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NEW JERSEY REGISTER
VOLUME 35, NUMBER 22
MONDAY, NOVEMBER 17, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS
BOARD OF MARRIAGE AND FAMILY THERAPY EXAMINERS RULES


Proposed Readoption with Amendments: N.J.A.C. 13:34

Proposed Repeals and New Rules: N.J.A.C. 13:34-7.3, 11.1, 11.2, 11.3, 18.5 and 21

Proposed Repeals: N.J.A.C. 13:34-1.2, 12, 13.1, 13.4, 22, 23.1 and 23.4

Authorized By: State Board of Marriage and Family Therapy Examiners, Dennis Gonzalez, Executive Director.
Authority: N.J.S.A. 45:8B-13 and 34.
Calendar Reference: See Summary below for explanation of exemption to calendar requirement.
Proposal Number: PRN 2003-461.

Submit comments by January 16, 2004 to:
Dennis Gonzalez, Executive Director
State Board of Marriage and Family Therapy Examiners
PO Box 45007
124 Halsey Street
Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to Executive Order No. 66(1978), the State Board of Marriage and Family Therapy Examiners (the Board) has evaluated the rules set forth at N.J.A.C. 13:34, which expire on April 19, 2004, pursuant to N.J.S.A. 52:14B-5.1c. The Board has reviewed these rules, as required by the Executive Order, and has determined that, with the proposed amendments more specifically described below, the rules are still reasonable, necessary, and effective for the purposes for which they were originally promulgated. The rules continue to protect the public health and safety by implementing licensure and practice standards which ensure that only qualified practitioners are performing marriage and family therapy services as well as professional and rehabilitation counseling services. Thus, the Board is proposing to readopt N.J.A.C. 13:34, with amendments.

Following is a summary of all subchapters together with amendments and clarifications, if applicable, and the rationale therefor: N.J.A.C. 13:34-1 through 8 provide the rules for marriage and family therapists. N.J.A.C. 13:34-9 is reserved.

Subchapter 1, General Provisions, sets forth the Board's fee schedule, examination review procedures, information concerning the location of the Board office, where application forms and licensee lists may be obtained, and a statement that all hearings are required to conform to the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. The Board is proposing to amend N.J.A.C. 13:34-1.1(a)4 to change the word "verification" to "certification" to properly reflect what the Board does when a fee is charged. The Board does not charge a fee for the verification of licensure, but rather the Board charges a fee for certifying licensure. There is also a provision in the subchapter requiring every licensee to display in his or her office a notice stating that the licensee is licensed by the Board and that notice must also provide the address of the Board or the address for the Division of Consumer Affairs. In addition, this subchapter also requires a licensee to notify the Board in writing of any change in the address on file with the Board, and that service of an administrative complaint or any other process initiated by the Board, the Attorney General, or the Division of Consumer Affairs at the address on file with the Board is deemed proper service for any inquiry or disciplinary action against the licensed marriage and family therapist. A licensee must also report to the Board in writing his or her receipt of notification of disciplinary action taken against the licensee in another jurisdiction.

The Board is proposing to repeal and reserve N.J.A.C. 13:34-1.2, Examination review procedure, because this procedure is obsolete and no longer the practice of the Board. An unsuccessful candidate now requests an examination review directly to the national examiner.

The Board is proposing new rule N.J.A.C. 13:34-1.9 to require a licensee whose name has been legally changed to notify the Board by certified mail, no later than 30 days following the name change. In addition, the proposed new rule delineates the proper documentation the licensee must submit to the Board.

The Board is proposing new rules, N.J.A.C. 13:34-1.10 and 1.11, which provide for licensure renewal, inactive or active status and reinstatement. N.J.A.C. 13:34-1.10(a) through (c) establishes the process for license or certification renewal. The Board sends a notice of renewal to its licensees every two years. Upon renewal, licensees must submit a renewal application and pay a renewal fee prior to the date of expiration of the license. N.J.A.C. 13:34-1.10(d) sets forth that any individual who continues to practice with an expired license more than 30 days following its expiration date shall be deemed to be engaged in the unlicensed practice of marriage and family therapy. N.J.A.C. 13:34-1.10(e) sets forth that a renewal applicant has the option of either an active or inactive renewal and that if the applicant elects to renew as inactive, he or she can not engage in marriage and family therapy counseling within New Jersey. N.J.A.C. 13:34-1.10(f) provides that if an applicant selects the inactive renewal option and wants to return to active status, he or she must present satisfactory proof that he or she has maintained proficiency by completing the continuing education hours required for renewal of an active license.

N.J.A.C. 13:34-1.11 provides that the Board may reinstate the license of an applicant whose license has been suspended for failure to renew provided that the applicant otherwise qualifies for licensure.

Subchapter 2, Professional Misconduct, defines professional misconduct set forth in N.J.A.C. 13:34-2.1. At N.J.A.C. 13:34-2.1(a)4, the Board is proposing to delete the reference to a "license eligible professional" because the Board does not have the authority to discipline these individuals should they fail to exercise appropriate supervision. Since the Board can only discipline its own licensees, the Board is proposing to insert the language "marriage and family therapist." In addition, at N.J.A.C. 13:34-2.1(a)5, the Board is proposing to include that a client's authorized representative or guardian may obtain or request copies of reports or test records relating to the client which are in the possession or under the control of the licensee. The Board is also proposing to delete the language, "to another licensed health practitioner consistent with that practitioner's authorized scope of practice," because the Board does not have the authority to limit to whom the client wishes to send reports or test records. The Board is proposing to amend N.J.A.C. 13:34-2.1(a)10 to include that it is considered misconduct if a licensee fails to notify the Board of not only a change of address, but also a change in name.

N.J.A.C. 13:34-2.2 sets forth requirements concerning professional interactions with clients. The Board is proposing to amend N.J.A.C. 13:34- 2.2 to require a licensee to obtain written informed consent from clients before videotaping, audio recording, or permitting third-party observation. Subchapter 3, Unlicensed Persons--Permissible Activities, delineates permissible activities for unlicensed persons employed by certain organizations, institutions, or agencies exempt from licensure pursuant to N.J.S.A. 45:8B-6, and the circumstances in which unlicensed individuals require supervision. Included in this subchapter are guidelines for determining whether a not-for-profit organization may qualify for exemption as a bona fide community organization. In addition, this subchapter addresses the supervision of employees and interns and the requirements for one-year and three-year temporary permits.

Subchapter 4, Applicant Qualifications; Board-Approved Examination, sets forth the general, educational and experiential requirements for licensure as a marriage and family therapist.

Subchapter 5, General Obligations of a Licensee, addresses financial arrangements with clients, conflicts of interest, termination of service, sexual conduct and harassment, reporting of violations by other licensees, prohibition on solicitation; unethical referrals and kickbacks and establishes criteria for determining excessive fees.

Subchapter 6, Advertising, establishes advertising standards by defining terms used in the subchapter, setting forth general requirements for advertising, the minimum content requirements in advertisements for marriage and family therapy services, the standards for a licensee's use of professional credentials and certifications in advertisements, the standards for required disclosures in advertisements regarding fees, the types or methods of advertising that are prohibited, the standards for the use of testimonials by licensees, and the standards for the retention of advertisements by licensees. The Board is proposing to amend N.J.A.C. 13:34-6.1, Definitions, to include Internet in the definition of electronic media.

Subchapter 7, Client Records; Confidentiality, sets forth comprehensive standards for the preparation and maintenance of client records and addresses the requirement of confidentiality of all communications with a client or clients and the circumstances in which the privilege shall be subject to a waiver. This subchapter delineates standards for preparation and maintenance of client records, procedures for the use of personal or other computers to prepare client records, and confidentiality requirements of the client- therapist relationship. The Board is proposing to amend N.J.A.C. 13:34-7.2 to delete an obsolete date. The Board also proposes to repeal N.J.A.C. 13:34-7.3 and propose a new rule to further delineate a licensee's obligation concerning the maintenance of client confidentiality and those instances when client information may be disclosed. The proposed repeal and new rule establish that a licensee shall preserve the confidentiality of information obtained from a client in the course of performing marriage and family therapy services for the client, except in the circumstances designated in the rule. Such circumstances include when disclosure is required by Federal or State law or regulation; disclosure is required by the Board or the Office of the Attorney General during the course of an investigation; disclosure is required by a court of competent jurisdiction pursuant to an order; the licensee has information which indicates that the client presents a clear and present danger to the health or safety of an individual; the licensee is a party defendant to a civil, criminal or disciplinary action arising from the marriage and family therapy services provided, in which case disclosure shall be limited to that action; and the client agrees, in writing, to waive the privilege accorded by the section. In circumstances where more than one person in a family is receiving marriage and family therapy services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or state law persons under the age of 18 years of age must agree to the waiver. Absent a waiver of each family member, a licensee shall not disclose any information received from any family member. The new rule also sets forth that a licensee must establish and maintain a procedure to protect the client record from access by unauthorized persons. In addition, the amendments establish that a licensee must establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and must establish reasonable procedures to assure the preservation of client records.

Subchapter 8, Continuing Education, establishes the continuing education requirements a licensee must satisfy in order to renew licensure every two years.

Subchapter 9 is reserved.

N.J.A.C. 13:34-10 through 19 contain the rules for professional and associate counselors.

Subchapter 10, Professional Counselors and Associate Counselors: Purpose and Scope; Definitions; Scope of Practice, establishes the purpose and scope of professional and associate counselors and defines terms used in N.J.A.C. 13:34-10 through 19. The Board is proposing to amend the definition of counseling at N.J.A.C. 13:34-10.2 to delete the reference to prevention but to continue to include clinical assessment and evaluation using currently accepted diagnostic classifications as explained and defined in current DSM-IV, 4th ed., c1994, and future editions of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders, which is the leading tool used by mental health care professionals in the country. It is a diagnostic guide for assessing patients and clients. The Board is proposing this amendment since licensed professional counselors technically can not prevent mental, emotional, behavioral and associated distresses which interfere with mental health development, but rather they can assess and evaluate.

Subchapter 11, Professional Counselors and Associate Counselors: Application Procedure and Educational Requirements, establishes the application procedure and the educational requirements for those applying for licensure as a professional or associate counselor. In its attempt to organize its rules, the Board is proposing to begin Subchapter 11, which sets forth the application procedures for both professional and associate counselors, with a definitions section. Most of the definitions have been moved to N.J.A.C. 13:34-11.1 from N.J.A.C. 13:34-13.1. However, the Board is also proposing new definitions and amendments to already existing definitions. The definition of "one calendar year" is amended to enable individuals obtaining supervised counseling experience on a part-time basis to satisfy the regulation. The Board is also proposing a new definition, "professional counseling services," to mean the application of mental health and human development principles in order to facilitate human development and adjustment throughout the lifespan; clinically assess and evaluate mental, emotional, and associated distresses which interfere with mental health and development; conduct assessments and evaluations for the purpose of establishing goals and objectives; and plans, implement, and evaluate counseling interventions. In addition, instead of having a separate section at N.J.A.C. 13:34-13.4, which establishes who may be a supervisor, the Board is proposing to define "qualified supervisor" as a licensed professional counselor, a licensed psychologist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed physician practicing in the field of psychiatry or any other supervisor acceptable to the Committee. Therefore, the Board is proposing to repeal N.J.A.C. 13:34-13.4 since the information contained in that section is being proposed as a definition. As part of its organizational process, the Board is amending its rules to keep together all the application procedures for professional counselors. Thus, the information from N.J.A.C. 13:34-11.1, Application procedure: professional counselors, has been combined with the provisions from N.J.A.C. 13:34-11.3, Educational requirements: professional counselors, to establish N.J.A.C. 13:34-11.2, which provides the application and educational requirements for professional counselors. N.J.A.C. 13:34- 11.2(a) establishes that an applicant for licensure as a professional counselor shall submit a completed application form to the Committee which contains information concerning the applicant's educational and experiential background; the application fee; an official transcript clearly indicating that the applicant has satisfied the educational requirements which include a graduate degree in counseling from a planned educational program at a regionally accredited institution of higher education. The Board is proposing that N.J.A.C. 13:34-11.3 set forth the supervised professional counseling experience requirements that an applicant must fulfill for licensure as a professional counselor. These requirements have been moved from N.J.A.C. 13:34-13.1(b). However, the Board is proposing N.J.A.C. 13:34-11.3(b) to consider those applicants who achieve the supervised professional counseling experience requirements on a part time basis. Thus, the Board is proposing that an applicant for licensure may take up to a maximum of six years to satisfy the supervised professional counseling experience. The Board is proposing new rule N.J.A.C. 13:34-11.4, which establishes the examination requirements for an applicant applying for licensure as a professional counselor. This requirement, which provides that an applicant successfully pass the National Counselor Examination administered by the NBCC or its successor, was previously cited at N.J.A.C. 13:34-11.1(a)5. Proposed new rule N.J.A.C. 13:34-11.5 sets out in detail the application procedures for licensure as an associate counselor. The requirements contained in the proposed new rule are currently found at N.J.A.C. 13:34-11.2(a)1. The Board is, however, proposing to delete the requirement at N.J.A.C. 13:34-11.2(a)2, which establishes that an applicant for licensure as an associate counselor submit to the Board a plan for supervision pursuant to the requirements of N.J.A.C. 13:34-13.2. The Board is proposing this deletion to reflect the Board's new process. Proposed new rule N.J.A.C. 13:34-11.6 contains the examination requirements for an applicant for licensure as an associate counselor. This requirement is unchanged and has been relocated from N.J.A.C. 13:34-11.2(a)1.

The Board is proposing to repeal and reserve Subchapter 12, Professional Counselors: Licensure Until February 12, 1999, since the provisions are no longer applicable or necessary.

Subchapter 13, Professional Counselors and Associate Counselors: Supervision, requires supervised experience for licensure, establishes the responsibilities of the supervisor and the supervisee, and sets forth who is a permissible supervisor. The Board is proposing to delete N.J.A.C. 13:34-13.1(a) since the definitions have been moved to N.J.A.C. 13:34-11.1. N.J.A.C. 13:34- 13.1(b) is also being proposed to be deleted since this information has been moved to N.J.A.C. 13:34-11.3(a). The Board is proposing to recodify N.J.A.C. 13:34-13.2 as 13.1 which establishes the responsibilities of a supervisor. In addition, the Board is proposing to delete N.J.A.C. 13:34- 13.2(a) and (b) because the requirements do not accurately reflect the Board's process for supervisory relationships. Thus, the Board is proposing to recodify N.J.A.C. 13:34-13.2(c) through (h) as N.J.A.C. 13:34-13.1(a) through (f).

The Board is also proposing to recodify N.J.A.C. 13:34-13.3, Responsibilities of supervisee, as N.J.A.C. 13:34-13.2.

The Board is proposing to repeal N.J.A.C. 13:34-13.4, Permissible supervisor, since this information has been moved to the proposed definition section under qualified supervisor at N.J.A.C. 13:34-11.1.

The Board is proposing new rule N.J.A.C. 13:34-13.3, which provides guidelines for supervised professional counseling experience. More specifically, N.J.A.C. 13:34-13.3(a) establishes the supervised professional counseling experience guidelines for pre-application. For instance, N.J.A.C. 13:34-13.3(a) sets forth that an applicant may be granted up to one calendar year of supervised professional counseling experience credit towards fulfillment of the supervised professional counseling experience requirements for licensure as a professional counselor if the supervised experience hours occurred before the granting of the master's degree as part of college or university graduate courses which are practicums or internships, provided the courses labeled practicums or internships are not also used to satisfy the educational requirements. N.J.A.C. 13:34-13.3(b) sets forth that an applicant may be granted supervised professional counseling experience credit towards the fulfillment of experience requirements for licensure as a professional counselor if the supervised experience occurred after the granting of the master's degree, in a professional counseling setting which is considered exempt as set forth in N.J.S.A. 45:8B-48(b) or 45:8B-48(f), and the experience was supervised by a qualified supervisor as defined in N.J.A.C. 13:34-11.1. N.J.A.C. 13:34-13.3(c) sets forth that an applicant may be granted credit towards the fulfillment of the supervised professional counseling experience requirement for license as a professional counselor if the experience hours occur as part of a planned post-master's degree program in counseling in an accredited college or university designed to meet the requirements for licensure as a professional counselor. Pursuant to new rule, N.J.A.C. 13:34-13.3(d), an applicant may purchase the services of a qualified supervisor if the supervision occurs in a professional counseling setting and the supervisor fulfills the activities and responsibilities of a supervisor as set forth in N.J.A.C. 13:34-13.1.

Subchapter 14, Professional Counselor Specialty Designations, establishes the requirements a licensed professional counselor must satisfy before he or she can utilize a professional specialty designation.

Subchapter 15, Continuing Education, establishes the continuing education requirements a professional counselor must satisfy every two years for licensure renewal.

Subchapter 16 is reserved.

Subchapter 17, Fees, provides the fees assessed with the licensure of professional counselors and associate counselors. The Board is proposing to amend N.J.A.C. 13:34-17.1(a)8 and 9 to change the word "verification" to "certification" to accurately reflect that the Board does not charge a fee for the verification of licensure or specialty designation, but rather the Board charges a fee for certifying licensure or specialty designation.

Subchapter 18, Professional Counselors and Associate Counselors: Client Records; Confidentiality, addresses the preparation and maintenance of client records, the use of computers to prepare client records, access to client records by an authorized representative and a managed health care plan and the maintaining of confidentiality of those client records. The Board proposes to repeal the existing rule on client confidentiality (N.J.A.C. 13:34-18.5) and proposes a new rule which further delineates a licensee's obligation concerning the maintenance of client confidentiality and those circumstances when client information may be disclosed. The proposed new rule establishes that a licensee shall preserve the confidentiality of information obtained from a client in the course of performing professional counseling services for the client, except in the circumstances designated in the rule. Such circumstances include when disclosure is required by Federal or State law or regulation; disclosure is required by the Board or the Office of the Attorney General during the course of an investigation; disclosure is required by a court of competent jurisdiction pursuant to an order; the licensee has information which indicates that the client presents a clear and present danger to the health or safety of an individual; the licensee is a party defendant to a civil, criminal or disciplinary action arising from the professional counseling services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; and the client agrees, in writing, to waive the privilege accorded by this section. In circumstances where more than one person in a family is receiving professional counseling services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or State law persons under the age of 18 years must agree to the waiver. Absent a waiver of each family member, a licensee shall not disclose any information received from any family member. The new rule also sets forth that a licensee must establish and maintain a procedure to protect the client record from access by unauthorized persons. In addition under the new rule, a licensee must establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and must establish reasonable procedures to assure the preservation of client records.

Subchapter 19, Professional Counselors and Associate Counselors: General Obligations of a Licensee, requires that licensees prominently display a notice of authorized practice and the availability of fee information, requires the licensee to notify the Committee of changes of address, and prohibits sexual contact with clients. The Board is proposing a new rule, N.J.A.C. 13:34- 19.4, to require a licensee whose name has been legally changed to notify the Board by certified mail, no later than 30 days following the change of name. In addition, the new rule delineates the proper documentation the licensee must submit to the Board. The Board is also proposing new rules N.J.A.C. 13:34- 19.5 and 19.6, which provide for licensure renewal, inactive or active status and reinstatement. N.J.A.C. 13:34-19.5(a) through (c) establish the process for license renewal. The Committee sends a notice of renewal to its licensees every two years. Upon renewal, licensees must submit a renewal application and pay a renewal fee prior to the date of expiration of the license. N.J.A.C. 13:34-19.5(d) sets forth that any individual who continues to practice with an expired license more than 30 days following its expiration date shall be deemed to be engaged in the unlicensed practice of counseling. N.J.A.C. 13:34-19.5(e) sets forth that a renewal applicant has the option of either an active or inactive renewal and that if the applicant elects to renew as inactive, he or she can not engage in professional counseling within New Jersey. N.J.A.C. 13:34-19.5(f) provides that if an applicant selects the inactive renewal option and wants to return to active status, he or she must present satisfactory proof that he or she has maintained proficiency by completing the continuing education hours required for renewal of an active license.

N.J.A.C. 13:34-19.6 provides that the Board may reinstate the license of an applicant whose license has been suspended for failure to renew provided that the applicant otherwise qualifies for licensure. N.J.A.C. 13:34-20 through 28 provide the rules for rehabilitation counselors.

Subchapter 20, Rehabilitation Counselors: Purpose and Scope; Definitions; Scope of Practice, delineates the purpose and scope of the rules, defines words and terms used in Subchapters 20 through 28, and sets forth specifically the scope of practice for a licensed rehabilitation counselor.

Subchapter 21, Rehabilitation Counselors: Application Procedure and Educational Requirements, establishes the application procedure and the educational requirements for those applying for licensure as a rehabilitation counselor. In its attempt to organize its rules, the Board is proposing to begin Subchapter 21, which sets forth the application procedure for rehabilitation counselors, with a definitions section. Most of the definitions have been recodified to N.J.A.C. 13:34-21.1 from 23.1. However, the Board is also proposing new definitions and amendments to existing definitions. The definition of "one calendar year" is being proposed to be amended to enable individuals obtaining supervised counseling experience on a part-time basis to satisfy the regulation. In addition, instead of having a separate section at N.J.A.C. 13:34-23.4, which establishes who may be a supervisor, the Board is proposing to define "qualified supervisor" as a licensed rehabilitation counselor, a licensed physician practicing in the field of rehabilitation medicine, or any other supervisor acceptable to the Committee. Therefore, the Board is proposing to repeal N.J.A.C. 13:34-23.4 since the information is being proposed as a definition. As part of this reorganization, the Board is amending its rules to keep the application process for rehabilitation counselors the same as the application process for professional counselors. Thus, the information from N.J.A.C. 13:34-21.1, Application procedure: rehabilitation counselor, has been combined with the information from N.J.A.C. 13:34-21.2, Educational requirements, to establish N.J.A.C. 13:34-21.2 which provides the application and educational requirements for rehabilitation counselors. N.J.A.C. 13:34-21.2(a) establishes that an applicant for licensure as a rehabilitation counselor shall submit a completed application form to the Committee. The application must contain information concerning the applicant's educational and experiential background; the application fee; an official transcript clearly indicating that the applicant has satisfied the educational requirements. The educational requirements shall include a planned educational program in rehabilitation counseling, which includes a master's degree in rehabilitation counseling from a regionally accredited institution of higher education and which includes coursework in introduction to rehabilitation counseling; counseling theories and techniques; personality theories; psychosocial aspects of disability; medical aspects of disability; evaluation and assessment; vocational aspects of disability; rehabilitation case management; research methods; and practicum or internships. In addition, the application also requires that the applicant submit a supervisor's certification indicating that the applicant has met the supervision requirements set forth at N.J.A.C. 13:34-23. The Board is proposing new rule N.J.A.C. 13:34-21.3 which establishes the supervised rehabilitation counseling experience requirements for an applicant applying for licensure as a rehabilitation counselor. These requirements are relocated from N.J.A.C. 13:34-23.1(b). The Board is proposing N.J.A.C. 13:34-21.3(b) to consider those applicants who achieve the requirements on a part time basis. Thus, the Board is proposing that an applicant for licensure may take up to a maximum of six years to satisfy the supervised rehabilitation counseling experience. The Board is also proposing new rule, N.J.A.C. 13:34-21.4, which establishes the examination requirements for an applicant applying for licensure as a rehabilitation counselor. This requirement provides that an applicant successfully pass the Certified Rehabilitation Counselor Examination administered by the Commission on Rehabilitation Counselor Certification (CRCC), or its successor. This requirement was previously cited at N.J.A.C. 13:34-21.1(a)5.

The Board is proposing to repeal and reserve Subchapter 22, Rehabilitation Counselors: Licensure Until February 12, 1999, since the provisions are no longer applicable or necessary.

Subchapter 23, Rehabilitation Counselors: Supervision, requires supervised experience for licensure, establishes the responsibilities of the supervisor and the supervisee, and sets forth who is a permissible supervisor. The Board is proposing to delete N.J.A.C. 13:34-23.1(a) since the definitions have been moved to N.J.A.C. 13:34-21.1. N.J.A.C. 13:34-23.1(b) is being proposed to be deleted since this information has been moved to N.J.A.C. 13:34-21.3(a). The Board is proposing to recodify N.J.A.C. 13:34-23.2 as N.J.A.C. 13:34-23.1 which establishes the responsibilities of a supervisor. In addition, the Board is proposing to delete N.J.A.C. 13:34-23.2(a) and (b) because the requirements do not accurately reflect the Board's process for supervisory relationships. Thus, the Board is proposing to recodify N.J.A.C. 13:34-23.2(c) through (h) as N.J.A.C. 13:34-23.1(a) through (f).

The Board is also proposing to recodify N.J.A.C. 13:34-23.3, Responsibilities of supervisee, as N.J.A.C. 13:34-23.2.

The Board is proposing to repeal N.J.A.C. 13:34-23.4, Permissible supervisor, since this information has been moved to the proposed definition section under permissible supervisor at N.J.A.C. 13:34-21.1.

The Board is proposing new rule N.J.A.C. 13:34-23.3, which provides guidelines for supervised rehabilitation counseling experience. More specifically, N.J.A.C. 13:34-23.3(a) establishes the supervised rehabilitation counseling experience guidelines for pre-application. For instance, N.J.A.C. 13:34-23.3(a) sets forth that an applicant may be granted up to one calendar year of supervised rehabilitation counseling experience credit towards fulfillment of the supervised rehabilitation counseling experience requirements for licensure as a rehabilitation counselor if the supervised experience hours occurred before the granting of the master's degree as part of college or university graduate courses which are practicums or internships, provided the courses labeled practicums or internships are not also used to satisfy the educational requirements. N.J.A.C. 13:34-23.3(b) sets forth that an applicant may be granted supervised rehabilitation counseling experience credit towards the fulfillment of experience requirements for licensure as a rehabilitation counselor if the supervised experience occurred after the granting of the master's degree, in a rehabilitation counseling setting which is considered exempt as set forth in N.J.S.A. 45:8B-48b or 45:8B-48f, and the experience was supervised by a permissible supervisor as defined in N.J.A.C. 13:34-21.1. N.J.A.C. 13:34-23.3(c) sets forth that an applicant may be granted credit towards the fulfillment of the supervised rehabilitation counseling experience requirement for license as a rehabilitation counselor if the experience hours occur as part of a planned post-master's degree program in counseling in an accredited college or university designed to meet the requirements for licensure as a rehabilitation counselor. Pursuant to new N.J.A.C. 13:34-23.3(d), an applicant may purchase the services of a permissible supervisor if the supervision occurs in a rehabilitation counseling setting and the supervisor fulfills the activities and responsibilities of a supervisor as set forth in N.J.A.C. 13:34-23.1. Subchapter 24, Continuing Education, delineates the continuing education requirements a rehabilitation counselor must satisfy before being eligible for licensure renewal.

Subchapter 25 is reserved.

Subchapter 26, Fees, provides the fees assessed with the licensure of rehabilitation counselors. The Board is proposing to amend N.J.A.C. 13:34- 26.1(a)8 to change the word "verification" to "certification" to accurately reflect that the Board does not charge a fee for the verification of licensure, but rather the Board charges a fee for certifying licensure. Subchapter 27, Rehabilitation Counselors: Client Records; Confidentiality, addresses the preparation and maintenance of client records, the use of computers to prepare client records, access to client records by an authorized representative and a managed health care plan and the maintaining of confidentiality (N.J.A.C. 13:34-27.5) of those client records. The Board proposes to repeal the existing rule on client confidentiality and proposes a new rule which further elaborate a licensee's obligation concerning the maintenance of client confidentiality and those instances when client information may be disclosed. The proposed new rule establishes that a licensee shall preserve the confidentiality of information obtained from a client in the course of performing rehabilitation counseling services for the client, except in the circumstances designated in the rule. Such circumstances include when disclosure is required by Federal or State law or regulation; disclosure is required by the Board or the Office of the Attorney General during the course of an investigation; disclosure is required by a court of competent jurisdiction pursuant to an order; the licensee has information which indicates that the client presents a clear and present danger to the health or safety of an individual; the licensee is a party defendant to a civil, criminal or disciplinary action arising from the rehabilitation counseling services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; and the client agrees, in writing, to waive the privilege accorded by this section. In circumstances where more than one person in a family is receiving rehabilitation counseling services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or State law persons under the age of 18 years shall agree to the waiver. Absent a waiver of each family member, a licensee shall not disclose any information received from any family member. The new rule also sets forth that a licensee must establish and maintain a procedure to protect the client record from access by unauthorized persons. In addition under the new rule, a licensee must establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and must establish reasonable procedures to assure the preservation of client records.

Subchapter 28, Rehabilitation Counselors: General Obligations of a Licensee, requires that licensees prominently display a notice of authorized practice and the availability of fee information, and requires the licensee to notify the Committee of changes of address, and prohibits sexual contact with clients. The Board is proposing a new rule, N.J.A.C. 13:34-28.4, to require a licensee whose name has been legally changed to notify the Board by certified mail, no later than 30 days following the change of name. In addition, the new rule delineates the proper documentation the licensee must submit to the Board. The Board is also proposing a new rule which set forth the process for renewal, inactive or active status and reinstatement. N.J.A.C. 13:34-28.5(a) through (c) establishes the process for licensure renewal. The Committee sends a notice of renewal to its licensees every two years. Upon renewal, licensees must submit a renewal application and pay a renewal fee prior to the date of expiration of the license. N.J.A.C. 13:34-28.5(d) sets forth that any individual who continues to practice with an expired license more than 30 days following its expiration date shall be deemed to be engaged in the unlicensed practice of counseling. N.J.A.C. 13:34-28.5(e) sets forth that a renewal applicant has the option of either an active or inactive renewal and that if the applicant elects to renew as inactive, he or she can not engage in rehabilitation counseling within New Jersey. N.J.A.C. 13:34-28.5(f) provides that if an applicant selects the inactive renewal option and wants to return to active status, he or she must present satisfactory proof that he or she has maintained proficiency by completing the continuing education hours required for renewal of an active license.

Proposed new rule N.J.A.C. 13:34-28.6 provides that the Board may reinstate the license of an applicant whose license has been suspended for failure to renew provided that the applicant otherwise qualifies for licensure. The Board is proposing new subchapters, Subchapters 29 and 30, to apply to professional, associate and rehabilitation counselors. Proposed new Subchapter 29, Advertising, establishes advertising standards for professional, associate and rehabilitation counselors. The Board is proposing N.J.A.C. 13:34-29.1 to define key terms concerning advertising. Proposed new rule N.J.A.C. 13:34- 29.2 sets forth the general requirements for professional advertising. N.J.A.C. 13:34-29.3 establishes the minimum content requirements in advertisements for counselors, such as the licensee's name, license number, licensure status, street address and telephone number of the practice location. N.J.A.C. 13:34-29.4 delineates standards for a licensee's use of professional credentials and certifications in an advertisement. N.J.A.C. 13:34-29.5 establishes the prohibited types or methods of advertising. Proposed N.J.A.C. 13:34-29.6 sets forth standards for the retention of advertisements by licensees.

Subchapter 30, Professional Counselors, Associate Counselors and Rehabilitation Counselors: Business Practices; Professional Conduct, is a new subchapter which addresses financial arrangements with clients, clients served by others, multiple clients, conflicts of interest; dual relationships, termination of service, and prohibition on solicitation and unethical referrals.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The rules proposed for readoption and proposed amendments will continue to have a positive social impact upon the public because the Board believes that the existing rules, which have been in effect for the past five years, have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of marriage and family therapy and counseling. In addition, the existing rules contribute to the high level of professionalism maintained by the regulated community to the benefit of the public, thus increasing the public trust and confidence in the professions. Thus, the readoption of N.J.A.C. 13:34 is essential for the Board to continue to regulate the practice, maintain acceptable standards of care and identify those individuals who are qualified to render marriage and family therapy and counseling care.

These rules also have a positive social impact upon the regulated community because these rules, along with the proposed amendments and new rules, establish the requisite standards of licensure in the State. These rules positively affect the regulated community by clarifying the varied aspects of practice for the benefit of all licensees and applicants for licensure. The readoption of these rules, along with the proposed amendments and new rules, continue to ensure that every licensee and applicant is aware of the procedures involved with licensure and continues to provide the accepted standards of marriage and family therapy and counseling practice. By delineating the accepted standards of marriage and family therapy and counseling practice, licensees and candidates for licensure are provided with a clear and comprehensive set of rules to guide them in their professional practice. Licensees will benefit with the assurance that uniform standards will be applied in the profession.

The overall impact of the readoption of these rules and proposed amendments on the public is expected to be beneficial because the rules enhance consumer information and protection in areas such as billing, patient records, confidentiality, business practice and advertising. In addition, the public is further protected by requiring that each licensee comply with general obligations such as completing continuing education requirements, displaying notice that he or she is licensed by the Board, prohibiting a licensee from referring a client to a health care service in which the licensee has a financial interest, prohibiting the abandonment or neglect of a patient under the care of a licensee, and prohibiting sexual relationships between licensees and patients. The rules also require that fees are reasonable and commensurate with the experience of the licensee.

As a result, these rules are essential for the Board to continue to identify those individuals who are qualified to render marriage and family therapy and counseling services, to establish high standards of care for the professions, and to ensure that every licensee is aware of and clearly understands the procedures and professional responsibilities thus resulting in a positive impact upon the health, safety and welfare of each person who receives professional services.

Economic Impact

The rules proposed for readoption and proposed amendments will not impose any new or additional significant costs upon licensees. The readoption of the existing rules and the proposed amendments will continue the economic impact that these rules have had on licensees for the past five years. The Board has determined that the current fee schedules are sufficient to comport with N.J.S.A. 45:1-3.2 which requires professional Boards to collect revenues necessary to fund operations. Readoption of the chapter, with proposed amendments, will enable the Board to continue to execute its functions without generating a surplus.

Subchapter 1 does not economically affect licensees since the rules simply outline the general provisions of marriage and family therapists.

Subchapter 2, Professional Misconduct, will have an economic impact on those licensees who engage in professional misconduct while practicing marriage and family therapy because these licensees may be subject to monetary penalties.

Subchapter 3, Unlicensed Persons-Permissible Activities, will not have an economic impact upon licensees.

Subchapter 4, Applicant Qualifications; Board-Approved Examination, will not impose an economic impact upon licensees.

Subchapter 5, General Obligations of a Licensee, will impose an economic impact upon licensees. More specifically, N.J.A.C. 13:34-5.1 regarding financial arrangements with clients will continue to produce a positive impact upon the consuming public since the rule requires a licensee to charge reasonable fees for services rendered. This rule continues to assure the public of quality services at appropriate fee levels. In addition, N.J.A.C. 13:34- 5.4 will continue to impose an economic impact upon any licensee who fails to adhere to the standards concerning appropriate behavior since the violations may be considered malpractice or professional misconduct for which the Board can impose a penalty. N.J.A.C. 13:34-5.6, which prohibits unethical solicitations by licensees, may continue to have an economic impact upon some licensees. A licensee who works for an agency may not solicit its clients in certain circumstances. Thus, a licensee who would have engaged in such solicitation may lose monetary opportunities due to these restrictions. In addition, N.J.A.C. 13:34-5.7, which prohibits charging excessive fees for services, will have an economic impact upon licensees who are currently charging fees which are considered to be excessive. Although the rules established in Subchapter 5 may continue to impose a negative economic impact upon licensees, the positive effect upon the health, welfare, and safety of the public greatly outweighs any economic impact upon a licensee.

Subchapter 6, Advertising, has no discernible economic impact. Any economic impact these rules impose upon licensees is minimal. This minimal economic impact upon licensees is greatly outweighed by the benefit to the public in being informed of the names and locations of actively licensed marriage and family therapists, being able to verify the licensee's credentials, knowing the fees charged prior to rendering of services, protecting clients from misinformation and undue influence in advertising, protecting clients and the public from false advertisements and misleading and untruthful facts which may unduly influence a potential client and preserving potential evidence in situations where legal action is pursued due to harm allegedly based upon such disseminated material during and after services are rendered.

Subchapter 7, Client Records; Confidentiality, will not impose any additional economic effect on licensees. Subchapter 7 will have a continued economic impact upon licensees by requiring them to continue to prepare and maintain patient records.

Subchapter 8, Continuing Education, will continue to have an economic impact upon marriage and family therapy licensees; however, the overwhelming benefit of continuing competency to both the licensee and the general public weighs strongly in favor of the continuing education rules. The cost to each licensee will vary depending on the course, program or professional activity he or she selects.

The rules proposed for readoption and proposed amendments concerning Subchapters 10 through 28 will continue to impact applicants for licensure as either a professional counselor or a rehabilitation counselor. The fee schedules in Subchapters 17 and 26 will enable the Committee and the Board to generate sufficient funds to continue the following tasks: evaluation of applications for licensure; investigation of complaints; initiation and prosecution of disciplinary actions; and addressing issues relevant to the practice of professional counseling and rehabilitation counseling. A direct economic impact is imposed on licensees who will be required to pay the application and initial licensing fee. The fee schedule also includes late fees and reinstatement fees as well as other miscellaneous charges to cover Board administrative expenses. The Board proposes to readopt the minimum level fees necessary to discharge its obligations.

Applicants for licensure will continue to incur the costs to meet the minimum course requirements set forth in Subchapters 11 and 21. In addition, applicants will continue to incur the expense of documentation of these requirements-- obtaining and filing with the Committee official transcripts, proof of successful completion of the required examination and supervisor's certifications or affidavits in lieu thereof.

Subchapters 15 and 24, Continuing Education, will continue to have an economic impact upon professional counselors and rehabilitation counselors; however, the overwhelming benefit of continuing competency to both the licensee and the general public weighs strongly in favor of the continuing education rules. The cost to each licensee will vary depending upon the course, program or professional activity he or she selects.

Maintenance of client records and confidentiality in Subchapters 18 and 27 and the general obligation requirements in Subchapters 19 and 28 will continue to have an economic impact on licensees. Expenses will continue to be incurred with the requirement that licensees establish and maintain detailed records about every client for seven years from the date of last entry. In addition, if a licensee maintains client records solely on a computer, the computer must have a write-protected program installed. Licensees who do not have the write- protected program, will continue to incur the cost to have the program installed. The public will continue to incur the minimal expense pursuant to N.J.A.C. 13:34-18.3 and 27.3 in that a licensee may charge a client a reasonable fee for the preparation and reproduction of the client's record when the client requests a copy of his or her record. The expense will be incurred only when a client seeks a copy of his or her records from the professional or rehabilitation counselor.

Pursuant to Subchapters 19 and 28, licensees will continue to incur a minimal expense in having to conspicuously post two notices in their place of business. Both notices relay important information to the public, the benefit of which greatly outweighs the minimal costs associated with posting of the notices by licensees. In addition, licensees will face an economic impact, such as a monetary penalty, if they violate any of the prohibitions or directives set forth at N.J.A.C. 13:34-19.3 and 28.3, Sexual misconduct. However, the importance of having a sexual misconduct regulation is greatly outweighed by any cost incurred by a licensee.

Proposed N.J.A.C. 13:34-29.1 has no discernible economic impact; the Board is proposing this new rule to define the terms "advertisement," "electronic media," "print media," "professional, associate and rehabilitation counseling" and "range of fees." In addition, proposed N.J.A.C. 13:34-29.2 which delineates the general requirements for advertising by licensees will have no economic effect. Proposed N.J.A.C. 13:34-29.3 concerning minimum content in advertising by licensees will have a minimal economic impact. A licensee will incur the expense of advertising in accordance with the proposed new rule. This minimal economic impact upon a licensee is greatly outweighed by the benefit to the consuming public of being informed of the names and locations of actively licensed professional, associate and rehabilitation counselors. Proposed N.J.A.C. 13:34-29.4 which sets forth standards for the use of professional credentials and certifications by licensees will have a minimal economic impact upon licensees. Licensees will incur the expense of including in an advertisement which contains a certification, the full name of the institute or agency conferring the certification or the recognized name or abbreviation of the certification. This cost to licensees is greatly outweighed by the benefit to the public in being able to verify the licensees' credentials. Proposed N.J.A.C. 13:34-29.5, which prohibits certain types or methods of advertising will have a minimal economic impact upon licensees who utilize such techniques in advertising. To the extent that these licensees will experience an indeterminable economic impact for compliance with the proposed new rule, this is greatly outweighed by the benefit to the public in protecting prospective clients from misinformation and undue influence in advertising. Proposed N.J.A.C. 13:34-29.6, which sets forth the requirements for retention of advertisements by a licensee, will have an economic impact. Each licensee will incur the cost of retaining advertisements. However, this cost to a licensee is minimal and is greatly outweighed by the benefit to the consuming public in preserving potential evidence in situations where legal action is pursued due to harm allegedly based upon such disseminated material during and after services are rendered.

Proposed N.J.A.C. 13:34-30.1 regarding financial arrangements with clients will produce a positive impact upon the consuming public. The proposed new rule requires a licensee to charge reasonable fees for services rendered. This assures the public of quality services at appropriate fee levels. To the extent that some licensees will reduce fees to a level which is reasonable and commensurate with their status and experience, proposed N.J.A.C. 13:34-30.1 may have some economic impact. In addition, a licensee may incur a minimal cost in maintaining and providing to a client a written list of current fees for standard services. However, this impact upon the licensee is greatly outweighed by the benefit of the proposed new rule upon the public. Proposed N.J.A.C. 13:34-30.2, 30.3, 30.4 and 30.5 will have no economic impact upon any party. Proposed N.J.A.C. 13:34-30.6 which prohibits unethical solicitations by licensees may have an economic impact upon some licensees. A licensee who works for an agency may not solicit its clients in certain circumstances. Thus, a licensee who would have engaged in such solicitation may lose monetary opportunities due to these restrictions. To the extent that the proposed new rule furthers the health, welfare, and safety of the public by preventing impropriety in the profession, this benefit greatly outweighs any adverse impact upon a licensee associated with the proposed standards. The Board believes that any economic impact that may be experienced by licensees is significantly outweighed by the necessary consumer protection measures established by these requirements. The Board further believes that any monetary cost imposed upon licensees by the readoption of these rules will be negligible in comparison to the heightened professional services expected to be rendered by compliance with these rules.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption and amendments are consistent with State statutes governing the professional practice of marriage and family therapy, professional and rehabilitation counseling and there are no applicable Federal standards.

Jobs Impact

Readoption of the rules and proposed amendments will enable the Board to continue to evaluate the credentials of applicants for licensure to practice marriage and family therapy and to practice professional and rehabilitation counseling. The rules proposed for readoption, with proposed amendments, also will provide the Board with the standards to limit licensure to only qualified practitioners who abide by the established standards. Since the readoption of the rules will ensure the public's confidence in the counseling profession, the need for qualified licensees will continue. The Board anticipates that the chapter proposed for readoption will not affect the number of candidates applying for licensure or the number of licensees authorized to practice marriage and family therapy and professional and rehabilitation counseling, thereby not resulting either in the generation or loss of jobs in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), requires the Board to provide a description of the types and an estimate of the number of small businesses to which the rules proposed for readoption with amendments will apply. If, for purposes of the Act, the approximately 800 licensed marriage and family therapists, the approximately 2,725 licensed professional counselors and the approximately 230 licensed rehabilitation counselors are considered "small businesses" as that term is used in the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements including the kind of professional services likely to be needed to comply with the requirements of this chapter. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed rules with an indication of the varying impact on small businesses of different types and sizes and to outline the manner in which it has designed the rules to minimize any adverse economic impact upon businesses.

The Board has designed the rules proposed for readoption to minimize adverse economic impact upon licensed individuals by calculating licensure fees which are necessary to defray its expenses pursuant to N.J.S.A. 45:1-3.2. In addition, the rules proposed for readoption minimize economic impact by imposing minimum level criteria for licensure. The rules proposed for readoption ensure that proficient individuals become licensed. In addition, they serve the best interests of the public by maintaining a high level of public trust and confidence in the profession. Because the rules proposed for readoption and proposed amendments benefit the citizens of this State, they will apply uniformly to all members of the regulated community.

The rules which the Board proposes for readoption and proposed amendments will continue to impose reporting, recordkeeping, and compliance requirements upon licensees. The rules proposed for readoption and proposed amendments will continue to impose the following compliance requirements on licensees. All licensees are required to display in their offices their licensure status. In addition, they will continue to be required to pay requisite fees to obtain as well as maintain their licensure designation. N.J.A.C. 13:34-1.8 will continue to place reporting requirements on small businesses as the term is defined by the Act. Each licensee is required to notify the Board of any change in address and of the licensee's receipt of notification of disciplinary action taken against the licensee in another jurisdiction. There are no additional compliance requirements associated with the rule, nor does it impose any recordkeeping or reporting requirements upon the licensee. No professional services are necessary to comply with this rule.

Proposed new rule N.J.A.C. 13:34-1.9, Notification of change of name, imposes compliance and reporting requirements upon licensees whose name has been legally changed. A licensee is required to notify the Board of the name change no later than 30 days following the change of name. In addition, a licensee must immediately remit the original license to the Board upon receipt of the new license. There are no further compliance or reporting requirements associated with the proposed new rule. In addition, there are no recordkeeping requirements or professional services necessary to comply with the proposed new rule.

Proposed new rule N.J.A.C. 13:34-1.10, which sets forth license renewal and active/inactive status, imposes reporting and compliance requirements upon licensees. N.J.A.C. 13:34-1.10 requires any licensee seeking renewal to submit a renewal application and pay a renewal fee. If a licensee does not renew his or her license within 30 days of its expiration date, then the licensee must also pay a late fee. Any licensee not renewed within 30 days of its expiration date shall be suspended without a hearing. Pursuant to N.J.A.C. 13:34-1.10(e) and (f), any licensee who selects the inactive renewal must remain on inactive status for the entire renewal period unless, upon application to the Board, the Board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours required for the renewal of an active license. In addition, proposed new rule N.J.A.C. 13:34-1.11 imposes compliance requirements upon licensed marriage and family therapists whose license has been suspended for failure to renew. Such individuals will only be reinstated if they otherwise qualify for licensure.

Additionally, all licensees will continue to adhere to the appropriate standards of behavior. With the rules proposed for readoption all unlicensed persons will have to comply with the permissible activities delineated in the rules to practice without licensure and to earn the requisite supervised experience. Finally, licensees who supervise or employ unlicensed persons will have to comport with the requirements established in the rules proposed for readoption.

Licensure as a marriage and family therapist imposes recordkeeping and compliance requirements upon applicants. These include completing an application for licensure, paying the application and examination fees, and successfully completing a licensure examination. In addition, applicants for licensure will continue to be required to meet the experiential and educational prerequisites for licensure including the following: have documented and successfully completed a minimum of five years of full-time counseling and therapy experience or its equivalent; have successfully completed a minimum of a master's degree in marriage and family therapy or in a related field; and have completed specified courses of study in designated areas of course work.

N.J.A.C. 13:34-5.1 concerning financial arrangements with clients imposes compliance requirements upon each licensee. Pursuant to the rule, a licensee is required to charge reasonable fees for services. When an appropriate fee schedule cannot be arranged, the licensee must refer the client to other sources for needed services. In addition, a licensee is required to assist a client to understand financial arrangements before engaging in a clinical relationship. With respect to recordkeeping, N.J.A.C. 13:34-5.1 requires that a licensee maintain and provide to a client a written list of current fees for standard services. A licensee may incur a minimal cost in maintaining and providing to a client a written list of current fees for standard services. In addition, a licensee is prohibited from charging excessive fees. However, this minimal economic impact upon a licensee is greatly outweighed by the benefit to the public of informing any potential consumer of marriage and family therapy services of standard fees for services, and the various financial arrangements available to pay for these services.

N.J.A.C. 13:34-5.2 concerning conflicts of interest imposes compliance requirements upon all licensees. The rule requires a licensee to avoid situations with clients that would limit his or her objectivity and impair professional judgment in rendering services.

N.J.A.C. 13:34-5.3 concerning termination of services imposes compliance requirements upon each marriage and family therapist licensed by the Board. The rule requires the licensee to provide continuous services to the client until the client's needs are adequately met and to provide for the referrals or transfers in cases when the licensee anticipates termination of services.

N.J.A.C. 13:34-5.4 concerning sexual misconduct imposes compliance requirements upon each marriage and family therapist licensed by the Board. To comply with this rule, licensees must avoid sexual relationships with current clients and clients to whom they have rendered services within the preceding 24 months and avoid intimate sexual discussions or activities which serve the licensees' prurient interests, sexual arousal or gratification of the licensees or clients, or constitutes sexual abuse of the clients. N.J.A.C. 13:34-5.4 may have an economic impact on those licensees who fail to comply because they may be subject to penalty. N.J.A.C. 13:34-5.4 is designed to minimize adverse impact upon licensees by imposing only a 24-month limitation on the prohibition against treating former sexual partners.

N.J.A.C. 13:34-5.5 imposes compliance requirements upon every licensee. A licensee must report any unprofessional conduct of another licensee if that conduct could cause potential harm to a client. In addition, if such knowledge is obtained during the course of treatment, the licensee is required to report the violations with the client's consent.

N.J.A.C. 13:34-5.6 concerning prohibition on unethical solicitations imposes compliance requirements upon licensees. Licensees must abide by the prohibitions on solicitation, unethical referrals and kickbacks established in the rule. N.J.A.C. 13:34-5.6 may have an economic impact on those licensees who would have engaged in the types of solicitation prohibited by this rule. However, the rule is designed to minimize adverse economic impact upon a licensee by allowing the licensee who works for an agency to offer clients all possible options, including receipt of services in the licensee's private practice, upon termination of the client's care with the agency by the agency or the client. In addition, the rule permits a licensee to divide fees for professional services if the licensee is engaged in a bona fide partnership, professional service corporation, or employment relationship.

N.J.A.C. 13:34-5.7 which prohibits a licensee from charging excessive fees for services, imposes compliance requirements. The rule sets forth standards for a licensee to follow in establishing fees. The rule may impose a cost upon those licensees who must adjust their fees downward to comply with the standards. N.J.A.C. 13:34-5.7 minimizes adverse economic impact by only prohibiting the imposition of excessive fees for services rendered. Reasonable fees can be charged to a client. Any adverse economic impact upon a licensee is greatly outweighed by the benefit associated with the rule in safeguarding the public from monetary exploitation for services it may require.

N.J.A.C. 13:34-6.2 imposes compliance requirements for advertising by licensees. The rule requires licensees to advertise in a truthful manner and prohibits the misrepresentation, omission, or suppression of material facts in advertisements.

N.J.A.C. 13:34-6.3 imposes minimum content compliance requirements for advertisements. N.J.A.C. 13:34-6.3 minimizes economic impact upon licensees by imposing only that level of minimum content in advertising to provide the public with identifying information concerning a licensee.

N.J.A.C. 13:34-6.4 imposes compliance requirements upon licensees who use professional credentials and certifications in advertisements and representations. The rule requires licensees to accurately represent their professional certifications and credentials. N.J.A.C. 13:34-6.4 minimizes adverse economic impact upon licensees by setting forth minimum level identifying requirements for advertisements which include professional credentials and certifications.

N.J.A.C. 13:34-6.5 imposes compliance requirements upon licensees by requiring specific disclosures regarding advertisements of fees. Pursuant to the rule, licensees are required to include all relevant and material variables and considerations which are ordinarily in advertised services so that the fee will be clearly understood by prospective clients. N.J.A.C. 13:34-6.5 minimizes adverse economic impact upon licensees by setting forth minimum level disclosure requirements for advertisements of fees.

N.J.A.C. 13:34-6.6 imposes compliance requirements upon licensees. The rule prohibits certain types or methods of advertising by licensees. The rule minimizes adverse economic impact by imposing minimal compliance requirements upon licensees in advertising for services, which are designed to contribute to the high level of professionalism maintained by the regulated community.

N.J.A.C. 13:34-6.7 imposes compliance requirements upon licensees. The rule sets forth guidelines for the use of expert or layperson testimonials in advertisements by licensees. The rule may have a minimal economic impact upon a licensee. Licensees may incur the expense of obtaining a signed, notarized statement and release indicating the testimonial giver's consent to have his or her testimonial used in the advertisement. However, the Board has designed the rule to minimize adverse economic impact on licensees by imposing a minimal requirement on those licensees who choose to use the testimonial as an advertising tool. Because the rule benefits the public by protecting potential clients from false advertising, it will apply uniformly to all licensees.

N.J.A.C. 13:34-6.8 imposes compliance and recordkeeping requirements upon licensees regarding the retention of advertisements. The rule requires licensees to retain advertisements and documentation concerning testimonials for a period of three years. The rule will have a minimal economic impact upon licensees for retention of the advertisements. However, this de minimis expense is greatly outweighed by the benefit to the public in preserving evidence for potential causes of action which could result from reliance upon the advertisement or testimonial. The rule minimizes economic impact upon licensees by imposing only a three-year document retention requirement on licensees which is not overly burdensome.

N.J.A.C. 13:34-7.1 imposes recordkeeping and compliance requirements upon licensees. The rule delineates standards for the preparation and maintenance of client records which may impose additional costs on licensees. The rule is designed to minimize adverse economic impact upon licensees by implementing a minimum standard policy for maintenance of records. Moreover, the benefit to the consuming public in maintaining accurate records to facilitate proper care outweighs any burden upon the regulated community. N.J.A.C. 13:34-7.2 sets forth standards for the maintenance of computerized records for clients. The rule imposes recordkeeping and compliance requirements upon licensees. Such licensees must obtain a write-protected program which meets the specifications in the rule when preparing client records. This may impose an economic impact upon licensees who use computerized systems. In addition, any expense incurred by a licensee in complying with the rule is greatly outweighed by the benefit of protecting the public against fraud due to record alteration. Because this rule furthers the health, welfare, and safety of the public, it will apply uniformly to each licensee.

N.J.A.C. 13:34-7.3 imposes compliance requirements upon licensees. The rule sets forth standards for preserving the confidentiality between clients and licensees. The rule facilitates the administration of effective care and treatment for clients.

Subchapter 8, Continuing Education, imposes minimal reporting requirements on marriage and family therapists. A marriage and family therapist seeking renewal confirms on the renewal application form that he or she has complied with the Board's continuing education requirements. A marriage and family therapist seeking waiver of the Board's continuing education requirements must submit a request to the Board specifying the reasons for the waiver request, together with any documentation required by the Board. Likewise, the continuing education rules impose minimal recordkeeping requirements on marriage and family therapists and course, program or seminar sponsors. A marriage and family therapist is required to retain a record of all continuing education activity completed for six years following license renewal and to provide this documentation to the Board upon request. Documentation may include certificate of attendance or a statement from the course or program instructor. The verification shall include the name of the marriage and family therapist, the name of the sponsor, the title, location and date of the course or program, the signature of a program official and the number of continuing education hours. In addition, a marriage and family therapist shall verify continuing education activities by retaining a copy of the published article for publications; copies of the program, syllabus, outlines and bibliographies for course, program or workshop presentations; copies of the syllabus, bibliography, course outlines and verification from the academic institution that the course was new for teaching. For distance learning, a marriage and family therapist must retain a certificate of successful completion from the endorsing professional organization. A licensee shall verify completion of graduate coursework by an official transcript.

The proposed rules for readoption concerning professional counselors, associate counselors, and rehabilitation counselors will continue to impose compliance requirements upon applicants to document their educational, experiential and examination requirements in the application for licensure. These individuals must continue to submit transcripts from educational institutions, certification or an affidavit indicating that the applicants have met the supervision requirements and proof of successful completion of the National Counseling Examination or the Certified Rehabilitation Counselor Examination. Compliance costs will continue to be minimal. Associate counselors seeking licensure as professional counselors must ensure that they are supervised in accordance with the requirements set forth in Subchapter 13, which include maintaining documentation for the Committee of the supervised experience on an annual basis until the person is licensed as a professional counselor. Supervisors, prior to engaging in a supervisory relationship must obtain Committee approval. They must submit to the Committee proof of qualification to act as a supervisor, a written statement detailing the planned hours of supervised time, planned hours of practice required for the candidate to qualify for licensure and the nature of the work assignments planned. The supervisor must also obtain a written disclosure, signed by the client, acknowledging that the client has been informed that services are to be rendered by a supervisee under the supervision of an appropriate supervisor. Licensees will continue to be required to post two notices in the waiting room or some other conspicuous area of their place of business pursuant to Subchapters 19 and 28. One notice gives the address where a consumer can lodge a complaint against a professional counselor or a rehabilitation counselor, and the second notice is required to provide that fee information is available upon the request of the client. The costs associated with the posting of these two notices are expected to be minimal.

The proposed amendments and new rules continue to impose compliance requirements upon those individuals licensed as professional counselors or associate counselors. N.J.A.C. 13:34-11.2, 11.3 and 11.4 impose compliance requirements upon applicants applying for licensure as professional counselors since these rules establish the application procedure for such individuals. Each applicant must comply with the established requirements before becoming licensed as a licensed professional counselor. N.J.A.C. 13:34-11.5 and 11.6 impose compliance requirements upon applicants applying for licensure as an associate counselor. These rules establish the application procedure for those individuals applying for licensure as an associate counselor. Each applicant must comply with the established requirements before becoming licensed as an associate counselor. N.J.A.C. 13:34-13.1 imposes compliance requirements upon supervisors since the rule sets forth the responsibilities for supervisors. More specifically, N.J.A.C. 13:34-13.1(a) establishes that the supervisor must obtain a written disclosure, which must be signed by the client and retained as part of the client record, acknowledging that the client has been informed that services are to be rendered by an associate counselor under the supervision of a professional counselor or a qualified supervisor. N.J.A.C. 13:34-13.1(b) establishes that a supervisor must retain full professional responsibility for collecting fees from clients. N.J.A.C. 13:34-13.1(c) establishes that a supervisor must be ultimately responsible for the welfare of the client with respect to the treatment being rendered by the supervisee. Pursuant to N.J.A.C. 13:34-13.1(d), the supervisor must ensure that the supervisee maintains, on an annual basis until the supervisee is licensed as a professional counselor, documentation of supervised experience. N.J.A.C. 13:34-13.1(e) establishes that a supervisor must supervise only in areas for which he or she possesses the requisite skills, training and experience. Additionally, N.J.A.C. 13:34-13.1(f) establishes that a supervisor must not supervise an individual with whom the supervisor has a relationship that may compromise the objectivity of the supervisor or impair the professional judgment of the supervisor.

N.J.A.C. 13:34-13.2 continues to impose the same compliance requirements upon supervisees, since the Board has not amended these responsibilities. Subchapter 15, Continuing Education, imposes minimal reporting requirements on licensed professional counselors. A licensed professional counselor seeking renewal confirms on the renewal application form that he or she has complied with the Committee's continuing education requirements. A licensed professional counselor seeking waiver of the Committee's continuing education requirements submits a request to the Committee specifying the reasons for the waiver request, together with any documentation required by the Committee. Likewise, the continuing education rules impose minimal recordkeeping requirements on licensed professional counselors and course, program, or seminar sponsors. A licensed professional counselor is required to retain a record of all continuing education activity completed for five years following license renewal and to provide this documentation to the Committee upon request. Documentation may include certificate of attendance or a statement from the course or program instructor. The verification shall include the name of the licensed professional counselor, the name of the sponsor, the title, location and date of the course or program, the signature of a program official and the number of continuing education hours. In addition, a licensed professional counselor shall verify continuing education activities by retaining a copy of the published article for publications; copies of the program, syllabus, outlines and bibliographies for course or program presentations; copies of the syllabus, bibliography, course outlines and verification from the academic institution that the course was new for teaching. A licensed professional counselor shall verify completion of graduate coursework by an official transcript.

The proposed new rules at Subchapter 18 impose compliance requirements upon licensees since the proposed new rules will require that licensees preserve the confidentiality of information obtained from a client in the course of performing professional and rehabilitation counseling services except in certain circumstances where the information may be disclosed. In addition, the new rules further impose compliance requirements since it requires licensees to establish and maintain a procedure to protect the client record from access from unauthorized persons. Licensees must also establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and must establish reasonable procedures to assure the preservation of such client records. Thus, the proposed new rules may impose costs upon licensees in order to comply with its provisions, but ultimately, any costs which the rules may impose on licensees are strongly outweighed by the positive impact the rules will have upon the public interest.

Proposed new rule N.J.A.C. 13:34-19.4, Notification of change of name, imposes compliance and reporting requirements upon licensed professional counselors whose name has been legally changed. A licensed professional counselor is required to notify the Board of the name change no later than 30 days following the change of name. In addition, a licensee must immediately remit the original license to the Board upon receipt of the new license. There are no further compliance or reporting requirements associated with the proposed new rule. In addition, there are no recordkeeping requirements or professional services necessary to comply with the proposed new rule. Proposed new rule N.J.A.C. 13:34-19.5, which sets forth license renewal and active/inactive status, imposes reporting and compliance requirements upon licensed professional counselors. N.J.A.C. 13:34-19.5 requires any licensee seeking renewal to submit a renewal application and pay a renewal fee. If a licensed professional counselor does not renew his or her license within 30 days of its expiration date, then the licensee must also pay a late fee. Any licensed professional counselor not renewed within 30 days of its expiration date shall be suspended without a hearing. Pursuant to N.J.A.C. 13:34- 19.5(e) and (f), any licensed professional counselor who selects the inactive renewal must remain on inactive status for the entire renewal period unless, upon application to the Board, the Board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours required for the renewal of an active license. In addition, proposed new rule N.J.A.C. 13:34-19.6 imposes compliance requirements upon licensed professional counselors whose license has been suspended for failure to renew. Such individuals will only be reinstated if they otherwise qualify for licensure.

Additionally, all licensees will continue to adhere to the appropriate standards of behavior. With the rules proposed for readoption, all unlicensed persons will have to comply with the permissible activities delineated in the rules to practice without licensure and to earn the requisite supervised experience. Finally, licensees who supervise or employ unlicensed persons will have to comport with the requirements established in the rules proposed for readoption.

The proposed amendments and new rules continue to impose compliance requirements upon those individuals licensed as rehabilitation counselors. N.J.A.C. 13:34-21.2, 21.3 and 21.4 impose compliance requirements upon applicants applying for licensure as rehabilitation counselors since these rules establish the application procedure for such individuals. Each applicant must comply with the established requirements before becoming licensed as a licensed rehabilitation counselor.

N.J.A.C. 13:34-23.1 imposes compliance requirements upon supervisors since the rule sets forth the responsibilities for supervisors. More specifically, N.J.A.C. 13:34-23.1(a) establishes that the supervisor must obtain a written disclosure which must be signed by the client and retained as part of the client record, acknowledging that the client has been informed that services are to be rendered by a supervisee under the supervision of a rehabilitation counselor or a physician practicing rehabilitation medicine. N.J.A.C. 13:34- 23.1(b) establishes that a supervisor must retain full professional responsibility for collecting fees from clients. N.J.A.C. 13:34-23.1(c) establishes that a supervisor must be ultimately responsible for the welfare of the client with respect to the treatment being rendered by the supervisee. Pursuant to N.J.A.C. 13:34-23.1(d), the supervisor must ensure that the supervisee maintains, on an annual basis until the supervisee is licensed as a professional counselor, documentation of supervised experience. N.J.A.C. 13:34-23.1(e) establishes that a supervisor must supervise only in areas for which he or she possesses the requisite skills, training and experience. Additionally, N.J.A.C. 13:34-23.1(f) establishes that a supervisor must not supervise an individual with whom the supervisor has a relationship that may compromise the objectivity of the supervisor or impair the professional judgment of the supervisor.

N.J.A.C. 13:34-23.2 continues to impose the same compliance requirements upon supervisees, since the Board has not amended these responsibilities. Subchapter 24, Continuing Education, imposes minimal reporting requirements on rehabilitation counselors. A rehabilitation counselor seeking renewal confirms on the renewal application form that he or she has complied with the Committee's continuing education requirements. A rehabilitation counselor seeking waiver of the Committee's continuing education requirements submits a request to the Committee specifying the reasons for the waiver request, together with any documentation required by the Committee. Likewise, the continuing education rules impose minimal recordkeeping requirements on rehabilitation counselors and course, program, or seminar sponsors. A rehabilitation counselor is required to retain a record of all continuing education activity completed for five years following license renewal and to provide this documentation to the Committee upon request. Documentation may include certificate of attendance or a statement from the course or program instructor. The verification shall include the name of the rehabilitation counselor, the name of the sponsor, the title, location and date of the course or program, the signature of a program official and the number of continuing education hours. In addition, a rehabilitation counselor shall verify continuing education activities by retaining a copy of the published article for publications; copies of the program, syllabus, outlines and bibliographies for course or program presentations; copies of the syllabus, bibliography, course outlines and verification from the academic institution that the course was new for teaching. A rehabilitation counselor shall verify completion of graduate coursework by an official transcript.

Proposed new rule N.J.A.C. 13:34-28.4, Notification of change of name, imposes compliance and reporting requirements upon rehabilitation counselor whose name has been legally changed. A rehabilitation counselor is required to notify the Board of the name change no later than 30 days following the change of name. In addition, a rehabilitation counselor must immediately remit the original license to the Board upon receipt of the new license. There are no further compliance or reporting requirements associated with the proposed new rule. In addition, there are no recordkeeping requirements or professional services necessary to comply with the proposed new rule.

Proposed new rule N.J.A.C. 13:34-28.5, which sets forth license renewal and active/inactive status, imposes reporting and compliance requirements upon rehabilitation counselors. N.J.A.C. 13:34-28.5 requires any rehabilitation counselor seeking renewal to submit a renewal application and pay a renewal fee. If a rehabilitation counselor does not renew his or her license within 30 days of its expiration date, then the licensee must also pay a late fee. Any rehabilitation counselor not renewed within 30 days of its expiration date shall be suspended without a hearing. Pursuant to N.J.A.C. 13:34-28.5(e) and (f), any rehabilitation counselor who selects the inactive renewal must remain on inactive status for the entire renewal period unless, upon application to the Board, the Board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours required for the renewal of an active license. In addition, proposed new rule N.J.A.C. 13:34-28.6 imposes compliance requirements upon licensed rehabilitation counselors whose license has been suspended for failure to renew. Such individuals will only be reinstated if they otherwise qualify for licensure.

The Board is proposing new Subchapter 29 which addresses advertising for professional counselors, associate counselors and rehabilitation counselors. Proposed new rule N.J.A.C. 13:34-29.1, which merely defines terms, does not impose additional reporting, recordkeeping, or other compliance requirements on small businesses as defined by the Act. Proposed N.J.A.C. 13:34-29.2 imposes compliance requirements for advertising by licensees. The rule requires licensees to advertise in a truthful manner and prohibits the misrepresentation, omission, or suppression of material facts in advertisements. There are no other compliance requirements associated with this rule and no professional services are needed for compliance. This rule is merely prohibiting false advertising, thus it will not impose any costs upon licensees. Because the proposed new rule benefits the public, it will apply uniformly to each professional, rehabilitation and associate counselor licensed by the Board.

Proposed N.J.A.C. 13:34-29.3 imposes minimum content compliance requirements for advertisements. There are no other compliance requirements associated with the proposed new rule and no professional services are necessary to comply. Proposed N.J.A.C. 13:34-29.3 minimizes economic impact upon licensees by imposing only that level of minimum content in advertising to provide the public with identifying information concerning a licensee. Because this rule furthers the health, welfare, and safety of the public, it will apply uniformly to each professional, rehabilitation and associate counselor.

Proposed N.J.A.C. 13:34-29.4 imposes compliance requirements upon licensees who use professional credentials and certifications in advertisements and representations. The proposed new rule requires licensees to accurately represent their professional certifications and credentials. No other compliance requirements are imposed and no professional services are necessary to comply with the proposed new rule. Proposed N.J.A.C. 13:34-29.4 minimizes adverse economic impact upon licensees by setting forth minimum level identifying requirements for advertisements which include professional credentials and certifications. Because the proposed new rule furthers the health, welfare, and safety of the public, it will apply to each professional, rehabilitation and marriage and family therapist licensed by the Board.

Proposed N.J.A.C. 13:34-29.5 imposes compliance requirements upon licensees. The proposed new rule prohibits certain types or methods of advertising by licensees. The proposed new rule minimizes adverse economic impact by imposing minimal compliance requirements upon licensees in advertising for services, which are designed to contribute to the high level of professionalism maintained by the regulated community. The rule does not impose any other compliance requirements and no professional services are necessary to comply. Because the proposed new rule furthers the health, welfare, and safety of the public by protecting prospective clients from misinformation and undue influence in advertising, it will apply uniformly to every licensee.

Proposed N.J.A.C. 13:34-29.6 imposes compliance and recordkeeping requirements upon licensees regarding the retention of advertisements. The rule requires licensees to retain advertisements and documentation concerning testimonials for a period of three years. There are no other compliance or recordkeeping requirements associated with the proposed new rule and no professional services are necessary to comply. The proposed new rule will have a minimal economic impact upon licensees for retention of the advertisements. However, this de minimis expense is greatly outweighed by the benefit to the public in preserving evidence for potential causes of action which could result from reliance upon the advertisement. The proposed new rule minimizes economic impact upon licensees by imposing only a three year document retention requirement on licensees which is not overly burdensome. Because the proposed new rule furthers the health, welfare, and safety of the public, it will apply uniformly to each professional, associate and rehabilitation counselor licensed by the Board.

The Board is also proposing new Subchapter 30, which concerns business practices and professional conduct for professional, associate and rehabilitation counselors. Proposed new rule N.J.A.C. 13:34-30.1, which prohibits a licensee from charging excessive fees for services, imposes compliance requirements. The proposed new rule sets forth standards for a licensee to follow in establishing fees. No other compliance requirements are associated with the proposed new rule and no professional services are necessary to comply. The proposed new rule may impose a cost upon those licensees who must adjust their fees downward to comply with the standards; however, N.J.A.C. 13:34-30.1 minimizes adverse economic impact by only prohibiting the imposition of excessive fees for services rendered. Reasonable fees can be charged to a client. Any adverse economic impact upon a licensee is greatly outweighed by the benefit associated with the proposed new rule in safeguarding the public from monetary exploitation for services it may require. Because the proposed new rule furthers the health, welfare and safety of the public, it will apply uniformly to each professional, associate and rehabilitation counselor licensed by the Board.

Proposed new rule N.J.A.C. 13:34-30.2 imposes compliance requirements upon licensees when a client is receiving counseling services from another mental health professional. The licensee is required to inform the professional person already involved and develop clear agreements to avoid confusion and conflict for the client. No other compliance requirements are imposed and no reporting, recordkeeping or professional services are associated with this rule. Because the proposed new rule furthers the health, welfare and safety of the public, it will apply uniformly to each professional, associate and rehabilitation counselor licensed by the Board.

Proposed new rule N.J.A.C. 13:34-30.3 imposes compliance requirements upon licensees to clarify at the outset which person or persons are clients and the nature of the relationships he or she will have with each person involved when a licensee is counseling multiple clients. In addition, proposed new rule N.J.A.C. 13:34-30.3 also imposes compliance requirements upon licensees when it becomes apparent that the licensee may be called upon to perform conflicting roles, the licensee must withdraw from the roles appropriately. The rule does not impose any other compliance requirements and no professional services are necessary to comply. Because the proposed new rule furthers the health, welfare, and safety of the public by protecting clients from counseling conflicts, it will apply uniformly to every licensee.

Proposed new rule N.J.A.C. 13:34-30.4 imposes compliance requirements upon licensees to avoid situations that would be considered conflicts of interest and dual relationships. A licensee is prohibited from providing counseling services or entering into any relationship that would be expected to limit the counselor's objectivity and impair professional judgment or increase the risk of exploitation. A professional, associate or rehabilitation counselor who has identified a conflict of interest must notify the parties involved and must take action to eliminate the conflict. No other compliance requirements, recordkeeping or reporting requirements are associated with this rule. This rule will be uniformly applied to each professional, associate and rehabilitation counselor.

Proposed new rule N.J.A.C. 13:34-30.5 which addresses termination of services imposes compliance requirements upon licensees. Pursuant to the new rule, a licensee must terminate services when the services are no longer required or no longer meet the client's needs or interests. A licensee must not abandon nor neglect a client in need of professional services without making reasonable arrangements for the continuation of such care or offering to help the client find alternative sources of assistance. In addition, a licensee who anticipates termination or interruption of services to a client must notify the client promptly and seek the transfer, referral or continuation of service in relation to the client's needs and preferences. No reporting, recordkeeping or other compliance requirements are imposed.

Lastly, proposed new rule N.J.A.C. 13:34-30.6 imposes compliance requirements upon licensees since the proposed new rule prohibits solicitation and unethical referrals and kickbacks. A licensee who provides services to an agency must not solicit, for his or her private practice, the agency's clients for the same services the agency provides. In addition, the proposed new rule prohibits a licensee from referring a client to a service in which the counselor or his or her immediate family has a financial interest. A licensee is also prohibited from prescribing goods or devices which the counselor sells or leases to the client unless the counselor advises the client of ownership or other interest in the goods or devices. A licensee must 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. In addition, a licensee is not permitted to divide fees for professional services unless the counselor is engaged in a bona fide partnership or professional service corporation or employment relationship. Pursuant to this new rule, no other compliance requirements are imposed upon the regulated community. There are no recordkeeping or reporting requirements imposed upon the regulated community either. Because proposed N.J.A.C. 13:34-30.6 furthers the health, welfare, and safety of the public, it will apply uniformly to each professional, associate and rehabilitation counselor licensed by the Board.

The Board does not anticipate further recordkeeping, reporting, or compliance requirements associated with the rules proposed for readoption, and no professional services are necessary for the regulated community to comply. The Board has designed the proposed amendments and new rules to further the health, welfare and safety of all persons who receive counseling services; thus, the Board believes that the provisions must be applied uniformly to every practitioner in order to assure uniformity in the provision of counseling services and no differing compliance standards based upon size have been provided.

Smart Growth Impact

The Board does not believe that the rules proposed for readoption and proposed amendments will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposed repeals may be found in the New Jersey Administrative Code at N.J.A.C. 13:34-1.2, 7.3, 11.1, 11.2, 11.3, 12, 13.1, 13.4, 18.5, 21, 22, 23.1 and 23.4.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:34.

Full text of the proposed amendments follows:

SUBCHAPTER 1. GENERAL PROVISIONS

<< NJ ADC 13:34-1.1 >>

13:34-1.1 License fees and charges

(a) There shall be paid to the State Board of Marriage and Family Therapy Examiners the following fees:

1.-3. (No change.)

4. Certification of licensure .... $25.00

5.-11. (No change.)

<< NJ ADC 13:34-1.2 >>

13:34-1.2 <<-Examination review procedure->> <<+(Reserved)+>>

<<-An unsuccessful candidate may apply to the Board for a review of his or her examination papers. Such application must be submitted to the Board secretary in writing within three months following notification of examination results, and the secretary shall subsequently arrange a mutually convenient date for the candidate to review his or her examination papers and grades in the Board office with an examiner.->>

<< NJ ADC 13:34-1.9 >>

<<+13:34-1.9 Notification of change of name+>>

<<+(a) A licensee whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name the following:+>>

<<+1. Legal evidence of such change; and+>>

<<+2. A copy of the licensee's original license with proof, such as a copy of a passport or a social security card, that he or she is the same person to whom the Board issued the license.+>>

<<+(b) Upon receipt of the items set forth in (a) above, the Board shall issue to the licensee a new license.+>>

<<+(c) Upon receipt of the new license as set forth in (b) above, the licensee shall immediately remit the original license to the Board.+>>

<< NJ ADC 13:34-1.10 >>

<<+13:34-1.10 License renewal; active/inactive status+>>

<<+(a) Licenses shall be renewed biennially upon a form provided by the Board. Each applicant shall attest that the continuing education requirements have been completed during the prior 24-month renewal period.+>>

<<+(b) The Board shall send a notice of renewal to each of its licensees at least 60 days prior to the expiration of the license. 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) Every holder of a license issued or renewed by the Board, who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date of expiration of the license. If the holder does not renew the license prior to its expiration date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and paying a renewal fee and a late fee. Any license not renewed within 30 days of its expiration date shall be suspended without a hearing.+>>

<<+(d) Any individual who continues to practice with an expired license after 30 days following its expiration date shall be deemed to be engaged in the unlicensed practice of marriage and family therapy, even if no notice of suspension has been provided to the individual.+>>

<<+(e) Renewal applications for all licenses shall provide the applicant with the option of either active or inactive renewal. A renewal applicant electing to renew as inactive shall not engage in marriage and family therapy within the State.+>>

<<+(f) An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the Board, the Board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours required for the renewal of an active license. Applicants shall complete the number of continuing education hours required for each renewal period he or she was in inactive status.+>>

<< NJ ADC 13:34-1.11 >>

<<+13:34-1.11 Reinstatement+>>

<<+Pursuant to the Uniform Enforcement Act, N.J.S.A. 45:1-1 et seq., the Board may reinstate the license of an applicant whose license has been suspended for failure to renew provided that the applicant otherwise qualifies for licensure.+>>

SUBCHAPTER 2. PROFESSIONAL MISCONDUCT

<< NJ ADC 13:34-2.1 >>

13:34-2.1 Misconduct defined

(a) Professional or occupational misconduct in the practice of marriage and family therapy by persons licensed by the State Board of Marriage and Family Therapy Examiners shall include, but not be limited to, the following:

1.-3. (No change.)

4. Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensed <<-or license eligible professional->> <<+marriage and family therapist+>>.

5. Failing to make available to a client, <<+the client's guardian or authorized representative,+>> or, upon a client's request<<-, to another licensed health practitioner consistent with that practitioner's authorized scope of practice,->> copies of reports or test records relating to the client which are in the possession or under the control of the licensee, or failing to complete forms or reports required for the reimbursement of a client by a third party.

i. (No change.)

ii. A practitioner may<<-, however,->> withhold information from a client if he or she believes release of such information would adversely affect the client's mental or psychological health.

iii. (No change.)

6.-9. (No change.)

10. Failing to notify the Board of Marriage and Family Therapy Examiners in writing of any change of address <<+or name+>> from that currently registered with the Board and shown on the most recently issued license.

i. Such notice shall be given not later than 30 days following the change of address <<+or name+>>.

<< NJ ADC 13:34-2.2 >>

13:34-2.2 Professional interactions with clients

(a) (No change.)

<<+(b) A licensee shall obtain written informed consent from clients before videotaping, audio recording, or permitting third-party observation of professional interactions with clients.+>>

Recodify existing (b)-(d) as <<+(c)-(e)+>> (No change in text.)

SUBCHAPTER 6. ADVERTISING

<< NJ ADC 13:34-6.1 >>

13:34-6.1 Definitions

For purposes of this subchapter, the following terms shall have indicated meanings unless the context clearly indicates otherwise:

...

"Electronic media" includes<<-,->> radio, television, telephone, <<+ Internet,+>> and other electronic means of communication.

...

SUBCHAPTER 7. CLIENT RECORDS; CONFIDENTIALITY

<< NJ ADC 13:34-7.2 >>

13:34-7.2 Use of personal or other computer to prepare client records

(a)-(c) (No change.)

(d) A licensee wishing to continue a system of computerized client records that does not meet the requirements of this section shall promptly initiate arrangements for modification of the system. <<-The modification must be completed by no later than November 16, 1999.->> In the interim, the following will apply:

1.-2. (No change.)

(e) (No change.)

<< NJ ADC 13:34-7.3 >>

<<+13:34-7.3 Confidentiality+>>

<<+(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing marriage and family therapy services for the client, except in the following circumstances:+>>

<<+1. Disclosure is required by Federal or State law or regulation;+>>

<<+2. Disclosure is required by the Board or the Office of the Attorney General during the course of an investigation;+>>

<<+3. Disclosure is required by a court of competent jurisdiction pursuant to an order;+>>

<<+4. The licensee has information that the client presents a clear and present danger to the health or safety of self and/or others;+>>

<<+5. The licensee is a party defendant to a civil, criminal or disciplinary action arising from the marriage and family therapy services provided, in which case disclosure shall be limited to that action; or+>>

<<+6. The patient or client agrees, in writing, to waive the privilege accorded by this section. In circumstances when more than one person in a family is receiving marriage and family therapy services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or State law, persons under the age of 18 years of age must agree to the waiver. Absent a waiver by each family member, a licensee shall not disclose any information received from any family member.+>>

<<+(b) A licensee shall establish and maintain procedures to protect client records from access by unauthorized persons.+>>

<<+(c) A licensee shall establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and shall establish reasonable procedures to assure the preservation of client records.+>>

SUBCHAPTER 10. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: PURPOSE AND SCOPE; DEFINITIONS; SCOPE OF PRACTICE

<< NJ ADC 13:34-10.2 >>

13:34-10.2 Definitions

The following words and terms, as used in N.J.A.C. 13:34-10 through 19, shall have the following meanings, unless the context clearly indicates otherwise.

"Counseling" means the application of mental health and human development principles in order to:

1. (No change.)

2. Clinically assess<<-,->> <<+and+>> evaluate <<-and prevent->><<+, using currently accepted diagnostic classifications including, but not limited to, the DSM-IV, 4th ed., c1994, and future editions of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, incorporated by reference as amended and supplemented, (obtainable from the American Psychiatric Publishing, Inc., 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209-3901),+>> mental, emotional, behavioral and associated distresses which interfere with mental health and development;

3.-4. (No change.)

...

SUBCHAPTER 11. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: APPLICATION PROCEDURE <<-AND EDUCATIONAL REQUIREMENTS->><<+; DEFINITIONS+>>

<< NJ ADC 13:34-11.1 >>

<<+13:34-11.1 Definitions+>>

<<+(a) For purposes of this subchapter, the following words and terms shall have the following meanings:+>>

<<+"Group supervision" means the ongoing process of supervising no more than six persons in a group setting by a qualified supervisor.+>>

<<+"One calendar year" means 1,500 hours of supervised counseling experience over a period of 50 weeks, which is considered full-time, or no less than 750 hours of supervised counseling experience over two periods of 50 weeks, which is considered part-time, which means a total of 1,500 hours of supervised experience for the two periods of 50 weeks.+>>

<<+"Professional counseling experience" means the rendering of professional counseling services as defined below or the provision of counselor education by a faculty member in a graduate program of counselor preparation in a regionally accredited institution of higher education.+>>

<<+"Professional counseling services" means the application of mental health and human development principles in order to facilitate human development and adjustment throughout the lifespan; clinically assess and evaluate mental, emotional, and associated distresses which interfere with mental health and development; conduct assessments and evaluations for the purpose of establishing goals and objectives; and plan, implement, and evaluate counseling interventions.+>>

<<+"Qualified supervisor" means a licensed professional counselor, a licensed psychologist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed physician practicing in the field of psychiatry or any other supervisor acceptable to the Committee, who has qualifications similar to these licensed professionals.+>>

<<+"Supervision" or "supervised" means the ongoing process performed by a qualified supervisor who monitors the performance of the supervisee and provides regular, documented, face-to-face consultation, guidance, and instruction with respect to the counseling skills and competencies of the supervisee which includes at least 50 hours of face-to-face supervision per one calendar year, at the rate of one hour per week, of which not more than 10 hours may be group supervision.+>>

<< NJ ADC 13:34-11.2 >>

<<+13:34-11.2 Professional counselor: application and educational requirements+>>

<<+(a) An applicant for licensure as a professional counselor shall submit the following to the Committee:+>>

<<+1. A completed application form, which contains information concerning the applicant's educational and experiential background;+>>

<<+2. The application fee set forth in N.J.A.C. 13:34-17.1;+>>

<<+3. An official transcript(s) clearly indicating that the applicant has satisfied the educational requirements which include a graduate degree in counseling from a planned educational program at a regionally accredited institution of higher education. The degree and official transcript(s) shall clearly indicate the following:+>>

<<+i. That the degree awarded is a master's degree or doctorate degree in counseling or a related area as deemed acceptable by the Committee. Until two years after the effective date of this section, examples of acceptable graduate degrees include, but are not limited to, social work, psychology, counseling, pastoral counseling, rehabilitation counseling, applied family and child development, human development, counselor education, or marriage and family therapy. Beginning the day following the two years after the effective date of this section, an acceptable graduate degree means that the word "Counseling" or the word "Counselor" appears in the title of the graduate degree awarded and that the institution offering the degree states in the catalog or in another format acceptable to the Committee that the purpose of the graduate degree is to prepare students for the professional practice of counseling;+>>

<<+ii. That the applicant, as part of his or her educational preparation which includes a master's degree or doctorate in counseling from a regionally accredited institution of higher education, has completed a minimum of 60 graduate semester hours of which 45 graduate semester hours are distributed in at least eight of the following areas:+>>

<<+(1) Counseling theory and practice, which includes the study of basic theories, principles and techniques of counseling and their application to professional counseling settings;+>>

<<+(2) The helping relationship, which includes studies that provide a broad understanding of philosophic bases of helping processes, basic and advanced helping skills, consultation theories and their applications, client and helper self-understanding and self-development, and facilitation or consultee change;+>>

<<+(3) Human growth and development and maladaptive behavior, which includes studies that provide a broad understanding of the nature and needs of individuals at all developmental levels, normal and abnormal behavior, personality theory, life-span theory, and learning theory within cultural contexts;+>>

<<+(4) Lifestyle and career development, which include studies that provide a broad understanding of career development theories, occupational and educational information sources and systems, career and leisure counseling, guidance and education, lifestyle and career decision-making, career development program planning, resources, and career option identification;+>>

<<+(5) Group dynamics, processes, counseling and consulting, which include studies that provide a broad understanding of group development dynamics, group counseling theories, group leadership styles, basic and advanced group counseling methods and skills, and other group approaches;+>>

<<+(6) Appraisal of individuals, which includes studies that provide a broad understanding of group and individual educational and psychometric theories and approaches to appraisal, data and information gathering methods, validity and reliability, psychometric statistics, factors that influence appraisals, use of appraisal results in helping process and the specific ability to administer and interpret tests and inventories to assess abilities and interests and identify career options;+>>

<<+(7) Social and cultural foundations, which include studies that provide a broad understanding of societal changes and trends, human roles, societal subgroups, social mores and interaction patterns, multicultural and pluralistic trends, differing lifestyles, and major societal concerns including stress, person abuse, substance abuse, discrimination and methods of alleviating these concerns;+>>

<<+(8) Research and evaluation, which include studies that provide a broad understanding of types of research, basic statistics, research-report development, research implementation, program evaluation, needs assessment, publication of research information and ethical and legal considerations; and+>>

<<+(9) The counseling profession, which includes studies that provide a broad understanding of professional roles and functions, professional goals and objectives, professional organizations and associations, professional history and trends, ethical and legal standards, professional preparation standards and professional credentialing.+>>

<< NJ ADC 13:34-11.3 >>

<<+13:34-11.3 Professional counselor: experience requirements+>>

<<+(a) In addition to the requirements listed in N.J.A.C. 13:34-11.2, an applicant for licensure as a professional counselor shall submit to the Committee documentation indicating that the applicant has met the supervised professional counseling experience requirements for licensure as set forth below:+>>

<<+1. Three calendar years of supervised professional counseling experience in a professional counseling setting, only one calendar year of which may be obtained prior to the granting of the master's degree. Hours of supervised professional counseling experience obtained during college or university graduate level practicums or internships may be counted toward satisfying a portion of the supervised counseling experience requirement provided the courses labeled practicums or internships are not also used to satisfy the educational requirements for licensure as set forth in N.J.A.C. 13:34-11.2; or+>>

<<+2. Two calendar years of supervised professional counseling experience in a professional counseling setting, provided that the applicant has earned, subsequent to completing the master's degree, an additional 30 graduate semester hours clearly related to counseling as contained in N.J.A.C. 13:34-11.2(a)3ii(1) through (9). Hours of supervised professional counseling experience obtained during college or university graduate level practicums may be counted toward satisfying a portion of the supervised professional counseling experience requirement provided the courses labeled graduate level practicums or internships are not also used to satisfy the educational requirements for licensure as set forth in N.J.A.C. 13:34-11.2. No more than one calendar year of supervised professional counseling experience may be obtained prior to the granting of the master's degree.+>>

<<+(b) An applicant for licensure may take up to a maximum of six years to satisfy the supervised professional counseling experience requirement within the definitions stated in N.J.A.C. 13:34-11.1. Professional counseling experience submitted to the Committee which occurs before the date of the application may be accepted toward the fulfillment of the experience requirement if the experience meets the criteria stated above including supervision by a qualified supervisor.+>>

<< NJ ADC 13:34-11.4 >>

<<+13:34-11.4 Professional counselor: examination requirements+>>

<<+An applicant for licensure as a professional counselor shall submit to the Committee, in addition to the requirements stated in N.J.A.C. 13:34-11.2 and 11.3, proof that the applicant has successfully passed the National Counselor Examination administered by the National Board for Certified Counselors (NBCC) or its successor.+>>

<< NJ ADC 13:34-11.5 >>

<<+13:34-11.5 Associate counselor: application and educational requirements+>>

<<+(a) An applicant for licensure as an associate counselor shall submit to the Committee:+>>

<<+1. A completed application form which contains information concerning the applicant's educational and experiential background;+>>

<<+2. The application fee set forth in N.J.A.C. 13:34-17.1;+>>

<<+3. An official transcript(s) clearly indicating that the applicant has satisfied the educational requirements which include a graduate degree in counseling from a planned educational program at a regionally accredited institution of higher education. The degree and official transcript(s) shall clearly indicate the following:+>>

<<+i. That the degree awarded is a master's or doctorate degree in counseling or a related area as deemed acceptable by the Committee. Until two years after the effective date of this section, examples of acceptable graduate degrees include but are not limited to social work, psychology, counseling, pastoral counseling, rehabilitation counseling, applied family and child development, human development, counselor education, or marriage and family therapy. Beginning the day following the two years after the effective date of this section, an acceptable graduate degree means that the word "Counseling" or the word "Counselor" appears in the title of the graduate degree submitted and that the institution offering the degree states in the catalog or in another format acceptable to the Committee that the purpose of the graduate degree is to prepare students for the professional practice of counseling.+>>

<<+ii. That the applicant, as part of his or her educational preparation which includes a master's degree or doctorate in counseling from a regionally accredited institution of higher education, has completed a minimum of 60 graduate semester hours of which 45 graduate semester hours are distributed in at least eight of the following areas:+>>

<<+(1) Counseling theory and practice, which includes the study of basic theories, principles and techniques of counseling and their application to professional counseling settings;+>>

<<+(2) The helping relationship, which includes studies that provide a broad understanding of philosophic bases of helping processes, basic and advanced helping skills, consultation theories and their applications, client and helper self-understanding and self-development, and facilitation or consultee change;+>>

<<+(3) Human growth and development and maladaptive behavior, which includes studies that provide a broad understanding of the nature and needs of individuals at all developmental levels, normal and abnormal behavior, personality theory, life-span theory, and learning theory within cultural contexts;+>>

<<+(4) Lifestyle and career development, which include studies that provide a broad understanding of career development theories, occupational and educational information sources and systems, career and leisure counseling, guidance and education, lifestyle and career decision-making, career development program planning, resources, and career option identification;+>>

<<+(5) Group dynamics, processes, counseling and consulting, which include studies that provide a broad understanding of group development dynamics, group counseling theories, group leadership styles, basic and advanced group counseling methods and skills, and other group approaches;+>>

<<+(6) Appraisal of individuals, which includes studies that provide a broad understanding of group and individual educational and psychometric theories and approaches to appraisal, data and information gathering methods, validity and reliability, psychometric statistics, factors that influence appraisals, use of appraisal results in helping process and the specific ability to administer and interpret tests and inventories to assess abilities and interests and identify career options;+>>

<<+(7) Social and cultural foundations, which include studies that provide a broad understanding of societal changes and trends, human roles, societal subgroups, social mores and interaction patterns, multicultural and pl69+uralistic trends, differing lifestyles, and major societal concerns including stress, person abuse, substance abuse, discrimination and methods of alleviating these concerns;+>>

<<+(8) Research and evaluation, which include studies that provide a broad understanding of types of research, basic statistics, research-report development, research implementation, program evaluation, needs assessment, publication of research information and ethical and legal considerations; and+>>

<<+(9) The counseling profession, which includes studies that provide a broad understanding of professional roles and functions, professional goals and objectives, professional organizations and associations, professional history and trends, ethical and legal standards, professional preparation standards and professional credentialing.+>>

<< NJ ADC 13:34-11.6 >>

<<+13:34-11.6 Associate counselor: examination requirements+>>

<<+In addition to the requirements listed in N.J.A.C. 13:34-11.5, an applicant for licensure as an associate counselor shall submit proof to the Board that the applicant has successfully passed the National Counselors Examination administered by the National Board for Certified Counselors (NBCC) or its successor.+>>

<<+SUBCHAPTER 12. (RESERVED)+>> SUBCHAPTER 13. <<-PROFESSIONAL COUNSELORS AND->> ASSOCIATE COUNSELORS: SUPERVISION

<< NJ ADC 13:34-3.2 >>
<< NJ ADC 13:34-13.1 >>

13:34-<<-13.2->><<+13.1 +>>Responsibilities of supervisor

<<-(a) A supervisor shall obtain Committee approval before engaging in a supervisory relationship.->>

<<-(b) A supervisor seeking Committee approval shall submit the following information on forms provided by the Committee:->>

<<-1. Proof of qualification to act as a supervisor pursuant to N.J.A.C. 13:34-13.4; and->>

<<-2. A written statement detailing the planned hours of supervised time, planned hours of practice required for the candidate to qualify for licensure, and the nature of the work assignments planned.->>

<<-(c)->><<+(a) +>>Prior to a supervisee's commencement of client treatment, the supervisor shall obtain a written disclosure, which shall be signed by the client and retained as part of the client record, acknowledging that the client has been informed that services are to be rendered by an associate counselor under the supervision of a professional counselor or a qualified supervisor <<-pursuant to N.J.A.C. 13:34-13.4(a)2->> <<+ as defined in N.J.A.C. 13:34-11.1+>>. If the written disclosure is included as part of another document provided for the client's information, the disclosure shall be set forth in a conspicuous manner so that it shall be easily readable, clearly understood, signed by the client, and retained as part of the client record.

Recodify existing (d)-(g) as <<+(b)-(e) +>>(No change in text.)

<<-(h)->><<+(f) +>>A supervisor shall not supervise an individual with whom the supervisor has a relationship that may compromise the objectivity of the supervisor or impair the professional judgment of the supervisor. Examples of inappropriate supervisory relationships include, but are not limited to, current and former clients, relatives, current students, <<-current and former employees->> or close friends.

<< NJ ADC 13:34-13.3 >>
<< NJ ADC 13:34-13.2 >>

13:34-<<-13.3->><<+13.2+>> (No change in text.)

<<+13:34-13.3 Supervised professional counseling experience acquired prior to application+>>

<<+(a) An applicant may be granted up to one calendar year of supervised professional counseling experience credit towards fulfillment of the supervised professional counseling experience requirements for licensure as a professional counselor if the supervised experience hours occurred before the granting of the master's degree as part of college or university graduate courses which are practicums or internships, provided the courses labeled practicums or internships are not also used to satisfy the educational requirements.+>>

<<+(b) An applicant may be granted supervised professional counseling experience credit towards the fulfillment of experience requirements for licensure as a professional counselor if the supervised experience occurred after the granting of the master's degree, in a professional counseling setting which is considered exempt as set forth in N.J.S.A. 45:8B-48(b) or (f), and the experience was supervised by a qualified supervisor as defined in N.J.A.C. 13:34-11.1.+>>

<<+(c) An applicant may be granted credit towards the fulfillment of the supervised professional counseling experience requirement for licensure as a professional counselor if the experience hours occur as part of a planned post- master's degree program in counseling in an accredited college or university designed to meet the requirements for licensure as a professional counselor.+>>

<<+(d) An applicant may purchase the services of a qualified supervisor if the supervision occurs in a professional counseling setting and the supervisor fulfills the activities and responsibilities of a supervisor as set forth in N.J.A.C. 13:34-13.1.+>>

SUBCHAPTER 17. FEES

<< NJ ADC 13:34-17.1 >>

13:34-17.1 Fees

(a) The State Board of Marriage and Family Therapy Examiners shall charge the following fees in connection with the licensure of professional counselors and associate counselors<<-.->><<+:+>>

1.-7. (No change.)

8. Certification of licensure ................ $40.00
9. Certification of specialty designation .... $40.00

10.-11. (No change.)

SUBCHAPTER 18. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

<< NJ ADC 13:34-18.5 >>

<<+13:34-18.5 Confidentiality+>>

<<+(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing professional counseling services for the client, except in the following circumstances:+>>

<<+1. Disclosure is required by Federal or State law or regulation;+>>

<<+2. Disclosure is required by the Board or the Office of the Attorney General during the course of an investigation;+>>

<<+3. Disclosure is required by a court of competent jurisdiction pursuant to an order;+>>

<<+4. The licensee has information that the client presents a clear and present danger to the health or safety of an individual;+>>

<<+5. The licensee is a party defendant to a civil, criminal or disciplinary action arising from the professional counseling services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; or+>>

<<+6. The client agrees, in writing, to waive the privilege accorded by this section. In circumstances where more than one person in a family is receiving professional counseling services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or State law persons under the age of 18 years of age must agree to the waiver. Absent a waiver of each family member, a licensee shall not disclose any information received from any family member.+>>

<<+(b) A licensee shall establish and maintain procedures to protect client records from access by unauthorized persons.+>>

<<+(c) A licensee shall establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and shall establish reasonable procedures to assure the preservation of client records.+>>

SUBCHAPTER 19. PROFESSIONAL COUNSELORS AND ASSOCIATE COUNSELORS: GENERAL OBLIGATIONS OF A LICENSEE

<< NJ ADC 13:34-19.4 >>

<<+13:34-19.4 Notification of change of name+>>

<<+(a) A licensee whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name, the following:+>>

<<+1. Legal evidence of such change; and+>>

<<+2. A copy of the licensee's original license with proof, such as a copy of a passport or a social security card, that he or she is the same person to whom the Board issued the license.+>>

<<+(b) Upon receipt of the items set forth in (a) above, the Board shall issue to the licensee a new license.+>>

<<+(c) Upon receipt of the new license as set forth in (b) above, the licensee shall immediately remit the original license to the Board.+>>

<< NJ ADC 13:34-19.5 >>

<<+13:34-19.5 License renewal; active/inactive status+>>

<<+(a) Licenses shall be renewed biennially upon a form provided by the Committee. Each applicant shall attest that the continuing education requirements have been completed during the prior 24-month renewal period.+>>

<<+(b) The Committee shall send a notice of renewal to each of its licensees at least 60 days prior to the expiration of the license. 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 timely renew.+>>

<<+(c) Every holder of a license issued or renewed by the Board who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date of expiration of the license. If the holder does not renew the license prior to its expiration date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and paying a renewal fee and a late fee. Any license not renewed within 30 days of its expiration date shall be suspended without a hearing.+>>

<<+(d) Any individual who continues to practice with an expired license after 30 days following its expiration date shall be deemed to be engaged in the unlicensed practice of professional counseling, even if no notice of suspension has been provided to the individual.+>>

<<+(e) Renewal applications for all licenses shall provide the applicant with the option of either active or inactive renewal. A renewal applicant electing to renew as inactive shall not engage in professional counseling within the State.+>>

<<+(f) An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the Board, the Board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours required for the renewal of an active license. An applicant shall complete the number of continuing education hours required for each renewal period he or she was in inactive status.+>>

<< NJ ADC 13:34-19.6 >>

<<+13:34-19.6 Reinstatement+>>

<<+Pursuant to the Uniform Enforcement Act, N.J.S.A. 45:1-1 et seq., the Board may reinstate the license of an applicant whose license has been suspended for failure to renew provided that the applicant otherwise qualifies for licensure.+>>

SUBCHAPTER 21. REHABILITATION COUNSELORS: APPLICATION PROCEDURE; <<- EDUCATIONAL REQUIREMENTS->> <<+DEFINITIONS+>>

<< NJ ADC 13:34-21.1 >>

<<+13:34-21.1 Definitions+>>

<<+(a) For purposes of this subchapter, the following words and terms shall have the following meanings:+>>

<<+"Group supervision" means the ongoing process of supervising no more than six persons in a group setting by a permissible supervisor.+>>

<<+"One calendar year" means 1,500 hours of supervised counseling experience over a period of 50 weeks, which is considered full-time, or no less than 750 hours of supervised counseling experience over two periods of 50 weeks, which is considered part-time, which means a total of 1,500 hours of supervised experience for the two periods of 50 weeks.+>>

<<+"Qualified supervisor" means a licensed rehabilitation counselor, a licensed physician practicing in the field of rehabilitation medicine, or any other supervisor acceptable to the Committee.+>>

<<+"Rehabilitation counseling experience" means rehabilitation counseling practice or the provision of rehabilitation counseling education.+>>

<<+"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented face-to-face consultation, guidance and instruction with respect to the counseling skills and competencies of the person supervised and includes at least 50 hours of face-to-face supervision per year, a minimum of one hour per week, not more than 10 hours of which may be group supervision.+>>

<< NJ ADC 13:34-21.2 >>

<<+13:34-21.2 Rehabilitation counselor: application and educational requirements+>>

<<+(a) An applicant for licensure as a rehabilitation counselor shall submit the following to the Committee:+>>

<<+1. A completed application form, which contains information concerning the applicant's educational and experiential background;+>>

<<+2. The application fee set forth in N.J.A.C. 13:34-26.1;+>>

<<+3. An official transcript(s) indicating that the applicant has satisfied the educational requirements which include a planned educational program in rehabilitation counseling approved by the Committee, which includes a master's degree in rehabilitation counseling from a regionally accredited institution of higher education and which includes coursework in the following areas:+>>

<<+i. Introduction to rehabilitation counseling;+>>

<<+ii. Counseling theories and techniques;+>>

<<+iii. Personality theories;+>>

<<+iv. Psychosocial aspects of disability;+>>

<<+v. Medical aspects of disability;+>>

<<+vi. Evaluation and assessment;+>>

<<+vii. Vocational aspects of disability;+>>

<<+viii. Rehabilitation case management;+>>

<<+ix. Research methods; and+>>

<<+x. Practicum or internship; and+>>

<<+4. A supervisor's certification indicating that the applicant has met the supervision requirements set forth in N.J.A.C. 13:34-23.+>>

<< NJ ADC 13:34-21.3 >>

<<+13:34-21.3 Rehabilitation counselor: experience requirements+>>

<<+(a) In addition to the requirements listed in N.J.A.C. 13:34-21.2, an applicant for licensure as a rehabilitation counselor shall submit to the Committee documentation indicating that the applicant has met the supervised rehabilitation counseling experience requirements for licensure as set forth below:+>>

<<+1. Three calendar years of supervised rehabilitation counseling experience in a rehabilitation counseling setting, only one calendar year of which may be obtained prior to the granting of the master's degree. Hours of supervised rehabilitation counseling experience obtained during college or university graduate level practicums or internships may be counted toward satisfying a portion of the supervised counseling experience requirement provided the courses labeled practicums or internships are not also used to satisfy the educational requirements for licensure as set forth in N.J.A.C. 13:34-21.2; or+>>

<<+2. Two calendar years of supervised rehabilitation counseling experience in a rehabilitation counseling setting, provided that the applicant has earned, subsequent to completing the master's degree, an additional 30 graduate semester hours clearly related to counseling as contained in N.J.A.C. 13:34-21.2(a)3i through x. Hours of supervised rehabilitation counseling experience obtained during college or university graduate level practicums may be counted toward satisfying a portion of the supervised rehabilitation counseling experience requirement provided the courses labeled graduate level practicums or internships are not also used to satisfy the educational requirements for licensure as set forth in N.J.A.C. 13:34-21.2. No more than one calendar year of supervised professional counseling experience may be obtained prior to the granting of the master's degree.+>>

<<+(b) An applicant for licensure may take up to a maximum of six years to satisfy the supervised rehabilitation counseling experience requirement within the definitions stated in N.J.A.C. 13:34-21.1. Rehabilitation counseling experience submitted to the Committee which occurs before the date of the application may be accepted toward the fulfillment of the experience requirement if the experience meets the criteria stated above including supervision by a qualified supervisor.+>>

<< NJ ADC 13:34-21.4 >>

<<+13:34-21.4 Rehabilitation counselor: examination requirements+>>

<<+In addition to the requirements stated in N.J.A.C. 13:34-21.2 and 21.3, an applicant for licensure as a rehabilitation counselor shall submit to the Committee proof that the applicant has successfully completed the Certified Rehabilitation Counselor Examination administered by the Commission on Rehabilitation Counselor Certification (CRCC), or its successor.+>>

<<+SUBCHAPTER 22. (RESERVED)+>> SUBCHAPTER 23. REHABILITATION COUNSELORS: SUPERVISION

<< NJ ADC 13:34-23.2 >>
<< NJ ADC 13:34-23.1 >>

13:34-<<-23.2->><<+23.1 +>>Responsibilities of supervisor

<<-(a) A supervisor shall obtain Committee approval before engaging in a supervisory relationship.->>

<<-(b) A supervisor seeking Committee approval shall submit the following information on forms provided by the Committee:->>

<<-1. Proof of qualification to act as a supervisor pursuant to N.J.A.C. 13:34-23.4; and->>

<<-2. A written statement detailing the planned hours of supervised time, planned hours of practice required for the candidate to qualify for licensure, and the nature of the work assignments planned.->>

Recodify existing (c)-(e) as <<+(a)-(c)+>> (No change in text.)

<<-(f)->><<+(d) +>>The supervisor shall ensure that the supervisee maintains, on an annual basis until the supervisee is licensed as a rehabilitation counselor, documentation of supervised experience, using forms provided by the Committee for that purpose. <<-The supervisor shall attest to compliance with the standards set forth in (a) above and shall indicate the hours and dates during which the supervisee has been under direct supervision, the nature of the cases assigned, and the proficiency rating earned by the supervisee.->>

<<-(g)->><<+(e) +>>(No change in text.)

<<-(h)->><<+(f) +>>A supervisor shall not supervise an individual with whom the supervisor has a relationship that may compromise the objectivity of the supervisor or impair the professional judgment of the supervisor. Examples of inappropriate supervisory relationships include, but are not limited to, current and former clients, relatives, current students, <<-current and former employees->> or close friends.

<< NJ ADC 13:34- >>
<< NJ ADC 13:34-23.3 >>

13:34-<<-23.3->><<+23.2+>> (No change in text.)

<<+13:34-23.3 Supervised rehabilitation counseling experience acquired prior to application+>>

<<+(a) An applicant may be granted up to one calendar year of supervised rehabilitation counseling experience credit towards fulfillment of the supervised rehabilitation counseling experience requirements for licensure as a rehabilitation counselor if the supervised experience hours occurred before the granting of the master's degree as part of college or university graduate courses which are practicums or internships, provided the courses labeled practicums or internships are not also used to satisfy the educational requirements.+>>

<<+(b) An applicant may be granted supervised rehabilitation counseling experience credit towards the fulfillment of experience requirements for licensure as a rehabilitation counselor if the supervised experience occurred after the granting of the master's degree, in a rehabilitation counseling setting which is considered exempt as set forth in N.J.S.A. 45:8B-48(b) or (f), and the experience was supervised by a qualified supervisor as set forth in N.J.A.C. 13:34-21.1.+>>

<<+(c) An applicant may be granted credit towards the fulfillment of the supervised rehabilitation counseling experience requirement for licensure as a rehabilitation counselor if the experience hours occur as part of a planned post-master's degree program in counseling in an accredited college or university designed to meet the requirements for licensure as a rehabilitation counselor.+>>

<<+(d) An applicant may purchase the services of a permissible supervisor if the supervision occurs in a rehabilitation counseling setting and the supervisor fulfills the activities and responsibilities of a supervisor as set forth in N.J.A.C. 13:34-23.1.+>>

SUBCHAPTER 26. FEES

<< NJ ADC 13:34-26.1 >>

13:34-26.1 Fees

(a) The State Board of Marriage and Family Therapy Examiners shall charge the following fees in connection with the licensure of rehabilitation counselors:

1.-7. (No change)

8. Certification of licensure .... $40.00

SUBCHAPTER 27. REHABILITATION COUNSELORS: CLIENT RECORDS; CONFIDENTIALITY

<< NJ ADC 13:34-27.5 >>

<<+13:34-27.5 Confidentiality+>>

<<+(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing rehabilitation counseling services for the client, except in the following circumstances:+>>

<<+1. Disclosure is required by Federal or State law or regulation;+>>

<<+2. Disclosure is required by the Board or the Office of the Attorney General during the course of an investigation;+>>

<<+3. Disclosure is required by a court of competent jurisdiction pursuant to an order;+>>

<<+4. The licensee has information that the client presents a clear and present danger to the health or safety of an individual;+>>

<<+5. The licensee is a party defendant to a civil, criminal or disciplinary action arising from the rehabilitation counseling services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; or+>>

<<+6. The client agrees in writing to waive the privilege accorded by this section. In circumstances where more than one person in a family is receiving rehabilitation counseling services, each family member who is at least 18 years of age or older must agree to the waiver. Where required by Federal or State law, persons under the age of 18 years of age must agree to the waiver. Absent a waiver of each family member, a licensee shall not disclose any information received from any family member.+>>

<<+(b) A licensee shall establish and maintain procedures to protect client records from access by unauthorized persons.+>>

<<+(c) A licensee shall establish procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement or death and shall establish reasonable procedures to assure the preservation of client records.+>>

SUBCHAPTER 28. REHABILITATION COUNSELORS: GENERAL OBLIGATIONS OF A LICENSEE

<< NJ ADC 13:34-28.4 >>

<<+13:34-28.4 Notification of change of name+>>

<<+(a) A licensee whose name has been legally changed shall forward to the Board by certified mail, return receipt requested, no later than 30 days following the change of name, the following:+>>

<<+1. Legal evidence of such change; and+>>

<<+2. A copy of the licensee's original license with proof, such as a copy of a passport or a social security card, that he or she is the same person to whom the Board issued the license.+>>

<<+(b) Upon receipt of the items set forth in (a) above, the Board shall issue to the licensee a new license.+>>

<<+(c) Upon receipt of the new license as set forth in (b) above, the licensee shall immediately remit the original license to the Board.+>>

<< NJ ADC 13:34-28.5 >>

<<+13:34-28.5 License renewal; active/inactive status+>>

<<+(a) Licenses shall be renewed biennially upon a form provided by the Committee. Each applicant shall attest that the continuing education requirements have been completed during the prior 24 month renewal period.+>>

<<+(b) The Committee shall send a notice of renewal to each of its licensees at least 60 days prior to the expiration of the license. 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 timely renew.+>>

<<+(c) Every holder of a license issued or renewed by the Board, who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date of expiration of the license. If the holder does not renew the license prior to its expiration date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and paying a renewal fee and a late fee. Any license not renewed within 30 days of its expiration date shall be suspended without a hearing.+>>

<<+(d) Any individual who continues to practice with an expired license after 30 days following its expiration date shall be deemed to be engaged in the unlicensed practice of rehabilitation counseling, even if no notice of suspension has been provided to the individual.+>>

<<+(e) Renewal applications for all licenses shall provide the applicant with the option of either active or inactive renewal. A renewal applicant electing to renew as inactive shall not engage in rehabilitation counseling within the State.+>>

<<+(f) An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the Board, the Board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours required for the renewal of an active license. Applicants shall complete the number of continuing education hours required for each renewal period he or she was in inactive status.+>>

<< NJ ADC 13:34-28.6 >>

<<+13:34-28.6 Reinstatement+>>

<<+Pursuant to the Uniform Enforcement Act, N.J.S.A. 45:1-1 et seq., the Board may reinstate the license of an applicant whose license has been suspended for failure to renew provided that the applicant otherwise qualifies for licensure.+>>

<<+SUBCHAPTER 29. PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND REHABILITATION COUNSELORS: ADVERTISING+>>

<< NJ ADC 13:34-29.1 >>

<<+13:34-29.1 Definitions+>>

<<+For the purposes of this subchapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:+>>

<<+"Advertisement" means an attempt, directly or indirectly by publication, dissemination or circulation in print, electronic or other media, to induce any person or entity to purchase or enter into an agreement to purchase professional or rehabilitation counseling services, treatment, or goods related thereto.+>>

<<+"Electronic media" includes, radio, television, telephone, Internet and other electronic means of communication.+>>

<<+"Print media" includes business cards, newspapers, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, direct mail, match covers, and other items disseminated by means of the printed word.+>>

<< NJ ADC 13:34-29.2 >>

<<+13:34-29.2 Advertising; general requirements+>>

<<+(a) A licensee shall be able to substantiate the truthfulness of any representation set forth in an advertisement.+>>

<<+(b) A licensee identified in an advertisement as offering professional or rehabilitation counseling or goods shall be responsible for the form and content of any advertisement disseminated by or on behalf of a licensee.+>>

<<+(c) A licensee shall assure that an advertisement does not misrepresent, suppress, omit, or conceal a material fact. Omission, suppression, or concealment of a material fact includes directly or indirectly obscuring a material fact under circumstances where the licensee knows or should know that the omission is improper or prohibits a prospective client from making a full and informed judgment on the basis of the information set forth in the advertisement.+>>

<< NJ ADC 13:34-29.3 >>

<<+13:34-29.3 Minimum content+>>

<<+(a) A licensee shall include the following in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards, and professional stationery:+>>

<<+1. Name;+>>

<<+2. License number;+>>

<<+3. Licensure status; and+>>

<<+4. Street address and telephone number of the practice location.+>>

<<+(b) For maintenance of personal or client safety, a licensee may petition the Board for a waiver of the requirement to list the street address of the practice location. A licensee shall submit a request for a waiver in writing which shall detail the reason for the request.+>>

<< NJ ADC 13:34-29.4 >>

<<+13:34-29.4 Use of professional credentials and certifications+>>

<<+(a) A licensee shall accurately and objectively represent his or her competence, education, training, and experience, as of the time of the representations.+>>

<<+(b) An advertisement that includes information on professional credentials shall contain the highest academic degrees attained related to the practice of professional, associate or rehabilitation counseling and shall refer only to degrees obtained from a regionally accredited academic institution.+>>

<<+(c) An advertisement that includes information on certification shall include the full name of the institute or agency conferring the certification or the recognized name or abbreviation of the certification.+>>

<<+(d) In addition to the information required to appear pursuant to N.J.A.C. 13:34-29.3, letters or abbreviations that may appear immediately following the licensee's name shall be limited to the following:+>>

<<+1. The highest academic degrees earned from a regionally accredited institution relating to the practice of professional or rehabilitation counseling;+>>

<<+2. Professional specialty designations as defined in N.J.A.C. 13:34- 4.1; and+>>

<<+3. Other licenses or certifications issued by another State or Federal agency.+>>

<<+(e)+>> <<+Letters or abbreviations appearing immediately following the licensee's name shall appear in the following order only:+>>

<<+1. Highest academic degrees earned from a regionally accredited institution related to the practice of professional, associate or rehabilitation counseling;+>>

<<+2. Licensure designation;+>>

<<+3. Professional specialty designation as defined in N.J.A.C. 13:34- 14.1; and+>>

<<+4. Certifications.+>>

<<+(f) Nothing in this section shall preclude any truthful or nondeceptive statement in regard to education or experience in a particular area of professional, associate or rehabilitation counseling.+>>

<< NJ ADC 13:34-29.5 >>

<<+13:34-29.5 Prohibited types or methods of advertising+>>

<<+(a) A licensee shall not guarantee that satisfaction or a cure will result from the performance of professional, associate or rehabilitation counseling.+>>

<<+(b) A licensee shall not communicate information that may identify a client without the written consent of the client.+>>

<<+(c) A licensee shall not offer a professional service which the counselor knows or should know is beyond his or her ability to perform.+>>

<<+(d) A licensee shall not advertise or communicate in a manner which appears to intimidate, exert undue pressure, or unduly influence a prospective client.+>>

<< NJ ADC 13:34-29.6 >>

<<+13:34-29.6 Retention of advertisements+>>

<<+A licensee shall retain, for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print or electronic media. The licensee shall indicate on all advertisements in his or her possession the date and place of publication or dissemination.+>>

<<+SUBCHAPTER 30. PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS AND REHABILITATION COUNSELORS: BUSINESS PRACTICES; PROFESSIONAL CONDUCT+>>

<< NJ ADC 13:34-30.1 >>

<<+13:34-30.1 Financial arrangements with clients+>>

<<+(a) Fees shall be reasonable and commensurate with the status and experience of the professional, associate or rehabilitation counselor when compared with fees of professional, associate or rehabilitation counselors offering like services or treatment in the geographic area.+>>

<<+(b) Where payment of the usual and customary fee would be a hardship, a professional or rehabilitation counselor shall refer the client to other sources for provision of services.+>>

<<+(c) Before providing counseling services, a licensee shall assist the client to understand financial arrangements. The information shall include, but not be limited to:+>>

<<+1. The identity of the person or entity responsible for payment of the fee for services;+>>

<<+2. The fee for services or the basis for determining the fee to be charged;+>>

<<+3. Whether the licensee will accept installment payments; and+>>

<<+4. The financial consequences, if any, of missed appointments.+>>

<<+(d) The provisions of this section shall not apply to a counselor in an agency setting.+>>

<< NJ ADC 13:34-30.2 >>

<<+13:34-30.2 Clients served by others+>>

<<+If a client is receiving counseling services from another mental health professional, the licensee, with the client's consent, shall inform the other mental health professional already involved and develop clear agreements to avoid confusion and conflict for the client.+>>

<< NJ ADC 13:34-30.3 >>

<<+13:34-30.3 Multiple clients+>>

lt;<+When licensees agree to provide counseling services to two or more persons who have a relationship (such as husband and wife, or parents and children), licensees shall clarify at the outset which person or persons are clients and the nature of the relationships he or she will undertake with each involved person. If it becomes apparent that the licensee may be called upon to perform conflicting roles, the licensee shall take appropriate steps to eliminate the conflict.+>>

<< NJ ADC 13:34-30.4 >>

<<+13:34-30.4 Conflicts of interest; dual relationships+>>

<<+(a) A professional, associate or rehabilitation counselor providing counseling services shall not provide those services in circumstances that would be expected to limit the counselor's objectivity and impair professional judgment or increase the risk of exploitation.+>>

<<+(b) A professional, associate or rehabilitation counselor providing counseling services shall not enter into any relationship that would be expected to limit objectivity and impair professional judgment or increase the risk of exploitation. Examples of such relationships include, but are not limited to, professional treatment of business or financial relationships, students, supervisors, friends or relatives and supervision of friends and relatives.+>>

<<+(c) A professional, associate or rehabilitation counselor who has identified a conflict of interest shall notify the parties involved and shall take action to eliminate the conflict.+>>

<< NJ ADC 13:34-30.5 >>

<<+13:34-30.5 Termination of services+>>

<<+(a) A professional, associate or rehabilitation counselor shall terminate services to a client when the services are no longer required or no longer meet the client's needs or interests.+>>

<<+(b) A professional, associate or rehabilitation counselor shall not abandon nor neglect a client in need of professional services without making reasonable arrangements for the continuation of such care or offering to help the client find alternative sources of assistance.+>>

<<+(c) A professional, associate or rehabilitation counselor who anticipates the termination or interruption of services to a client shall notify the client promptly and seek the transfer, referral or continuation of service in relation to the client's needs and preferences.+>>

<< NJ ADC 13:34-30.6 >>

<<+13:34-30.6 Prohibition on solicitation; unethical referrals and kickbacks+>>

<<+(a) A professional or rehabilitation counselor who provides services to an agency shall not solicit, for his or her private practice, the agency's clients for the same services the agency provides. Nothing in this section prohibits a counselor from offering to the client all appropriate options upon termination of services at the agency, including the continuation of services in private practice.+>>

<<+(b) A professional, associate or rehabilitation counselor shall not refer a client to a service in which the counselor or his or her immediate family has a financial interest.+>>

<<+(c) A professional, associate or rehabilitation counselor shall not prescribe goods or devices which the counselor sells or leases to the client unless the counselor advises the client of the ownership or other interest in the goods or devices.+>>

<<+(d) A professional, associate or rehabilitation counselor shall not pay, offer to pay or receive any fee or other form of compensation for referral of a client for professional services or for the purchase of goods.+>>

<<+(e) A professional or rehabilitation counselor shall not permit the division of fees for professional services unless the counselor is engaged in a bona fide partnership or professional service corporation or employment relationship.+>>

 

  

  

  

  

  

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