reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.8 - Credit towards certification for education, training, and experience received while serving as a member of the Armed Forces: certified alcohol and drug counselor

Current through Register Vol. 56, No. 14, July 15, 2024
(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 certification under 13:34C-2.3 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee 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 certification.
(b) The Board shall issue a certificate to the applicant if the applicant presents evidence to the Committee and 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 of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for certification under 13:34C-2.3.
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
ii. An applicant seeking credit for education courses and/or training completed while in the military who has not completed the 270 hours of alcohol and drug education described in 13:34C-2.3(b)4  shall submit to the Committee 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 certification under 13:34C-2.3(b)4. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee and the Board shall consider only those education courses and/or training relevant to the practice of alcohol and drug counseling 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 certification, including successful completion of the written and oral examinations as set forth in 13:34C-2.3(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 3 - GENERAL OBLIGATIONS › Section 13:34C-3.1 - Standards of practice; scope of practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a certified alcohol and drug counselor includes, but is not limited to:
1. The 12-core functions: screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, education and prevention, referral, consultation, and reporting and recordkeeping; and
2. The collection of specimen (urine, hair, or saliva) samples for drug testing in accordance with standards established by the United States Department of Mental Health Services Administration Center for Substance Abuse and Mental Health Services Administration (SAMHSA), as set forth in the Clinical Drug Testing in Primary Care. Technical Assistance Publication (TAP) 32. HHS Publication No. (SMA) 12-4668. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2012, which is incorporated herein by reference, as amended and supplemented. The publication is available online at http://store.samhsa.gov/product/TAP-32-Clinical-Drug-Testing-in-Primary-Care/SMA12-4668.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 3 - GENERAL OBLIGATIONS › Section 13:34C-3.2 - Professional conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall engage in the practice of alcohol and drug counseling as a licensed clinical alcohol and drug counselor unless licensed pursuant to the Act and this chapter.
(b) No person shall engage in the practice of alcohol and drug counseling as a certified alcohol and drug counselor unless certified pursuant to the Act and this chapter.
(c) No person shall present, call or represent himself or herself as a licensed clinical alcohol and drug counselor unless licensed pursuant to the Act and this chapter.
(d) No person shall present, call or represent himself or herself as a certified alcohol and drug counselor unless certified pursuant to the Act and this chapter.
(e) No person shall assume, represent himself or herself as, or use the title or designation such as "alcoholism counselor," "alcohol counselor," "drug counselor," "alcohol and drug counselor," "alcoholism and drug counselor," "licensed clinical alcohol and drug counselor," "certified alcohol and drug counselor," "substance abuse counselor," "chemical dependency counselor," "addictions counselor," "certified addictions counselor," "certified addictions specialist" or "chemical dependency supervisor," or any of the abbreviations for the above titles, unless licensed or certified pursuant to the Act and this chapter, and unless the title or designation corresponds to the license or certification held by the person pursuant to the Act and this chapter.
(f) No person shall engage in the independent practice of alcohol and drug counseling for a fee unless the person is licensed as a licensed clinical alcohol and drug counselor or the person is a certified alcohol and drug counselor practicing under the supervision of a licensed clinical alcohol and drug counselor or other approved clinical supervisor approved pursuant to 13:34C-6.3.
(g) All licensees and certificate holders are responsible for the conduct of their employees, pursuant to 45:2D-11.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 3 - GENERAL OBLIGATIONS › Section 13:34C-3.4 - Duty to report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder shall notify the Committee of misconduct of another alcohol or drug counselor which the licensee or certificate holder has reason to believe has not been disclosed to the Committee. Such misconduct includes specific acts or omissions or the fact that a counselor has:
1. Had any license, certificate, permit, registration or other certificate granted by any jurisdiction limited, conditioned, qualified, restricted, suspended, revoked or not issued or renewed or voluntarily surrendered;
2. Been subject to any other disciplinary action by a licensing or certifying authority or professional association;
3. Been demoted, terminated or suspended from the person's employment for some form of misfeasance, malfeasance or nonfeasance;
4. Practiced or taught alcohol or drug counseling in violation of the laws or regulations regulating that profession; or
5. Engaged in any prohibited act listed in N.J.A.C. 13:34C-1.9(b)  and 3.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 4 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34C-4.1 - Preparation and maintenance of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder shall prepare a permanent client record for each client which accurately reflects the client contact with the licensee whether in an office, hospital, agency or other treatment, evaluation or consultation setting.
(b) A licensee or certificate holder shall make and sign entries in the client record contemporaneously with the services provided. A licensee or certificate holder may dictate an entry for later transcription, provided that the transcription is dated and identified as "preliminary" until the licensee or certificate holder reviews the transcription and finalizes the entry in the client record.
(c) The licensee or certificate holder shall include in the client record material pertinent to the nature and extent of the professional interaction, as applicable:
1. The client name, address, and telephone numbers;
2. The client complaint on intake;
3. Medical history recognized as of potential significance;
4. Substance abuse history;
5. Past and current medications;
6. Bio/psycho/social history;
7. Any finding or interpretation of standardized tests and/or instruments administered;
8. Current functional impairments and rating levels thereof;
9. A diagnostic impression;
10. A treatment plan and recovery maintenance plan focused on the specific needs of the individual client;
11. Contemporaneous and dated progress or session notes specific to the client's participation, including on-going assessment, specific components of treatment, evaluation or consultation;
12. Dates of all treatment, evaluation or consultation sessions;
13. The location of treatment, evaluation or consultation;
14. A prognosis;
15. The client identity on each page;
16. Fees charged and paid unless a separate financial record is kept;
17. The identity of each provider of treatment, evaluation or consultation (and supervisor, if any);
18. If services are rendered by a counselor intern or a certified alcohol and drug counselor, a written disclosure form signed by the client;
19. Records and reports provided by other professionals;
20. Information regarding referrals to other professionals or health care providers;
21. Appropriate consent and disclosure forms required by law;
22. Any other form required by regulation, accreditation or funding agency;
23. Discharge summary and after care plan focused on the specific needs of the individual client; and
24. A record of any treatment, drug, or service offered by the licensee and refused by the patient.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 4 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34C-4.2 - Use of computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder who prepares a client record maintained on a personal or other computer shall:
1. Maintain a hard copy, which shall include the required information set forth at 13:34C-4.1 and be produced at the time of data entry; and
2. Maintain computerized records, including back-up copies, in compliance with the confidentiality requirements set forth at 13:34C-4.5, which are protected against unauthorized access both physical and through electronic means.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 4 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34C-4.3 - Access to copy of client record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "authorized representative" means a person designated by the client, in accordance with the provisions of 42 CFR Part 2, incorporated herein by reference.
(b) A licensee or certificate holder shall require any record request to be in writing. The licensee or certificate holder shall provide a copy of the client record and/or billing records, including reports relating to the client, no later than 30 days from receipt of a request from a client or duly authorized representative. Limitations on this requirement are set forth in (g) and (h) below.
(c) Unless otherwise required by law, the licensee or certificate holder may elect to provide a summary of the record, as long as the summary adequately and accurately reflects the client's history and treatment.
(d) A licensee or certificate holder may charge a reasonable fee for the preparation of a summary and reproduction of records, which shall be no greater than an amount reasonably calculated to recoup the costs of transcription or copying.
(e) The licensee's or certificate holder's obligation hereunder to release information shall include the obligation to complete forms or reports required for third party reimbursement of client treatment expenses. The licensee or certificate holder may charge reasonable fees for completion of reports other than health insurance claim forms, for which no fee may be charged pursuant to 45:1-12.
(f) When a request is made for release of already completed reports to enable the client to receive ongoing care by another practitioner, or for use in judicial proceedings, the licensee or certificate holder shall not require prior payment for the professional services to which such reports relate as a condition for making such reports available. A licensee or certificate holder may, however, require advance payment for a report prepared for the licensee's or certificate holder's services as an expert witness.
(g) A licensee or certificate holder may withhold information contained in the client record from a client or the client's parent or guardian if in the reasonable exercise of his or her professional judgment, the licensee believes release of such information would adversely affect the client's health or welfare. That record or the summary, with an accompanying explanation of the reasons for the original refusal, shall nevertheless be provided upon request of and directly to:
1. The client's attorney;
2. Another licensed health care professional; or
3. The client's health insurance carrier.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 4 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34C-4.4 - Access by a managed health care plan to information in client record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With regard to a client whose treatment cost is covered by a wholly insured health insurance plan or a managed health care plan, a licensee or certificate holder shall make all required information available upon the request of the client or duly authorized representative with the client's consent.
(b) A licensee or certificate holder whose client has explicitly waived the counselor-client confidentiality privilege established by 45:2D-11 may release requested information deemed professionally appropriate to a third-party payor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 4 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34C-4.5 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any communication between a licensee or a certificate holder and the person or persons counseled while performing counseling shall be confidential and its secrecy preserved.
(b) All licensees or certificate holders shall comply with the provisions of 42 CFR Part 2.
(c) The privilege set forth in (a) above shall not be subject to waiver except in the following circumstances:
1. When disclosure is required by Federal or State law including, but not limited to, 2A:62A-16, 2A:62A-17 and 9:6-8.1 0; or
2. When the licensee or certificate holder is a party defendant to a civil, criminal or disciplinary action arising from that counseling, in which case the waiver of the privilege shall be limited to that action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 5 - CONTINUING EDUCATION › Section 13:34C-5.1 - Continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensed clinical alcohol and drug counselors shall complete 40 contact hours of continuing education for license renewal. The licensed clinical alcohol and drug counselor shall confirm on the renewal application that the applicant has completed all continuing education requirements pursuant to this subchapter during the biennial period preceding application for renewal.
(b) All certified alcohol and drug counselors shall complete 60 contact hours of continuing education for certification renewal. The certified alcohol and drug counselor shall confirm on the renewal application that the applicant has completed all continuing education requirements pursuant to this subchapter during the biennial period preceding the application renewal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 5 - CONTINUING EDUCATION › Section 13:34C-5.2 - Continuing education contract hour requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees and certificate holders shall complete the minimum number of required contact hours of continuing education directly related to the profession of alcohol and drug counseling.
(b) If the applicant initially obtains a license or certificate within the first year of the biennial period, the applicant shall complete 20 required contact hours of continuing education for the first renewal period.
(c) If the applicant initially obtains a license or certificate within the second year of the biennial period, the applicant shall be exempt from completing continuing education requirements for the first renewal period.
(d) All licensees and certificate holders shall complete at least six required contact hours of a Committee-approved continuing education course in legal standards related to the practice of alcohol and drug counseling in New Jersey during the initial biennial period. Beginning August 1, 2018, for each biennial period after the initial biennial period, all licensees and certificate holders shall complete at least three required contact hours of a Committee-approved continuing education course in legal standards related to the practice of alcohol and drug counseling in New Jersey.
1. These contact hours may be used towards the required continuing education hours set forth in
N.J.A.C. 13:34C-5.1
.
2. These contact hours shall focus on
N.J.S.A. 45:1-1
through 45:1-55 and 45:2D-1 through 45:2D-17 and this chapter.
3. These contact hours shall require in-person instruction, which includes webinars that are live (not previously recorded) and synchronous (the instructor and licensee or certificate holder interact with each other in real time).
4. An individual is not precluded from completing the six required contact hours for the initial biennial period prior to applying for licensure or certification, but the fulfillment of this requirement shall not be substituted for
N.J.A.C. 13:34C-2.3(b)4
v(1) and/or (2).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 5 - CONTINUING EDUCATION › Section 13:34C-5.3 - Continuing education contact hour calculations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall accept contact hours only for continuing education courses and/or programs which are at least one hour long and are directly related to the counseling profession. For purposes of this section, a "contact hour" represents a 60-minute hour with no less than 50 minutes of content within the hour. Courses or programs may include one 10-minute break for each contact hour.
(b) A licensee or certificate holder shall complete and be able to verify such completion of a continuing education course or program in order to receive continuing education credits. The Committee shall grant a licensee or certificate holder continuing education credit for each biennial renewal period as follows:
1. Course or program presentations: one and one-half contact hours of continuing education for each hour of a new course or program, up to a maximum of nine continuing education contact hours. These presentations shall not include lectures to clients or client family members. These presentations may include professional training, training for initial certification or licensure, continuing education for other professionals about substance abuse and addictions;
2. Teaching courses offered at a regionally accredited institution of higher education: 20 contact hours of continuing education for each new semester course per biennial period. For the purpose of this subsection, "new" represents a course that the licensee or certificate holder has not taught previously in any educational setting;
3. Successfully completing an undergraduate, graduate or post graduate coursework in the content areas listed at N.J.A.C. 13:34C-5.4(d), at a regionally accredited institution of higher education: 15 contact hours of continuing education for each semester course credit awarded;
4. Distance learning courses or programs: the amount of contact hours of continuing education approved by the approving organization, with a maximum of 20 contact hours for the licensed clinical alcohol and drug counselor and 30 contact hours for the certified alcohol and drug counselor per biennial period; and
5. The primary author of a peer reviewed article published in a refereed professional journal or publication within the preceding biennial period: five contact hours of continuing education hours per article or publication, with a maximum of 10 contact hours per biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 5 - CONTINUING EDUCATION › Section 13:34C-5.4 - Approval of continuing education courses and/or programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may disallow any continuing education contact hours claimed for continuing education credit that are not relevant to the practice of alcohol and drug counseling in the State of New Jersey.
(b) The following continuing education courses and programs shall be deemed automatically approved, as long as the courses or programs fall within the content areas set forth in (d) below:
1. Courses and programs approved by a regionally accredited institution of higher learning; the APCBNJ or any other ICRC member board; NAADAC, the Association for Addiction Professionals; American Society on Addiction Medicine; National Board of Certified Counselors; the American Counseling Association; the American Psychological Association; the American Psychiatric Association; the National Association of Social Workers; the American Association for Marriage and Family Therapy; the National Council on Compulsive Gambling; and the American Compulsive Gambling Counselor Certification Board;
2. Teaching a course or program in the related content areas set forth in (d) below;
3. Completing coursework in the content areas set forth in (d) below;
4. Completing a distance learning course or program approved by one of the organizations listed in (b)1 above; and
5. Being the primary author of a peer reviewed article published in a refereed professional journal or publication.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 5 - CONTINUING EDUCATION › Section 13:34C-5.5 - Documentation of continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder shall retain documentation of the contact hours of continuing education which the licensee or certificate holder completes in order to verify program attendance or activity completion. Each licensee or certificate holder shall submit such documentation to the Committee upon request. The Committee shall review the records of the licensees and/or certificate holders from time to time, to determine compliance with continuing education requirements.
(b) A licensee or certificate holder shall verify attendance at continuing education courses or programs by a certificate of attendance or by a statement from the course instructor. The verification shall include:
1. The name of the licensee or certificate holder;
2. The name of the sponsor;
3. The title, location and date of the course or program;
4. The signature of the program official or instructor;
5. The number of contact hours of continuing education; and
6. Course/program approval numbers (if applicable).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 5 - CONTINUING EDUCATION › Section 13:34C-5.6 - Waiver of continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may waive continuing education requirements on an individual basis for reasons of hardship such as illness, disability, active service in the military or other good cause.
(b) A licensee or certificate holder who seeks a waiver of the continuing education requirements shall provide to the Committee, in writing, the specific reasons for requesting the waiver and such additional information as the Committee may request in support of the waiver. The request shall be submitted to the Committee at least three months prior to the end of the biennial registration period. The Committee may either grant the waiver or grant a limited period of time within which the requirements must be fulfilled in order to renew the license or certificate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 6 - CLINICAL SUPERVISION › Section 13:34C-6.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, the following words and terms have the following meanings:
"Alcohol and drug counselor intern" means an individual in training working under the clinical supervision of a qualified clinical supervisor as set forth in 13:34C-6.2(a)  and who is working toward completing the requirements of 13:34C-2.3(b)3  ii.
"Clinical supervision" means the ongoing process of direct review of an alcohol and drug counselor intern and/or a certified alcohol and drug counselor for the purpose of administrative accountability, teaching, quality assurance, training, administering and/or clinical review of alcohol and drug counselor interns and certified alcohol and drug counselors performed by a qualified clinical supervisor who monitors the performance of the core functions of alcohol and drug counseling, providing regular consultation, guidance and instruction with respect to the counseling skills and competencies of the alcohol and drug counselor intern and/or certified alcohol and drug counselor.
"Credentialed intern" means an individual holding an active license as a health care provider as defined in 13:34C-1.2, who is working toward completing the requirements of 13:34C-2.3(b)3  ii under the clinical supervision of a qualified clinical supervisor as set forth in 13:34C-6.2A(a).
"Full time" means working at least 1,500 hours over a 50-week period.
"Group supervision" means the process of supervising no more than eight persons in a group setting by a qualified clinical supervisor as set forth in this section.
"Part time" means at least a minimum of 500 hours over a 50-week period.
"Supervised agency practice" means alcohol and drug counseling by a certified alcohol and drug counselor within an alcohol and drug treatment facility licensed by the Department of Human Services.
"Supervised practical training" or an "alcohol and drug counselor internship" means alcohol and drug counseling as a training experience leading towards licensure or certification as an alcohol and drug counselor.
"Supervised practice" means alcohol or drug counseling provided by a certified alcohol and drug counselor under the clinical supervision of a qualified supervisor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 6 - CLINICAL SUPERVISION › Section 13:34C-6.2 - Clinical supervision of alcohol and drug counselor internship training experiences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following individuals may be qualified clinical supervisors of alcohol and drug counselor interns:
1. A New Jersey licensed clinical alcohol and drug counselor. Effective June 2, 2021, to be a qualified clinical supervisor, a New Jersey licensed clinical alcohol and drug counselor shall hold a current Certified Clinical Supervisor (CCS) certification from an ICRC member board.
i. A New Jersey licensed clinical alcohol and drug counselor who, prior to June 2, 2021, was engaging in clinical supervision and is unable, due to extenuating circumstances, to obtain the CCS certification by June 2, 2021, may apply for an extension. If the Committee determines that the licensee is unable to obtain the CCS certification due to extenuating circumstances, the Committee shall grant the licensee an extension. Such application shall be filed with the Committee at least 30 days prior to June 2, 2021;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 6 - CLINICAL SUPERVISION › Section 13:34C-6.2A - Clinical supervision of credentialed interns who hold an active license as a health care provider

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following individuals may be qualified clinical supervisors of credentialed interns who hold an active license as a health care provider as defined in N.J.A.C. 13:34C-1.2, provided such individuals are not precluded from providing such supervision by the laws or regulations in this State pertinent to their health care practice:
1. A New Jersey licensed clinical alcohol and drug counselor. Effective June 2, 2021, to be a qualified clinical supervisor, a New Jersey licensed clinical alcohol and drug counselor shall hold a current Certified Clinical Supervisor (CCS) certification from an ICRC member board.
i. A New Jersey licensed clinical alcohol and drug counselor who, prior to June 2, 2021, was engaging in clinical supervision and is unable, due to extenuating circumstances, to obtain the CCS certification by June 2, 2021, may apply for an extension. If the Committee determines that the licensee is unable to obtain the CCS certification due to extenuating circumstances, the Committee shall grant the licensee an extension. Such application shall be filed with the Committee at least 30 days prior to June 2, 2021;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 6 - CLINICAL SUPERVISION › Section 13:34C-6.3 - Clinical supervision of a supervised practice for certified alcohol and drug counselors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following individuals may be qualified clinical supervisors of certified alcohol and drug counselors:
1. A New Jersey licensed clinical alcohol and drug counselor. Effective June 2, 2021, to be a qualified clinical supervisor, a New Jersey licensed clinical alcohol and drug counselor shall hold a current Certified Clinical Supervisor (CCS) certification from an ICRC member board.
i. A New Jersey licensed clinical alcohol and drug counselor who, prior to June 2, 2021, was engaging in clinical supervision and is unable, due to extenuating circumstances, to obtain the CCS certification by June 2, 2021, may apply for an extension. If the Committee determines that the licensee is unable to obtain the CCS certification due to extenuating circumstances, the Committee shall grant the licensee an extension. Such application shall be filed with the Committee at least 30 days prior to June 2, 2021;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 6 - CLINICAL SUPERVISION › Section 13:34C-6.4 - Clinical supervision of an agency practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall accept clinical supervision requirements in agencies licensed by the Department of Human Services, Division of Mental Health and Addiction Services, as substance abuse treatment facilities as they relate to the clinical supervision of alcohol and drug counselors, unless otherwise specified in this subchapter.
(b) Supervised agency practice by a certified alcohol and drug counselor does not apply to practice by that individual outside the licensed facility setting.
(c) If the Committee is advised of inadequacies in the clinical supervision of certified alcohol and drug counselors in a Department of Human Services, Division of Mental Health and Addiction Services (DMHAS) licensed substance abuse treatment facility, the Committee shall notify the DMHAS of such inadequacies and may recommend to DMHAS a plan for clinical supervision. If the inadequacies in supervision within an agency practice setting, as defined in (a) above, are not resolved within three months of such notice, the agency supervision exemption described herein shall be withdrawn and the rule for supervised practice at N.J.A.C. 13:34C-6.3 shall be imposed upon subject certificate holders until such time as the Committee determines that the inadequacies in supervision have been corrected.
(d) For purposes of certified alcohol and drug counselor and licensed clinical alcohol and drug counselor applications, the clinical director of the agency shall sign all supervisory forms required pursuant to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed or certified by the Committee.
(c) Pursuant to N.J.S.A. 45:1-62, an alcohol and drug counselor must hold a license or certification, as applicable, issued by the Committee, if he or she:
1. Is located in New Jersey and provides alcohol and drug counseling to any client located in or out of New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides alcohol and drug counseling to any client located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to or from an originating site, or to or from the licensee at a distant site, which allows for the client to be evaluated without being physically present.
"Committee" means the Alcohol and Drug Counselor Committee.
"Cross-coverage" means a licensed clinical alcohol and drug counselor who engages in a remote evaluation of a client, without in-person contact, at the request of another licensed clinical alcohol and drug counselor who has established a proper licensee-client relationship with the client.
"Distant site" means a site at which a licensee is located while providing alcohol and drug counseling by means of telemedicine or telehealth.
"Licensee" means an individual licensed or certified by the Committee.
"On-call" means a licensed clinical alcohol and drug counselor is available, where necessary, to physically attend to the urgent and follow-up needs of a client for whom the licensed clinical alcohol and drug counselor has temporarily assumed responsibility, as designated by the client's primary care licensed alcohol and drug counselor or other licensed healthcare provider of record.
"Originating site" means a site at which a client is located at the time that alcohol and drug counseling is provided to the client by means of telemedicine or telehealth.
"Proper licensee-client relationship" means an association between a licensee and client, wherein the alcohol and drug counselor owes a duty to the client to be available to render professional services consistent with his or her training and experience which is established pursuant to the requirements at N.J.A.C. 13:34C-7.4.
"Telehealth" means the use of information and communications technologies, including telephones, remote client monitoring devices, or other electronic means, to support clinical health care, provider consultation, client and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.).
"Telemedicine" means the delivery of a health care service, including mental health services, using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care licensee who is located at a distant site and a client who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
(b) If a licensee determines, either before or during the provision of alcohol and drug counseling that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.
1. A certified alcohol and drug counselor or any licensee working under supervision shall be responsible for determining whether alcohol and drug counseling can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.4 - Licensee-client relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
1. Identifying the client with, at a minimum, the client's name, date of birth, phone number, and address. A licensee may also use a client's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and Committee certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.5 - Provision of alcohol and drug counseling through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:34C-7.4, a licensee may provide alcohol and drug counseling to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of alcohol and drug counseling to clients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the client's originating site and a contact phone number that is valid for the duration of the session, and record this information in the client's record. If, during the session, contact with the client is interrupted, once contact is re-established the licensee shall re-verify the client's location.
(c) A licensee providing health care services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component that allows a licensee to see a client and the client to see the licensee during the provision of alcohol and drug counseling services.
(d) A licensee providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provided to a client. Such records shall comply with the requirements at N.J.A.C. 13:34C-4.1 and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.7 - Prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address:
1. Authentication and authorization of users;
2. Authentication of the client during the initial intake pursuant to N.J.A.C. 13:34C-7.4(a)1;
3. Authentication of the origin of information;
4. The prevention of unauthorized access to the system or information;
5. System security, including the integrity of information that is collected, program integrity, and system integrity;
6. Maintenance of documentation about system and information usage;
7. Information storage, maintenance, and transmission; and
8. Synchronization and verification of client profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 7 - TELEMEDICINE AND TELEHEALTH › Section 13:34C-7.8 - Privacy and notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees who communicate with clients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards pursuant to 45 CFR 160 and 164, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) Written privacy practices pursuant to (a) above shall include privacy and security measures that assure confidentiality and integrity of client-identifiable information. Transmissions, including client email, prescriptions, and laboratory results must be password protected, encrypted, or protected through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach in confidentiality of client information, as defined at 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR 164.
(d) Licensees, or their authorized representatives, shall provide a client, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the client's written acknowledgement of receipt of the notice.
(e) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give clients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the counseling or treatment recommendations, or in the event of an inability to communicate as a result of a technological or equipment failure. A licensee shall obtain a signed and dated statement indicating that the client received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensee exercising ordinary skill and care would deem reasonably necessary to provide care to a client, the licensee shall inform the client of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the client regarding the need for the client to obtain an additional in-person mental health or medical evaluation reasonably able to meet the client's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34D - ART THERAPISTS ADVISORY COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34D-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter implement the provisions of P.L. 2015, c. 199 (N.J.S.A. 45:8B-51et seq.), the Art Therapist Licensing Act (Act).
(b) This chapter shall apply to all persons presently practicing, those seeking to practice, and those seeking licensure to engage in the practice of art therapy in the State of New Jersey.
(c) This chapter shall not apply to the activities and services of:
1. An individual exempt from the provisions of the Act pursuant to N.J.S.A. 45:8B-59, including, but not limited to, physicians, psychologists, psychoanalysts, registered nurses, marriage and family therapists, social workers, occupational therapists, professional or rehabilitation counselors, clinical alcohol and drug counselors, or any other professional licensed by the State, when acting within the scope of his or her profession and doing work of a nature consistent with his or her training, provided he or she does not hold him- or herself out to the public as a licensed professional or associate art therapist or represent him- or herself by any professional title regulated by the Act or this chapter.
2. The activities of an art therapy nature on the part of persons employed by an accredited or State-approved college or university, or working in a recognized training program, provided that these activities and services constitute a part of a supervised course of study and that those persons are designated by a title such as "art therapy intern" or other title clearly indicating the training status appropriate to the level of training.