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RULE PROPOSALS
VOLUME 44, ISSUE 5
ISSUE DATE: MARCH 5, 2012
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PSYCHOLOGICAL EXAMINERS

Proposed Amendments: N.J.A.C. 13:42-1.3, 3.6, 4.1, and 4.4
Proposed Repeal and New Rule: N.J.A.C. 13:42-10.18

Employment by a Nonprofit Bona Fide Community Organization;
Exemption from Licensure; Responsibilities of Ap-plicant for One-
Year Unsupervised and Three-Year Supervised Temporary
Permits; Amount of Supervision Required; Responsibilities of
Supervisor; Reinstatement

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 2011-175 .
Submit written comments by May 4, 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:

[page=555] Summary

The New Jersey Board of Psychological Examiners (the Board) proposes amendments to rules dealing with practice by unlicensed individuals, supervision of permit holders, and reinstatement of licensure.

N.J.A.C. 13:42-1.3 deals with exemptions to licensure requirements for an individual employed at a nonprofit or-ganization. The rule refers to such an individual as a "psychologist employee" and as an "unlicensed psychological em-ployee." The Board believes that this reference is inappropriate, as such an individual is not licensed and should not be referred to as a psychologist. The Board proposes to amend this rule to change the phrases "psychologist employee" and "unlicensed psychological employee" to be "employee, who as part of his or her duties as an employee, does or per-forms psychological services." This phrase more accurately reflects the exemption provided by N.J.S.A. 45:14B-6(a)3 upon which the rule is based. The Board also proposes to amend this rule by adding proposed new subsection (h) that prohibits unlicensed employees from being identified as psychologists.

The Board proposes to add N.J.A.C. 13:42-3.6(c) to state that an applicant for a temporary permit cannot provide psychological services until a permit has been issued by the Board. Proposed amendments to N.J.A.C. 13:42-4.1 update a cross-reference based on new N.J.A.C. 13:42-3.6(c).

N.J.A.C. 13:42-4.4 is proposed for amendment to prohibit a supervising licensed psychologist from allowing an ap-plicant for a permit to provide services until a permit is issued by the Board. The rule is also proposed for amendment to require a supervising licensed psychologist to ensure that permit holders maintain client records pursuant to Board recordkeeping requirements.

N.J.A.C. 13:42-10.18 sets forth requirements for reinstatement of suspended licenses. The Board proposes to repeal this rule and replace it with a new rule to impose the requirements for reinstatement found at N.J.S.A. 45:1-7.2. The rule provides differing reinstatement requirements for individuals who were suspended for five years or less and those sus-pended for more than five years. An individual who was suspended for more than five years is required to, among other things, retake the licensing 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 believes that the proposed amendments to N.J.A.C. 13:42-3.6 and 4.4 will benefit society by ensuring that individuals are not providing psychological services until they have been approved by the Board and deemed capa-ble of providing such services. Requiring licensees to ensure that permit holders are maintaining client records accord-ing to Board rules will protect the individuals who receive services from permit holders by ensuring that accurate rec-ords are kept for these individuals. This will facilitate the treatment of these individuals. Proposed new N.J.A.C. 13:42-10.18 implements new procedures for licensees who petition the Board to return to active licensure after suspension of licensure. These new procedures ensure that licensees are sufficiently prepared to safely and effectively practice as psy-chologists after a period of professional inactivity.

Economic Impact

The proposed amendments to N.J.A.C. 13:42-1.3 prohibit unlicensed employees from being identified as psycholo-gists. This could have an economic impact on non-profit organizations that are currently identifying unlicensed employ-ees as psychologists in their literature. Such organizations would have to reissue literature in order to remove the identi-fications of unlicensed employees as psychologists.

Requiring supervising licensees to ensure that permit holders maintain client records will impose costs on permit holders. These costs will be minimal and will mostly constitute the cost of time spent by the permit holders in maintain-ing records. This cost is outweighed by the benefit the public will receive from ensuring that accurate client records are kept for individuals receiving psychological services from permit holders. This will facilitate the treatment of these in-dividuals.

The proposed repeal and new rule at N.J.A.C. 13:42-10.18 imposes costs, consisting of past due license renewal fees and a reinstatement fee, on licensees who let their licenses lapse. If licensees have lapsed licenses for more than five years, they are required to retake the licensing examinations. These costs are imposed pursuant to N.J.S.A. 45:1-7.2. The Board does not believe that the proposed amendments and new rule will have any other economic impact.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the pro-posed amendments, new rule or repeal.

Jobs Impact

The Board does not believe that the proposed amendments, new rule or repeal will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Board believes the proposed amendments, new rule and repeal will have no impact upon the agriculture indus-try in New Jersey.

Regulatory Flexibility Analysis

Since psychologists and permit holders are individually licensed or otherwise authorized by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.

The costs imposed on small businesses by the proposed amendments, new rule and repeal are the same costs that are imposed on all businesses as set forth in the Economic Impact statement above. The Board does not believe that psychologists, permit holders, or unlicensed employees will need to employ any professional services to comply with the proposed amendments, new rule or repeal. The proposed amendments and new rule do not impose any reporting or recordkeeping requirements, but do impose compliance requirements as detailed in the Summary above.

The compliance requirements contained in the proposed amendments and new rule are necessary to ensure the safe and effective practice of psychology. Accordingly, the Board believes that the rules must be uniformly applied to all psychologists, permit holders, and unlicensed employees and no exemptions are provided based on the size of a busi-ness.

Housing Affordability Impact Analysis

The proposed amendments, new rule and repeal 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 rules concern identification of unlicensed employees, practice standards for permit hold-ers, and the reinstatement of suspended psychologist licenses.

Smart Growth Development Impact Analysis

The proposed amendments, new rule and repeal 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 des-ignated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed rules con-cern identification of unlicensed employees, practice standards for permit holders, and the reinstatement of suspended psychologist licenses.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1. SCOPE OF PRACTICE; PERSONS REQUIRING LICENSURE;
EXEMPTIONS FROM LI-CENSURE; UNLICENSED PRACTICE

13:42-1.3 Employment by a nonprofit bona fide community organization;
exemption from licensure

(a) Pursuant to N.J.S.A. 45:14B-6(a)3, [a psychologist] an employee of a nonprofit organization which is a bona fide community agency supported wholly or in major part by public funds who, as part of his or her duties as an employ-ee, does or performs psychological services is exempted from licensure provided the employee is under the direct su-pervision of a licensed practicing psychologist. For purposes of this section, "direct supervision" shall mean acts per-formed at a nonprofit bona fide community organization wherein he or she is constantly accessible, either on-site or through electronic communication, and [page=556] available to render assistance when required and that the licensee shall retain full professional responsibility for client care and treatment. (

b)-(d) (No change.)

(e) At the time employment of the [unlicensed psychologist] employee, who as part of his or her duties as an em-ployee does or performs psychological services, commences, the exempt entity or exempt practitioner shall submit to the Board a notice specifying the following information:

1.-2. (No change.)

3. The name of each [unlicensed psychologist] employee who as part of his or her duties as an employee does or [shall] performs psychological services. The [unlicensed psychologist] employee shall not be an independent contractor.

(f)-(g) (No change.)

(h) An unlicensed employee who as part of his or her duties as an employee does or performs psychological ser-vices shall not identify him- or herself, or be identified by others, as a psychologist.

SUBCHAPTER 3. ONE-YEAR UNSUPERVISED AND THREE-YEAR SUPERVISED
TEMPORARY PERMITS FOR TRAINING PENDING ORAL EXAMINATIONS

13:42-3.6 Responsibilities of applicant for one-year unsupervised and three-year supervised temporary permits

(a)-(b) (No change.)

(c) An applicant for a one-year unsupervised or three-year supervised
temporary permit shall not provide psy-chological services until a permit has
been issued by the Board.

Recodify existing (c)-(k) as (d)-(l) (No change in text.)

SUBCHAPTER 4. SUPERVISION OF CANDIDATES FOR LICENSURE

13:42-4.1 Amount of supervision required (

a) (No change.)

(b) The equivalent of one year of [full time] full-time supervised experience shall be a minimum of 1,750 hours. The 1,750 hours shall include:

1. One thousand client contact hours completed in accordance with the limitations provided in N.J.A.C. 13:42-[3.6(e)]3.6(f);

2.-3. (No change.)

13:42-4.4 Responsibilities of supervisor

(a)-(h) (No change.)

(i) A supervisor shall not condone or knowingly permit an applicant for a three-year supervised temporary per-mit to provide psychological services prior to the Board issuing a permit to the applicant.

Recodify existing (i)-(j) as (j)-(k) (No change in text.)

(l) A supervisor shall be responsible for ensuring that a permit holder maintains client records consistent with the requirements of N.J.A.C. 13:42-8.1.

SUBCHAPTER 10. GENERAL OBLIGATIONS OF A LICENSEE

[13:42-10.18 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.]

13:42-10.18 Reinstatement

(a) A person seeking reinstatement within five years following the suspension of a license pursuant to N.J.A.C. 13:42-10.17(c) shall submit the following to the Board:

1. A completed reinstatement application;

2. Payment of the past delinquent renewal fees as set forth in N.J.A.C. 13:42-6.1;

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:42-6.1; and

4. An affidavit of employment listing each job held during the period of suspension, which includes the names, addresses, and telephone numbers of each employer.

(b) A person seeking reinstatement after more than five years following the suspension of a license shall satisfy the requirements of (a) above and shall successfully complete the examination required for initial licensure pur-suant to N.J.A.C. 13:42-5.1.

   
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