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RULE PROPOSAL
VOLUME 44, ISSUE 3
ISSUE DATE: FEBRUARY 6, 2012
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PSYCHOLOGICAL EXAMINERS

 

Proposed Amendments: N.J.A.C. 13:42-2.1, 3.1, 3.2, 3.3, 3.6, 5.1, 5.2, 5.3, 5.4, 5.6, and 6.1

Application; Qualifications to Sit for Examination; One-Year Unsupervised Permit; Three-Year Supervised Permit; Limitation, Suspension or Revocation of Permit by Board; Responsibilities of Applicant for One-Year Unsupervised and Three-Year Supervised Temporary Permits; Board-Approved Written Examination; Oral Examination; Examination Review Procedures; Out-of-State Psychologists; Admittance to Oral Examination; License without Examination; Failure of Examination; When Retaking Permitted; Board Fees

Authorized By: State Board of Psychological Examiners, J. Michael Walker, Executive Director.
 
Authority: N.J.S.A. 45:14B-13.
 
Calendar Reference: See Summary below for explanation of exception to the calendar requirement.
 
Proposal Number: PRN 2012-024.
 
Submit written comments by April 6, 2012 to:
   J. Michael Walker, Executive Director
   State Board of Psychological Examiners
   124 Halsey Street
   P.O. 45017
   Newark, NJ 07101
 
The agency proposal follows:
 
Summary
Existing N.J.A.C. 13:42-5.1 requires an applicant for licensure as a psychologist to complete an oral examination based on a work sample. Completing the oral examination is a lengthy process for applicants and involves a large amount of New Jersey Board of Psychological Examiners (Board) resources. The Board has reviewed the oral examination and the Examination for Professional Practice in Psychology sponsored by the Association of State and Provincial Psychology Boards (ASPPB), which is the national examination that all applicants for licensure are required to pass prior to taking the oral examination. The Board determined that the ASPPB examination adequately assesses an applicant's ability to safely and effectively practice psychology in New Jersey and that it is no longer necessary to require applicants to complete the oral examination. In its place, the Board proposes a new jurisprudence examination that will test the applicant's knowledge of the laws and rules governing psychological practice in New Jersey. The Board proposes to amend various sections contained in N.J.A.C. 13:42, addressed in further detail below, to delete references to the oral examination, and to replace those references with the new jurisprudence examination.

The Board proposes to amend N.J.A.C. 13:42-2.1(b)1 and 2 to reflect two previous recodifications of that rule. (See 41 N.J.R. 712(a), 2975(a), effective August 3, 2009; and 42 N.J.R. 2228(a), 43 N.J.R. 381(a), 2530(a), effective September 19, 2011.) The Board proposes to amend N.J.A.C. 13:42-3.1(a)4 and (b) to require applicants who hold an unsupervised temporary permit to take the jurisprudence examination within 90 days of obtaining the permit.

The Board proposes to amend N.J.A.C. 13:42-3.2(a) and (c), 3.3(a), and 3.6(b) to delete "oral" examination and replace it with "jurisprudence" examination since the Board will no longer require an oral examination.

The Board proposes to delete existing N.J.A.C. 13:42-5.1(b) and (c) and proposes to include a new subsection (b) to notify applicants that they must complete the Examination for Professional Practice in Psychology prior to taking the jurisprudence examination. New subsection (b) would require applicants to take the jurisprudence examination within 90 days of being notified that they passed the Examination for Professional Practice in Psychology. N.J.A.C. 13:42-5.2 establishes procedures for an applicant to review a failed oral examination. The Board proposes to amend subsection (b) to remove references to a tape of an oral examination and to delete subsections (c) through (g) since they refer to review of the oral examination. As amended, subsection (b) will provide for review of the new jurisprudence exam. The Board proposes to amend N.J.A.C. 13:42-5.3(a) and (b) to delete reference to "oral" examination and replace it with "jurisprudence" examination and to delete a reference to submission of a work sample contained in paragraph (a)3.

N.J.A.C. 13:42-5.4 permits the Board to license an individual who holds a Certificate of Professional Qualification (CPQ) from the ASPPB that was issued prior to June 30, 2006. This cut-off date for obtaining a CPQ is imposed because on that date the ASPPB stopped requiring an oral examination in order to obtain a CPQ, making it no longer equivalent to the Board's requirements for licensure. As the Board will no longer require the oral examination, the requirements for obtaining the CPQ will be the same as the requirements for obtaining Board licensure making the date a CPQ was obtained irrelevant. The Board proposes to amend N.J.A.C. 13:42-5.4(a) and (b) to delete the June 30, 2006 deadline and to require that an applicant who holds a CPQ take the jurisprudence examination. N.J.A.C. 13:42-5.6 sets forth standards for when an examination may be retaken. The Board proposes to delete N.J.A.C. 13:42-5.6(b) since it references retaking the oral examination.

N.J.A.C. 13:42-6.1(a)2 sets forth a $ 300.00 fee for the oral examination. The Board proposes to delete the $ 300.00 fee for the oral examination and replace it with a $ 100.00 fee for the jurisprudence examination because administering the jurisprudence examination will be less costly than administering the oral examination.

The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact
The Board anticipates that deleting the oral examination requirement will have a beneficial impact on applicants for licensure, the Board, and the public. Completing the oral examination is a lengthy process for the applicant and the examiner. Removing this requirement will shorten the amount of time it takes for an applicant to obtain a license as a psychologist, will allow an applicant to begin providing services to the public sooner than he or she currently can, and will lessen the strain of resources on the Board.
 
Economic Impact
The proposed elimination of the oral examination requirement will have a beneficial economic impact on applicants for licensure and the Board. The fee for the jurisprudence examination will be $ 100.00, rather than the $ 300.00 fee that was charged for the oral examination. The elimination of the oral examination will lessen the strain of resources on the Board. Moreover, shortening the amount of time that it takes to obtain a license will allow applicants to begin working as psychologists sooner than they currently can.
 
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
 
Jobs Impact
The Board does not anticipate that the proposed amendments will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact
The Board does not anticipate that the proposed amendments will have an impact upon the agriculture industry in New Jersey.
 
Regulatory Flexibility Statement
The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed amendments will apply. A regulatory flexibility analysis is not required because the proposed amendments only apply to individual applicants for licensure [page=215] who cannot be considered "small businesses" because they do not yet have a license to practice psychology.
 
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments concern examination requirements for licensure as a psychologist.
 
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern examination requirements for licensure as a psychologist.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 2.    INITIAL QUALIFICATIONS
 
13:42-2.1   Application; qualifications to sit for examination
 
(a) (No change.)
 
(b) In order to be eligible to sit for the examination, an applicant shall have two years of [full time or full time equivalent] full-time or full-time-equivalent supervised experience in accordance with N.J.A.C. 13:42-4[,] and:
 
1. An earned doctorate, which meets the criteria set forth in (d) through [(i)] (j) below, in the field of psychology from an educational institution recognized by the Board;
 
2. An earned doctorate, which meets the criteria set forth in (d) through [(i)] (j) below, in a field allied to psychology; or
 
3. (No change.)
 
(c)-(j) (No change.)
 
SUBCHAPTER 3.    ONE-YEAR UNSUPERVISED AND THREE-YEAR SUPERVISED TEMPORARY PERMITS FOR TRAINING PENDING [ORAL] JURISPRUDENCE EXAMINATIONS
 
13:42-3.1   One-year unsupervised permit
 
(a) The Board shall issue a numbered temporary permit for the unsupervised practice of psychology for a period not to exceed one year to a psychologist who:
 
1.-3. (No change.)
 
4. Meets all requirements of New Jersey law other than passing of the [oral] jurisprudence examination in this State;
 
5.-8. (No change.)
 
(b) The holder of [a] an unsupervised temporary permit pursuant to (a) above shall, within 90 days of issuance of the permit, [submit to the Board a work sample for oral examination] take the jurisprudence examination. Failure to meet this deadline may, upon notice to the permit holder, result in revocation of the permit.
 
(c)-(d) (No change.)
 
13:42-3.2   Three-year supervised permit
 
(a) The Board shall issue a numbered temporary permit for the supervised practice of psychology for a period not to exceed three years to a qualified individual who meets all requirements of New Jersey law, including the Practicing Psychology Licensing Act, N.J.S.A. 45:14B-1 et seq., other than the requisite number of hours of post-doctoral supervised experience and/or passing of the written and [oral] jurisprudence examinations and has not engaged in any act or practice which would be the basis for denying a permit under the Uniform Enforcement Act, N.J.S.A. 45:1-14 et seq. An applicant for licensure who has not completed the requirement for post-doctoral supervised experience shall be required to obtain a three-year supervised permit and comply with all of the provisions of this subchapter including those applicants who intend to obtain the supervised experience in a practice or facility that is otherwise exempt pursuant to N.J.S.A. 45:14B-6[, N.J.S.A.] or 45:14B-8[,] or N.J.A.C. 13:42-1.2, [through] 1.3, 1.4, or 1.5.
 
(b) (No change.)
 
(c) The permit holder shall obtain the required supervised experience and successfully complete the written and [oral] jurisprudence examinations prior to the expiration of the permit.
 
(d) (No change.)
 
13:42-3.3   Limitation, suspension, or revocation of permit by Board
 
(a) The Board may, upon notice to the permit holder limit, suspend, or revoke the permit of an individual who fails the written or [oral] jurisprudence examination.
 
(b) (No change.)
 
13:42-3.6   Responsibilities of applicant for one-year unsupervised and three-year supervised temporary permits
 
(a) (No change.)
 
(b) The applicant shall request in writing the issuance of a one-year unsupervised or three-year supervised temporary permit to practice psychology until passing of the written and [oral] jurisprudence examinations and/or for the purpose of meeting the supervised experience requirement.
 
(c)-(k) (No change.)
 
SUBCHAPTER 5.    EXAMINATIONS
 
13:42-5.1   Board-approved written examination; [oral] jurisprudence examination
 
(a) (No change.)
 
[(b) A candidate who passes the written examination shall then take an oral examination of his or her professional practice based on a work sample in accord with guidelines to be supplied to the candidate by the Board and as follows:
 
1. The candidate shall within 90 days of notification of successful completion of the written examination, present a current work sample representative of the candidate's present practice. For the purposes of this rule, "current" work sample is defined to mean a work sample either in progress or where the treatment services were terminated within one year before the submission of the work sample. The dates of client service shall be specifically mentioned on the cover page.
 
2. The candidate shall identify the work sample by the area of the candidate's specialty.
 
3. The text of the work sample shall be typed and double spaced and shall not exceed 20 pages in length. All tests and protocols used as the basis for professional intervention shall be presented as appendices.
 
(c) The examiner(s) shall tape the oral examination for the purpose of creating a record. The candidate shall not tape the oral examination.]
 
(b) A candidate who passes the written Examination for Professional Practice in Psychology shall then take the Board's written jurisprudence examination within 90 days of notification of passing the Examination for Professional Practice in Psychology.
 
13:42-5.2   Examination review procedures
 
(a) (No change.)
 
(b) A candidate who fails the [oral] jurisprudence examination may request a review of [his or her oral] the jurisprudence examination [tape]. The candidate's written request for review must reach the Board's Executive Director within 45 days of the date of the letter of notification of examination results. The Executive Director will make the [tape of the oral] jurisprudence examination available to the candidate at the Board office on a mutually convenient date. Neither the candidate nor an agent of the candidate may [tape the Board's] copy [of] the [oral] jurisprudence examination [tape] during this or any review of the [tape of the oral] jurisprudence examination.
 
[(c) Following review of the examination tape, a candidate who failed the oral examination may request reconsideration of the decision. The candidate's written request for reconsideration must reach the Board's Executive Director within 45 days of the date of the examination review. The request for reconsideration must be limited to no more than 5 8 1/2 inch by 11 inch sized pages, single spaced, with normal size type set and standard margins. Only one side of the page may be used.
 
(d) The Board shall grant a request for reconsideration only upon the candidate's showing of good cause establishing that the request is [page=216] meritorious and made in good faith. Good cause for this purpose shall mean:
 
1. Proof of unusual circumstances surrounding the examination which adversely and significantly influenced the candidate's performance;
 
2. Proof that the scope of the examination conducted did not sufficiently address the candidate's professional work sample;
 
3. Proof of examiner bias against the candidate, the candidate's orientation or kind of work; or
 
4. Proof of a substantial and material error on the part of the examiners.
 
(e) If, upon review of the written request for reconsideration, the Board determines that the candidate has demonstrated good cause for reconsideration, the Board may designate a subcommittee to review the matter and make a recommendation to the Board after conducting such inquiry or investigation as the subcommittee deems necessary. The subcommittee shall subsequently present to the Board the following information in closed session: the basis for the request for reconsideration; the reasons advanced by the applicant for changing the Board's previous decision; and the subcommittee's recommendation to sustain, modify, overturn or vacate the Board's previous decision and the reasons for that recommendation.
 
(f) The Board shall promptly mail to the candidate a copy of the Board's final decision and supporting reasons.
 
(g) A transcript of the oral examination may be prepared by a shorthand reporter, at the candidate's expense, only if the transcript is required for appellate review by the Superior Court.]
 
13:42-5.3   Out-of-State psychologists; admittance to [oral] jurisprudence examination
 
(a) An out-of-State psychologist shall be admitted to take the [oral] jurisprudence examination in New Jersey provided the individual can demonstrate to the satisfaction of the Board that he or she:
 
1.-2. (No change.)
 
3. Meets all other requirements for licensure[, including submission of a work sample as defined in N.J.A.C. 13:42-5.1(b)].
 
(b) An out-of-State psychologist, who can demonstrate proof of meeting all requirements for licensure other than the Board-approved written examination and who can demonstrate satisfactory completion of 20 years of licensed, responsible, and competent practice in another state, shall be admitted to take the [oral] jurisprudence examination in New Jersey.
 
(c) (No change.)
 
13:42-5.4   License without examination
 
(a) A psychologist who holds a diploma from the American Board of Professional Psychology awarded by examination, and who meets all other requirements of New Jersey law, shall be licensed following satisfactory completion of [an oral interview with the Board or designated member(s) thereof] the jurisprudence examination.
 
(b) A psychologist who [obtained] holds the Association of State and Provincial Psychology Boards (ASPPB) Certificate of Professional Qualification (CPQ) in psychology [prior to June 30, 2006] and who meets all other requirements of New Jersey law, shall be licensed following satisfactory completion of [an oral interview with the Board or designated member(s) thereof] the jurisprudence examination.
 
13:42-5.6   Failure of examination; when retaking permitted
 
[(a)] The written examination may be retaken in accordance with the rules established by the Association of State and Provincial Psychology Boards (ASPPB) provided that all applicable requirements have been satisfied.
 
[(b) The oral examination may be retaken only as follows:
 
1. First reexamination no sooner than six months after the first examination;
 
2. Successive reexamination no sooner than one year after the date of the previous reexamination;
 
3. After the first failure and each subsequent failure, the Board may mandate additional training, educational casework and/or supervision prior to reexamination.]
 
SUBCHAPTER 6.    BOARD FEES
 
13:42-6.1   Board fees
 
(a) Charges for examinations, licensure, and other services are:
 
1. (No change.)
 
2. Examination fee: [$ 300.00 oral] $ 100.00 jurisprudence.
 
3.-10. (No change.)
 
(b) (No change.)

   
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