reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.5 - Endorsement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who is licensed or registered under the laws of a state, territory or jurisdiction of the United States and who otherwise meets the requirements of 13:44G-4.1 and 4.2 may be exempted from the examination requirements of 13:44G-4.1 and 4.2 provided that:
1. The educational and experiential requirements of the state, territory or jurisdiction are substantially the same as the requirements of N.J.S.A. 45:15BB-1 et seq.; and
2. The applicant has passed an examination which is similar to the Board-required examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.6 - Credit towards licensure or certification for education, training, and experience received while serving as a member of the Armed Forces

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 licensure or certification under N.J.A.C. 13:44G-4.1, 4.2, and 4.3 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure or certification.
(b) The Board shall issue a license or certificate to the applicant if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, education, and experience the applicant received in the Armed Forces, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, education, and experience required for licensure or certification under N.J.A.C. 13:44G-4.1, 4.2, or 4.3.
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the program required for licensure or certification under N.J.A.C. 13:44G-4.1, 4.2, or 4.3. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of social work that have been evaluated by the American Council on Education for substantial equivalence to civilian social work education; and
3. The applicant complies with all other requirements for licensure or certification, including successful completion of the applicable licensing examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 4 - APPLICANT QUALIFICATIONS; BOARD-APPROVED EXAMINATION; ENDORSEMENT › Section 13:44G-4.7 - Abandonment of application for licensure or certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a license or certification submitted to the Board will be deemed abandoned if:
1. The individual applying for the license or certificate has not submitted, to the Board, all of the information and documentation required to obtain the license or certificate and:
i. One year has elapsed since the last notice to the applicant was sent by the Board informing the applicant that the Board has not received all of the information and documentation required for licensure or certification; and
ii. The last notice to the applicant states that the application will be deemed abandoned if the required information and documentation is not received by the Board within one year; or
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 6 - CONTINUING EDUCATION › Section 13:44G-6.1 - License and certification renewal and continuing education requirement

Current through Register Vol. 56, No. 14, July 15, 2024
Any applicant who applies for a license or certification renewal shall confirm on the renewal application that the applicant has completed continuing professional education programs or courses of the types and number of credits specified in 13:44G-6.2, 6.3 and 6.4. The Board shall not issue a license or certification renewal to any applicant who fails to confirm that the applicant has completed the continuing professional education requirements unless the Board issues the applicant a valid waiver pursuant to 13:44G-6.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 6 - CONTINUING EDUCATION › Section 13:44G-6.2 - Credit-hour requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a biennial license or certification renewal shall complete the applicable continuing education credits as follows:
1. An LCSW shall complete a minimum of 40 credits of continuing education, of which at least 20 of the 40 credits shall be in courses or programs directly related to clinical practice; of the remaining 20 credits, five credits shall be related to ethics, and three credits shall be in the subject area of social and cultural competence. If the LCSW earns more than 40 credits during a biennial period, the LCSW may carry a maximum of eight surplus credits into a succeeding biennial period;
2. An LSW shall complete a minimum of 30 credits of continuing education, five of which must be related to ethics and three of which shall be in the subject area of social and cultural competence. If the LSW earns more than 30 credits during a biennial period, the LSW may carry a maximum of six surplus credits into a succeeding biennial period; and
3. A CSW shall complete a minimum of 20 credits of continuing education, five of which must be related to ethics and three of which shall be in the subject area of social and cultural competence. If the CSW earns more than 20 credits during a biennial period, the CSW may carry a maximum of four surplus credits into a succeeding biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 6 - CONTINUING EDUCATION › Section 13:44G-6.3 - Content areas for continuing education credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall grant continuing education credit only for programs or courses which are directly related to social work practice and which are advertised and available on a nondiscriminatory basis.
(b) The following content areas are acceptable for continuing education credit:
1. Theories and concepts of human behavior and the social environment;
2. Social work practice, knowledge and skills;
3. Social work research, program evaluation or practice evaluation;
4. Management/administration/social policy; and
5. Social work ethics, including, but not limited to, topics in boundary relationships, conflicts of interest, confidentiality, and recordkeeping.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 6 - CONTINUING EDUCATION › Section 13:44G-6.5 - Documentation of continuing education credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder shall keep comprehensive records of the continuing education hours which the licensee or certificate holder completes in order to verify program attendance or activity completion. Each licensee and certificate holder shall submit such documentation to the Board upon its request.
(b) The licensee or certificate holder shall verify attendance at approved continuing education programs by a certificate of attendance or by a statement from the instructor of the offering. The verification shall include:
1. The title, including the specific designation of whether the course or program is clinical practice, ethics, cultural competency, or general social work, date, and location of course offering;
2. Name of the attendee;
3. Number of credits awarded;
4. Name and signature of officer or responsible party; and
5. The number of continuing education hours.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 6 - CONTINUING EDUCATION › Section 13:44G-6.6 - Waiver of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may, at its discretion, 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 Board, in writing, the specific reasons for requesting the waiver and such additional information as the Board may request in support of the waiver.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 6 - CONTINUING EDUCATION › Section 13:44G-6.7 - Board recognition of continuing education approval entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An entity that wishes to obtain Board recognition as an entity that may approve continuing education courses shall submit the approval entity applicant fee set forth at N.J.A.C. 13:44G-4.1(a)16 i and apply to the Board for such recognition, in writing, indicating that it:
1. Requires an applicant for continuing education course approval to indicate whether it has applied to another entity for approval and if such application has been denied by the other entity;
2. Has a complaint process for continuing education courses that have not been approved with an option to appeal to the Board if the sponsor is displeased with the results of that process;
3. Has a complaint process through which attendees of approved continuing education courses may register complaints with the entity with an option to appeal to the Board if an attendee is displeased with the results of the process;
4. Lists all approved continuing education courses on its website;
5. Requires courses to maintain attendance records for five years;
6. Utilizes only certified social workers, licensed social workers or licensed clinical social workers in good standing to review continuing education courses;
7. Approves continuing education courses only, not continuing education sponsors;
8. Requires that approved continuing education courses comply with the requirements of 13:44G-6.3;
9. Sets forth, in documentation sent to an approved course, the number of credits contained in the course and whether these credits are in clinical practice, ethics, cultural competency, or general social work. The entity shall require that approved courses provide this information to course attendees;
10. Maintains records as to continuing education course approvals and denials;
11. Responds to applications for continuing education course approval within 90 days of receipt of a request; and
12. Issues approvals for continuing education courses that are effective only for the biennial licensure renewal period during which the approvals are issued.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 7 - LICENSE AND CERTIFICATION RENEWALS › Section 13:44G-7.1 - Biennial license and certification renewal; inactive status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licenses and certificates issued by the Board shall be issued for a two-year biennial licensure period. A licensee or certificate holder who seeks renewal of the license or certificate shall submit a renewal application and the renewal fee set forth in 13:44G-14.1 prior to the expiration date of the license or certificate.
(b) Renewal applications shall provide the applicant with the option of either active or inactive status. A licensee or certificate holder electing inactive status shall pay the inactive license or certificate fee set forth in 13:44G-14.1, and shall not engage in the practice of social work.
(c) If a licensee or certificate holder does not renew the license or certificate prior to its expiration date, the licensee or certificate holder may renew the license or certificate within 30 days of its expiration by submitting a renewal application, a renewal fee and a late fee, as set forth in 13:44G-14.1.
(d) A license or certificate that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license or certificate shall be deemed to be engaged in unlicensed practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 7 - LICENSE AND CERTIFICATION RENEWALS › Section 13:44G-7.2 - Return from inactive status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder who elected inactive status and has been on inactive status for less than five years may be reinstated by the Board upon completion of the following:
1. Payment of the appropriate renewal fee listed in 13:44G-14.1 for the social workers level of licensure or certification;
2. The completion of the continuing education units required for each biennial registration period for which they were on inactive status; and
3. Submission of an affidavit of employment listing each job held during the period they were on inactive status which includes the names, addresses, and telephone numbers of each employer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 7 - LICENSE AND CERTIFICATION RENEWALS › Section 13:44G-7.3 - Reinstatement of suspended license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual whose license or certificate has been automatically suspended for up to five years for nonpayment of a biennial renewal fee pursuant to 13:44G-7.1(d)  may be reinstated by the Board upon completion of the following:
1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to 13:44G-14.1;
2. Completion of the continuing education units required for each biennial registration period for which they were suspended; and
3. Submission of an affidavit of employment listing each job held during the period of suspended license or certification which includes the names, addresses, and telephone numbers of each employer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 8 - CLINICAL SUPERVISION › Section 13:44G-8.1 - Clinical supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSW providing clinical services under supervision as set forth in (b) below shall not provide clinical services through a private practice that the LSW owns either wholly or in part. An LSW may be employed by, or volunteer at, a private practice owned by a healthcare professional licensed to provide clinical mental health services.
(b) LSWs engaged in clinical social work practice shall have clinical supervision in accordance with the following standards:
1. Clinical supervision shall consist of contact between a social worker and a supervisor during which at least the following occurs:
i. The social worker apprises the supervisor of the diagnosis and treatment of each client;
ii. The social worker's cases are discussed;
iii. The supervisor provides the social worker with oversight and guidance in diagnosing and treating clients;
iv. The supervisor regularly reviews and evaluates the professional work of the social worker; and
v. The supervisor provides at least one hour of face-to-face individual or group clinical supervision per week or one hour of individual clinical supervision through synchronous video conferencing, which complies with the confidentiality requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), for no more than half of the total supervision hours;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 9 - GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE › Section 13:44G-9.1 - Notification of change of address; service of process; notice of disciplinary action in another jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each licensee and certificate 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.
(c) Each licensee and certificate holder shall, within 30 days of receiving a notice of disciplinary action taken against the licensee or certificate holder in another jurisdiction, report to the Board in writing his or her receipt of such notification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 9 - GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE › Section 13:44G-9.2 - Notification of change of name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensee or certificate holder whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name the following:
1. Legal evidence of such change; and
2. A copy of the licensee or certificate holder's original license or certificate with proof that he or she is the same person to whom the Board issued the license or certificate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 9 - GENERAL OBLIGATIONS OF LICENSEES AND CERTIFICATE HOLDERS; UNLICENSED PRACTICE › Section 13:44G-9.3 - Unlicensed practice of social work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following acts or practices shall be deemed to be the unlicensed practice of social work:
1. Offering or rendering social work services by any person other than a LCSW, a LSW or a CSW or any person who is not exempt from licensure under the Social Workers' Licensing Act, N.J.S.A. 45:15BB-5.
2. The use by any person other than a LCSW, a LSW or a CSW of any title or designation that includes the words social worker or social work or that may mislead the public, such as, but not limited to, social worker, licensed clinical social worker, licensed social worker, certified social worker, medical social worker, social work technician; and any of the abbreviations SW, LCSW, LSW, CSW, SWT or similar abbreviations. Licensed and certified social workers shall use only the title or designation corresponding to the license or certification held.
3. Engaging in the independent practice of clinical social work for a fee by any person other than a LCSW.
4. Offering or rendering clinical social work services by a LSW, unless the LSW is under supervision pursuant to 13:44G-3.2 and 8.1.
5. Offering or rendering clinical social work services as an employee of a nonprofit organization if the employee holds a master's degree in social work but does not possess a license issued by the Board.
6. Offering or rendering clinical social work services by a CSW.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.1 - Display of notice of licensure or certification; notification of availability of fee information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All LSWs or CSWs employed in an agency setting and LCSWs conducting independent practice shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to the social worker's clients:
1. "Social workers are licensed or certified by the Board of Social Work Examiners, an agency of the Division of Consumer Affairs. You may notify the Board of any complaint relative to the practice conducted by a social worker. The Board's address is Division of Consumer Affairs, Board of Social Work Examiners, Post Office Box 45033, 124 Halsey Street, Newark, New Jersey 07101."
2. "INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU ON REQUEST."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.2 - Financial arrangements with clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for social work services and clinical social work services shall be reasonable and commensurate with the status and experience of the social worker when compared with fees of social workers offering like services or treatment in the geographic area and shall be consistent with the provisions of 13:44G-10.10 prohibiting excess fees.
(b) Where payment of the usual fee would be a hardship, a social worker shall refer the client to other sources for provision of needed services.
(c) A licensee or certificate holder shall not accept goods or services from clients as payment for professional services.
(d) Before providing social work services or clinical social work services, a licensee or certificate holder shall assist the client to understand financial arrangements.
Financial arrangements shall use clear and understandable language and be in writing, dated, and signed by the licensee or certificate holder, maintained as part of the licensee's or certificate holder's records, and provided to the client. Financial arrangements shall inform clients of:
1. The purpose of services;
2. Risks related to services;
3. Limitations of services imposed by third party payors;
4. The fee for services or the basis for determining the fee to be charged;
5. The identity of the person or entity responsible for payment of the fee for services;
6. Whether the licensee or certificate holder will accept installment payments;
7. The financial consequences, if any, of missed appointments; and
8. The client's right to terminate the financial arrangement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.4 - Conflicts of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees and certificate holders shall avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. Licensees or certificate holders shall inform clients when a real or potential conflict of interest arises and take steps to resolve the issue, which could be the termination of the professional relationship with the client.
(b) Licensees and certificate holders shall not take advantage of any professional relationship or exploit clients to further their personal, religious, political, or business interests or unduly influence clients based on their personal, religious, political, or business interests.
(c) Licensees and certificate holders shall not engage in dual or multiple relationships with clients or former clients in which there are risks of potential harm to the client or the perception of conflicts of interest and partiality. Licensees and certificate holders shall take steps to protect clients and are responsible for setting clear, appropriate, and culturally sensitive boundaries. Dual or multiple relationships occur when licensees or certificate holders have more than one existing or past relationship with clients, whether professional, social, or business.
(d) When a licensee or certificate holder provides services to two or more people who have a relationship with each other (for example, couples, family members, or separated or divorced parents), the licensee or certificate holder shall identify to all parties the individual who is the client and the nature of licensee's or certificate holder's professional obligations to the individuals receiving services. A licensee or certificate holder who anticipates a conflict of interest among the individuals receiving services or who anticipates having to perform in potentially conflicting roles shall notify the parties as to the licensee's or certificate holder's role and take action to minimize any conflict of interest.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.5 - Professional interaction with clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall advise the client or the client's legal guardian, in terms the client or guardian can understand, of the nature and purposes of the services to be rendered and the limits and obligations associated with such services. In circumstances where the confidential information may be requested and where disclosure of the confidential information may be legally required, the client or the client's legal guardian shall be notified in writing. These disclosures shall occur as soon as possible in the social worker-client relationship and, as needed, through the course of the relationship.
(b) A social worker shall not provide social work services while under the influence of alcohol or any mind altering drug that impairs delivery of services.
(c) A social worker shall obtain competent professional assistance in order to determine whether to voluntarily suspend, terminate or limit the scope of the social worker's professional and/or scientific activities which are foreseeably likely to lead to inadequate performance or harm to a client, colleague, student or research participant.
(d) When interacting with a research subject, a social worker shall observe research requirements consistent with accepted standards of practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.6 - Termination or interruption of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall terminate services to a client when the services are no longer required or no longer meet the client's needs or interests.
(b) A social worker shall not abandon or neglect a client in need of professional services without making reasonable arrangements for the continuation of such care or offering to help the client find alternative sources of assistance.
(c) A social worker who anticipates the termination or interruption of services to a client shall notify the client promptly and seek the transfer, referral or continuation of service in relation to the client's needs and preferences.
(d) Whenever a social work practice is to be closed due to the retirement or death of a licensee or certificate holder, or the practice will be closed for more than 90 days, the licensee, certificate holder, or the executor or administrator of the licensee's or certificate holder's estate shall:
1. Establish a procedure by which clients may obtain records or agree to the transfer of those records to another licensee or certificate holder who is assuming the responsibilities of that practice;
2. If the practice will not be attended by another licensee or certificate holder, publish a notice of the cessation and the established procedure for the retrieval of records in a newspaper of general circulation in the geographic location of the licensee's or certificate holder's practice or on the licensee's or certificate holder's website, at least once each month for the first three months after the cessation;
3. Notify the Board, in writing, of the impending closure and the established procedure for the retrieval of records;
4. Make reasonable efforts to directly notify clients treated during the six months preceding the cessation of the practice to provide information concerning the established procedure for retrieval of records;
5. Conspicuously post a notice on the premises of the procedure for the retrieval of records for at least one month prior to the cessation of the practice, if closure is due to retirement; and
6. Arrange for the storage of any records that have not been retrieved by clients for one year from the date the practice closes.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.7 - Sexual misconduct, harassment; discrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the following terms shall have the following meanings unless the context indicates otherwise:
1. "Client" means any person who is the recipient of a professional social work service rendered by a social worker. "Client," for purposes of this section, also means a person who is the recipient of professional social work services even if those services are unrelated to ongoing social work services.
2. "Client-social worker relationship" means an association between a social worker and a client wherein the social worker owes a continuing duty to the client to be available to render professional social work services consistent with his or her training and experience.
3. "Harassment" means deliberate or repeated comments, contacts, or gestures which intimidate or offend an individual on the basis of that individual's race, religion, color, national origin, marital status, sexual orientation, physical or mental disability or any other preference or personal characteristic, condition or status.
4. "Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the social worker's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or client's body into or near the genital, anal or other opening of the other person's body.
5. "Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, and which occurs in connection with a social worker's activities or role as a provider of social work services, and that is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may include conduct of a non-sexual nature if it is based upon the gender of an individual. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to conduct of a licensee with a client, co-worker, employee, student, or supervisee whether or not such individual is in a subordinate position to the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.7A - Inappropriate behavior

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees and certificate holders shall not engage in actions that do not support the therapeutic or professional relationship. Such actions include, but are not limited to:
1. Initiating, encouraging, or participating in communication with the client or the client's support system that is not professional in nature;
2. Demonstrating preferential treatment or the perception of preferential treatment toward a client;
3. Failing to maintain impartiality such as demonstrating aggressiveness or being overly protective of a client without a clinical reason;
4. Granting favors or rewards to clients to endear clients, gain or promote feelings of acceptance, or receive gifts; and
5. Sharing private information that does not have a therapeutic benefit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.8 - Reporting of violations by other licensees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall promptly notify the Board when in possession of information that reasonably indicates that another licensee or certificate holder has demonstrated an impairment, gross incompetence, or unprofessional conduct that would present an imminent danger to a client or to the public health, safety, or welfare.
1. When the information is obtained in the course of a professional or consulting relationship with a client, and the client is unwilling or unable to make the report, the social worker shall report the information and advise the client of the report.
2. When the information is obtained in the course of treating a client-social worker, the treating social worker shall not be obligated to notify the Board if:
i. The treating social worker reasonably believes that the improper conduct has ceased and that the treatment is preventing a recurrence of the impairment, incompetence or professional misconduct; or
ii. The treating social worker has reasonable cause to believe that the client-social worker is currently receiving professional supervision and pursuing education to correct the deficiency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.9 - Prohibition on solicitation; unethical referrals and kickbacks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker who provides services to an agency shall not solicit, for his or her private practice, the agency's clients for the same services the agency provides. Nothing in this section prohibits a social worker from offering to the client all appropriate options upon termination of services at the agency, including the continuation of services in private practice.
(b) A social worker shall not refer a client to a service in which the social worker or his or her immediate family has a financial interest, as defined in the Health Care Cost Reduction Act, 45:9-22.4 et seq., including an equity or ownership interest in a practice or in a commercial entity holding itself out as offering a health care service.
(c) A social worker shall not prescribe goods or devices which the social worker sells or leases to the client unless the social worker advises the client of the ownership or other interest in the goods or devices.
(d) A social worker shall not pay, offer to pay or receive any fee or other form of compensation for referral of a client for professional services or for the purchase of goods.
(e) A social worker shall not permit the division of fees for professional services unless the social worker is engaged in a bona fide partnership or professional service corporation or employment relationship.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.10 - Prohibition on excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall not charge an excessive fee for services. Factors which the Board may consider in determining whether a fee is excessive include, but are not limited to, the following:
1. The time or effort required to perform the service or treatment;
2. The skill required to properly perform the service or treatment;
3. The nature and length of the professional relationship with the client;
4. The experience, reputation and ability of the social worker performing the services;
5. The nature and circumstances under which services are provided; and
6. Whether the fee was set by an institution or agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 10 - BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:44G-10.11 - Treatment of minors

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For 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, to induce any person or entity to purchase or enter into an agreement to purchase social work services, treatment or goods related thereto.
"Certified" or "certifications" means that a social worker shall have fulfilled all requirements of the agency granting certification and shall have earned a certificate upon satisfactory completion of a program directly related to social work.
"Diplomate" means that a social worker shall have satisfactorily completed a program approved by the American Board of Examiners in Clinical Social Work or shall have had diplomate status conferred by the National Association of Social Workers.
"Electronic media" include, but are not limited to, radio, television, telephone and other electronic means of communication.
"Print media" include, but are not limited to, business cards, newspapers, magazines, periodicals, professional journals, telephone directories, circular, handbills, flyers, billboards, signs, direct mail, matchcovers 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 social worker.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.2 - Advertising; general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall be able to substantiate the truthfulness of any material, objective assertion or representation set forth in an advertisement.
(b) A social worker who is a principal, partner or officer of a firm or entity identified in an advertisement as offering social work services or goods shall be responsible for the form and content of any advertisement disseminated by or on behalf of a social worker affiliated with the firm.
(c) A social worker shall assure that an advertisement does not misrepresent, suppress, omit or conceal a material fact. Omission, suppression or concealment of a material fact includes directly or indirectly obscuring a material fact under circumstances where the social worker 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.
(d) An LSW who advertises must include the name of his or her employer in any promotional material.
(e) Advertisements using social work license or certification credentials shall only be used when promoting social work services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.3 - Minimum content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall include the following in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards and professional stationery:
1. Name, identification of licensure or certification status; and
2. Street address and telephone number of the practice location.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.4 - Use of professional credentials and certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall accurately and objectively represent his or her competence, education, training, experience and diplomate status, as held at the time of the representation.
(b) An advertisement that includes information on professional credentials shall contain the highest academic degrees attained related to the practice of social work and shall refer only to degrees obtained from accredited academic institutions.
(c) An advertisement that includes information on social work certification or diplomate status shall include the full name of the agency conferring the certification or diplomate or the recognized name or abbreviation of the certification or diplomate.
(d) In addition to the information required to appear pursuant to N.J.A.C. 13:44G-11.3, letters or abbreviations that may appear immediately adjacent to the social worker's name shall be limited to those representing the following:
1. The highest academic degrees earned related to the practice of social work;
2. Current social work certifications or diplomate status as defined in N.J.A.C. 13:44G-11.1;
3. Other licenses or certifications issued by another state or Federal agency; and
4. Any academic degree earned in a field other than social work, as long as the field in which the degree has been earned is clearly identified.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.5 - Advertisements regarding fees; required disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertisements regarding fees shall be limited to those which contain a fixed or a stated range of fees for specifically described social work services.
(b) A social worker who advertises a fee or range of fees shall include the following disclosures in any such advertisement:
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. The additional services contemplated and the fee to be charged therefor. In the absence of such disclosures, the social worker shall be prohibited from charging an additional fee for the advertised service; and
3. The 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 its initial publication.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.6 - Prohibited types or method or methods of advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A social worker shall not guarantee that satisfaction or a cure will result from the performance of professional services.
(b) A social worker shall not communicate information that may identify a client without the client's written consent.
(c) A social worker shall not offer a professional service which the social work knows or should know is beyond his or her ability to perform, and shall adhere to the specifications set forth in 13:44G-10.5.
(d) A social worker shall not advertise any technique or communication which appears to intimidate, exert undue pressure or unduly influence a prospective client.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.7 - Use of testimonials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An advertisement containing a lay or an expert testimonial shall be based upon the testimonial giver's personal knowledge or experience obtained from a provider relationship with the social worker or upon the testimonial giver's direct personal knowledge of the subject matter of the testimonial.
(b) Prior to using the testimonial, the social worker shall obtain a signed, notarized statement and release indicating the testimonial giver's willingness to have his or her testimonial used in the advertisement.
(c) A layperson's testimonial shall not attest to any technical matter beyond the layperson's competence to comment upon.
(d) An expert testimonial shall be rendered only by an individual possessing specialized expertise sufficient to allow the rendering of a bona fide statement or opinion.
(e) A social worker shall be able to substantiate any statement of fact appearing in a testimonial.
(f) Where a social worker directly or indirectly provides compensation to a testimonial giver, the fact of such compensation shall be conspicuously disclosed in a legible and readable manner in any advertisement in the following language or its substantial equivalent:
COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44G - STATE BOARD OF SOCIAL WORK EXAMINERS › Subchapter 11 - ADVERTISING › Section 13:44G-11.8 - Retention of advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The social worker shall retain for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print or electronic media. The social worker shall indicate on all advertisements in his or her possession the date and place of publication or dissemination.
(b) Documentation relating to the use of testimonials shall be retained for a period of three years from the date of the last use. Documentation shall include, but not be limited to:
1. The name, address and telephone number of the testimonial giver;
2. The type and amount or value of compensation; and
3. The notarized statement and release required pursuant to 13:44G-11.7(b).