reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 30 - PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND REHABILITATION COUNSELORS: BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:34-30.5 - Termination of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A professional, associate or rehabilitation counselor 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 professional, associate or rehabilitation counselor shall not abandon nor 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 professional, associate or rehabilitation counselor who anticipates the termination or interruption of services to a client shall notify the client promptly in writing, shall comply with the requirements for transfer of records set forth at 13:34-18.7 or 27.7, as applicable and shall seek the transfer, referral or continuation of service in relation to the client's needs and preferences.
(d) Notifications sent to a client pursuant to this section shall be retained in the client record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 30 - PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND REHABILITATION COUNSELORS: BUSINESS PRACTICES; PROFESSIONAL CONDUCT › Section 13:34-30.6 - Prohibition on solicitation; unethical referrals and kickbacks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A professional, associate or rehabilitation counselor 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 counselor 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 professional, associate or rehabilitation counselor shall not refer a client to a service in which the counselor or his or her immediate family has a financial interest.
(c) A professional, associate or rehabilitation counselor shall not prescribe goods or devices which the counselor sells or leases to the client unless the counselor advises the client of the ownership or other interest in the goods or devices.
(d) A professional, associate or rehabilitation counselor 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 professional or rehabilitation counselor shall not permit the division of fees for professional services unless the counselor 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 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter set forth the minimum requirements for licensed professional counselors who perform custody/parenting time evaluations and/or termination of parental rights evaluations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise.
"Custody/parenting time evaluation" means the analysis performed by a licensed professional counselor to provide comprehensive, objective, and impartial information to the court or to attorneys, which assists in making decisions as to custody/parenting time arrangements that will best provide for the needs of the minor child(ren) involved.
"Licensee" means a licensed professional counselor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.3 - Qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall be qualified to perform custody/parenting time evaluations and/or termination of parental rights evaluations through education, training, and/or supervised experience in all of the following categories:
1. Child growth and development;
2. Parent-child bonding;
3. Scope of parenting;
4. Adult development and psychopathology;
5. Family functioning;
6. Child and family development;
7. Child and family psychopathology;
8. The impact of divorce or family dissolution on children; and
9. The impact of age, gender, race, ethnicity, national origin, language, culture, religion, sexual orientation/identity, disability, and socioeconomic status on custody/parenting time evaluations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.4 - Dual relationships

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a licensee is, or has been, a treating therapist for any person who is part of the custody/parenting time evaluation and/or termination of parental rights evaluation, the treating therapist shall not assume either the role of an evaluator in the custody/parenting time evaluation and/or termination of parental rights evaluation, or the role of a parenting coordinator, and shall advise any party or court of this prohibition.
(b) A licensee who is a treating therapist may report on a client's mental health status and treatment issues but shall not make any recommendations regarding custody or termination of parental rights.
(c) After the evaluation process is completed, a licensee, whose initial involvement with a case has been as an evaluator, may agree to function subsequently as a treating therapist or parent coordinator, but shall be precluded from functioning as an evaluator in the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.5 - Communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a licensee is court-appointed, the licensee shall communicate any information only to the court and both parties, or their attorneys, simultaneously, either in writing or through a conference call.
(b) If a licensee is selected by both parties without a court appointment, the licensee shall communicate any information only to both parties, or their attorneys, simultaneously, either in writing or through a conference call.
(c) If a licensee is selected by only one party, the licensee shall communicate any information only to that party, or the party's attorney.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.6 - Required disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall provide information, in writing, to the parties to assist them in understanding the nature of the custody/parenting time evaluation and/or termination of parental rights evaluation and the terms of their agreement to participate. This information shall include the following:
1. Purpose, procedures, and methods;
2. Fees;
3. Responsibility of parties for payment of the fees and whether payment will be required prior to the delivery of any report;
4. Limits of confidentiality, including the limitations set forth in 42 CFR Part 2, which is incorporated herein by reference;
5. Special policies pertaining to issues, such as canceled and/or missed appointments; and
6. Limitation on communications as set forth in 13:34-31.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.7 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before commencing the custody/parenting time evaluation and/or termination of parental rights evaluation, a licensee shall inform the party or parties responsible for paying the fees, in writing, of the estimated fees for all anticipated services and any additional fees, should the licensee be required, requested, or mandated to perform additional services.
(b) A licensee shall provide the party or parties responsible for paying the fees with complete documentation of all fees, itemizing time, charges, and services.
(c) A licensee may accept payment of fees by retainer or by a pre-arranged fee schedule.
1. If a partial retainer is accepted, a licensee shall inform the court, attorneys, and/or parties of the schedule for payment of the remainder and of any contingent relationship between complete payment and final delivery of services. A licensee shall inform the court, attorneys, and/or parties that payment in excess of the reasonable estimate is expected if delivery of services unforeseeably exceeds that anticipated. A licensee shall inform the court, attorneys, and/or parties that unused fees will be refunded as soon as possible upon completion of the professional services.
2. If payment by a fee schedule is accepted, a licensee shall provide a complete explanation of the expected per-visit payment or other scheduled costs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 31 - PROFESSIONAL COUNSELORS: CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-31.8 - Reports and recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee's written report shall identify the party or parties on whose behalf the evaluation was prepared and list all individual(s) personally evaluated.
(b) A licensee shall complete written reports in a timely manner. Delays of more than two months from when all data has been collected relevant to the custody/parenting time evaluation and/or termination of parental rights evaluation are considered excessive. In the event of extenuating circumstances, such as an inability to collect final documents from collateral contacts, the licensee shall provide the reasons for the delay, in writing, to the party to whom the report is due in accordance with (d), (e), and (f) below.
(c) A licensee shall not provide any opinion regarding any individual who has not been personally evaluated by the licensee. A licensee may report what an evaluated individual has stated or address theoretical issues or hypothetical questions, provided the limited basis of the information is explained.
(d) A licensee who is court-appointed shall submit the report only to the court and to both parties, or their attorneys, unless otherwise specified in a court order.
(e) A licensee who is selected by both parties shall submit the report only to both parties, or their attorneys, unless otherwise specified in a consent order.
(f) A licensee who is selected by only one party shall submit the report only to that party, or that party's attorney unless the party notifies the licensee in writing that the party does not want to receive the report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed by the Committee.
(c) Pursuant to N.J.S.A. 45:1-62, a professional counselor, associate counselor, or rehabilitation counselor must hold a license issued by the Committee, if he or she:
1. Is located in New Jersey and provides professional counseling or rehabilitation counseling, as applicable, to any client located in or out of New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides professional counseling or rehabilitation counseling, as applicable, to any client located in New Jersey by means of telemedicine or telehealth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.
(b) If a licensee determines, either before or during the provision of professional counseling or rehabilitation counseling, as applicable, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.
1. An associate professional counselor or any licensee working under supervision shall be responsible for determining whether professional counseling or rehabilitation counseling, as applicable, can be provided through telemedicine or telehealth in a manner that is consistent with inperson standards of care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.4 - Licensee-client relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
1. Identifying the client with, at a minimum, the client's name, date of birth, phone number, and address. A licensee may also use a client's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
2. Disclosing and validating the licensee's identity, license, title, and, if applicable, specialty and Committee certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.5 - Provision of professional counseling or rehabilitation counseling, as applicable, through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:34-32.4, a licensee may provide professional counseling or rehabilitation counseling, as applicable, to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of professional counseling or rehabilitation counseling, as applicable, to clients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the client's originating site and record this information in the client's record. If, during the session, contact with the client is interrupted, once contact is reestablished, the licensee shall reverify the client's location.
(c) A licensee providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component that allows a licensee to see a client and the client to see the licensee during the provision of professional counseling or rehabilitation counseling, as applicable.
(d) A licensee providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee who provides services through telemedicine or telehealth shall maintain a record of the care provided to a client. Such records shall comply with the requirements at N.J.A.C. 13:34-18.1 or 27.1, as applicable, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.7 - Prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address:
1. Authentication and authorization of users;
2. Authentication of the client during the initial intake pursuant to N.J.A.C. 13:34-32.4(a)1;
3. Authentication of the origin of information;
4. The prevention of unauthorized access to the system or information;
5. System security, including the integrity of information that is collected, program integrity, and system integrity;
6. Maintenance of documentation about system and information usage;
7. Information storage, maintenance, and transmission; and
8. Synchronization and verification of client profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 32 - TELEMEDICINE AND TELEHEALTH › Section 13:34-32.8 - Privacy and notice to clients

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

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter implement the provisions of P.L. 1997, c. 331, 45:2D-1 et seq., The Alcohol and Drug Counselor Licensing and Certification Act.
(b) This chapter shall apply to all persons presently practicing, those seeking to practice and those seeking licensure or certification to engage in alcohol and drug counseling services in the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.3 - Office of the Alcohol and Drug Counselor Committee

Current through Register Vol. 56, No. 14, July 15, 2024
The office of the Committee shall be maintained at 124 Halsey Street, Newark, New Jersey. The mailing address of the Committee is PO Box 45040, Newark, New Jersey 07101. The website of the Committee is
www.njconsumeraffairs.gov/adc
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.4 - Notification of address; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder shall file and maintain with the Committee an address of record, as defined in 13:34C-1.2. A licensee or certificate holder shall notify the Committee in writing of any change from the address registered with the Committee and shown on the most recently issued renewal certificate. Such notice shall be sent to the Committee by certified mail, return receipt requested, no later than 30 days following the change of address. Failure to notify the Committee of any change of address may result in disciplinary action in accordance with 45:1-21(h).
(b) Service, by mail or any other delivery, of an administrative complaint or other process initiated by the Board, Committee, the Attorney General, or the Division of Consumer Affairs at the address of the licensee or certificate holder which is on file with the Committee shall be deemed adequate notice for the purposes of 1:1-7.1 and the commencement of any disciplinary proceeding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.5 - License or certification renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall send a notice of renewal to each licensee or certificate holder, at least 60 days prior to the expiration of the license or certification. The notice of renewal shall explain inactive renewal and advise the licensee or certificate holder of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the license or certification is renewed within 60 days from the date the notice is sent or within 30 days following the date of license or certification expiration, whichever is later.
(b) A licensee or certificate holder shall renew his or her license or certification, as applicable, for a period of two years from the last expiration date. The licensee or certificate holder shall submit a renewal application to the Committee, along with the renewal fee set forth in N.J.A.C. 13:34C-1.11, prior to the date of license or certification expiration.
(c) A licensee or certificate holder may renew his or her license or certification, as applicable, by choosing inactive status. A licensee or certificate holder electing to renew his or her license or certification as inactive shall not engage in the practice of alcohol and drug counseling, or hold himself or herself out as eligible to engage in the practice of alcohol and drug counseling, in New Jersey, until such time as the license or certification is returned to active status.
(d) If a licensee or certificate holder does not renew the license or certification prior to its expiration date, the licensee or certificate holder may renew the license or certification within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:34C-1.11. During this 30-day period, the license or certification shall be valid and the licensee or certificate holder shall not be deemed practicing without a license or certification, as applicable.
(e) A licensee or certificate holder who fails to submit a renewal application within 30 days of license or certification expiration shall have his or her license or certification, as applicable, suspended without a hearing.
(f) A licensee or certificate holder who continues to engage in the practice of alcohol and drug counseling with a suspended license or certification shall be deemed to be engaging in the unauthorized practice of alcohol and drug counseling and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.6 - License or certification reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder who holds an inactive license or certification pursuant to N.J.A.C. 13:34C-1.5(c)  may apply to the Committee for reactivation of the inactive license or certification. A licensee or certificate holder seeking reactivation of an inactive license or certification shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period the license or certification was inactive, which includes the name, address, and telephone number of each employer;
3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:34C-1.11.
i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:34C-1.11.
ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:34C-1.11; and
4. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:34C-5.1 and 5.2.
i. An applicant who holds a valid, current license or certification, as applicable, in good standing issued by another state to engage in the practice of alcohol and drug counseling and submits proof of having satisfied that state's continuing education requirements for that license or certification shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph apply.
ii. To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Committee will allow applicants to take the courses within 12 months following reactivation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.7 - License or certification reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or certificate holder who has had his or her license or certification suspended pursuant to N.J.A.C. 13:34C-1.5(e)  may apply to the Committee for reinstatement. A licensee or certificate holder applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license or certification, which includes the names, addresses, and telephone number of each employer;
3. The renewal fee for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth in N.J.A.C. 13:34C-1.11; and
6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:34C-5.1 and 5.2.
i. An applicant who holds a valid, current license or certification, as applicable, in good standing issued by another state to engage in the practice of alcohol and drug counseling and submits proof of having satisfied that state's continuing education requirements for that license or certification, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph apply.
ii. To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reinstatement is sought, the Committee will allow applicants to take the courses within 12 months following reinstatement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.8 - Licensee to display notice or give notice; licensee to display license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees, conducting independent practice, shall ensure that the following notice is either prominently displayed in a waiting room or other area where it will be visible to the licensee's clients or provided to the licensee's clients in writing:
"Alcohol and drug counselors are licensed by the Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee, an agency of the Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which the alcohol and drug counseling practice is conducted or services are provided should notify the Alcohol and Drug Counselors Committee, PO Box 45040, 124 Halsey Street, Newark, New Jersey 07101,
www.njconsumeraffairs.gov/adc
, or the New Jersey Division of Consumer Affairs, Post Office Box 45027, 124 Halsey Street, Newark, New Jersey 07101,
www.njconsumeraffairs.gov
."
(b) All licensees, conducting independent practice, shall conspicuously display their license issued by the Board in their primary office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.9 - Suspension, revocation, or refusal of licensure or certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an applicant or holder of a license or certificate affirmatively demonstrates rehabilitation by clear and convincing evidence, the Board, upon recommendation by the Committee, shall admit the applicant to an examination and shall issue a license or certificate to the holder provided the other requirements of licensure or certification have been met. In determining whether a person has affirmatively demonstrated rehabilitation, the Committee shall consider the following factors:
1. The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
2. The nature and seriousness of the offense;
3. The circumstances under which the offense occurred;
4. The date of the offense;
5. The age of the person when the offense was committed;
6. Whether the offense was an isolated or repeated incident;
7. Any social conditions which may have contributed to the offense; and
8. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, drug free periods, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have supervised the person, or restitution or any fines being paid.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.10 - Licensure or certification of persons licensed or certified in another jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
The Board, upon recommendation by the Committee, may grant a license or certification to any person who at the time of application is licensed or certified by a governmental agency or other comparable recognized certifying authority located in another state, territory or jurisdiction, if in the opinion of the Committee, the requirements of that licensure or certification are substantially similar, at the time of initial certification or licensure, to requirements of the Act and this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 1 - GENERAL PROVISIONS › Section 13:34C-1.11 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall charge the following fees:
1. Application fee
$ 75.00
2. Initial license fee
i. If paid during the first year of a biennial renewal period
$ 250.00
ii. If paid during the second year of a biennial renewal period
$ 125.00
3. Initial certification fee
i. If paid during the first year of a biennial renewal period
$ 180.00
ii. If paid during the second year of a biennial renewal period
$ 90.00
4. Certification of licensure or certification
$ 25.00
5. License renewal fee, biennial
$ 250.00
6. Certification renewal fee, biennial
$ 180.00
7. Reinstatement fee
$ 125.00
8. Late renewal fee
$ 50.00
9. Replacement wall certificate
$ 40.00
10. Duplicate license or certification fee
$ 25.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.2 - Application procedure: licensed clinical alcohol and drug counselor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as a clinical alcohol and drug counselor shall submit the following to the Committee:
1. A completed application form, which contains information concerning the applicant's educational and experiential background;
2. The non-refundable application fee set forth in N.J.A.C. 13:34C-1.11;
3. An official transcript(s)/certificate(s) indicating that the applicant has satisfied the educational requirements as set forth in (b) below and 13:34C-2.3(b)1  and 4;
4. A supervisor's certification indicating that the applicant has met the supervision requirements for licensure as set forth in N.J.A.C. 13:34C-6; and
5. A Certification and Authorization Form for a Criminal History Background Check.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.3 - Application procedure: certified alcohol and drug counselor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for certification as a certified alcohol and drug counselor shall submit the following to the Committee:
1. A completed application form, which contains information concerning the applicant's educational and experiential background;
2. The non-refundable application fee set forth in N.J.A.C. 13:34C-1.11;
3. An official transcript(s)/certificate(s) indicating that the applicant has satisfied the educational requirements set forth in (b)1 and 4 below;
4. The supervisor's certification indicating that the applicant has met the supervision requirements for certification as set forth in N.J.A.C. 13:34C-6; and
5. A Certification and Authorization Form for a Criminal History Background Check.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.4 - Licensure: health care provider licensed by the State

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 45:2D-4(b), the Committee shall recommend that the Board issue a license as a licensed clinical alcohol and drug counselor to any health care provider licensed by the State of New Jersey, who is in good standing and diagnoses and/or treats drug or alcohol related disorders within the health care provider's scope of practice.
(b) The health care provider shall also demonstrate to the Committee, which will then recommend to the Board, that the health care provider has equivalent education as required pursuant to 13:34C-2.2(b)  and training and comparable years of experience as required pursuant to 13:34C-2.3(b)2  through 5, except that the health care provider shall be exempt from taking the oral and written examinations as required pursuant to 13:34C-2.3(b)6  and 7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.5 - Qualification review process: licensure and certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall review the qualifications of each person who applies for licensure or certification as an alcohol and drug counselor.
(b) No applicant shall be licensed or certified by the Board, unless a majority of the full Committee first determines that the applicant has met the education and experience requirements of N.J.A.C. 13:34C-2.3(b)1  through 5 and successfully completed the written and oral examinations required pursuant to N.J.A.C. 13:34C-2.3(b)6  and 7. Exempted from this subsection are those applicants who qualify as specified pursuant to N.J.A.C. 13:34C-1.10, 2.1, and 2.4.
(c) An applicant who is determined to be qualified and is recommended for licensure or certification by the Committee shall be considered for licensure or certification by the Board, with the final decision to be made by the Board. The Board may review the action taken by the Committee with respect to the Committee's evaluation and examination of the applicant for licensure as a licensed clinical alcohol and drug counselor or for certification as a certified alcohol and drug counselor.
(d) The Board may reverse, modify or reject any determination of the Committee by an affirmative vote of a majority of the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.6 - Exceptions to licensure and certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensure and certification rules in this subchapter shall not apply to:
1. A person engaging in or offering alcohol and drug addiction services such as self-help, sponsorship through Alcoholics Anonymous and Narcotics Anonymous groups or other uncompensated alcohol and drug addiction counseling assistance;
2. The activities and services of a designated employee or other agent of a private employer who has been designated to be involved in the evaluation or referral for counseling of employees of the private employer, or an employee or other agent of a recognized academic institution, a Federal, State, county or local government institution, agency or facility, or a school district, if the individual is performing these activities of evaluation or referral for counseling only of employees and solely within the company or agency, as the case may be, or under the jurisdiction of that company or agency and if a license granted under this act is not a requirement for employment;
3. The activities and services of an imam, rabbi, priest, minister, Christian Science practitioner, or clergy of any religious denomination or sect, when engaging in activities, that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof;
4. A student, intern, or trainee in alcohol and drug addiction counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study; or
5. A person doing work of an alcohol or drug counseling nature, or advertising those services, when acting within the scope of the person's profession or occupation and doing work consistent with the person's training, including physicians, clinical social workers, professional counselors, marriage and family therapists, psychologists, nurses, or any other profession or occupation licensed by the State, or students within accredited programs of these professions, if the person does not hold oneself out to the public as possessing a license or certification issued pursuant to the Act or this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34C - ALCOHOL AND DRUG COUNSELOR COMMITTEE › Subchapter 2 - APPLICATION PROCEDURE; APPLICANT QUALIFICATIONS › Section 13:34C-2.7 - Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces: licensed clinical alcohol and drug counselor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under 13:34C-2.2 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Committee and the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant has received in the military, together with any training, experience, and education obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under 13:34C-2.2.
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
ii. An applicant seeking credit for education courses and/or training completed while in the military who does not hold a master's degree in counseling from an accredited institution of higher education, as defined in 13:34C-1.2, or a master's degree in an addictions or counseling related area that meets the course work requirements of 13:34C-2.2(b), shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the educational requirements described and required for licensure under 13:34C-2.2. 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 alcohol and drug counseling that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for licensure, including successful completion of the written and oral examinations as set forth in 13:34C-2.3(b).