reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.4 - Professional responsibilities to the Board, other regulatory authorities, or the public

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where not otherwise specified in this section, the term "licensee" includes holders of licenses and holders of temporary permits issued by the Board.
(b) A licensee shall meet professional responsibilities to the Board, to other regulatory authorities, and to the public as determined by accepted standards of practice, law or rules.
(c) A licensee shall respond within 30 days or sooner, as specified, to written communication from the Board, the Attorney General or the Director of the Division of Consumer Affairs and shall make available all records required with respect to a complaint from a client or as otherwise deemed necessary regarding the licensee's conduct. The response period commences on the date of the communication to the licensee's last reported address.
(d) A licensee shall maintain competence consistent with professional responsibilities, including the following:
1. A licensee shall remain abreast of standards of practice in the profession by means of securing continuing education such as training, experience or counsel and through professional journals;
2. A licensee-teacher shall base academic instruction primarily upon material the licensee reasonably believes to be accurate, current and scholarly;
3. 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 and/or scientific activities which are foreseeably likely to lead to inadequate performance or harm to a client, colleague, student or research participant;
4. A licensee shall refuse to engage in, or condone, hiring, promotion, or training practices that are inhumane or that result in illegal or otherwise unjustifiable discrimination on the basis of race, color, ancestry, marital status, civil union status, domestic partnership status, genetic information, pregnancy or breastfeeding, ethnicity, disability, age, sex or gender, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, refusal to submit to a genetic test or make available the results of a genetic test to an employer, liability for service in the Armed Forces of the United States, nationality, religion, national origin, or any other characteristic protected by N.J.S.A. 10:5-12(a); and
5. A licensee shall practice only in his or her area of competence, consistent with his or her training, experience, education or supervision, and shall make appropriate referrals to practitioners of related or other professions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.6 - Research

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall observe research requirements consistent with accepted standards of practice including, but not limited to, the following:
1. A licensee shall minimize the possibility that research findings will be misleading and shall not knowingly publish misleading or false findings;
2. A licensee shall provide thorough discussion of the limitations of the published data and alternative hypotheses, especially where the work touches on social policy or might reasonably be construed to the detriment of persons in specific age, sex, ethnic, socio-economic or other identifiable social groups;
3. In reporting research results, a licensee shall reveal contrary or disconfirming data or acknowledge the existence of alternative hypotheses and explanations of the findings;
4. A licensee shall acknowledge the authors of work in proportion to their professional contribution; and
5. A licensee shall treat research participants ethically and ensure ethical treatment of them by collaborators, assistants, students and employees.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.7 - Reporting of violations of other licensees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall promptly notify the Board when in possession of information which reasonably indicates that another licensee has demonstrated an impairment, gross incompetence, repeated acts of incompetence or professional misconduct which would present an imminent danger to a client or to the public health, safety or welfare.
(b) Notwithstanding the provisions of (a) above, when a licensee in the course of a professional relationship with a client who is not a licensee of the Board obtains information from the client about another licensee's suspected unlawful conduct, the licensee shall report the information only with the written permission of the client or authorized representative.
(c) Notwithstanding the requirements of (a) above, a licensee who acquires knowledge of impairment, gross incompetence, repeated acts of incompetence or professional misconduct in the course of treating a client-psychologist or an individual exempt from licensure pursuant to 13:42-1.3 and 45:14B-8 shall not be obligated to notify the Board if:
1. The treating psychologist reasonably believes that the improper conduct has ceased and that the treatment is preventing a recurrence of the impairment, incompetence or professional misconduct; or
2. The treating psychologist has reasonable cause to believe that the incompetent psychologist or exempt professional is currently receiving professional supervisory and educational measures which are reasonably likely to protect clients against gross incompetence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.8 - Professional interactions with clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not abandon or neglect a client in need of professional care without making reasonable arrangements for the continuation of such care or offering to help the client find alternative sources of assistance.
(b) A licensee shall not abandon or neglect professional employment by a group practice, hospital clinic or other health care facility without reasonable notice or under circumstances which would be expected to seriously impair the delivery of professional care to clients.
(c) A licensee shall not willfully harass, abuse or intimidate a client regarding delivery of client services, either physically or verbally.
(d) A licensee shall not order or perform excessive tests, treatment or use of treatment facilities not warranted by the condition of the client.
(e) A licensee shall terminate a clinical or consulting relationship when it is reasonably clear that the client is not benefiting from it. In such instances, the licensee shall offer to help the client find alternative sources of assistance.
(f) A licensee, whether practicing privately or within an institution or agency utilizing psychological services, shall not distort, misuse or suppress the psychological findings by the licensee or others.
(g) A licensee shall not misuse his or her influence in a manner that exploits the client's trust and dependency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.10 - Financial arrangements with clients and others

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall inform clients of the financial arrangements for psychological services. Such financial arrangement(s) should be in writing. If the licensee elects not to provide the financial arrangement(s) in writing, the burden of demonstrating compliance with the regulations in this subchapter shall be on the licensee. The information provided to the client shall include, but not be limited to:
1. The fee for services or the basis for determining the fee to be charged, unless services are provided during an emergency or in other circumstances where disclosure of such information would adversely affect the client's health or welfare;
2. Whether the licensee will accept installment payments or assignment of benefits from a third party payor;
3. Whether Medicaid clients are accepted;
4. Whether Medicare clients are accepted and, if so, if the licensee shall bill the client for any balance remaining after assignment;
5. Any other information, to the extent known to the licensee, concerning insurance coverage, including whether other third party payor plans are accepted; and
6. The financial consequences, if any, of missed sessions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.11 - Prohibition on excessive fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may review information and complaints alleging excessive fees charged by Board licensees. This regulation is not intended to impinge upon the strong public policy in favor of a competitive, free enterprise economy embodied in the antitrust laws of the United States and of this State.
(b) A licensee shall not charge an excessive fee for services. A fee is excessive when, after a review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the fee is so high as to be manifestly unconscionable or overreaching in the circumstances.
(c) Factors which the Board may consider in determining whether a fee is excessive include, but are not limited to, the following:
1. The novelty and difficulty of the service or treatment;
2. The time and effort required;
3. The skill required to properly perform the procedure or treatment;
4. Any requirements or conditions imposed by the client or by the circumstances;
5. The nature and length of the professional relationship with the client;
6. The experience, reputation and ability of the licensee performing the services;
7. The nature and circumstances under which services are provided; and
8. Comparable fees charged by licensees not under inquiry.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.12 - Billing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee's bill shall include at least the following information:
1. The licensee's name, license number, tax identification number and original signature, except in the case of electronic billing, where an original signature is not required;
2. The street address and telephone number of the practice location;
3. The dates and nature of professional services including, in connection with treatment, whether individual or group;
4. Diagnosis and insurance codes, if required or requested;
5. In a practice setting where services are provided by more than one practitioner, the name and license number of the licensee who provided the services being billed; and
6. Fees. The licensee shall identify which part, if any, of the services billed were provided by a technician at the direction of and under the supervision of the licensee pursuant to 13:42-7.3 and 7.4 and shall adjust the fee downward accordingly.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.13 - Conflicts of interest; dual relationships

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not refer a client to a health care service in which the licensee has any financial or significant beneficial interest unless the licensee has:
1. Disclosed that he or she has a financial interest; and
2. Provided an alternative referral source.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.14 - Prohibition on referral fees and fee splitting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall not pay, offer to pay or receive any fee or other form of compensation for referral of a client for professional services or for the purchase of goods. This subsection shall not prohibit a licensee from:
1. Paying a flat fee for regular advertising services;
2. Paying a flat fee for the licensee's placement on a commercially sponsored "referral list" of licensed 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 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.16 - Client accessibility to therapist of choice

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee shall not enter into any business agreement that interferes with or restricts the ability of a client to see or continue to see his or her therapist of choice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.17 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each of its licensees at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. 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, provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth at N.J.A.C. 13:42-6.1, prior to the date of license expiration.
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew as a practitioner in inactive status shall not engage in the practice of psychology, or hold him- or herself out as eligible to engage in the practice of psychology, in New Jersey until such time as the license is returned to active status.
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth at N.J.A.C. 13:42-6.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.
(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(f) A licensee who continues to engage in the practice of psychology with a suspended license shall be deemed to be engaging in the unlicensed practice of psychology and shall be subject to action consistent with N.J.S.A. 45:1-14et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.18 - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:42-10.17(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period of inactive license that includes the name, address, and telephone number of each employer;
3. If the renewal application is sent during the first year of the biennial renewal period, the renewal fee for the biennial period for which reactivation is sought, as set forth at N.J.A.C. 13:42-6.1. If the renewal application is sent during the second year of the biennial period, half of the renewal fee for the biennial period for which reactivation is sought, as set forth at N.J.A.C. 13:42-6.1; and
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:42-10.20.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.19 - License reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C 13:42-10.17(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license that includes the name, address, and telephone number of each employer;
3. The renewal fee set forth at N.J.A.C. 13:42-6.1for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth at N.J.A.C. 13:42-6.1; and
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:42-10.20.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.20 - Continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the first biennial license renewal after June 19, 2018, and upon every biennial license renewal thereafter, licensees shall attest that they have completed courses of continuing education of the types and number of credits specified in (b) and (c) below and in N.J.A.C. 13:42-10.21. Falsification of any information submitted on the renewal application may require an appearance before the Board and may subject a licensee to penalties and/or suspension or revocation of the license pursuant to N.J.S.A. 45:1-21 through 45:1-25.
(b) Each applicant for biennial license renewal shall be required to complete during the preceding biennial period 40 credits of continuing education related to the practice of psychology, except as provided in (c) below. These 40 credits shall include at least four credits in topics related to domestic violence and, commencing with the biennial renewal period beginning on July 1, 2019, one credit in topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, addiction, and diversion.
(c) Licensees applying for their first biennial renewal shall not be required to indicate that they completed continuing education requirements.
(d) A licensee who completes more than the minimum continuing education credit hours set forth in (b) above in any biennial registration period may carry no more than 10 of the additional credit hours into a succeeding biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.21 - Continuing education programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall successfully complete at least 20 of the required 40 continuing education credits through continuing education courses or programs related to the practice of psychology, one credit for each hour of instruction. Courses or programs shall either be presented by the following or be presented by providers approved by the following:
1. American Psychological Association;
2. National Register of Health Service Psychologists;
3. Association of State and Provincial Psychology Board; or
4. American Medical Association.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.22 - Continuing education audits; records of continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements.
(b) A licensee shall maintain the following documentation for a period of four years after completion of the credits and shall submit such documentation to the Board upon request:
1. For attendance at courses or programs presented by a provider approved pursuant to N.J.A.C. 13:42-10.21(a): a certificate of completion from the provider which includes:
i. The title, date, and location of course offering;
ii. Name of the licensee; and
iii. Number of credits awarded;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.23 - Waiver of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may waive the continuing education requirements of N.J.A.C. 13:42-10.20 on an individual basis for reasons of hardship, such as severe illness, disability, or military service.
1. A licensee seeking a waiver of the continuing education requirements shall apply to the Board in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensee shall provide the Board with supplemental materials that support the request for waiver.
2. A waiver of continuing education requirements granted pursuant to this section shall be effective only for the biennial period for which such waiver is granted. If the condition(s) that necessitated the waiver continue(s) into the next biennial period, a licensee shall apply to the Board for the renewal of such waiver for the new biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 10 - GENERAL OBLIGATIONS OF A LICENSEE › Section 13:42-10.24 - Additional continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may direct or order a licensee to complete continuing education credits:
1. As part of a disciplinary or remedial measure in addition to the required 40 hours of continuing education; or
2. To correct a deficiency in the licensee's continuing education requirements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter implements the provisions of P.L. 1985, c.256 (45:14B-31 et seq.), which limits the scope of and establishes procedures by which clients may authorize licensees to disclose confidential information upon the request of an insurer or other third-party payor. The following provisions of (b) through (d) below apply, unless the third-party payor is:
1. A self-insured employer or an entity providing administrative services to such an employer for the purpose of determining entitlement to benefits; or
2. The payor is a "stop-loss" plan (i.e., a plan in which an employer self-insures up to a certain amount and then purchases excess insurance beyond that amount from an insurance company. (See also 13:42-8.4.)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.3 - Stage I (Preliminary Disclosure); required authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a licensee receives a request from a third party payor for information about psychological services rendered by the licensee, the licensee shall request a valid authorization from the client or other designated person.
(b) The licensee shall secure the authorization within 14 days of receiving the request from the third party payor, unless precluded from doing so by the circumstances of the case.
(c) The authorization shall be in writing and shall specify at least the following:
1. The nature of the information to be disclosed, the person authorized to disclose the information, to whom the information may be disclosed, the specific purposes for which the information may be used at the time of disclosure and at any future time;
2. That the client is aware of the statutory privilege for confidential communication between a client and a licensed psychologist; and
3. That the consent may be revoked in writing by the client at any time, if such notice is given to both the treating psychologist and the recipient named in the authorization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.4 - Stage I: Information to be provided to the third-party payor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Stage I inquiry does not involve the Independent Professional Review Committee (IPRC). The licensee shall provide the information set forth below directly to the third party payor.
(b) Within 10 days of receipt of the authorization required pursuant to N.J.A.C. 13:42-11.3, the treating psychologist shall provide the third-party payor with basic client information limited to the following. The information provided shall be marked "Confidential" and forwarded to the attention of the specific individual designated in the authorization, if any.
1. Administrative information, defined as the client's name, age, sex, address, educational status, identifying number within the insurance program, date of onset of difficulty, date of initial consultation, dates and character of sessions (individual or group) and fees;
2. Diagnostic information, defined as therapeutic characterizations of the type found in the International Statistical Classification of Diseases and Related Health Problems, published by the World Health Organization, 525 Twenty-Third St. N.W., Washington, D.C. 20037, incorporated herein by reference, as amended and supplemented, or Diagnostic and Statistical Manual of Mental Disorders (DSM-5), published by the American Psychiatric Association, 800 Maine Avenue, S.W., Suite 900, Washington, DC 20024;
3. Status of the client (voluntary or involuntary; inpatient or outpatient);
4. The reason for continuing psychological services, limited to an assessment of the client's current level of functional impairment and level of distress. Each aspect shall be described as "none," or by the term mild, moderate, severe or extreme; and
5. Prognosis, limited to an estimate of the minimal time during which treatment might continue.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.5 - Stages II, III and IV; Information to be provided to Independent Professional Review Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall notify the Board within 10 days of a request by a third party payor for a Stage II, III or IV review by the IPRC, established pursuant to 45:14B-44 and 13:42-11.6. The notification shall include the following information:
1. The licensee's major theoretical orientation; that is, behavioral, humanistic/existential, psychoanalytic, systems, or eclectic; and
2. The licensee's area of practice specialization; for example, psychotherapy with adults and adolescents, psychotherapy with children, marital/family therapy or testing/assessment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.6 - Independent Professional Review Committee; responsibilities of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall appoint IPRC members from a pool of volunteer licensed psychologists who are screened and trained by the Board. The Board shall appoint to the IPRC, for a three-year term, licensees who demonstrate that they are:
1. Licensed in New Jersey for the five years immediately preceding appointment;
2. Active practitioners with a current minimum average of 10 hours per week of direct service in the areas of service they are authorized to review; for example, psychotherapy with adults and adolescents; psychotherapy with children; marital/family therapy; testing/assessment; and
3. Respected and known by their professional colleagues for the quality of their clinical work and exemplary professional conduct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.7 - Stage II review by Independent Professional Review Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The reviewers shall examine the material submitted by the treating psychologist as specified in 13:42-11.5(c), as well as any material made available by the third party payor, including, but not limited to, billing statements, treating doctor reports and claim forms, and the report of an independent examining practitioner, if any.
(b) Each reviewer shall make an independent assessment of the material provided to determine, on the basis of the limited information provided, whether the psychological services for which payment is claimed are usual, customary or reasonable.
(c) Each reviewer shall confer with the other designated reviewer to ascertain whether there is agreement on the finding.
(d) If, on the basis of the information provided, the reviewers can certify that the treatment is usual, customary or reasonable, the reviewers shall so notify the third party payor and the Board, and no further review shall be undertaken by the IPRC.
(e) If the two reviewers are unable to agree that services are usual, customary or reasonable, or if they both agree that the services are not; or if both reviewers find the information provided to be insufficient to reach a conclusion, the reviewers shall proceed to Stage III and shall so notify the Board and the treating psychologist.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.8 - Stage III Review by Independent Professional Review Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The two designated reviewers shall request the treating psychologist to provide a written statement describing his or her customary mode of treatment for the particular diagnosis and for the client in question, within the context of the psychologist's theoretical orientation.
(b) If, on the basis of the information provided, the reviewers can certify that the treatment is usual, customary or reasonable, the reviewers shall so notify the third party payor and the Board, and no further review shall be undertaken by the IPRC.
(c) If the two reviewers are unable to agree that the treatment is usual, customary or reasonable, or if they both agree that the services are not usual, customary or reasonable, or if one or both reviewers find the information provided to be insufficient to reach such a conclusion, the reviewers shall proceed to Stage IV and shall so notify the Board and the treating psychologist.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.9 - Stage IV review by Independent Professional Review Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In a Stage IV review, the Board shall appoint a third reviewer.
(b) The reviewers shall request the treating psychologist to provide details and circumstances concerning the case under review. The reviewers shall request production of the original client record including session notes, test data and results, etc.
(c) On the basis of the information provided, the reviewers shall then certify to the third party payor and the Board their conclusion as to whether the treatment is usual, customary or reasonable. The conclusion of a majority of the three-person IPRC shall be reported as the conclusion of the Committee.
(d) The reviewers shall certify to the third party payor the date and length of time of their consultation in reviewing the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.10 - Independent Professional Review Committee; responsibilities of reviewers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) IPRC reviewers shall complete the entire review process, that is, Stages II, III (if necessary) and IV (if necessary), within 20 days of their receipt of the review request by the Board. The Board shall interpret the timeframe to be exclusive of days lost as a result of injury or extenuating personal circumstances. The reviewers shall inform the Board or arrange for another to do so when such unforeseen event prevents the timely completion of a review assignment. The Board shall, in that event, attempt to appoint a substitute reviewer to complete the assignment.
(b) A reviewer shall treat all information provided by the treating psychologist as confidential and shall not disclose the information to the third party payor or to any private person.
(c) Upon termination of a reviewer's practice, the reviewer or his or her designee shall transfer all IPRC records to the IPRC office.
(d) A reviewer who believes that the information disclosed in the review raises a substantial possibility that a psychologist has engaged in any act or practice declared unlawful by a statute, regulation or accepted standard of practice of the Board shall make a report to the Board, which may conduct its own inquiry.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.11 - Independent Board investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may conduct its own inquiry into a matter pursuant to 45:1-18, notwithstanding prior consideration by the IPRC, in the following circumstances:
1. The Board is requested by the third party payor, acting in good faith, to conduct an independent investigation of a matter; and
2. The third party payor's request sets forth specific grounds for questioning the IPRC results.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 11 - ACCESS TO TREATMENT INFORMATION IN DESIGNATED HEALTH INSURANCE PROGRAMS › Section 13:42-11.12 - Circumstances in which IPRC process is not required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The IPRC process is not required for otherwise lawful methods of access to client treatment records in the following circumstances:
1. The client, vis-a-vis another person or a third party payor, has placed his or her mental condition in issue in a litigation context, and the client has consented to release of records of the treating psychologist;
2. The treating psychologist has been requested to provide information regarding underlying claims for damages or for reimbursement of professional fees, as authorized or directed by the Rules of Court or by order of a court of competent jurisdiction (not the mere service of an attorney's subpoena for discovery in litigation);
3. The third party payor has requested, pursuant to applicable laws, inspection of the client record and/or preparation by the licensee of a written report; that is, the Personal Injury Protection Program established by P.L. 1972, c.70, 39:6A-13(b) and (e), as amended or superseded, with regard to injuries resulting from motor vehicle accidents;
4. A third party payor has directed the client-insured to submit to mental or physical examination by an appropriate practitioner who prepares and submits findings and conclusions, pursuant to 39:6A-13(d), (e), (f);
5. A hospital, nursing home or other similar licensed health care institution has requested the licensee to provide existing client records of an inpatient for the purpose of ongoing evaluation;
6. A third party payor has requested access to hospital records, to the extent permitted by hospital rules governing the release of client records and/or mental health records in particular; or
7. The Board or the Attorney General has subpoenaed a complete copy of treatment records for the purpose of determining whether the conduct of a Board licensee conforms to accepted standards of practice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter set forth the minimum requirements for licensed psychologists who perform custody/parenting time evaluations and termination of parental rights evaluations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.2 - 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 supervision in all of the following categories:
1. Child growth and development;
2. Psychological testing;
3. Parent-child bonding;
4. Scope of parenting;
5. Adult development and psychopathology;
6. Family functioning;
7. Child and family development;
8. Child and family psychopathology;
9. The impact of divorce or family dissolution on children; and
10. 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 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.3 - 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 patient'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 no longer function as an evaluator in the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.4 - 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 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.5 - 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 implications 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;
5. Special policies pertaining to issues, such as canceled and/or missed appointments; and
6. Limitation on communications, as set forth in 13:42-12.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.6 - 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 as appropriate.
(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 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 12 - CUSTODY/PARENTING TIME EVALUATIONS AND/OR TERMINATION OF PARENTAL RIGHTS EVALUATIONS › Section 13:42-12.7 - Reports and recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 inability to collect final documents from collateral contacts, the licensee shall provide, in writing, the reasons for the delay in accordance with (c), (d) and (e) below.
(b) A licensee shall not provide any opinion regarding the psychological functioning of any individual who has not been personally evaluated. A licensee may report what an evaluated individual has stated or address theoretical issues or hypothetical questions, as long as the limited basis of the information is explained.
(c) A licensee who is court-appointed shall submit the report only to the court and to both parties or their attorneys, unless otherwise specified in a court order.
(d) A licensee who is selected by both parties shall submit the report only to both parties or their attorneys, unless otherwise specified in a consent order.
(e) A licensee who is selected by only one party shall submit the report only to that party or that party's attorney unless the party notifies the licensee in writing that the party does not want to receive the report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 42 - BOARD OF PSYCHOLOGICAL EXAMINERS › Subchapter 13 - TELEMEDICINE › Section 13:42-13.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61et seq.), which authorizes healthcare providers to engage in telemedicine and telehealth.
(b) This subchapter shall apply to all persons who are licensed by the Board as practicing psychologists.
(c) Pursuant to N.J.S.A. 45:1-62, a practicing psychologist must hold a license issued by the Board if he or she:
1. Is located in New Jersey and provides psychological services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
2. Is located outside of New Jersey and provides psychological services to any client located in New Jersey by means of telemedicine or telehealth.