54 N.J.R. 2068(a)

VOLUME 54, ISSUE 21, NOVEMBER 7, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 2068(a)
NJ - New Jersey Register  >  2022  >  NOVEMBER  >  NOVEMBER 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 MARRIAGE AND FAMILY THERAPY EXAMINERS

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:34-2.4 and 3.3      
Proposed New Rule: N.J.A.C. 13:34-3.5      

Text

 Marriage and Family Therapy Supervision Through Technology-Assisted Media (Telesupervision)
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 2022-142.

Submit comments by January 6, 2023, to:
Milagros Collazo, Executive Director
Board of Marriage and Family Therapy Examiners

PO Box 45007124 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 a new rule concerning the provision of marriage and family therapy supervision through technology-assisted media (telesupervision). The Board's existing rules do not address telesupervision, which some licensees began to employ after Governor Murphy declared a State of Emergency in 2020 in response to the COVID-19 pandemic, pursuant to Executive Order No. 103 (2020). The proposed amendments and new rule define telesupervision, mandate that supervisors who seek to provide telesupervision be appropriately trained, and establish certain telesupervision standards. The Board believes that the proposed amendments and new rule are necessary to protect those seeking treatment, as well as interns and licensed associate marriage and family therapists who are receiving clinical supervision as they prepare to engage in independent practice. The proposed amendments and new rule will ensure that qualified supervisors who choose to engage in telesupervision are trained and competent to provide clinical supervision effectively through the use of technology-assisted media.
The Board proposes to amend N.J.A.C. 13:34-2.4(a) to include a definition of "telesupervision." "Telesupervision" is defined as the delivery by a qualified marriage and family therapy supervisor of marriage and family therapy supervision through technology-assisted media when the supervisor is present at one site and the intern or licensed associate marriage and family therapist is located at a separate site. "Telesupervision" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
The Board also proposes to amend N.J.A.C. 13:34-2.4(b)1i to change the limit on the number of hours for group supervision from 25 hours to no more than one-half of the total number of supervision hours. In addition, the Board proposes to limit telesupervision to no more than one-half of the total number of supervision hours. New N.J.A.C. 13:34-3.3(k) specifies that the qualified supervisor who engages in telesupervision must comply with proposed new N.J.A.C. 13:34-3.5.
New N.J.A.C. 13:34-3.5(a) establishes the conditions a qualified supervisor must satisfy prior to providing supervision through technology-assisted media. Paragraph (a)1 provides that the qualified supervisor must complete at least six hours of education or training in telesupervision. The education and training must include the following topics: appropriateness of telesupervision; handling clinical emergencies; best practices and informed consent; teletherapy theory and practice; modes of delivery of supervision, including HIPAA-compliant technology; and legal and ethical issues. Additionally, the course or program must be approved by one of the entities recognized by the Board to approve continuing education set forth at N.J.A.C. 13:34-5.3(a)1, be approved by a regionally accredited institution of higher education, or be Board-approved.
New N.J.A.C. 13:34-3.5(a)2 requires the qualified supervisor to have at least one in-person face-to-face meeting with the intern or licensed associate marriage and family therapist prior to using any technology-assisted media for supervision. Paragraph (a)3 specifies that the qualified supervisor must determine that telesupervision is appropriate for the intern or licensed associate marriage and family therapist considering the individual's professional, intellectual, emotional, and physical needs. In addition, as set forth at paragraph (a)4, the qualified supervisor must be competent in the use of technology-assisted media. Paragraph (a)5 specifies that the qualified supervisor must take necessary precautions to protect the privacy and security of all client information. Paragraphs (a)6 and 7 provide that the qualified supervisor must also inform interns and licensed associate marriage and family therapists of the potential risks and benefits associated with telesupervision, consider the risks and responsibilities associated with telesupervision, and advise interns and licensed associate marriage and family therapists, in writing, of these risks, as well as the respective responsibilities for minimizing these risks. Paragraph (a)8 specifies that the qualified supervisor must consider the potential benefits and limitations in the supervisor's choices of technology-assisted media for a specific intern or licensed associate marriage and family therapist in a particular situation.
New N.J.A.C. 13:34-3.5(b) specifies that qualified supervisors who engage in telesupervison must use interactive, real-time, two-way communication technologies, which must include a video component that allows the qualified supervisor to see the intern or licensed associate marriage and family therapist. As asynchronous communications may augment telesupervision, paragraph (b)1 requires the qualified supervisor to consider the use of such communications.
The Board has provided a 60-day comment period on this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The Board believes that the proposed amendments and new rule will have a positive social impact on qualified supervisors, interns, licensed associate marriage and family therapists, and the public because they provide licensees with the flexibility to engage in telesupervision within parameters established by the Board to protect consumers, interns, and licensed associate marriage and family therapists. Establishing minimum standards of education and training and requiring the qualified supervisor to evaluate the appropriateness of telesupervision ensures that licensed marriage and family supervisors who provide clinical supervision through technology-assisted media do so competently and effectively. This training will have a positive social impact by ensuring that interns and licensed associate marriage and family therapists are properly trained and clinically competent. Further, proper supervision and training protects the members of the public served by interns and licensed associate marriage and family therapists.
Economic Impact
The Board anticipates that the proposed amendments and new rule may have an economic impact on those licensees who choose to provide marriage and family therapy supervision through technology-assisted media. The proposed new rule requires qualified supervisors to complete at least six hours of education or training in telesupervision. Qualified supervisors who have not previously completed such education or training will incur costs associated with this education/training. The Board believes that any costs are outweighed by the interest in protecting those seeking treatment, as well as interns and licensed associate marriage and family therapists who are receiving clinical supervision as they prepare to engage in independent practice. The proposed amendments and new rule may also have a positive economic impact due to the travel time and expense that may be saved by continuing the use of telesupervision. The Board does not anticipate that the proposed amendments and new rule will have any other economic impact.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments and new rule are governed by N.J.S.A. 45:8B-1 et seq., and there are no Federal laws or standards applicable to the proposed amendments and new rule.
Jobs Impact
The Board does not anticipate that the proposed amendments and new rule will result in an increase or decrease in the number of jobs in the State. The proposed amendments and new rule establish minimum standards before a licensed marriage and family therapist may provide marriage and family supervision through technology-assisted media.
Agriculture Industry Impact
The Board does not anticipate that the proposed amendments and new rule will have any impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
Currently, the Board licenses approximately 580 marriage and family therapists. If these licensees 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.
[page=2070] The proposed amendments and new rule impose new compliance requirements upon licensed marriage and family therapists who provide supervision through technology-assisted media, which are discussed in the Summary above. The proposed amendments and new rule do not impose any recordkeeping and reporting requirements. The Board does not believe that any professional services will be needed to comply with the proposed amendments and new rule. The costs of compliance with the proposed amendments and new rule are discussed in the Economic Impact above. The Board believes that the proposed amendments and new rule should be uniformly applied to all licensed marriage and family therapists who provide supervision through technology-assisted media, therefore, no differing compliance requirements for any businesses are provided based upon size.
Housing Affordability Impact Analysis
The proposed amendments and new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments and new rule would evoke a change in the average costs associated with housing because the proposed amendments and new rule establish minimum standards before a licensed marriage and family therapist may provide marriage and family supervision through technology-assisted media.
Smart Growth Development Impact Analysis
The proposed amendments and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments and new rule 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 and new rule establish minimum standards before a licensed marriage and family therapist may provide marriage and family supervision through technology-assisted media.
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 in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 2. REQUIREMENTS FOR LICENSURE; APPLICATION PROCEDURE
13:34-2.4 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.
. . .
"Telesupervision" means the delivery by a qualified marriage and family therapy supervisor of marriage and family therapy supervision, through technology-assisted media, when the supervisor is present at one site and the intern or licensed associate marriage and family therapist is located at a separate site. "Telesupervision" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
(b) An applicant for licensure as a marriage and family therapist shall submit to the Board documentation, on a form provided by the Board, establishing that the applicant has completed a minimum of two calendar years of supervised marriage and family therapy experience and one calendar year of counseling experience, which may be in marriage and family therapy, as set forth below:
1. Supervised marriage and family therapy experience for each calendar year shall consist of:
i. A minimum of 50 hours of face-to-face supervision, at the rate of one hour per week, of which not more than [25 hours] one-half of the hours may be in group supervision;
(1) No more than one-half of the supervision hours may be provided through telesupervision. Telesupervision shall be provided consistent with the provisions at N.J.A.C. 13:34-3.5.
ii.-iii. (No change.)
2. (No change.)
(c)-(d) (No change.)
SUBCHAPTER 3. SUPERVISION
13:34-3.3 Responsibilities of qualified supervisors
(a)-(j) (No change.)
(k) A qualified supervisor who engages in telesupervision shall comply with N.J.A.C. 13:34-3.5.
13:34-3.5 [(Reserved)] Telesupervision
(a) Prior to engaging in telesupervision, a qualified supervisor shall:
1. Have completed at least six hours of education or training in telesupervision. The education or training shall:
i. Include, at a minimum, the following topics:
(1) Appropriateness of telesupervision;
(2) Handling clinical emergencies;
(3) Best practices and informed consent;
(4) Teletherapy theory and practice;
(5) Modes of delivery of supervision, including Health Insurance Portability and Accountability Act (HIPAA)-compliant technology; and
(6) Legal and ethical issues.
ii. Be a course or program approved by one of the entities set forth at N.J.A.C. 13:34-5.3(a)1, from a regionally accredited institution of higher education, or by the Board.
2. Have at least one in-person, face-to-face meeting with the intern or licensed associate marriage and family therapist prior to utilizing telesupervision.
3. Determine that telesupervision is appropriate for the intern or licensed associate marriage and family therapist, considering the individual's professional, intellectual, emotional, and physical needs;
4. Be competent in the use of technology-assisted media;
5. Take necessary precautions to protect the privacy and security of all client information;
6. Inform interns and licensed associate marriage and family therapists of the potential risks and benefits associated with telesupervision;
7. Consider the risks and responsibilities associated with telesupervision, and advise interns and licensed associate marriage and family therapists, in writing, of these risks, as well as the respective responsibilities for minimizing these risks; and
8. Consider the potential benefits and limitations in the supervisor's choices of technology-assisted media for a specific intern or licensed associate marriage and family therapist in a particular situation.
(b) A qualified supervisor who engages in telesupervision shall use interactive, real-time, two-way communication technologies, which shall include a video component that allows the qualified supervisor to see the intern or licensed associate marriage and family therapist.
1. Notwithstanding (b) above, a qualified supervisor shall consider that asynchronous communications may augment telesupervision.