.A. 45:14B-6, such a permit is only available to individuals who are completing the professional experience requirement. Applicants who completed the professional experience requirement prior to obtaining a doctoral degree would not qualify for a permit and could not provide psychological services until they have obtained a license from the Board.  
Economic Impact  
The proposed amendments may have a negative impact on applicants waiting to take, and finding out if they passed, licensure examinations. Such applicants would not be permitted to provide psychological services under supervision if they have completed the required professional experience prior to obtaining doctoral degrees. Currently, applicants must obtain a permit from the Board to complete the professional experience requirement and they are able to earn an income from the provision of such services while they await the results of the licensure examinations. This opportunity for earning income will be foreclosed to applicants who complete professional experience prior to obtaining a doctoral degree. The proposed amendments would have a positive impact in that applicants who complete the required professional experience prior to graduating and who take and pass the licensing examination soon after graduation would be able to begin professional practice sooner than under the existing rules which require applicants to obtain one year of professional experience after graduation. Typically, a licensee earns more for professional services than the holder of a temporary license would earn.  
Federal Standards Statement  
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.  
Jobs Impact  
The Board does not believe that the proposed amendments will result in the creation or loss of jobs in the State.  
Agriculture Industry Impact  
The Board does not believe that the proposed amendments will have an impact on the agriculture industry in the State.  
Regulatory Flexibility Statement  
The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types, and an estimate of the number, of small businesses to which the rulemaking will apply. A regulatory flexibility analysis is not required because the proposed amendments only apply to applicants for licensure who are not considered "small businesses" because they do not yet have a license to practice psychology.  
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 professional experience requirements for applicants for licensure as psychologists.  
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 professional experience requirements for applicants for licensure as psychologists.  
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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 4.   SUPERVISION OF CANDIDATES FOR LICENSURE  
13:42-4.1     Amount of supervision required  
(a) An applicant for licensure shall be required to document the competent performance of at least two years of full time or [full time]   full-time equivalent supervised experience in the practice of psychology[, at least one year of which shall have been completed subsequent to the applicant's receipt of his or her doctoral degree].  
(b) (No change.)  
(c)   Pursuant to P.L. 2020, c. 134, an individual who applies for a license after October 1, 2020, may complete the two years of full-time or full-time equivalent supervised experience in the practice of psychology prior to the individual's receiving a doctoral degree.  
(d) Pursuant to P.L. 2020, c. 134, an applicant who has submitted an application to the Board, but who has not obtained a license prior to December 14, 2020, may update the application to apply professional experience earned prior to the applicant receiving a doctoral degree towards the required two years of full-time or full-time equivalent supervised experience in the practice of psychology.