51 N.J.R. 1337(a)

VOLUME 51, ISSUE 16, AUGUST 19, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1337(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 19, 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

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:34-1.1, 1.8, 2, 3.1, 3.3, 3.4, 4.3, 5.1, 5.2, 6.1, 6.7, 7.1, 9.3, 9.4, 9.5, and 9A

Proposed New Rules: N.J.A.C. 13:34-2.2, 2.7, and 5.3

Proposed Repeal: N.J.A.C. 13:34-3.2

Text

Licensed Associate Marriage and Family Therapist Rules; Continuing Education; Professional Misconduct

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

Authority: N.J.S.A. 45:8B-13; and P.L. 2017, c. 341 and P.L. 2017, c. 350.

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

Proposal Number: PRN 2019-118.

Submit comments by October 18, 2019, 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

The Board of Marriage and Family Therapy Examiners (Board) is proposing amendments and new rules to implement P.L. 2017, c. 350, which established licensure for associate marriage and family therapists and repealed the provisions concerning temporary permits. In addition, the Board is proposing amendments to implement P.L. 2017, c. 341, which established mandatory continuing education requirements concerning opioid drugs and to update existing rules.

P.L. 2017, c. 350 repealed the temporary permit structure, which provided for a single, three-year permit to accrue experiential hours towards licensure as a marriage and family therapist and replaced it with an associate marriage and family therapist license. This associate license is valid for a two-year period and may be renewed for up two renewal periods, affording applicants up to six years to obtain the required experience.

To implement P.L. 2017, c. 350, the Board proposes amendments to the rules at N.J.A.C 13:34 to remove all references to temporary permit holders, to change all references from temporary permit holders to associate marriage and family therapists, and to differentiate, where necessary, between licensed marriage and family therapists and licensed associate marriage and family therapists.

The Board proposes to amend the fee schedule at N.J.A.C. 13:34-1.1 to include the initial licensing and biennial renewal fees for associate marriage and family therapists. The Board proposes an initial and biennial registration fee of $ 180.00. The initial registration fee is prorated for an associate marriage and family therapist that registers during the second year of the biennial registration period. These fees have been set at the level calculated to discharge the duties of the Board, given the estimate of 175 individuals that will be seeking licensure. Because the licensed associate marriage and family therapists are now able to renew their associate license, as with marriage and family therapists, they are also subject to a late fee if they do not timely renew their license. In addition, the Board proposes to delete the examination fee, which applicants pay directly to the administrator of the National Marriage and Family Therapy Examination and is no longer charged by the Board directly to applicants for licensure. In accordance with P.L. 2017, c.350, which repealed the provisions concerning temporary permits, the Board proposes to delete the temporary permit fee.

The Board proposes to amend the heading of N.J.A.C. 13:34-1.8 to include notification of disciplinary action. The Board also proposes new subsection (d) to define "address of record" and to amend subsections (a) and (b) to change the reference of "address on file with the Board" to "address of record." The definition of "address of record" is consistent with information provided to licensees and applicants on the Division of Consumer Affairs' applications and forms. The definition informs licensees and applicants for licensure that the address of record is public information that will be disclosed to the public, upon request. In addition, the definition makes it clear that a post office box may be used as an address of record only if a street address is also provided to the Board.

The Board proposes to amend the heading of N.J.A.C. 13:34-2.1 to clarify that the rule contains the requirements for licensure and licensure procedure for marriage and family therapists. Proposed new N.J.A.C. 13:34-2.2 sets forth the requirements for licensure and licensure procedure for associate marriage and family therapists. Subsection (a) delineates the requirements to apply to the Board to become an associate marriage and family therapist. Subsection (b) provides that the applicant must pay the required licensure fee upon notification from the Board that his or her application for licensure has been approved. Subsection (c) provides that an application will be deemed abandoned and closed if it is not completed by the applicant within 12 months after it was received by the Board and subsection (d) specifies that if an application is submitted subsequent to the abandonment of a prior application, it will be treated as a new [page=1338] application and must comply with all of the requirements set forth in subsection (a), including a new application fee. In accordance with N.J.S.A. 45:8B-18.1, subsection (e) provides that an associate marriage and family therapist license may be renewed only twice.

The Board proposes to amend recodified N.J.A.C. 13:34-2.3 to codify the existing educational requirements consistent with the Board's application for a temporary permit, which is now an application for an associate marriage and family therapist. Specifically, the Board proposes to specify at new paragraph (b)4 that the applicant must take two courses in two semesters in a supervised clinical internship practicum or course. The Board notes that this requirement is a standard component of education programs in the practice of marriage and family therapy. Based upon proposed changes to subsection (c), the Board proposes to recodify existing paragraph (b)4 as (b)5 and to amend the reference to Area VI to Area VII. The Board also proposes to amend subsection (c) to change the descriptions of "Clinical Practice" to "Assessment and Treatment in Marriage and Family Therapy," "Individual Development and Family Relations" to "Human Development and Family Studies," and "Professional Identity and Ethics" to "Ethics and Professional Development" to better describe the required coursework. In addition, consistent with the proposed amendment to subsection (b), the Board proposes new paragraph (c)6 to include "Area VI: Supervised Clinical Internship Practicum/Course" for a minimum of two, three semester hour or equivalent quarter hour, course.

The Board proposes to amend the heading of recodified N.J.A.C. 13:34-2.4 to clarify that the rule concerns the experiential requirements for licensure as a licensed marriage and family therapist. Consistent with the proposed amendment to N.J.A.C. 13:34-3.3(a), the Board proposes to amend recodified N.J.A.C. 13:34-2.4(a) to update the term "group supervision" to change the reference from "permit holders" to "mental health professionals." In addition, the Board proposes to amend the term "marriage and family therapy supervision" or "supervised experience" to change all references from "permit holders" to "licensed associate marriage and family therapists." The Board similarly proposes to amend recodified N.J.A.C. 13:34-2.5 to include references to an associate marriage and family therapist.

The Board proposes to amend recodified N.J.A.C. 13:34-2.6 to change the heading and to amend cross-references to reflect the recodified rules in Subchapter 2. The Board also proposes an administrative correction to paragraph (b)3 to specify marriage and family therapists instead of professional counselors. As a result of the statutory repeal of temporary permits, the Board proposes to delete subsection (f).

Consistent with N.J.S.A. 45:1-15.3 and recodified N.J.A.C. 13:34-2.6, the Board proposes new N.J.A.C. 13:34-2.7 to allow an applicant for a license as an associate marriage and family therapist who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under proposed N.J.A.C. 13:34-2.2, to apply to the Board for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces, which the Board must consider together with any training, education, and experience obtained outside of the Armed Forces, as being substantially equivalent to the training, education, and experience required for licensure. Subsection (b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Board for licensure as an associate marriage and family therapist. Subparagraph (b)2i would require the applicant to submit a verification of his or her military experience and training to the Board for determining substantial equivalence to the Board's experience requirements. Subparagraph (b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to holding a master's degree in marriage and family therapy, or a master's degree in social work, or a graduate degree in a related field from a regionally accredited institution which meets the course work requirements set forth in N.J.A.C. 13:34-2.3. Subparagraph (b)2iii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to holding a post graduate degree recognized by the Board that meets the training and course work requirements set forth in N.J.A.C. 13:34-2.3(b) or a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education. Paragraph (b)3 would require that the applicant comply with all other requirements for licensure including successful completion of the respective examination requirements. Subsection (c) specifies that the applicant would be responsible for providing timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration. If all of the applicant's military training, education, or experience is not deemed equivalent to the Board's requirements, subsection (d) of the proposed new rule would require the Board to credit whatever portion of the applicant's military training, education, or experience it deems to be substantially equivalent towards meeting the requirements of licensure or registration, as applicable. Additionally, subsection (e) provides that evidence of such education, training, or experience will be assessed on a case-by-case basis.

The Board proposes to amend the heading of Subchapter 3 to remove reference to temporary permit holders and to broaden the subchapter to "Supervision." The Board proposes to amend N.J.A.C. 13:34-3.1 to update the cross-reference due to the proposed recodifications at Subchapter 2.

In accordance with P.L. 2017, c. 350, the Board proposes to repeal N.J.A.C. 13:34-3.2, concerning the temporary permit application procedure.

The Board proposes to amend N.J.A.C. 13:34-3.3, concerning the responsibilities of qualified supervisors, to change references of "permit holder" to "licensed associate marriage and family therapist." In addition, the Board proposes to amend subsection (a) to clarify that the total number of individuals who can, at any one time, be under the supervision of a qualified supervisor is limited to the equivalent of six full-time mental health professionals. The Board believes that this change is necessary to reflect that licensed marriage and family therapists may, in accordance with other boards rules or employer requirements, be responsible for supervising mental health professionals beyond those licensed by the Board, and that some mental health professionals may work on a part-time basis. The Board proposes new subsection (c) to specify that a qualified supervisor is responsible for ensuring that client records are prepared and maintained consistent with the requirements of N.J.A.C. 13:34-8. The Board also proposes to amend recodified subsection (i) to require a qualified supervisor to immediately notify the Board, if known, that his or her license is under investigation.

The Board proposes to amend the heading and substantive rule text of N.J.A.C. 13:34-3.4 to change all references to permit holder to licensed associate marriage and family therapist. In addition, the Board proposes to amend subsection (c) to specify that a licensed associate marriage and family therapist may not be compensated through the client and that this provision does not prevent the licensed associate marriage and family therapist from receiving from a client, on behalf of the supervisor or employing entity, fees for professional services. The Board also proposes new subsection (e) to provide that a licensed associate marriage and family therapist may not engage in practice under supervision in any area for which he or she has not had appropriate education and training. Proposed new subsection (f) requires licensed associate marriage and family therapists who advertise professional services to comply with the rules in Subchapter 9 and include the name(s) of his or her supervisor. In addition, subsection (f) precludes a licensed associate marriage and family therapist from advertising that he or she engages in independent practice.

The Board proposes to amend N.J.A.C. 13:34-4.3(c) to update the cross-reference, consistent with the proposed recodifications at Subchapter 2.

In accordance with N.J.S.A. 45:8B-24.1, which gives it authority to create continuing education requirements, the Board proposes to amend Subchapter 5 to establish, as a condition of renewal, continuing education requirements for licensed associate marriage and family therapists. Proposed new N.J.A.C. 13:34-5.1(b) establishes that all licensed marriage and family therapists shall complete 20 contact hours of continuing education for license renewal, consistent with the requirements of Subchapter 5.

In addition, the Board proposes to amend the continuing education requirement for newly licensed marriage and family therapists, such that [page=1339] they will need to obtain continuing education courses during the period of initial licensure. Accordingly, the Board proposes to amend N.J.A.C. 13:34-5.2(a) to make this subsection ineffective as of the biennial renewal period commencing July 1, 2020. In the initial licensing period, when an associate marriage and family therapist has recently completed a significant amount of coursework, the Board determined not to impose coursework in addition to the experiential learning the associate is undergoing. The Board also determined that, upon renewal two years later after being away from the classroom for that period of time, additional coursework would be important. The Board, therefore, proposes N.J.A.C. 13:34-5.3(a), to provide that licensed associate marriage and family therapists will not be required to obtain continuing education contact hours during the period of initial licensure prior to the associate marriage and family therapist's first biennial period, but shall be subject to the requirements for all subsequent biennial renewal periods. The Board believes that once the requirement to satisfy continuing education requirements commences with associate marriage and family therapists it should be ongoing as they become licensed marriage and family therapists. The Board proposes to amend N.J.A.C. 13:34-5.2(b) through (e) to change references of "licensee" to "marriage and family therapist." Consistent with P.L. 2017, c. 341, proposed new N.J.A.C. 13:34-5.2(f) requires marriage and family therapists to complete at least one of the required contact hours of continuing education in educational programs or topics concerning opioid drugs; the subsection also specifies that this one credit is not eligible for carry-over.

The Board proposes new N.J.A.C. 13:34-5.3 to establish the continuing education contact-hour requirements for licensed associate marriage and family therapists. Subsection (a) establishes that licensed associate marriage and family therapists will not be required to obtain continuing education contact hours during the period of initial licensure prior to the associate marriage and family therapist's first biennial period, but shall be subject to the requirements for all subsequent biennial renewal periods. Subsection (b) establishes that licensed associate marriage and family therapists must complete, during the biennial period, at least 20 contact hours of continuing education related to the profession of marriage and family therapy, and that at least 10 of these hours must be obtained through face-to-face interaction. As the Board requires for licensed marriage and family therapists, subsection (c) requires licensed associate marriage and family therapists to complete at least five of the required 20 contact hours of continuing education in ethical and legal standards and subsection (d) requires licensed associate marriage and family therapists to complete at least three of the required 20 contact hours of continuing education in social and cultural competence. Subsection (d) also describes the types of topics encompassed under social and cultural competence. To implement P.L. 2017, c. 341, subsection (e) requires associate marriage and family therapists to complete at least one of the required contact hours of continuing education in educational programs or topics concerning opioid drugs; the subsection also specifies that this one credit is not eligible for carry-over. Subsection (f) allows an associate marriage and family therapist to carry over to the next biennial period up to five continuing education credits, in excess of the required 20, that were earned within the last six months of the biennial period.

The Board proposes to amend N.J.A.C. 13:34-6.1, Financial arrangements with clients, and 6.7, Prohibition on excessive fees, to change all references from licensee to "licensed marriage and family therapist" because these provisions do not apply to licensed associate marriage and family therapists.

The Board proposes to amend N.J.A.C. 13:34-7.1(a)2 to reflect that the Board may provide a different period of time to respond to requests for records, and to delete "about the licensee's unprofessional conduct" because a complaint or inquiry is not limited to unprofessional conduct. In addition, the Board proposes to amend N.J.A.C. 13:34-7.1(a)2i to substitute reference to the address of record. The Board also proposes to amend N.J.A.C. 13:34-7.1(a)4 to specify that a licensed marriage and family therapist's responsibility to exercise appropriate supervision includes ensuring compliance with the recordkeeping requirements in paragraph (a)3. The Board proposes to amend N.J.A.C. 13:34-7.1(a)5iii to reference a State statute concerning confidentiality of records or information of specific treatments provided to minors.

The Board proposes to amend N.J.A.C. 13:34-9.3(a) to include a reference to licensed associate marriage and family therapists and to specify that licensed associate marriage and family therapists must include the name(s) of their qualified supervisor(s) in all advertisements and professional representations. The Board proposes to amend N.J.A.C. 13:34-9.5(b) and (c) to reference licensed marriage and family therapists. In addition, the Board proposes new N.J.A.C. 13:34-9.5(d) to prohibit a licensed associate marriage and family therapist from advertising fees for marriage and family services, unless the advertising of fees is consistent with the requirements of subsection (b) and approved by the qualified supervisor.
Subchapter 9A concerns custody/parenting time evaluations and/or termination of parental rights evaluations, which may be performed only by licensed marriage and family therapists. Accordingly, the Board proposes amendments to make it clear that licensed associate marriage and family therapists may not perform any part of custody/parenting time evaluations and/or termination of parental rights evaluations. The Board proposes to amend the heading of N.J.A.C. 13:34-9A.1 to include definitions and to add new subsection (b) to define, for purposes of the subchapter, "licensee" as a licensed marriage and family therapist. The Board proposes to amend N.J.A.C. 13:34-9A.2(c) to replace temporary permit holders with licensed associate marriage and family therapists.

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 Board believes that the proposed amendments, repeal, and new rules will have a positive social impact upon the public by ensuring the quality and competency of licensed associate marriage and family therapists providing marriage and family therapy services in New Jersey.

Economic Impact

The proposed amendments, repeal, and new rules will impose costs on applicants for licensure as associate marriage and family therapists and licensed associate marriage and family therapists. Applicants and licensees must remit the applicable application, licensure, and biennial fees set forth in the fee schedule at N.J.A.C. 13:34-1.1. These fees are charged in order for the Board to be self-funding and in compliance with N.J.S.A. 45:1-3.2. The fees have been set at the lowest level calculated to discharge the duties of the Board.

Existing N.J.A.C. 13:34-1.10 requires all licensees, which will now include licensed associate marriage and family therapists to renew licensure biennially with the Board and pay the fee set forth in N.J.A.C. 13:34-1.1. Licensees who fail to comply with the renewal requirements set forth in the rules will also be required to remit late fees. In addition, there may be an economic impact on licensees to the extent they incur costs associated with submitting the documentation and fees required for reactivating or reinstating an inactive license, and to the extent the Board deems them in need of remediation and they are required to pass an examination or complete additional education or training.

As was the case with the temporary permit holders, proposed N.J.A.C. 13:34-2.2 and 2.7 and the proposed amendments to recodified N.J.A.C. 13:34-2.3 and 2.4 will continue to have an economic impact on applicants for licensure as associate marriage and family therapists to the extent that applicants incur costs associated with obtaining the required education and training, passing the required examination, and submitting the required documentation to substantiate satisfaction of requirements in the rules. In addition, as was the case with permit applicants, applicants for licensure will incur costs associated with submitting their fingerprints for the required criminal history records check. Applicants who abandon their application and reapply must submit new fees and incur additional costs to comply with the application process.

The proposed amendments to recodified N.J.A.C. 13:34-2.4 will have an economic impact upon applicants for licensure to the extent associate marriage and family therapists completing their supervised experience requirements may incur costs associated with submitting required documentation to the Board.

The proposed amendments at N.J.A.C. 13:34-5.2 will have an economic impact upon licensed marriage and family therapists because [page=1340] they will incur the costs associated with obtaining the required continuing education credits for one additional biennial renewal period.

The proposed rules at N.J.A.C. 13:34-5.3 will have an economic impact upon licensed associate marriage and family therapists who are licensed for two or more biennial periods to the extent that they must obtain the requisite continuing education for each biennial renewal period. Licensed associate marriage and family therapists may also incur costs associated with maintaining continuing education documentation as required under the rules.

The rules at N.J.A.C. 13:34-7 may have an economic impact on licensed associate marriage and family therapists to the extent that failure to comply with the professional practice standards set forth in the rules, with respect to professional interactions with clients or compliance with Federal, State, or local laws, rules, or regulations governing the practice of marriage and family therapy, may be deemed professional misconduct and may subject a licensee to monetary penalties.

The rules at N.J.A.C. 13:34-8 may have an economic impact on associate marriage and family therapists to the extent that they incur administrative costs associated with preparing and maintaining client records consistent with the requirements set forth in the rules.

The rules at N.J.A.C. 13:34-9 may have an economic impact on licensed associate marriage and family therapists to the extent they incur costs associated with ensuring that all advertisements comport with the requirements in the rules and in maintaining advertisements for the mandated period of time.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments, repeal, and new rules 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, repeal, and new rules will either increase or decrease the number of jobs in the State.

Agriculture Industry Impact

The proposed amendments, repeal, and new rules will have no impact on the agriculture industry in this State.

Regulatory Flexibility Analysis

The Board licenses approximately 540 marriage and family therapists and anticipates licensing approximately 175 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 and new rules at N.J.A.C. 13:34-3.3(c) and (i) and 5.2(a) will impose new compliance and reporting requirements on licensed marriage and family therapists as detailed in the Summary above. The Board does not believe that any professional services will be needed to comply with the proposed amendments, repeal, and new rules. The costs of compliance with the proposed amendments, repeal, and new rules are discussed in the Economic Impact above. The Board believes that the proposed amendments, repeal, and new rules 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, repeal, and new rules 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, repeal, and new rules concern the provision of marriage and family therapy services.

Smart Growth Development Impact Analysis

The proposed amendments, repeal, and new rules 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, repeal, and new rules concern the provision of marriage and family therapy services.

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.

Regulations

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

SUBCHAPTER 1.    GENERAL PROVISIONS

13:34-1.1    License fees and charges

(a) There shall be paid to the State Board of Marriage and Family Therapy Examiners the following fees:

1. (No change.)
2. Initial license fee
i. Marriage and family therapist
Recodify existing i.-ii. as (1)-(2) (No change in text.)
ii. Associate marriage and family therapist
(1) If paid during the first year of a biennial renewal period...$ 180.00
(2) If paid during the second year of a biennial renewal period...$ 90.00
[3. Examination fee..................................................................… $ 65.00
plus the fee charged by
Professional Examination Service]
4. (No change.)
5. [Temporary permit            $ 75.00] (Reserved)
6. License renewal fee, biennial [.........................................… $ 250.00]
i. Marriage and family therapist..............................… $ 250.00
ii. Associate marriage and family therapist............… $ 180.00
7.-11. (No change.)

13:34-1.8    Notification of address; service of process; notification of disciplinary action

(a) A licensee shall notify the Board in writing within 30 days of any change in the address [on file with the Board] of record and shall specify whether the address is a residence or an employment address.

(b) Service of an administrative complaint or other process initiated by the Board, the Attorney General, or the Division of Consumer Affairs at the address [on file with the Board] of record shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.

(c) (No change.)

(d) For purposes of this section, "address of record" means an address designated by a licensee that is part of the public record and may be disclosed upon request. "Address of record" may be a licensee's home, business, or mailing address, but shall not be a post office box, unless the licensee also provides another address that includes a street, city, state, and zip code.

SUBCHAPTER 2.    REQUIREMENTS FOR LICENSURE; APPLICATION PROCEDURES

13:34-2.1    [Requirements] Marriage and family therapist: requirements for licensure; licensure procedure

(a)-(e) (No change.)

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. The applicant shall be at least 21 years of age;

2. The applicant shall submit a completed application for licensure;

3. The applicant shall submit evidence of good moral character, which shall be an ongoing requirement for licensure;

[page=1341] 4. The applicant shall not be engaged in any practice or conduct upon which the Board shall have grounds to refuse to issue, suspend, or revoke a license that it issues pursuant to N.J.S.A. 45:1-21 et seq.;

5. The applicant shall have satisfied the educational requirements set forth in N.J.A.C. 13:34-2.3. An official transcript documenting satisfaction of the educational requirements shall be sent to the Board directly from the accredited institution and shall indicate the degree awarded, the applicant's field of study, and the specific courses completed toward the degree;

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;

7. The applicant shall submit the supervisor's resume or curriculum vitae, which shall document that the supervisor has no less than five full-time years of professional marriage and family therapy practice experience or the equivalent and holds either a current, active New Jersey license to practice as a marriage and family therapist or has satisfied the educational requirements set forth in N.J.A.C. 13:34-2.4;

8. The applicant shall submit a Certification and Authorization Form for a Criminal History Background Check; and

9. The applicant shall submit the application fee set forth at N.J.A.C. 13:34-1.1.

(b) An applicant for licensure shall submit the licensing fee set forth at N.J.A.C. 13:34-1.1 upon receipt of notification from the Board that his or her application for licensure has been approved.

(c) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within 12 months after it was received by the Board.

(d) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application and shall comply with the requirements of (a) above.

(e) Pursuant to N.J.S.A. 45:8B-18.1, an associate marriage and family therapist license shall be renewed no more than two times.

13:34-[2.2]2.3              Educational requirements for licensure

(a) (No change.)

(b) An applicant for licensure shall complete a minimum of:

1. Eight courses from Areas I, II, and III as specified in (c) below;

2. (No change.)

3. One course from Area V as specified in (c) below; [and]

4. Two courses taken in two semesters from Area VI as specified in (c) below; and

[4.] 5. One course taken in one semester from Area [VI] VII as specified in (c) below.

(c) An applicant for licensure shall satisfy the following required areas of course work:

1. (No change.)

2. Area II: [Clinical Practice] Assessment and Treatment in Marriage and Family Therapy (a minimum of four, three semester hour or equivalent quarter hour, courses.) Course work in this area shall provide a comprehensive survey and substantive understanding of the major models of marriage and family therapy. Courses shall address marriage and family therapy practice and be related conceptually to theory. Course work in this area shall address a wide variety of presenting clinical problems and include assessment, marriage and family therapy methods, and major mental health assessment methods and instruments.

3. Area III: [Individual] Human Development and Family [Relations] Studies (a minimum of two, three semester hour or equivalent quarter hour, courses.) Course work in this area shall include:

i.-iv. (No change.)

4. Area IV: [Professional Identity and] Ethics and Professional Development (a minimum of one, three semester hour or equivalent quarter hour, course.) Course work in this area shall include material on professional identity, including professional socialization, professional organizations, licensure, certification, and ethical issues related to the practice and profession of marriage and family therapy. Generic courses in ethics shall not meet this requirement. Such course work shall inform applicants about legal responsibilities and liabilities of clinical practice and research, family law, confidentiality issues, ethics, and the interface between therapist responsibility and the professional, social, and political context of treatment.

5. (No change.)

6. Area VI: Supervised Clinical Internship Practicum/Course (a minimum of two, three semester hour or equivalent quarter hour, course).

[6.] 7. Area [VI] VII: Additional Learning (a minimum of one, three semester hour or equivalent quarter hour, course.) Course work in this area shall be elective and chosen from a variety of disciplines. This area shall seek to augment an applicant's individual interest and background in marriage and family therapy. The applicant may choose courses from a variety of disciplines.

(d) (No change.)

13:34-[2.3]2.4   Experiential requirements for licensure as a licensed marriage and family therapist

(a) The following words and terms as used in this section and N.J.A.C. 13:34-3, shall have the following meanings, unless the context clearly indicates otherwise.

. . .

"Group supervision" means the ongoing process of supervising between two and six interns and/or [permit holders] mental health professionals at one time in a group setting by a qualified supervisor.

. . .

"Marriage and family therapy supervision" or "supervised experience" means the ongoing process performed by a qualified marriage and family therapy supervisor who monitors the performance of the intern or [permit holder] licensed associate marriage and family therapist and provides regular, documented, face-to-face consultation, guidance, and instruction with the intern or [permit holder] licensed associate marriage and family therapist with respect to the marriage and family therapy with individuals, couples, and families and monitors the competencies of the intern or [permit holder] licensed associate marriage and family therapist.

. . .

13:34-[2.4]2.5   Licensure by credentials

The Board shall issue a license as a marriage and family therapist or as an associate marriage and family therapist, as applicable, to an applicant who holds a current, active license or certification as a marriage and family therapist or an associate marriage and family therapist, as applicable, in another state, provided the licensing requirements in that state are substantially equivalent to the requirements set forth in this chapter.

13:34-[2.5]2.6              [Credit] Marriage and family therapist: credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:34-[2.2]2.3 and [2.3]2.4 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.

(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Board that:

1. (No change.)

2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:34-[2.2]2.3 and [2.3]2.4.

i. (No change.)

ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree in marriage and family therapy or a master's degree in social work or a [page=1342] graduate degree in a related field from a regionally accredited institution [which] that provides the training and course work described in N.J.A.C. 13:34-[2.2]2.3, shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the educational requirements described and required for licensure under N.J.A.C. 13:34-[2.2]2.3. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

iii. An applicant seeking credit for education courses completed while in the military who does not hold a post graduate degree recognized by the Board, which includes the course work required in N.J.A.C. 13:34-[2.2(b)]2.3(b), or who has not completed a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, shall submit to the Board a Joint Services Transcript of his or her education, for a determination that the education courses completed are substantially equivalent in level, scope, and intent to a post graduate degree or a program of training and course work, as described and required for licensure under N.J.A.C. 13:34-[2.2]2.3. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and

3. The applicant complies with all other requirements for licensure as a [professional counselor] marriage and family therapist including successful completion of the National Marriage and Family Therapy Examination administered by the Association of Marital and Family Therapy Regulatory Boards or its successor as set forth in N.J.A.C. 13:34-2.1.

(c) (No change.)

(d) If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34-[2.2]2.3 and [2.3]2.4 for the issuance of the license.

(e) (No change.)

[(f) An applicant who meets the educational requirements set forth in N.J.A.C. 13:34-2.2 and does not meet the experience requirements set forth in N.J.A.C. 13:34-2.3 may be eligible to apply for a temporary permit in accordance with N.J.A.C. 13:34-3.2.]

13:34-2.7            Associate marriage and family therapist: credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces

(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:34-2.2 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.

(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Board that:

1. The applicant has been honorably discharged from active military service;

2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:34-2.2.

i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.

ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree in marriage and family therapy or a master's degree in social work or a graduate degree in a related field from a regionally accredited institution that provides the training and course work described in N.J.A.C. 13:34-2.3, shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the educational requirements described and required for licensure under N.J.A.C. 13:34-2.3. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

iii. An applicant seeking credit for education courses completed while in the military who does not hold a post graduate degree recognized by the Board that includes the course work required in N.J.A.C. 13:34-2.3(b), or who has not completed a program of training and course work at an institute or training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, shall submit to the Board a Joint Services Transcript of his or her education, for a determination that the education courses completed are substantially equivalent in level, scope, and intent to a post graduate degree or a program of training and course work, as described and required for licensure under N.J.A.C. 13:34-2.3. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses relevant to the practice of marriage and family therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and

3. The applicant complies with all other requirements for licensure as an associate marriage and family therapist as set forth in N.J.A.C. 13:34-2.2.

(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and experience gained in the military for review and consideration.

(d) If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:34-2.3 for the issuance of the license.

(e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis.

SUBCHAPTER 3.    [TEMPORARY PERMIT HOLDERS AND QUALIFIED SUPERVISORS] SUPERVISION

13:34-3.1    Definitions

Definitions of words and terms as used in this subchapter are set forth at N.J.A.C. 13:34-[2.3]2.4(a).

13:34-3.2    [Temporary permit application procedure] (Reserved)

[(a) Pursuant to N.J.S.A. 45:8B-6(e) and 18(a), prior to the Board's approval of a three-year temporary permit, the applicant shall satisfy the following requirements:

1. The applicant shall submit a completed permit application;

2. The applicant shall have satisfied the educational requirements set forth in N.J.A.C. 13:34-2.2. An official transcript documenting satisfaction of the educational requirements shall be sent to the Board directly from the accredited institution and shall indicate the degree awarded, the applicant's field of study and the specific courses completed toward the degree;

[page=1343] 3. The applicant shall submit a clinical marriage and family therapy supervision plan, which shall include a detailed job description and the location(s) where client contact and supervision will occur;

4. The applicant shall submit the supervisor's resume or curriculum vitae, which shall document that the supervisor has no less than five full-time years of professional marriage and family therapy practice experience or the equivalent and holds either a current, active New Jersey license to practice as a marriage and family therapist or has satisfied the educational requirements set forth in N.J.A.C. 13:34-2.3;

5. The applicant shall submit his or her fingerprints and written consent for a criminal history record background check to be performed pursuant to N.J.S.A. 49:3-56(p) to determine whether criminal history record information exists, which may be considered by the Board in determining whether the applicant shall be licensed in the State; and

6. The applicant submits the permit application fee set forth in N.J.A.C. 13:34-1.1.]

13:34-3.3    Responsibilities of qualified supervisors

(a) A qualified supervisor shall not supervise more than the equivalent of six [permit holders] full-time mental health professionals at one time.

(b) A qualified supervisor shall obtain a written disclosure, which shall be signed by the client and retained as part of the client record, acknowledging that the client has been informed that services are to be rendered by a [permit holder] licensed associate marriage and family therapist under the supervision of a qualified supervisor.

(c) A qualified supervisor shall ensure that client records are prepared and maintained consistent with the requirements of N.J.A.C. 13:34-8.

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

[(d)] (e) A qualified supervisor shall be ultimately responsible for the welfare of the client with respect to the treatment being rendered by the [permit holder] licensed associate marriage and family therapist.

[(e)] (f) A qualified supervisor is required to attest to compliance with supervision requirements by using forms provided by the Board. Documentation of supervision shall be filed with the Board by the qualified supervisor(s) every six months for evaluation of the [permit holder's] licensed associate marriage and family therapist's progress.

[(f)] (g) A qualified supervisor shall not supervise a [permit holder] licensed associate marriage and family therapist with whom the qualified supervisor has a relationship that may compromise the objectivity of or impair the professional judgment of, the qualified supervisor. Examples of inappropriate supervisory relationships include, but are not limited to, tenants, current and former clients, relatives, spouses, current students, or close friends.

[(g)] (h) A qualified supervisor who wishes to terminate or is unable to provide supervision during the training period shall give the [permit holder] licensed associate marriage and family therapist and the Board two weeks written notice to enable the [permit holder] licensed associate marriage and family therapist to obtain another qualified supervisor. A qualified supervisor may not terminate supervision when termination would result in abandonment of the [permit holder] licensed associate marriage and family therapist or [permit holder's] licensed associate marriage and family therapist's clients.

[(h)] (i) A qualified supervisor whose license is under investigation, if known, is subject to any pending disciplinary action, or has been actively suspended or revoked by any licensing board shall immediately notify this Board.

[(i)] (j) If, during the period of supervision, the qualified supervisor's license is suspended or revoked, the qualified supervisor shall immediately notify the [permit holder] licensed associate marriage and family therapist and immediately cease supervision. The applicant may be granted credit for hours completed prior to the disciplinary action.

13:34-3.4    Responsibilities of [permit holders] licensed associate marriage and family therapists

(a) Documentation of supervision shall be filed with the Board by the [permit holder] licensed associate marriage and family therapist every six months for evaluation of the [permit holder's] licensed associate marriage and family therapist's progress.

(b) A [permit holder] licensed associate marriage and family therapist shall not engage in unsupervised or independent practice. A [permit holder's] licensed associate marriage and family therapist's clients shall include only those who have been approved, in advance, by the qualified supervisor(s).

(c) A [permit holder] licensed associate marriage and family therapist may be compensated only through the qualified supervisor or the employing entity. A licensed associate marriage and family therapist shall not receive a professional fee from a client.

1. Nothing in this subsection shall be construed to prohibit a licensed associate marriage and family therapist from receiving from a client, on behalf of the supervisor or employing entity, fees for professional services.

(d) A [permit holder] licensed associate marriage and family therapist shall ensure that his or her qualified supervisor files the evaluations required by the Board every six months.

(e) A licensed associate marriage and family therapist shall not engage in practice under supervision in any area for which the licensed associate marriage and family therapist has not had appropriate education and training.

(f) A licensed associate marriage and family therapist who advertises professional services, shall comply with N.J.A.C. 13:34-9 and include the name(s) of his or her supervisor(s). A licensed associate marriage and family therapist shall not advertise that he or she engages in independent practice.

SUBCHAPTER 4.    UNLICENSED PERSONS--PERMISSIBLE ACTIVITIES

13:34-4.3    Supervision of employees and interns

(a)-(b) (No change.)

(c) Persons approved by the Board to supervise individuals in employee and intern status are required to exercise appropriate supervision over those persons in accordance with the requirements for supervised experience of candidates as detailed in N.J.A.C. 13:34-[2.3]2.4.

(d) (No change.)

SUBCHAPTER 5.    CONTINUING EDUCATION

13:34-5.1    Continuing education requirement for license renewal

(a) All licensed marriage and family therapists shall complete 40 contact hours of continuing education for license renewal. The licensed marriage and family therapist shall confirm on the renewal application that the licensee has completed the required continuing professional education programs, courses, or articles as specified in this subchapter during the biennial period preceding the application for the renewal.

(b) All licensed associate marriage and family therapists shall complete 20 contact hours of continuing education for license renewal, consistent with the requirements of this subchapter. The licensed associate marriage and family therapist shall confirm on the renewal application that the licensee has completed the required continuing professional education programs, courses, or articles as specified in this subchapter during the biennial period preceding the application for the renewal.

13:34-5.2    Contact hour requirement for licensed marriage and family therapists

(a) [A] Through and including the biennial renewal period ending on June 30, 2020, a marriage and family therapist shall not be required to obtain continuing education contact hours during the period of initial licensure prior to the marriage and family therapist's first biennial renewal period, but shall be subject to the requirements of N.J.A.C. 13:34-5.1 for all subsequent biennial renewal periods.

(b) (No change.)

(c) A [licensee] marriage and family therapist shall complete at least five of the 40 contact hours of continuing education as required by N.J.A.C. 13:34-5.1 in ethical and legal standards related to marriage and family therapy, regardless of the number of hours accrued during the biennial period.

(d) A [licensee] marriage and family therapist shall complete at least three of the 40 contact hours of continuing education as required by N.J.A.C. 13:34-5.1 in the subject area of social and cultural competence. [page=1344] For the purposes of this subsection, social and cultural competence includes, but is not limited to, an understanding of the cultural context of relationships; issues and trends in a diverse society related to such factors as culture, ethnicity, nationality, age, gender, sexual orientation, mental and physical characteristics, education, family values, religious and spiritual values, and socioeconomic status; and unique characteristics of individuals, couples, families, and ethnic groups and communities, including any of the following:

1.-6. (No change.)

(e) If a [licensee] marriage and family therapist earns more than 40 contact hours of continuing education during a biennial period, the licensee may carry those extra hours, up to a maximum of 10 contact hours, into the next succeeding biennial period, as long as those contact hours were earned within the last six months of the biennial period.

(f) 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) above.

13:34-5.3            Contact hour requirement for licensed associate marriage and family therapists

(a) An associate marriage and family therapist shall not be required to obtain continuing education contact hours during the period of initial licensure prior to the associate marriage and family therapist's first biennial renewal period, but shall be subject to the requirements of N.J.A.C. 13:34-5.1 for all subsequent biennial renewal periods.

(b) An associate marriage and family therapist applying for licensure renewal shall have completed a minimum of 20 contact hours of continuing education directly related to the profession of marriage and family therapy during the biennial renewal period. At least 10 of the 20 contact hours of continuing education shall be obtained by a licensee through face-to-face instruction.

(c) An associate marriage and family therapist shall complete at least five of the 20 contact hours of continuing education as required by N.J.A.C. 13:34-5.1 in ethical and legal standards related to marriage and family therapy, regardless of the number of hours accrued during the biennial period.

(d) An associate marriage and family therapist shall complete at least three of the 20 contact hours of continuing education as required by N.J.A.C. 13:34-5.1 in the subject area of social and cultural competence. For the purposes of this subsection, social and cultural competence includes, but is not limited to, an understanding of the cultural context of relationships; issues and trends in a diverse society related to such factors as culture, ethnicity, nationality, age, gender, sexual orientation, mental and physical characteristics, education, family values, religious and spiritual values, and socioeconomic status; and unique characteristics of individuals, couples, families, and ethnic groups and communities, including any of the following:

1. Multicultural and pluralistic trends, including characteristics and concerns between and within diverse groups nationally and internationally;

2. Attitudes, beliefs, understandings, and acculturative experiences, including specific experiential learning activities;

3. Individual, couple, family, group, and community strategies for working with diverse populations and ethnic groups;

4. Marriage and family therapists' roles in social justice, advocacy and conflict resolution, cultural self-awareness, the nature of biases, prejudices, process of intentional and unintentional oppression and discrimination, and other culturally supported behaviors that are detrimental to the growth of the human spirit, mind, or body;

5. Theories of multicultural counseling, theories of identity development, and multicultural competencies; and

6. Ethical and legal considerations relating to issues of diversity.

(e) An associate marriage and family therapist shall, pursuant to P.L. 2017, c. 341, complete at least one of the 20 contact hours of continuing education 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 (f) below.

(f) If an associate marriage and family therapist earns more than 20 contact hours of continuing education during a biennial period, the licensee may carry those extra hours, up to a maximum of five contact hours, into the next succeeding biennial period, as long as those contact hours were earned within the last six months of the biennial period.

SUBCHAPTER 6.    GENERAL OBLIGATIONS OF A LICENSEE

13:34-6.1    Financial arrangements with clients

(a) (No change.)

(b) When an appropriate fee schedule cannot be arranged, or the payment of the usual fee would be a hardship, a [licensee] licensed marriage and family therapist shall refer the client to other sources for the provision of needed services.

(c) A [licensee] licensed marriage and family therapist providing marriage and family therapy services shall provide and maintain a written list of current fees for standard services and shall provide the list to a client prior to the commencement of services.

(d) Before engaging in a clinical relationship, a [licensee] licensed marriage and family therapist shall assist a client to understand financial arrangements. The information provided to the client shall include at least the following:

1. (No change.)

2. Whether the [licensee] licensed marriage and family therapist will accept installment payments or assignments from a [third party] third-party payor;

3.-4. (No change.)

13:34-6.7    Prohibition on excessive fees

(a) The [licensee] licensed marriage and family therapist shall not charge an excessive fee for services. Factors that the Board shall consider in determining whether a fee is excessive include the following:

1.-6. (No change.)

SUBCHAPTER 7.    PROFESSIONAL MISCONDUCT

13:34-7.1    Misconduct defined

(a) Professional or occupational misconduct in the practice of marriage and family therapy by persons licensed by the State Board of Marriage and Family Therapy Examiners shall include, but not be limited to, the following:

1. (No change.)

2. Failing to respond within 30 days, or in a time period specified by the Board, to written communications from the Board of Marriage and Family Therapy Examiners and make available any relevant records with respect to an inquiry or complaint [about the licensee's unprofessional conduct].

i. The period [of 30 days] in (a)2 above shall commence on the date when such communication was sent from the Board by registered or certified mail, with return receipt requested, to the [address appearing in the last registration] address of record, as defined at N.J.A.C. 13:34-1.8(d).

3. (No change.)

4. Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed marriage and family therapist. For purposes of this paragraph, failing to exercise appropriate supervision shall include failing to ensure compliance with the requirements of (a)3 above.

5. Failing to make available to a client, the client's guardian, or authorized representative, or, upon a client's request, copies of reports or test records relating to the client [which] that are in the possession or under the control of the licensee, or failing to complete forms or reports required for the reimbursement of a client by a third party.

i.-ii. (No change.)

iii. This [section] paragraph shall not require release to the parent or guardian of a minor of records or information relating to sexually transmitted disease, [or] abortion, or treatment considered confidential [page=1345] information in accordance with N.J.S.A. 9:17A-4, except with the minor's consent.

6.-10. (No change.)

SUBCHAPTER 9.    ADVERTISING

13:34-9.3    Minimum content

(a) A licensee shall include the following in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards, and professional stationery:

1. The name of licensed marriage and family therapist or licensed associate marriage and family therapist, as applicable;

2. For licensed associated marriage and family therapists, the name(s) of the qualified supervisor(s);

[2.] 3. The words "Licensed Marriage and Family Therapist" or "LMFT" or, as applicable, "Licensed Associate Marriage and Family Therapist" or "LAMFT" followed by the 12-digit license number; and

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

(b) (No change.)

13:34-9.4    Use of professional credentials and certifications

(a) A [marriage and family therapist] licensee shall accurately and objectively represent his or her competence, education, training, and experience, as of the time of the representations.

(b)-(f) (No change.)

13:34-9.5    Advertisements regarding fees; required disclosures

(a) (No change.)

(b) A [licensee] licensed marriage and family therapist who advertises a fee or range of fees shall include the following disclosures in any such advertisement:

1. (No change.)

2. The additional services contemplated and the fee to be charged for such services. Unless the advertisement states otherwise, the [licensee] licensed marriage and family therapist shall be prohibited from charging an additional fee for the advertised service; and

3. (No change.)

(c) The advertisement of a fee shall not preclude the [licensee] licensed marriage and family therapist from adjusting the fee downward or waiving a fee in individual circumstances.

(d) A licensed associate marriage and family therapist shall not advertise fees for marriage and family services unless the advertising of fees is consistent with the requirements of (b) above and approved by the qualified supervisor.

SUBCHAPTER 9A. CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS

13:34-9A.1    Purpose and scope; definitions

(a) The rules in this subchapter set forth the minimum requirements for licensed marriage and family therapists who perform custody/parenting time evaluations and/or termination of parental rights evaluations.

(b) As used in this subchapter, "licensee" means a licensed marriage and family therapist.

13:34-9A.2    Qualifications

(a)-(b) (No change.)

(c) [Applicants for licensure who hold a temporary permit pursuant to N.J.A.C. 13:34-3] Associate marriage and family therapists or interns shall not perform any part of custody/parenting time evaluations and/or termination of parental rights evaluations.

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