reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 6A - TELEMEDICINE AND TELEHEALTH › Section 13:34-6A.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 marriage and family therapy services, 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 marriage and family therapist or any licensee working under supervision shall be responsible for determining whether marriage and family therapy services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 6A - TELEMEDICINE AND TELEHEALTH › Section 13:34-6A.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 board certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 6A - TELEMEDICINE AND TELEHEALTH › Section 13:34-6A.5 - Provision of marriage and family therapy services 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. 13:34-6A.4, a licensee may provide marriage and family therapy services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of marriage and family therapy services to clients.
(b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the client's originating site (the physical location of the patient) and a contact phone number that is valid for the duration of the session and record this information in the client's record. If, during the session, contact with the client is interrupted, once contact is 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 marriage and family therapy services.
(d) A licensee providing services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics;
3. Data; and
4. Medical information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 6A - TELEMEDICINE AND TELEHEALTH › Section 13:34-6A.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. 13:34-8.1, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 6A - TELEMEDICINE AND TELEHEALTH › Section 13:34-6A.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. 13:34-6A.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 6A - TELEMEDICINE AND TELEHEALTH › Section 13:34-6A.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 evaluation reasonably able to meet the client's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 7 - PROFESSIONAL MISCONDUCT › Section 13:34-7.2 - Professional interactions with clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to commencing services, a licensee shall advise the client or the client's guardian, in terms that the client can understand, of the nature and purpose of the services to be rendered and the limits and obligations associated with such services.
(b) A licensee shall obtain written informed consent from clients before videotaping, audio recording, or permitting third-party observation of professional interactions with clients.
(c) A licensee shall not provide marriage and family therapy services while under the influence of alcohol or any other drug that may impair the delivery of services.
(d) A licensee shall obtain competent professional assistance in order to determine whether to voluntarily suspend, terminate, or limit the scope of the licensee's professional practice or research activities which are foreseeably likely to lead to inadequate performance or harm to the client, colleague, student, or research participant.
(e) When interacting with a research subject, a licensee shall observe research requirements consistent with accepted standards of practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 8 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34-8.1 - Preparation and maintenance of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall prepare and maintain separately for each client a contemporaneous, permanent client record that accurately reflects the client contact with the licensee whether in an office, hospital or other treatment, evaluation or consultation setting.
(b) The licensee shall include at least the following information in the client record:
1. The client name (on each page of the record), address, and telephone number;
2. The location and dates of all treatment, evaluation, or consultation settings;
3. The identity of each provider of treatment, evaluation, or consultation, and the supervisor, if any;
4. The presenting situation;
5. Significant medical and psychosocial history;
6. Past and current medication, when appropriate;
7. An assessment of current marriage and family lifestyle;
8. A diagnostic assessment and prognosis;
9. A treatment plan;
10. Progress notes for each session;
i. A therapist may dictate progress and session notes for later transcription provided the transcription is dated and identified as preliminary pending the therapist's final review and approval.
11. Information regarding referrals to other professionals and reports and records provided by other professionals;
12. Fees charged and paid unless a separate financial record is kept; and
13. A summary of the termination of services, in accordance with N.J.A.C. 13:34-6.3, including, but not limited to: the reason for termination of service, a summary of the information provided and topics discussed during the process of terminating services, the review of the treatment plan, follow-up and transitional services, communication with client about termination of services, and, as applicable, communication with other mental health professionals associated with the coordination of treatment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 8 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34-8.2 - Use of personal or other computer to prepare client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who prepares a client record maintained solely on a personal or other computer shall use a write-protected program which:
1. Contains an internal permanently activated date and time recordation for all entries;
2. Automatically prepares a back-up copy of the file; and
3. Is designed in such manner that, after the licensee signs by means of a confidential personal code ("CPC"), the entry cannot be changed in any manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 8 - CLIENT RECORDS; CONFIDENTIALITY › Section 13:34-8.3 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing marriage and family therapy services for the client, except in the following circumstances:
1. Disclosure is required by Federal or State law or regulation;
2. Disclosure is required by the Board or the Office of the Attorney General during the course of an investigation;
3. Disclosure is required by a court of competent jurisdiction pursuant to an order;
4. The licensee has information that the client presents a clear and present danger to the health or safety of self and/or others;
5. The licensee is a party defendant to a civil, criminal or disciplinary action arising from the marriage and family therapy services provided, in which case disclosure shall be limited to that action; or
6. The patient or client agrees, in writing, to waive the privilege accorded by this section. In circumstances when more than one person in a family is receiving marriage and family therapy services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or State law, persons under the age of 18 years of age must agree to the waiver. Absent a waiver by each family member, a licensee shall not disclose any information received from any family member.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, the following terms shall have 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 marriage and family therapy services, treatment, or goods related thereto.
"Certified" or "certifications" means that a licensee 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 marriage and family therapy.
"Electronic media" includes radio, television, telephone, Internet, and other electronic means of communication.
"Marriage and family therapy service" means a service which a marriage and family therapist or professional association performs or lawfully authorizes a person under supervision to perform.
"Print media" includes business cards, newspapers, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, direct mail, match covers, and other items disseminated by means of the printed word. The term shall not include serial displays.
"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 licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.2 - Advertising; general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall be able to substantiate the truthfulness of any material, objective assertion, or representation set forth in an advertisement.
(b) A licensee identified in an advertisement as offering marriage and family therapy services or goods shall be responsible for the form and content of any advertisement disseminated by or on behalf of a licensee.
(c) A licensee shall assure that an advertisement does not misrepresent, suppress, omit, or conceal a material fact. Omission, suppression, or concealment of a material fact includes directly or indirectly obscuring a material fact under circumstances where the licensee knows or should know that the omission is improper or prohibits a prospective client from making a full and informed judgment on the basis of the information set forth on the advertisement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.3 - Minimum content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee 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. The name of licensed marriage and family therapist or licensed associate marriage and family therapist, as applicable;
2. For licensed associated marriage and family therapists, the name(s) of the qualified supervisor(s);
3. The words "Licensed Marriage and Family Therapist" or "LMFT" or, as applicable, "Licensed Associate Marriage and Family Therapist" or "LAMFT" followed by the 12-digit license number; and
4. The street address and telephone number of the practice location.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.4 - Use of professional credentials and certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall accurately and objectively represent his or her competence, education, training, and experience, as of the time of the representations.
(b) An advertisement that includes information on professional credentials shall contain the highest academic degrees attained related to the practice of marriage and family therapy and shall refer only to degrees obtained from accredited academic institutions.
(c) An advertisement that includes information on certification shall include the full name of the institute or agency conferring the certification or the recognized name or abbreviation of the certification.
(d) In addition to the information required to appear pursuant to N.J.A.C. 13:34-9.3, letters or abbreviations that may appear immediately following the licensee's name shall be limited to the following:
1. The highest academic degrees earned relating to the practice of marriage and family therapy shall appear immediately after the licensee's name;
2. Marriage and family therapy certifications; and
3. Other licenses or certifications issued by another State or Federal agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.5 - 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 marriage and family therapy services.
(b) A licensed marriage and family therapist 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. Unless the advertisement states otherwise, 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 for such services. Unless the advertisement states otherwise, the licensed marriage and family therapist 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. Unless the advertisement states otherwise, 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 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.6 - Prohibited types or methods of advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not guarantee that satisfaction or a cure will result from the performance of marriage and family therapy services.
(b) A licensee shall not communicate information that may identify a client without the written consent of the client.
(c) A licensee shall not offer a professional service which the therapist knows or should know is beyond his or her ability to perform.
(d) A licensee shall not advertise or communicate in a manner which appears to intimidate, exert undue pressure, or unduly influence a prospective client.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.7 - 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 therapist or upon the testimonial giver's direct personal knowledge of the subject matter of the testimonial.
(b) Prior to using the testimonial, the licensee 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 licensee shall be able to substantiate any objective, verifiable statement of fact appearing in a testimonial.
(f) Where a licensee 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 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9 - ADVERTISING › Section 13:34-9.8 - Retention of advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall retain, for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print or electronic media. The licensee shall indicate on all advertisements in his or her possession the date and place of publication or dissemination.
(b) Documentation related to the use of testimonials shall be retained for a period of three years from the date of the last use of the testimonial. Documentation shall include:
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 N.J.A.C. 13:34-9.7(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.1 - Purpose and scope; definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter set forth the minimum requirements for licensed marriage and family therapists who perform custody/parenting time evaluations and/or termination of parental rights evaluations.
(b) As used in this subchapter, "licensee" means a licensed marriage and family therapist. 13:34-9A.2 Qualifications
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.2 - 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 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.3 - 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 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.4 - 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 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.5 - 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 13:34-9A.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.6 - 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 9A - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:34-9A.7 - 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 that 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 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 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 10 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE › Section 13:34-10.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement the provisions of the Professional Counselor Licensing Act, P.L. 1993, c.340 (45:8B-34 et seq.) (the "Act") as amended and supplemented by P.L. 1997, c. 155, and regulate the profession of counseling, as defined in 13:34-10.2, within the State of New Jersey.
(b) Except as set forth in (c) below, this subchapter shall apply to all individuals who render counseling services, as defined in N.J.A.C. 13:34-10.2, and to anyone within the jurisdiction of the Professional Counselor Examiners Committee.
(c) This subchapter shall not apply to an individual exempt from the provisions of the Act pursuant to 45:8B-48, including, but not limited to, an individual acting within the scope of a profession or occupation licensed by this State and doing work of a nature consistent with the person's training, as long as the person does not hold himself or herself out to the public as a professional or associate counselor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 10 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE › Section 13:34-10.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in N.J.A.C. 13:34-10 through 19, shall have the following meanings, unless the context clearly indicates otherwise.
"Counseling" means the application of mental health and human development principles in order to:
1. Facilitate human development and adjustment throughout the lifespan;
2. Clinically assess and evaluate, using currently accepted diagnostic classifications including, but not limited to, the DSM-IV, 4th ed., c1994, and future editions of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM), incorporated by reference, as amended and supplemented, (obtainable from the American Psychiatric Publishing, Inc., 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209-3901), mental, emotional, behavioral and associated distresses which interfere with mental health and development;
3. Conduct assessments and evaluations, within the scope of practice, for the purpose of establishing goals and objectives; and
4. Plan, implement and evaluate counseling interventions.
"Counseling interventions" means services specifically implemented in the context of a professional counseling relationship. Counseling interventions include, but are not limited to, developmental, preventive, facilitative and crisis intervention.
"Counseling procedures" means methods and techniques that may be performed only by a licensed professional counselor or a licensed associate counselor under supervision pursuant to the provisions of N.J.A.C. 13:34-13. Counseling procedures include, but are not limited to, the following:
1. Appraisal and assessment, defined as:
i. Selecting, administering, scoring and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, personal characteristics, disabilities and mental, emotional and behavioral disorders; and
ii. Using methods and techniques for understanding human behavior in relation to coping with, adapting to or changing life situations;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 10 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE › Section 13:34-10.3 - Scope of practice; professional counselor and associate counselor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a licensed professional counselor includes, but is not limited to, counseling, counseling interventions, appraisal and assessment, consulting, referral and research activities, as defined in 13:34-10.2.
(b) The scope of practice of a licensed associate counselor includes, but is not limited to, counseling, counseling interventions, appraisal and assessment, consulting, referral and research activities, as defined in 13:34-10.2, under direct supervision pursuant to the provisions of N.J.A.C. 13:34-13. A licensed associate counselor may only engage in the independent practice of counseling under the direct supervision of a qualified supervisor, consistent with the requirements of this section.
(c) An independent practice shall be owned and operated by a licensed professional counselor or a licensed healthcare professional that holds a clinical license to provide mental health counseling services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 11 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS › Section 13:34-11.3 - Professional counselor: experience requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the requirements listed in 13:34-11.2, an applicant for licensure as a professional counselor shall submit to the Committee documentation indicating that the applicant has met the supervised professional counseling experience requirements for licensure as set forth below:
1. Three calendar years of supervised professional counseling experience in a professional counseling setting, only one calendar year of which may be obtained prior to the granting of the master's degree. Two calendar years of supervised professional counseling experience shall have been obtained following licensure as an associate counselor. Hours of supervised professional counseling experience obtained during college or university graduate level practicums or internships may be counted toward satisfying a portion of the supervised counseling experience requirement provided the courses labeled practicums or internships are not also used to satisfy the 45 hours distributed in the eight areas of the educational requirements for licensure as set forth in 13:34-11.2; or
2. Two calendar years of supervised professional counseling experience as a licensed associate counselor in a professional counseling setting, provided that the applicant has earned, subsequent to completing the 60 graduate semester hours to include a master's degree, an additional 30 graduate semester hours clearly related to counseling as contained in 13:34-11.2(a)3  ii(1) through (9). Hours of supervised professional counseling experience obtained during college or university graduate level practicums may be counted toward satisfying a portion of the supervised professional counseling experience requirement provided the courses labeled graduate level practicums or internships are not also used to satisfy the 45 hours distributed in the eight areas of the educational requirements for licensure as set forth in 13:34-11.2. No more than one calendar year of supervised professional counseling experience may be obtained prior to the completion of the 60 graduate semester hours.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 11 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS › Section 13:34-11.4 - Professional counselor: examination requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as a professional counselor shall submit to the Committee, in addition to the requirements stated in 13:34-11.2 and 11.3, proof that the applicant has successfully passed the National Counselor Examination (NCE) or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor.
(b) The applicant shall only be admitted to the NCE upon receipt of written permission from the Committee following the Committee's review of the applicant's coursework, unless the NCE is taken as part of the applicant's graduate degree program or in another state pursuant to that state's examination requirements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 11 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS › Section 13:34-11.6 - Associate counselor: examination requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the requirements listed in 13:34-11.5, an applicant for licensure as an associate counselor shall submit proof to the Committee that the applicant has successfully passed the National Counselor Examination (NCE), or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor.
(b) The applicant shall only be admitted to the NCE upon receipt of written permission from the Committee following the Committee's review of the applicant's coursework, unless the NCE is taken as part of the applicant's graduate degree program or in another state pursuant to that state's examination requirements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 11 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS › Section 13:34-11.7 - Payment of licensing fee; abandonment of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure shall submit the licensing fee set forth in N.J.A.C. 13:34-17.1 upon receipt of notification from the Committee that his or her application for licensure has been approved.
(b) An application shall be deemed abandoned and closed if:
1. The application has not been completed by the applicant within 12 months after it was received by the Committee;
2. The applicant fails to sit for or pass the National Counselor Examination, or its successor, within 12 months or any 12-month period thereafter upon written notification of eligibility to take the examination; or
3. The applicant fails to submit the licensing fee within six months following the date of notification from the Committee that his or her application for licensure has been approved.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 11 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS › Section 13:34-11.8 - Professional counselor: credit towards licensure 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 under 13:34-11.2 and 11.3 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
(b) The Board shall issue a license as a professional counselor to the applicant, if the applicant presents evidence to the Committee that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under 13:34-11.2 and 11.3.
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree or a doctorate in counseling as described in 13:34-11.2, shall submit to the Committee a Joint Services Transcript of his or her education for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to a master's degree or a doctorate in counseling as described and required for licensure under 13:34-11.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee shall consider only those courses relevant to the practice of 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 as a professional counselor, including successful completion of the National Counselor Examination (NCE) or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor, as set forth in 13:34-11.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 34 - BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS › Subchapter 11 - PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE; DEFINITIONS › Section 13:34-11.9 - Associate counselor: credit towards licensure 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 under 13:34-11.5 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 as an associate counselor to the applicant, if the applicant presents evidence to the Committee that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained and outside of the Armed Forces, is substantially equivalent in scope and character to the training, education, and experience required for licensure under 13:34-11.5.
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.
ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a master's degree or a doctorate in counseling as described in 13:34-11.5, shall submit to the Committee a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to a master's degree or a doctorate in counseling, as described and required for licensure under 13:34-11.5. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee shall consider only those courses relevant to the practice of 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 as an associate counselor, including successful completion of the National Counselor Examination (NCE) or its successor, administered by the National Board for Certified Counselors (NBCC) or its successor, as set forth in 13:34-11.6.