New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34D - ART THERAPISTS ADVISORY COMMITTEE › Subchapter 6 - PROFESSIONAL MISCONDUCT › Section 13:34D-6.9 - Misconduct defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Professional or occupational misconduct in the practice of art therapy by persons licensed by the Art Therapists Advisory Committee shall include, but not be limited to, the following:
1. Willful or grossly negligent failure to comply with Federal, State, or local laws, rules, or regulations governing the practice of the profession;
2. Failing to respond within 30 days to written communications from the Art Therapists Advisory Committee and make available any relevant records with respect to an inquiry or complaint about the licensee's unprofessional conduct.
i. The period of 30 days shall commence on the date when such communication was sent from the Committee by registered or certified mail, with return receipt requested, to the address of record;
3. Failing to maintain a record for each client, which accurately reflects the client contact with the practitioner.
i. Unless otherwise provided by law, all client records must be retained for at least seven years; and
ii. If a licensee ceases to engage in practice or it is anticipated that he or she will remain out of practice for more than three months, the licensee or designee shall, consistent with the requirements of N.J.A.C. 13:34D-5.7:
(1) Establish a procedure by which clients can obtain their records or acquiesce in the transfer of those records to another licensee or health care professional who is assuming the responsibilities of that practice;
(2) Publish a notice of the practice cessation and the established procedure for the retrieval of records in a newspaper of general circulation in the geographic location of the licensee's practice, at least once each month for the first three months after the cessation; and
(3) Make reasonable efforts to directly notify any client treated during the six months preceding the cessation, providing information concerning the established procedure for record retrieval;
4. Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed professional art therapist;
5. Failing to make available to a client, the client's guardian or authorized representative, or, upon a client's request copies of reports or test records relating to the client that are in the possession or under the control of the licensee, or failing to complete forms or reports required for the reimbursement of a client by a third party.
i. Reasonable fees may be charged for such copies, forms, or reports, but prior payment for the professional services to which such records relate shall not be required as a condition for making such records available;
ii. A practitioner may withhold information from a client, if he or she believes release of such information would adversely affect the client's mental or psychological health; and
iii. This paragraph shall not require release to the parent or guardian of a minor of records or information relating to sexually transmitted disease or abortion, except with the minor's consent;
6. Ordering excessive treatment or use of treatment facilities not warranted by the condition of the client;
7. Using the word "Doctor" or otherwise misleading designation in offering to perform professional services when such title or designation has not been earned at an accredited educational institution or is not one that is recognized by the New Jersey State Board of Education;
8. Guaranteeing that satisfaction or a cure will result from the performance of professional services;
9. Claiming or using any secret or special method of treatment and/or diagnostic technique that the licensee refuses to divulge to the Committee; and
10. Failing to notify the Art Therapists Advisory Committee in writing of any change of address or name from that currently registered with the Committee and shown on the most recently issued license.
i. Such notice shall be given not later than 30 days following the change of address of record or name.