reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 4 - SUPERVISION OF CANDIDATES FOR LICENSURE › Section 13:42-4.1 - Amount of supervision required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure shall be required to document the competent performance of at least two years of full time or full-time equivalent supervised experience in the practice of psychology.
(b) The equivalent of one year of full-time supervised experience shall be a minimum of 1,750 hours. The 1,750 hours shall include:
1. One thousand client contact hours completed in accordance with the limitations provided in N.J.A.C. 13:42-3.6(f);
2. Two hundred hours of supervision. At least 100 hours shall be individual face-to-face supervision; the remaining 100 hours may be individual or group supervision. The ratio shall be one hour of supervision for each five hours of client contact per week; and
3. Five hundred fifty hours in other work-related activities such as recordkeeping, consultations, report writing, etc.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 4 - SUPERVISION OF CANDIDATES FOR LICENSURE › Section 13:42-4.2 - Authorized supervisors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Supervision of experience for licensure purposes, including experience in exempt settings, shall be rendered by:
1. A psychologist licensed in New Jersey for at least two years; or
2. For supervised experience obtained in another state, a psychologist licensed in that state for at least two years and who is eligible for licensure in New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 4 - SUPERVISION OF CANDIDATES FOR LICENSURE › Section 13:42-4.4 - Responsibilities of supervisor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A supervisor shall obtain prior Board approval and shall provide the Board with a letter stating that the supervisor has agreed to enter into a supervisory arrangement with the permit holder.
(b) A supervisor shall supervise no more than three permit holders at any one time, except for good cause shown and at the discretion of the Board.
(c) Every six months and at the completion of the supervision, the supervisor shall document the supervised experience on a form provided by the Board. The information to be supplied on the form includes the dates during which the permit holder was under supervision, the nature of the cases assigned, and the proficiency rating earned by the permit holder.
(d) A supervisor shall ensure that the permit holder has, at all times, a current and valid Board permit or other required authorization.
(e) A supervisor shall provide adequate and timely evaluations, as required by the work setting, to employees, permit holders, students and others whose work is being supervised.
(f) Prior to a permit holder's commencement of client treatment, the supervisor shall obtain a written disclosure form, which shall be signed by the client and retained as part of the client record, acknowledging that the client has been informed that:
1. Services are to be rendered by a permit holder who is not a licensed psychologist; and
2. Third party payors may not necessarily reimburse services rendered by a person not licensed by this Board, notwithstanding supervision by a licensed psychologist.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 4 - SUPERVISION OF CANDIDATES FOR LICENSURE › Section 13:42-4.5 - Supervision of individuals exempt from licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A psychologist may supervise services of a psychological nature rendered in:
1. A private practice setting by a health care professional exempt from licensure pursuant to 45:14B-8; and
2. An exempt non-profit bona fide community organization as defined in 13:42-1.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 4 - SUPERVISION OF CANDIDATES FOR LICENSURE › Section 13:42-4.6 - Financial arrangements between supervisor and supervisee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial arrangements between the supervisor and supervisee shall be reasonable and may take into account the special teaching arrangement that forms the context of the relationship. For example, the supervisor may designate the supervisee as a part-time employee.
(b) The supervisor shall charge the supervisee separately, if at all, for the supervision itself or for ancillary costs such as rent for use of premises, equipment, malpractice insurance, etc.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 5 - EXAMINATION › Section 13:42-5.1 - Board-approved written examination; jurisprudence online examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate who has been admitted to sit for examination shall take the Examination for Professional Practice in Psychology sponsored by the Association of State and Provincial Psychology Boards (ASPPB). A passing score shall be that as established by the ASPPB at the time of the examination.
(b) A candidate who passes the written Examination for Professional Practice in Psychology shall then take the Board's jurisprudence online examination within 90 days of notification of passing the Examination for Professional Practice in Psychology.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 5 - EXAMINATION › Section 13:42-5.2 - Examination review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate who fails the written examination may request a handscoring of answer sheets, copy of individual answer sheet or role-feedback as available from the Professional Examination Service (PES). The candidate shall be responsible for payment of any fees required by the PES. The candidate's written request for review must reach the Board's Executive Director within 45 days of the date of the letter of notification of examination results.
(b) A candidate who fails the jurisprudence examination may request a review of the jurisprudence examination. The candidate's written request for review must reach the Board's Executive Director within 45 days of the date of the letter of notification of examination results. The Executive Director will make the jurisprudence examination available to the candidate at the Board office on a mutually convenient date. Neither the candidate nor an agent of the candidate may copy the jurisprudence examination during this or any review of the jurisprudence examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 5 - EXAMINATION › Section 13:42-5.3 - Licensure by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a license to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:
1. The Board determines that the state that issued the license has, or had, at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current Board standards;
2. The applicant has been practicing in the profession of psychology for a period of at least two years within the five years prior to the date of application; and
3. The requirements of (b) below are satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 5 - EXAMINATION › Section 13:42-5.4 - License without examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A psychologist who holds a diploma from the American Board of Professional Psychology awarded by examination, and who meets all other requirements of New Jersey law, shall be licensed following completion of the jurisprudence online examination.
(b) A psychologist shall be licensed following completion of the jurisprudence online examination without having to take the Examination for Professional Practice in Psychology sponsored by the Association of State and Provincial Psychology Boards (ASPPB), if he or she:
1. Holds the ASPPB Certificate of Professional Qualification (CPQ) in psychology or is credentialed by the National Register of Health Service Psychologists; and
2. Meets all other requirements of New Jersey law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 5 - EXAMINATION › Section 13:42-5.5 - Subversion of the licensing examination process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any individual found by the Board to have engaged in conduct which subverts or attempts to subvert the licensing examination process may, at the discretion of the Board, have his or her scores on the licensing examination withheld or declared invalid, be found ineligible for licensure, be dis- qualified from the practice of the pertinent profession, and/or be subject to the imposition of other appropriate sanctions pursuant to 45:1-22.
(b) Conduct which subverts or attempts to subvert the licensing examination process includes:
1. Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; taping, reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; or selling, distributing, buying, receiving or having unauthorized possession of any portion of a current or future licensing examination;
2. Conduct which violates the standard of test administration, such as communicating with any other examinee during the administration of the licensing examination; copying answers from another examinee or permitting one's answers to be copied by another examinee during the administration of the licensing examination; or having in one's possession during the administration of the licensing examination any copying or taping equipment, or any books, notes, written or printed materials or data of any kind, other than the examination materials distributed; or
3. Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the licensing examination, impersonating an examinee, or having an impersonator take the licensing examination on one's behalf.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 5 - EXAMINATION › Section 13:42-5.6 - Failure of examination; when retaking permitted

Current through Register Vol. 56, No. 14, July 15, 2024
The written examination may be retaken in accordance with the rules established by the Association of State and Provincial Psychology Boards (ASPPB) provided that all applicable requirements have been satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 6 - BOARD FEES › Section 13:42-6.1 - Board fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Charges for examinations, licensure, and other services are:
1. Application fee: $ 125.00.
2. Examination fee: $ 100.00 jurisprudence.
3. Initial license fee:
i. During the first year of a biennial license renewal period: $ 300.00.
ii. During the second year of a biennial license renewal period: $ 150.00.
4. License renewal fee, biennial: $ 300.00.
5. Late renewal fee in addition to biennial renewal:
i. Up to 30 days late: $ 75.00.
6. Reinstatement fee in addition to biennial renewal fee: $ 300.00.
7. Temporary permit:
i. $ 110.00 plus $ 50.00 for each additional supervisor.
ii. Review of extension request for one-year and three-year permits, each: $ 25.00.
8. Replacement wall certificate: $ 50.00.
9. Certification of licensure: $ 35.00.
10. Duplicate renewal certificate: $ 25.00.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.1 - Independent practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee practicing independently may employ or otherwise remunerate the following individuals to render professional services only in circumstances where quality control of the employed practitioner's professional practice can be and is lawfully supervised and evaluated by the licensee:
1. Other licensed practitioners to render services within the scope of practice of each employee's license; and
2. Practitioners who are authorized to practice psychology under an exemption from licensure pursuant to 13:42-1.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.2 - Partnership, professional service corporation, or limited liability entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not practice psychology in a general business corporation except as provided in 13:42-7.5. A licensee may practice in any of the following business entities:
1. Partnership;
2. Professional service corporation;
3. Limited liability company; or
4. Limited liability partnership, as long as the owners (partners, shareholders, members) of the entity consist solely of New Jersey licensed health care professionals.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.3 - Biofeedback; employer of biofeedback technician

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed psychologist may perform or directly supervise the performance of appropriate biofeedback services in a clinical setting as a component of psychological services. Prior medical evaluation and supervision are not required for this psychological service.
(b) A licensed psychologist shall not diagnose, or offer to provide independent biofeedback treatment for a medical condition, a complaint of pain, or other significant physical symptom or condition that has not been medically evaluated. Following such evaluation, psychological biofeedback treatment may be offered in accordance with (a) above or (c) below.
(c) A licensed psychologist may, in a clinical setting, offer therapeutic or palliative biofeedback services in consultation with a licensed physician, as a component of an integrated psychological treatment program for a medically diagnosed condition reasonably believed to be amenable to such treatment.
(d) For purposes of this section, "biofeedback" means the application of bio-regulation procedures to the management of cognitive and physiological status. The feedback may encompass smooth muscle, striated muscle, cardiac muscle, brain wave, blood pressure, skin conduction and other physiological measures.
(e) For purposes of this section, "direct supervision" means that the licensee shall be constantly accessible, either on-site or through electronic communication, and available to render assistance when required and that the licensee shall retain full professional responsibility for client care and treatment.
(f) A licensee with specialized training in biofeedback may employ a biofeedback technician on the office premises, as appropriate to the primary practice of the employer, only under the following circumstances:
1. The licensee shall provide instruction to the technician; ascertain that the technician has received education and training appropriate for the work assigned; ensure that the technician obtains continuing education credits consistent with standards in the field; and regularly direct, supervise and monitor the technician's work;
2. The licensee shall provide direct supervision to the technician, as defined in (e) above; and
3. The activities of the technician shall be limited to:
i. Operating machinery for monitoring feedback, including positioning of the monitoring equipment; and
ii. Providing instruction in the use of the machinery to the client.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.4 - Employer of neuropsychometric technician

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "direct supervision" means that the licensee shall be constantly accessible, either on-site or through electronic communication, and available to render assistance when required and that the licensee shall retain full professional responsibility for client care and treatment.
(b) A licensee may employ a neuropsychometric technician as an assistant, for the purpose of administering certain classes of sensory, motor and other measures, only under the following circumstances:
1. The licensee shall provide instruction to the technician; ascertain that the technician has received education and training appropriate for the work assigned; ensure that the technician obtains continuing education credits consistent with standards in the field; and regularly direct, supervise and monitor the technician's work;
2. The licensee shall provide direct supervision to the technician, as defined in (a) above; and
3. The activities of the technician shall be limited to the administration of neuropsychological tests which have specific mechanical administration procedures and which do not require interpretation, querying of the examinees about individual items, or other judgments.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.5 - Shareholder or employee of a general business corporation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may offer health care services as an employee of a general business corporation in this State only in one or more of the following settings. Any such setting shall have a designated director of psychological services or a medical director licensed in this State who is regularly on the premises and who (alone or with other persons authorized by the Department of Health, if applicable) is responsible for licensure verification, credentialing and quality control of the provision of psychological services.
1. The corporation is licensed by the New Jersey Department of Health as a health maintenance organization, hospital, long or short term care facility, or ambulatory care facility. Alternatively, the corporation may be another type of health care facility or corporate health care provider accredited by the Joint Commission on Accreditation of Health Care Organizations. The above accredited corporate employers may include a facility which is a component part of a for-profit corporation employing or otherwise remunerating licensed psychologists, provided that the health care facility/provider has a formal credentialing process and quality control procedures, and service providers are supervised by a psychologist or physician licensed in this State and regularly on the premises.
2. The corporation is not in the business of offering treatment services to the public but maintains a clinic for the purpose of providing psychological services to employees and/or for monitoring the health environment of employees. The licensee rendering care or evaluation in this setting shall comply with the provisions of N.J.A.C. 13:42-8 regarding preparation, maintenance and release of treatment and health monitoring records;
3. The corporation is a non-profit corporation sponsored by a union, social, religious or fraternal organization providing health care services to members only; and/or
4. The corporation is an accredited educational institution which maintains a medical or psychological service clinic for health care service to students and faculty.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.6 - Managed health care plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "managed health care plans" include, but are not limited to, plans involving wholly or partially pre-paid medical/psychological services. By way of example, these include plans commonly described as health maintenance organizations, preferred provider organizations, competitive medical/psychological plans, individual practice associations, or other similar designations.
(b) A licensee may enter into a plan agreement which provides interim remuneration to licensees by making provisional allocation of percentages of plan-member fees, whether denominated as reserves, pools, withholds, holdbacks, etc., for the purpose of funding all portions of the health services plan.
(c) A licensee may participate in a plan which requires a purchase of shares for the purpose of providing start-up funds, provided that any profits of the plan are paid solely in accordance with the principles listed in this section and the licensee complies with the following professional requirements:
1. The licensee retains authority at all times to exercise professional judgment within accepted standards of practice regarding care, skill and diligence in examinations, diagnosis and treatment of each client;
2. The licensee retains authority at all times to inform the client of appropriate referrals to any other health care providers:
i. Whether or not those persons are provider-members of the plan; and
ii. Whether or not the plan covers the cost of the non-member provider's services to the client;
3. Plan clients are informed that they may be personally responsible for the cost of treatment by a provider who is not a member of the plan or for treatment which the plan administration does not approve; and
4. Plan clients are informed of the financial arrangements between the licensee and the plan, including financial incentives and disincentives established by the plan affecting availability or provision of treatment or other psychological services to plan members.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.7 - Conduct of professional practice; quality control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall establish policies and procedures with respect to licensed or exempt personnel who are employed by or under the supervision of the licensee. The policies and procedures shall include, but need not be limited, to the following:
1. Designation of a licensed practitioner responsible for:
i. Hiring professional staff and verifying current licensing credentials, permits or other educational/training credentials required by law or pertinent agency rule (for example, recertifications, continuing professional education, current biennial registration or permits, etc.); and/or
ii. The professional propriety of billing and of advertising or other representations;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 7 - ACCEPTABLE PROFESSIONAL PRACTICE › Section 13:42-7.8 - Real estate arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may be an owner, investor or lessor in real estate utilized for the conduct of a professional practice, provided that rent, dividends or any other forms of remuneration are received solely on the basis of the investment or fair market value, as applicable to the circumstances.
(b) A licensee may lease space to or from another licensed health care professional to whom clients are referred only where rent is a fixed fee determined by the fair market value, or less, and is for a regular term and not for sporadic use of the space.
(c) A licensee may lease professional space from a commercial entity on any arrangements consistent with standard business practice in the community, provided the arrangements do not affect the licensee's professional discretion in matters including choice of clients, professional services offered, or fees.
(d) The establishment of any lease, investment or other commercial relationship for the conduct of professional practice other than as set forth in this section shall require Board approval for good cause shown.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 8 - CLIENT RECORDS: CONFIDENTIALITY › Section 13:42-8.1 - Preparation and maintenance of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall prepare and maintain separately for each client a permanent client record which accurately reflects the client contact with the licensee whether in an office, hospital or other treatment, evaluation or consultation setting.
(b) A licensee shall make entries in the client record contemporaneously with the services provided. A licensee may dictate an entry for later transcription, provided the transcription is dated and identified as "preliminary" until the licensee reviews the transcription and finalizes the entry in the client record.
(c) The licensee shall include in the client record material pertinent to the nature and extent of the professional interaction, for example:
1. The location of treatment, evaluation or consultation;
2. The client name, address and telephone number;
3. The client complaint on intake;
4. Medical history recognized as of potential significance;
5. Past and current medications;
6. Significant social history;
7. Findings on appropriate examination;
8. Raw data and interpretation of tests administered;
9. Current functional impairments and rating levels thereof;
10. A diagnostic impression;
11. Contemporaneous and dated progress or session notes including specific components of treatment, evaluation or consultation;
12. Dates of all treatment, evaluation or consultation sessions;
13. An evaluation of progress (if applicable);
14. A prognosis;
15. The client identity on each page;
16. Fees charged and paid;
17. The identity of each provider of treatment, evaluation or consultation (and supervisor, if any); and
18. If services are rendered by a permit holder, the written disclosure form signed by the client as required by 13:42-4.4(f).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 8 - CLIENT RECORDS: CONFIDENTIALITY › Section 13:42-8.2 - Use of personal or other computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who prepares a client record maintained solely on a personal or other computer shall use a write-protected program which:
1. Contains an internal permanently activated date and time recordation for all entries;
2. Automatically prepares a back-up copy of the file; and
3. Is designed in such manner that, after the licensee "signs" by means of a confidential personal code ("CPC"), the entry cannot be changed in any manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 8 - CLIENT RECORDS: CONFIDENTIALITY › Section 13:42-8.3 - 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, but is not necessarily limited to, a person designated by the client or a court to exercise rights under this section. An authorized representative may be client's attorney or an agent of a third party payor with whom the client has a contract which provides that the third party payor be given access to records to assess a claim for monetary damages or reimbursement.
(b) A licensee may require the record request to be in writing. No later than 30 days from receipt of a request from a client or duly authorized representative, the licensee shall provide a copy of the client record and/or billing records, including reports relating to the client. Limitations on this requirement are set forth in (e) below and 13:42-8.6(b)  and in N.J.A.C. 13:42-11.
(c) The licensee may elect to provide a summary of the record, as long as the summary adequately reflects the client's history and treatment, unless otherwise required by law.
(d) A licensee 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) A licensee may withhold information contained in the client record from a client or the client's 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.
1. 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:
i. The client's attorney;
ii. Another licensed health care professional; or
iii. The client's health insurance carrier (except as may be limited by N.J.A.C. 13:42-11 ).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 8 - CLIENT RECORDS: CONFIDENTIALITY › Section 13:42-8.4 - 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 multiple employer welfare arrangement (MEWA), including a managed health care plan, a licensee shall make available, on request of the client or duly authorized representative with the client's consent, all information required, but only pursuant to 13:42-11.4.
(b) A psychologist whose client has explicitly waived the psychologist-client privilege established by 45:14B-28 may release requested information deemed professionally appropriate, not limited by the constraints of the Peer Review Law, 45:14B-31 et seq., to a third-party payor whose benefit plan is qualified under the Federal Employee Retirement Income Security Act (ERISA); that is:
1. The plan of a self-insured employer or an entity providing administrative services to that employer for the purposes of determining entitlement to benefits; or
2. An employer's "stop-loss" plan (i.e., a plan in which an employer self-insures up to a certain amount and then purchases excess insurance beyond that amount from an insurance company).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 8 - CLIENT RECORDS: CONFIDENTIALITY › Section 13:42-8.5 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of the licensee's teaching, practice or investigation. However, the licensee shall reveal the information to appropriate professional workers, public authorities and the threatened individual(s) or their representatives only, if in the licensee's judgment, exercised in accordance with the standards of the profession, any one of the following circumstances occur:
1. There is a clear and imminent danger to the individual or the public;
2. There is probable cause to believe that an identifiable potential victim of a client is likely to be in danger; or
3. Release of such information is otherwise mandated by law, such as, but not limited to, 2A:62A-17.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 8 - CLIENT RECORDS: CONFIDENTIALITY › Section 13:42-8.6 - Minors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise ordered by a court, if the client is a minor, a parent or legal guardian will be deemed to be an authorized representative, as defined at 13:42-8.3(a). When the patient is more than 14 years of age, but has not yet reached the age of majority, the authorization shall be signed by the patient and by the patient's parent or legal guardian, pursuant to 45:14B-36(e).
(b) This section shall not require a licensee to release to a minor's parent or guardian records or information relating to the minor's sexually transmitted disease, termination of pregnancy or substance abuse or any other information that in the reasonable exercise of the licensee's professional judgment may adversely affect the minor's health or welfare.
(c) Unless otherwise ordered by a court, at least one parent or guardian shall consent to the treatment of a minor. If one parent consents, a licensee may treat a minor even over the objection of the other parent.
(d) The provisions at 13:42-8.3, 8.4 and 8.5 shall apply to access to client records, access by a managed health care plan to information in client record and confidentiality of minors.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of this subchapter, the following terms shall have the indicated meanings unless the context clearly indicates otherwise:
"Advertisement" means an attempt directly or indirectly by publication, dissemination or circulation in print, electronic or other media which directly or indirectly induces or attempts to induce any person or entity to purchase from a Board licensee, or enter into an agreement to purchase, services, treatment or goods related thereto.
"Board licensee" means any professional licensee of the State Board of Psychological Examiners.
"Electronic media" include, but are not limited to, radio, television, telephone, Internet and other electronic means of communication.
"Professional service" means a service which a Board licensee or professional association performs or lawfully authorizes a person under supervision to perform.
"Print media" includes newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, direct mail, matchcovers, business cards, stationery and other items disseminated by means of the printed word.
"Range of fees" means a statement of fees containing an upper and lower limit on the fees charged for services or goods offered by a Board licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.2 - Advertising; general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Board licensee (but not a permit holder) may provide information to the public by advertising in print or electronic media.
(b) A licensee shall be able to substantiate the truthfulness of any material, objective assertion or representation set forth in an advertisement, when requested by the Board to do so.
(c) A licensee who is a principal, partner or officer of a firm or entity identified in an advertisement which offers psychological services or goods shall be responsible for the form and content of any advertisement disseminated by or on behalf of a licensee affiliated with the firm.
(d) A licensee shall assure that an advertisement does not misrepresent, suppress, omit or conceal a material fact. Omission, suppression or concealment of a material fact includes use of any print, language or format which directly or indirectly obscures a material fact under circumstances where the licensee knows or should know that the omission is improper or prohibits a prospective client from making a full and informed judgment on the basis of the information set forth in the advertisement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.3 - Minimum content of advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensee advertisements and public representations, including advertisements in a classified directory, business card, website, Internet service, and professional stationery, but not including an office entry sign, shall contain the following:
1. The licensee's name and license number; and
2. The address and telephone number of the licensee's practice location.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.4 - Use of professional credentials and certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall accurately and objectively represent his or her competence, education, training and experience in all advertisements and professional representations.
(b) Advertisements which include information on professional credentials shall contain the highest academic degrees attained relating to the practice of psychology and shall refer only to degrees obtained from an accredited academic institution or an academic institution acceptable under the rules of the New Jersey State Department of Higher Education.
(c) A licensee may include in an advertisement degrees earned from bona fide accredited educational institutions. A licensee also may include in an advertisement, certifications obtained from bona fide accrediting bodies so long as the name of the accrediting body is identified and the discipline in which the certification was obtained is specified in the advertisement.
(d) Nothing in this section shall preclude any truthful and non-deceptive statement in regard to education or experience in a particular area of psychology.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.5 - Advertising making reference to or setting forth a fee; required disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertising making reference to or setting forth a fee shall be limited to that which contains a fixed or a stated range of fees for specifically described professional services.
(b) Advertising making reference to or setting forth a fee shall include the following disclosures:
1. All relevant and material variables and considerations which are ordinarily included in the advertised services so that the fee will be clearly understood by prospective clients. In the absence of such disclosures, the stated fees shall be presumed to include everything ordinarily required for the advertised services;
2. A specific delineation of additional services contemplated and the fee to be charged therefor. In the absence of such disclosures, the licensee shall be prohibited from charging an additional fee for the advertised service; and
3. The time period during which the advertised fee will remain in effect. In the absence of such disclosure, the advertisement shall be deemed to be effective for 30 days from the date of the advertisement's initial publication.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.6 - Use of testimonials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may use an advertisement containing either a lay or an expert testimonial provided that:
1. The testimonial is based upon the testimonial giver's personal knowledge or experience obtained from a past, completed provider relationship with the licensee or upon the testimonial giver's direct personal knowledge of the subject matter of the testimonial; and
2. The licensee obtains, prior to the use of the testimonial, a signed, notarized statement and release indicating the testimonial giver's willingness to have his or her testimonial used in the advertisement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.7 - Prohibited types or methods of advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not make any statement or claim or make use of any professional format which is false, fraudulent, misleading or deceptive with regard to the performance of professional services or accepted standards of professional practice.
(b) A licensee shall not use the word "doctor" or an otherwise incomplete and misleading designation when offering to perform professional services without also indicating that the licensee is a psychologist.
(c) A licensee shall not guarantee that satisfaction or a cure will result from the performance of professional services.
(d) A licensee shall not claim or use any secret or special method of treatment and/or diagnostic technique which the licensee refuses to divulge to the Board.
(e) A licensee shall not make claims of professional superiority with regard to services or goods offered or with regard to apparatus, equipment or technology utilized unless the licensee can substantiate such claims.
(f) A licensee shall not communicate any fact, data or information which may identify a client without the client's written consent.
(g) A licensee shall not offer or promote a professional service which the licensee knows or should know is beyond the licensee's ability to perform.
(h) A licensee shall not permit an advertisement to contain any technique or communication which appears to intimidate, exert undue pressure or unduly influence a prospective client.
(i) A licensee shall not engage, either directly or indirectly through an agent, employee or representative, in any in-person solicitation with a prospective client, except that a licensee may offer to a business entity, or its representative, psychological services to be provided to a class of persons.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.8 - Retention of advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall retain, for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print media as well as a video or audio tape of every advertisement communicated by electronic media. All advertisements in the licensee's possession shall indicate the accurate date and place of publication.
(b) A licensee who advertises through the use of testimonials shall maintain documentation relating to the testimonial for a period of three years from the date of the last use of the testimonial. Documentation shall include, but not be limited to:
1. The name, address and telephone number of the testimonial giver identified in the advertisement;
2. The type and amount or value of compensation; and
3. The notarized statement and release required pursuant to 13:42-9.6(a)2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:42-9.9 - Misleading implications of licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person not licensed under the Practicing Psychology Licensing Act is prohibited from implying licensure under the Act by using a title or description which, when used in combination with other circumstances, would lead a reasonable person to think that the individual is a licensed psychologist or is authorized to perform professional services which only a licensed psychologist can offer. Examples of such conduct, whether for recompense or not, include:
1. Representing that he or she has:
i. A graduate degree or is a candidate therefor in psychology or an allied field;
ii. Membership in psychological organizations;
iii. Training or certification in applied psychological methods; or
iv. Professional association and identification with a licensed psychologist, unless the individual is the holder of a duly authorized and valid Board permit or is otherwise duly authorized to engage in a health care profession with a psychologist; or
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.1 - Posting of practice authorization

Current through Register Vol. 56, No. 14, July 15, 2024
Every licensee shall prominently display in every place of conducting independent practice his or her current renewal certificate, or current duplicate renewal certificate, and the following notice:
(Name of Individual) is licensed by the Board of Psychological Examiners, an agency of the Division of Consumer Affairs. Any member of the consuming public may notify the Board of any complaint relative to the practice conducted under this license at the Division of Consumer Affairs, Board of Psychological Examiners, Post Office Box 45017, 124 Halsey Street, Newark, New Jersey 07101.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.2 - Notification of change of address; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each licensee and permit holder shall notify the Board, in writing, within 30 days of any change in the address on file with the Board and shall specify whether the address is a residence or 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 shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.