Rule Proposal

 Expand sectionInterested Persons Statement

Agency LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF PSYCHOLOGICAL EXAMINERS

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:42-8.1

Text

Client Records for Minors Authorized By: Board of Psychological Examiners, Indira Nunez, 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 2020-107.

Submit comments by January 1, 2021, to:

Indira Nunez, Executive Director 

State Board of Psychological Examiners

 124 Halsey Street 

PO Box 45017

 Newark, New Jersey 07101

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

The agency proposal follows:

Summary

N.J.A.C. 13:42-8.1 requires licensed psychologists to retain client records for at least seven years from the date of the last entry. Given that psychological care provided to minors can significantly affect them and to ensure that records of such care are available to patients well after they are no longer minors, the Board of Psychological Examiners (Board) proposes to amend N.J.A.C. 13:42-8.1 to require that a licensee retain records for a minor for seven years from the date of the last entry or until the client turns 25 years of age, whichever is longer.

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 amendment will help to protect minors who receive psychological services in that the proposed amendment will ensure that the records of such services are retained until well after the client is no longer a minor. This will afford clients sufficient time to obtain records of services provided while they were minors, if such records become relevant to services the client receives later in life.

Economic Impact

The proposed amendment will impose recordkeeping costs on licensees who will need to retain records of psychological services provided to minors for a longer period of time than that required by the existing rule.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment.

Jobs Impact

The Board does not believe that the proposed amendment will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed amendment will have an impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Since licensees are individually licensed by the Board under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The proposed amendment will have the same economic impact on small businesses as it will on all businesses, as detailed in the Economic Impact above. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendment. The proposed amendment imposes no reporting requirements but imposes compliance and recordkeeping requirements upon licensees, as detailed in the Summary and Economic Impact above.

The proposed amendment ensures that client records for minors are retained at least until minors have turned 25 years old; therefore, no differing compliance requirements are provided to licensed psychologists based upon the size of a business.

Housing Affordability Impact Analysis

The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns recordkeeping requirements for licensed psychologists.

Smart Growth Development Impact Analysis

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment would evoke a change in housing production in Planning Areas 1 or 2, or [page=1991] within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendment concerns recordkeeping requirements for licensed psychologists.

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):

SUBCHAPTER 8. CLIENT RECORDS: CONFIDENTIALITY

13:42-8.1 Preparation and maintenance of client records

(a)-(f) (No change.)

(g) The licensee shall retain the permanent client record for at least seven years from the date of last entry, unless otherwise provided by law. Records for minors shall be kept for seven years from the date of the last entry or until the client turns 25 years old, whichever is longer, unless otherwise provided by law.

(h) (No change.)