reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical and/or mental health information either to or from an originating site or to or from the licensee at a distant site, which allows for the client to be evaluated without being physically present.
"Board" means the Board of Psychological Examiners.
"Cross-coverage psychological service" means a licensee who engages in a remote psychological evaluation of a client, without in-person contact, at the request of another licensee who has established a proper licensee-client relationship with the client.
"Distant site" means a site at which a licensee is located while providing psychological services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Board as a practicing psychologist.
"On-call" means a licensee is available, where necessary, to physically attend to the urgent and follow-up needs of a client for whom the licensee has temporarily assumed responsibility, as designated by the client's primary care provider or other mental health care provider of record.
"Originating site" means a site at which a client is located at the time that psychological services are provided to the client by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote client monitoring devices, or other electronic means, to support clinical health care, provider consultation, client and professional health-related education, public health, health administration, and other psychological services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.).
"Telemedicine" means the delivery of a psychological service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a licensee who is located at a distant site and a client who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing psychological services through telemedicine or telehealth, a licensee shall determine whether providing those psychological services through telemedicine or telehealth would be consistent with the standard of care applicable for those psychological services when provided in-person.
(b) If a licensee determines, either before or during the provision of psychological services, that psychological 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 psychological services through telemedicine or telehealth.
(c) A licensee who determines that psychological services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain psychological services in-person.
(d) A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.4 - Licensee-client relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing psychological 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 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.5 - Provision of psychological 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 of N.J.A.C. 13:42-13.4, a licensee may provide psychological services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of psychological services to clients.
(b) Prior to providing psychological services through telemedicine or telehealth, a licensee shall determine the client's originating site and record this information in the client's record.
(c) A licensee providing psychological services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided in (e) below, a video component that allows a licensee to see a client and the client to see the licensee during the provision of psychological services.
(d) A licensee providing psychological services through telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of:
1. Images;
2. Diagnostics, including test results and interpretation;
3. Data; and
4. Medical and psychological information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee who provides psychological services through telemedicine or telehealth shall maintain a record of the care provide to a client. Such records shall comply with the requirements of N.J.A.C. 13:42-8, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a client's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.7 - 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 psychological services through telemedicine or telehealth, a licensee must establish written protocols that address:
1. Identification of users;
2. Identification of the client during the initial intake pursuant to N.J.A.C. 13:42-13.4(a)1;
3. Identification 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. Verification of client profile data.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.8 - Privacy and notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees that communicate with clients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are incorporated herein by reference, relating to privacy of individually identifiable health information.
(b) A licensee who becomes aware of a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR Part 164.
(c) 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.
(d) Licensees who provide psychological services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing psychological services, give clients notice regarding telemedicine and telehealth, including the risks and benefits of using technology to provide psychological services and how to receive follow-up care or assistance 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.
(e) 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 psychological evaluation reasonably able to meet the client's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:42A-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. 2000, c. 57, N.J.S.A. 45:14BB-1 et seq., the Psychoanalysts State Certification Act.
(b) This chapter shall apply to all persons applying for certification as a psychoanalyst and to persons certified as psychoanalysts in the State of New Jersey by the Director or a designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:42A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Committee" means the Certified Psychoanalysts Advisory Committee established pursuant to N.J.S.A. 45:14BB-4.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or a designee.
"National psychoanalytic association" means a national professional organization of psychoanalysts, which is generally recognized in the psychoanalytic community, that conducts on-site visits of psychoanalytic institutes applying for accreditation.
"Psychoanalytic services" means therapeutic services that are based on an understanding of the unconscious and how unconscious processes affect the human mind as a whole, including actions, thoughts, perceptions and emotions.
"State-certified psychoanalyst" means an individual who has met the eligibility requirements contained in N.J.S.A. 45:14BB-6 and 13:42A-2.1 who holds a current, valid certification as a psychoanalyst issued by the Director or a designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:42A-1.3 - Office of the Certified Psychoanalysts Advisory 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 Certified Psychoanalysts Advisory Committee is Post Office Box 45050, Newark, New Jersey 07101. The website address is
http://www.njconsumeraffairs.gov/psyan/
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:42A-1.4 - Use of title

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall use the title, "State Certified Psychoanalyst" or the abbreviation "SCP" or "SCPsyA," unless certified by the Director or a designee pursuant to the provisions of N.J.S.A. 45:14BB-1 et seq. and this chapter. No person shall hold himself or herself out as a State-certified psychoanalyst in the State of New Jersey while his or her certificate is in inactive status.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:42A-1.5 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Charges for certification and other services are as follows:
1. Application fee $ 100.00
2. Examination fee $ 175.00
3. Initial certification fee
i. During the first year of a biennial renewal period $ 275.00
ii. During the second year of a biennial renewal period $ 138.00
4. Biennial renewal fee $ 275.00
5. Verification fee $ 25.00
6. Replacement wall certificate fee $ 25.00
7. Duplicate certificate fee $ 25.00
8. Inactive certification fee $ 175.00
9. Late renewal fee (to be established by rule by the Director)
10. Reinstatement fee (to be established by rule by the Director)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 2 - QUALIFICATIONS; APPLICATION PROCESS › Section 13:42A-2.1 - Requirements for certification as a psychoanalyst

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible to be certified as a State-certified psychoanalyst, an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character;
3. Have received at least a master's degree from an accredited institution of higher education. For purposes of this section "accredited" shall mean the institution is accredited by a United States regional or national accrediting body recognized within the national academic community or the institution is chartered or approved by a foreign government after meeting requirements established by a governmental or independent educational agency recognized in the foreign country. In order to meet the requirements of this paragraph, the applicant shall:
i. Submit proof that the institution of higher education is accredited as defined in (a)3 above, if requested by the Committee; and
ii. If the applicant is a graduate of a foreign institution of higher education, submit a certification by a foreign transcript evaluating service on the Committee's approved list establishing that the foreign degree is the substantial equivalent of a master's degree in the U.S.;
4. Have received a certificate of graduation in psychoanalysis from a free-standing psychoanalytic institute that is either:
i. Accredited by a national psychoanalytic association at the time the applicant graduated and approved by the Director or a designee; or
ii. Chartered by a state or foreign government with substantially similar requirements as those for accreditation by a national psychoanalytic association and approved by the Director or a designee;
5. Have passed an examination to determine the applicant's competence to practice psychoanalytic services; and
6. Have undergone a criminal history record background check pursuant to 45:1-29.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 2 - QUALIFICATIONS; APPLICATION PROCESS › Section 13:42A-2.2 - Requirements for applicants holding a certificate of graduation from a nonaccredited psychoanalytic institute

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director or a designee may waive the requirement in
13:42A-2.1(a)
4 that the applicant hold a certificate from an accredited psychoanalytic institute and allow an applicant to take the examination, if the applicant has:
1. Received a certificate of graduation in psychoanalysis from a free-standing, psychoanalytic institute that:
i. Has not been accredited as set forth in 13:42A-2.1(a)4  i; or
ii. Has been chartered by a state or foreign government that does not have substantially similar requirements of accreditation as those required by a national psychoanalytic association and has not been approved by the Director or a designee; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 2 - QUALIFICATIONS; APPLICATION PROCESS › Section 13:42A-2.3 - Certification by endorsement

Current through Register Vol. 56, No. 14, July 15, 2024
The Director or a designee shall waive the education, experience and examination requirements for State certification and issue a State certification by endorsement to any applicant who holds a current license, registration or certificate to practice psychoanalysis issued by the agency of another state or country that has requirements for licensure, registration or certification equivalent to or higher than those required in this State for certification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 3 - EXAMINATION › Section 13:42A-3.1 - Examination

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant shall take and pass the examination to determine the applicant's appropriate competencies, qualifications and abilities to practice psychoanalysis, pursuant to the statute and rules in this chapter except as provided in 13:42A-2.2 or 2.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:42A-4.1 - Certification renewal and continuing education requirement

Current through Register Vol. 56, No. 14, July 15, 2024
All State-certified psychoanalysts shall complete 20 credits of continuing education for certification renewal. A State-certified psychoanalyst shall confirm on the renewal application that he or she has completed all continuing education requirements pursuant to 13:42A-4.2 during the biennial period preceding application for renewal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:42A-4.2 - Credit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall not be required to obtain continuing education credits during the biennial period in which initial certification was obtained but shall be subject to the requirements of 13:42A-4.1 for all subsequent biennial renewal periods.
(b) A State-certified psychoanalyst who earns more than 20 credits of continuing education during a biennial period may not carry any credits into the next succeeding biennial period.
(c) A State-certified psychoanalyst who is ordered by the Committee to complete continuing education courses or programs for remedial purposes shall not use that continuing education toward the required 20 credits of continuing education per biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:42A-4.3 - Acceptable sources of continuing education; continuing education credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are acceptable sources of continuing education credits if directly related to the clinical and theoretical practice of psychoanalysis:
1. Credits granted by the following organizations for completing courses or programs:
i. Accredited psychoanalytic institutes;
ii. The National Association for the Advancement of Psychoanalysis;
iii. The Society of Modern Psychoanalysts;
iv. The American Psychoanalytic Association;
v. The American Group Psychotherapy Association;
vi. The Eastern Group Psychotherapy Society;
vii. The New Jersey Group Psychotherapy Association;
viii. Other national psychoanalytic associations;
ix. The National Board for Certified Counselors;
x. The American Counseling Association;
xi. The American Psychological Association;
xii. The American Psychiatric Association;
xiii. The National Association of Social Workers;
xiv. The New Jersey Society for Clinical Social Work;
xv. The American Association for Marriage and Family Therapy;
xvi. The Commission on Rehabilitation Counselors Certification;
xvii. The American Orthopsychiatric Association;
xviii. The American Medical Association;
xix. The American Nurses Association;
xx. The National Association of Alcoholism and Drug Abuse Counselors; and
xxi. Any of the New Jersey State chapters and affiliates of the organizations or associations listed in (a)1i through xx above;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:42A-4.4 - Documentation of continuing education credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall retain documentation of continuing education credit in order to verify program attendance or activity completion and shall submit such documentation to the Committee upon its request. The Committee may periodically audit the records of State-certified psychoanalysts, on a random basis, to determine compliance with continuing education requirements of this subchapter.
(b) A State-certified psychoanalyst shall verify attendance at continuing education courses or programs by a certificate of attendance or by a written statement from the course or program instructor. The verification shall include the name of the State-certified psychoanalyst, the name of the sponsor, the title, location and date of the course or program and the number of continuing education credits awarded.
(c) A State-certified psychoanalyst shall verify continuing education activities by retaining the following:
1. For publications, a copy of the published article;
2. For program presentations, copies of the program, syllabus, outlines and bibliographies;
3. For teaching, copies of the syllabus, bibliography, course outline and verification from the academic institution that the course was "new" as defined by 13:42A-4.3(a)4; and
4. For graduate coursework, an official transcript.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:42A-4.5 - Waiver of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may waive continuing education requirements on an individual basis for reasons of hardship, such as illness, disability, active service in the military or other good cause.
(b) A State-certified psychoanalyst who seeks a waiver of the continuing education requirements shall provide to the Committee, in writing, the specific reasons and any additional documentation the Committee may request in support of the waiver.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 5 - CERTIFICATION RENEWAL; CHANGE OF STATUS; REINSTATEMENT › Section 13:42A-5.1 - Certification renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certifications shall be renewed biennially upon a form provided by the Committee. Each applicant shall attest whether the continuing education requirements of N.J.A.C. 13:42A-4 have been completed during the prior 24-month renewal period.
(b) The Committee shall send a notice of renewal to each State-certified psychoanalyst at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew.
(c) The State-certified psychoanalyst shall submit the renewal application and pay the renewal fee pursuant to 13:42A-1.5 prior to the date of expiration of the certificate. If the State-certified psychoanalyst does not renew the certificate prior to its expiration date, the State-certified psychoanalyst may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to 13:42A-1.5. The State-certified psychoanalyst who fails to renew the certificate within 30 days after the expiration date of the certificate shall have the certification suspended without a hearing.
(d) A person who continues to hold him- or herself out as a State-certified psychoanalyst after 30 days following the expiration date of the certificate shall be deemed to be engaged in the uncertified practice of psychoanalysis, even if no notice of suspension has been provided to the person.
(e) Renewal applications for all certificates shall provide the applicant with the option of either active or inactive renewal. Renewal applicants electing to renew as inactive shall not hold themselves out to the public as State-certified psychoanalysts. An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period, unless the applicant applies for change of status pursuant to 13:42A-5.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 5 - CERTIFICATION RENEWAL; CHANGE OF STATUS; REINSTATEMENT › Section 13:42A-5.2 - Change of status

Current through Register Vol. 56, No. 14, July 15, 2024
Upon application to the Director, the Director may permit an applicant who has been on inactive status to return to active status provided such applicant has completed 10 continuing education credits per year for each year the applicant has been on inactive status.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 5 - CERTIFICATION RENEWAL; CHANGE OF STATUS; REINSTATEMENT › Section 13:42A-5.3 - Reinstatement of expired certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person seeking reinstatement within five years following the expiration date of the State-certified psychoanalyst certification shall submit the following to the Committee:
1. A completed reinstatement application;
2. An affidavit of employment listing each job held during the period of suspended certification, which includes the names, addresses and telephone numbers of each employer;
3. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:42A-4 for the renewal of a State-certified psychoanalyst certification; and
4. Payment of a reinstatement fee as set forth in 13:42A-1.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 6 - PATIENT RECORDS; CONFIDENTIALITY › Section 13:42A-6.1 - Preparation and maintenance of patient records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall contemporaneously prepare and maintain separately for each patient a permanent record, which accurately reflects the State-certified psychoanalyst's contact with the patient whether in an office, hospital or other treatment, evaluation or consultation setting.
(b) A State-certified psychoanalyst shall include in the patient record the following information pertinent to the nature and extent of the professional interaction between the State-certified psychoanalyst and the patient:
1. The patient's name, address and telephone number;
2. The patient's complaint on intake;
3. Initial and ongoing diagnostic impressions;
4. Dates of all treatment, evaluation or consultation sessions and progress or session notes, if any;
5. The client identity on each page;
6. Fees charged and paid; and
7. In a multi-person practice, the identity of each provider of treatment, evaluation or consultation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 6 - PATIENT RECORDS; CONFIDENTIALITY › Section 13:42A-6.2 - Access to copy of patient record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "authorized representative" means, but is not necessarily limited to, a person designated by the patient or a court to exercise rights under this section. An authorized representative may be the patient's attorney or an agent of a third-party payor with whom the patient has a contract that provides that the third-party payor be given access to records to assess a claim for monetary damages or reimbursement.
(b) A State-certified psychoanalyst may require the record request to be in writing. No later than 30 days from receipt of a request from a patient or duly authorized representative, the State-certified psychoanalyst shall provide a copy of the patient record and/or billing records, including reports relating to the patient.
(c) The State-certified psychoanalyst may elect to provide a summary of the record, as long as the summary adequately reflects the patient's history and treatment, unless otherwise required by law.
(d) A State-certified psychoanalyst may charge a reasonable fee for the preparation of a summary and reproduction of records, which shall be no greater than an amount reasonably calculated to recoup the costs of transcription or copying.
(e) A State-certified psychoanalyst may withhold information contained in the patient record from a patient or the patient's authorized representative if, in the reasonable exercise of his or her professional judgment, the State-certified psychoanalyst believes release of such information would adversely affect the patient's health or welfare.
1. That record or the summary, with an accompanying explanation of the reasons for the original refusal, shall nevertheless be provided upon request of and directly to:
i. The patient's attorney;
ii. Another psychoanalyst or other licensed health care professional; or
iii. The patient's health insurance carrier.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 6 - PATIENT RECORDS; CONFIDENTIALITY › Section 13:42A-6.3 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall preserve the confidentiality of information from a patient in the course of the State-certified psychoanalyst's teaching, practice or investigation. However, the State-certified psychoanalyst shall reveal the information to appropriate professionals, public authorities and threatened individual(s) or their representatives only if in the State-certified psychoanalyst's judgment, exercised in accordance with the standards of the profession, any one of the following circumstances occur:
1. There is a clear and imminent danger to the individual or the public;
2. There is probable cause to believe that an identifiable potential victim of a patient is likely to be in danger; or
3. Release of such information is otherwise mandated by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.1 - Posting of practice authorization

Current through Register Vol. 56, No. 14, July 15, 2024
A State-certified psychoanalyst shall prominently display the current certificate in every location where the State-certified psychoanalyst practices.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.2 - Notification of change of address; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall notify the Committee, in writing, not later than 30 days after any change in the address of record on file with the Committee.
(b) Service of an administrative complaint or other process initiated by the Committee, the Attorney General or the Division of Consumer Affairs at the address of record on file with the Committee shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.3 - Reporting of conduct of other State-certified psychoanalysts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall promptly notify the Committee when in possession of information that reasonably indicates that another State-certified psychoanalyst has demonstrated an impairment, gross incompetence, repeated acts of incompetence, or professional misconduct that would present an imminent danger to a patient or to the public health, safety, or welfare.
(b) Notwithstanding the provisions of (a) above, a State-certified psychoanalyst who acquires knowledge of impairment, gross incompetence, repeated acts of incompetence or professional misconduct in the course of treating a patient-State-certified psychoanalyst shall not be obligated to notify the Committee if:
1. The treating State-certified psychoanalyst reasonably believes that the improper conduct has ceased and the current treatment is adequate to prevent a recurrence of the impairment, incompetence or professional misconduct; or
2. The treating State-certified psychoanalyst has reasonable cause to believe that the patient-State-certified psychoanalyst is currently receiving professional supervisory and educational measures, which are reasonably likely to protect patients against gross incompetence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.4 - Professional interactions with patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst who does not possess the requisite training, experience, education or supervision for a particular case shall obtain supervision for that case or make appropriate referrals to practitioners. Failure to obtain supervision or make the appropriate referral shall be deemed professional misconduct.
(b) A State-certified psychoanalyst shall not abandon nor neglect a patient in need of professional care without making reasonable arrangements for the continuation of such care or offering to assist the patient in finding alternative sources of assistance.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.5 - Financial arrangements with patients and others

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall inform patients, preferably in writing, of the financial arrangements for psychoanalytical services. If the State-certified psychoanalyst elects not to provide the financial arrangement(s) in writing, the burden of demonstrating that the patient has been informed of the financial arrangements shall be on the State-certified psychoanalyst.
(b) A State-certified psychoanalyst, upon request, shall provide to a patient or the patient's designated insurance carrier, a statement of services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.6 - Conflicts of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall not refer a patient to a person or entity in which the State-certified psychoanalyst has any financial or significant beneficial interest unless:
1. The State-certified psychoanalyst has disclosed that he or she has a financial interest; and
2. The State-certified psychoanalyst has provided an alternative referral.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.7 - Prohibition on referral fees and fee splitting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst shall not pay, offer to pay or receive any fee or other form of compensation for referral of a patient for professional services or for the purchase of goods. This subsection shall not prohibit a State-certified psychoanalyst from:
1. Paying a flat fee for regular advertising services;
2. Paying a flat fee for the State-certified psychoanalyst's placement on a commercially sponsored "referral list" of health care providers; or
3. Contributing a fee to a professionally sponsored referral service.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.9 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-certified psychoanalyst may advertise, in print or electronic media. The advertisement shall include, at a minimum, the name of the State-certified psychoanalyst as registered with the Committee and the designation "State Certified Psychoanalyst" or "SCP" or "SCPsyA."
(b) A State-certified psychoanalyst shall not make any statement or claim or make use of any professional format which is false, fraudulent, misleading or deceptive with regard to the performance of professional services or accepted standards of professional practice.
(c) A State-certified psychoanalyst who is on inactive status shall not hold himself or herself out to the public as a State-certified psychoanalyst.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 7 - GENERAL OBLIGATIONS OF A STATE-CERTIFIED PSYCHOANALYST › Section 13:42A-7.10 - Informed consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing an initial professional service to a patient, a State-certified psychoanalyst shall provide the patient with documentation indicating:
1. The goals of therapy;
2. The State-certified psychoanalyst's training and education; and
3. If the State-certified psychoanalyst was educated in a specific school of thought, such as modern or classical, a description of that school of thought.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.1 - 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 certified by the Committee as psychoanalysts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and information either to or from an originating site or to or from the State-certified psychoanalyst at a distant site, which allows for the patient to be evaluated without being physically present.
"Committee" means the Certified Psychoanalyst Advisory Committee.
"Cross-coverage service" means a State-certified psychoanalyst who engages in a remote evaluation of a patient, without in-person contact, at the request of another State-certified psychoanalyst who has established a proper State-certified psychoanalyst-patient relationship with the patient.
"Distant site" means a site at which a State-certified psychoanalyst is located while providing health care services by means of telemedicine or telehealth.
"State-certified psychoanalyst" means an individual certified by the Director as a psychoanalyst.
"On-call" means a State-certified psychoanalyst is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the State-certified psychoanalyst has temporarily assumed responsibility, as designated by the patient's primary care provider or other health care provider of record.
"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.).
"Telemedicine" means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a State-certified psychoanalyst who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening State-certified psychoanalyst, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.). "Telemedicine" does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.3 - Standard of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst 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 State-certified psychoanalyst determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the State-certified psychoanalyst shall not provide services through telemedicine or telehealth.
(c) A State-certified psychoanalyst who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.
(d) A State-certified psychoanalyst who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient's treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.4 - State-certified psychoanalyst-patient relationship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst shall establish a State-certified psychoanalyst-patient relationship by:
1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. A State-certified psychoanalyst may also use a patient's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
2. Disclosing and validating the State-certified psychoanalyst's identity, license, and title.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.5 - Provision of services through telemedicine or telehealth

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As long as a State-certified psychoanalyst has satisfied the requirements of N.J.A.C. 13:42A-8.4, a State-certified psychoanalyst may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision of health care services to patients.
(b) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst shall determine the patient's originating site and record this information in the patient's record.
(c) A State-certified psychoanalyst providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided in (e) below, a video component that allows a State-certified psychoanalyst to see a patient and the patient to see the State-certified psychoanalyst during the provision of services.
(d) A State-certified psychoanalyst 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 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A State-certified psychoanalyst who provides services through telemedicine or telehealth shall maintain a record of the care provide to a patient. Such records shall comply with the requirements of N.J.A.C. 13:42A-6, and all other applicable State and Federal statutes, rules, and regulations for recordkeeping, confidentiality, and disclosure of a patient's record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42A - CERTIFIED PSYCHOANALYSTS ADVISORY COMMITTEE RULES › Subchapter 8 - TELEMEDICINE › Section 13:42A-8.7 - Prevention of fraud and abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish that a State-certified psychoanalyst has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a State-certified psychoanalyst must establish written protocols that address:
1. Authentication and authorization of users;
2. Authentication of the patient during the initial intake pursuant to N.J.A.C. 13:42A-8.4(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 patient profile data.